S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4848
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DE LA ROSA,  JEAN-PIERRE,  J. RIVERA, DILAN,
   SAYEGH, GRIFFIN -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  requiring  hospi-
   tals to conduct an annual safety and security assessment and develop a
   violence prevention program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2828 to read as follows:
   §  2828.  VIOLENCE  PREVENTION  PROGRAM.  1.  WITHIN SIX MONTHS OF THE
 EFFECTIVE DATE  OF  THIS  SECTION,  EVERY  HOSPITAL  SHALL  ESTABLISH  A
 VIOLENCE  PREVENTION  PROGRAM  FOR THE PURPOSE OF PROTECTING HEALTH CARE
 WORKERS, PATIENTS, FAMILIES AND VISITORS. THE PROGRAM SHALL, AT A  MINI-
 MUM, INCLUDE THE REQUIREMENTS SET FORTH IN THIS SECTION.
   2.  BEGINNING  JANUARY  FIRST,  TWO THOUSAND TWENTY-TWO, ALL HOSPITALS
 SHALL CONDUCT, NOT LESS THAN ANNUALLY, A SAFETY AND SECURITY  ASSESSMENT
 AND  DEVELOP A SAFETY AND SECURITY PLAN. AS PART OF THE PLAN, A HOSPITAL
 SHALL ADOPT SECURITY  POLICIES  INCLUDING  PERSONNEL  TRAINING  POLICIES
 DESIGNED TO PROTECT PERSONNEL, PATIENTS, AND VISITORS FROM AGGRESSIVE OR
 VIOLENT  BEHAVIOR. THE ASSESSMENT SHALL CONSIDER LIMITING AND REGULATING
 VISITOR ACCESS THROUGH A SECURE PRIMARY  ENTRANCE,  IMPLEMENTING  STRONG
 VISITOR  MANAGEMENT  PROGRAMS THROUGH THE USE OF VISITOR SCREENING TECH-
 NOLOGIES THAT INCORPORATE THE ISSUANCE OF TEMPORARY IDENTIFICATION BADG-
 ES TO ALL VISITORS ENTERING  THE  HOSPITAL.  IN  CONDUCTING  THE  ANNUAL
 ASSESSMENT  AND  DEVELOPING  THE  PLAN,  THE HOSPITAL SHALL CONSULT WITH
 AFFECTED EMPLOYEES, INCLUDING THE RECOGNIZED COLLECTIVE BARGAINING AGENT
 OR AGENTS, IF ANY, AND MEMBERS OF THE HOSPITAL  MEDICAL  STAFF  AND  MAY
 OCCUR  THROUGH  ESTABLISHED  HOSPITAL SAFETY AND SECURITY COMMITTEES AND
 EXISTING LABOR MANAGEMENT  COMMITTEES.  PERSONS  REGULARLY  ASSIGNED  TO
 PROVIDE  SECURITY  IN  A  HOSPITAL  SETTING  SHALL BE ADEQUATELY TRAINED
 REGARDING THE ROLE OF SECURITY IN  HOSPITAL  OPERATIONS,  INCLUDING  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08531-01-1

 A. 4848                             2
 
 IDENTIFICATION  OF AGGRESSIVE AND VIOLENT PREDICTING FACTORS AND MANAGE-
 MENT OF VIOLENT DISTURBANCES.
   3. THE ANNUAL SAFETY AND SECURITY ASSESSMENT SHALL INCLUDE, BUT NOT BE
 LIMITED TO, SECURITY CONSIDERATIONS RELATING TO ALL OF THE FOLLOWING:
   (A) THE FACILITY'S LAYOUT, ACCESS RESTRICTIONS AND PHYSICAL AND STRUC-
 TURAL  LAYOUT  CONCERNS  THAT  COULD  LEAD  TO ENDANGERING THE SAFETY OF
 PATIENTS AND HOSPITAL PERSONNEL;
   (B) THE IMPACT OF SUFFICIENT STAFFING, INCLUDING SECURITY PERSONNEL TO
 DELIVER SECURITY;
   (C) ADEQUATE POLICY AND TRAINING TO RESPOND TO VIOLENT ACTS;
   (D) THE CRIME RATE IN SURROUNDING  AREAS,  LIGHTING,  AND  EFFORTS  TO
 COOPERATE  WITH  LOCAL  LAW  ENFORCEMENT  REGARDING  VIOLENT ACTS IN THE
 FACILITY;
   (E) PROTECTIVE MEASURES, INCLUDING COMMUNICATION,  ALARMS  AND  ACCESS
 CONTROL;
   (F)  THE  HANDLING  AND IDENTIFICATION OF DISTURBED PATIENTS, VISITORS
 AND EMPLOYEES;
   (G) THE HANDLING OF THREATS AND THE PRESENCE OF  INDIVIDUALS  WHO  MAY
 POSE A RISK OF VIOLENCE;
   (H) HOSPITAL SAFETY AND EMERGENCY PREPAREDNESS;
   (I)  MECHANISMS  FOR ENSURING APPROPRIATE SAFETY AND SECURITY COMMUNI-
 CATION AND INFORMATION SHARING BETWEEN STAFF; AND
   (J) SAFETY PROTOCOLS TO MEET THE  NEEDS  OF  INDIVIDUALS  WITH  MENTAL
 ILLNESS, VIOLENCE PREVENTION AND DE-ESCALATION SAFEGUARDS.
   4.  THE SAFETY AND SECURITY PLAN SHALL SPECIFY METHODS TO REDUCE IDEN-
 TIFIED RISKS,  INCLUDING  TRAINING,  INCREASED  STAFFING  AND  SECURITY,
 EQUIPMENT  AND  FACILITY  MODIFICATIONS.  EVERY  HOSPITAL SHALL MAKE THE
 SAFETY AND SECURITY PLAN AND OTHER ASPECTS OF  THE  VIOLENCE  PREVENTION
 PROGRAM  AVAILABLE,  UPON  REQUEST,  TO  ITS EMPLOYEES, THEIR DESIGNATED
 REPRESENTATIVES AND TO THE DEPARTMENT.
   § 2. This act shall take effect immediately.