NY State Senate Bill 2021-S8834

Senate Bill S8834

2021-2022 Legislative Session

Relates to requiring hospitals to establish a violence prevention program and conduct an annual safety and security assessment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2022	referred to health

2021-S8834 (ACTIVE) - Details

See Assembly Version of this Bill:: A9910
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2830, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8355, A10733
2019-2020: S1907, A6728
2023-2024: S4909, A474

2021-S8834 (ACTIVE) - Summary

Requires hospitals to establish a violence prevention program and conduct an annual safety and security assessment for the purpose of protecting health care workers, patients, families and visitors.

2021-S8834 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8834

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

Requires hospitals to establish a violence prevention program and
conduct and annual safety and security assessment.

 
SUMMARY OF PROVISIONS:

This legislation will require hospitals to establish a violence
prevention Program. Annually, they must conduct a safety and security
assessment and develop a safety and security plan while consulting with
affected employees, including the recognized collective bargaining agent
or agents, if any, and members of the hospital medical staff. It can
occur through established hospital safety and security committees and

existing labor management Committees.

This legislation includes provisions on what the annual safety and secu-
rity assessment shall include as considerations. It must specify methods
to reduce identified risks, including training, increased staffing and
security, equipment and facility modifications. The safety and security
plan and other aspects of the violence prevention program must be made
available upon request, to employees of the hospital, their designated
representatives and to the department.

This bill will take effect immediately.

 
JUSTIFICATION:

Physicians and other health care employees are exposed on a daily basis
to the potential of assault or other violent situations in the course of
their duties and assault on the job is one of the most frequent causes
of serious injuries in health care. Violence is a more common source of
injury in healthcare than in other industries.  U.S. healthcare workers
suffer thousands of workplace-violence-related injuries every year that
require time away from work for treatment and recovery (i.e., serious
injuries). A 2013 Public Citizen Report found that forty-five percent of
all workplace violence incidents in the USA that result in lost workdays
occur in the health care sector. Injuries and illnesses come at a high
cost, but it can be prevented. To ensure that healthcare workers are
able to provide the highest quality of care for their patients, this
bill will help ensure a safe work environment conducive to the needs of
these professionals.

 
LEGISLATIVE HISTORY:

A.4848 of 2020

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8834 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8834
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed 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
 2830 to read as follows:
   § 2830. 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-THREE,  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
 IDENTIFICATION OF AGGRESSIVE AND VIOLENT PREDICTING FACTORS AND  MANAGE-
 MENT OF VIOLENT DISTURBANCES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08531-02-2

 S. 8834                             2
 
   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.

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