S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4909
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 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
 2831 to read as follows:
   § 2831. 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-FOUR,  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.
                                                            LBD02307-01-3
              

 S. 4909                             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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4909--B
     Cal. No. 833
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA, GRIFFO, CLEARE, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  --  recommitted  to the Committee on Health in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a  third  reading,  passed by Senate and delivered to the
   Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the public health law, in relation to  requiring  hospi-
   tals to 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
 2831 to read as follows:
   §  2831. VIOLENCE PREVENTION PROGRAM. 1.  EVERY GENERAL HOSPITAL SHALL
 ESTABLISH A VIOLENCE PREVENTION PROGRAM CONSISTENT WITH THE CENTERS  FOR
 MEDICARE  AND  MEDICAID  SERVICES  CONDITIONS OF PARTICIPATION REGARDING
 EMERGENCY EVENTS (42 C.F.R § 482.15(D)(1) AND 24  C.F.R  482.15(A))  AND
 THE  WORKPLACE VIOLENCE STANDARDS OF ANY ACCREDITING ORGANIZATION BY THE
 CENTERS FOR MEDICARE AND MEDICAID SERVICES  UNDER  WHICH  SUCH  HOSPITAL
 MAINTAINS  ACCREDITATION PROVIDED HOWEVER, SUCH STANDARDS ARE COMPARABLE
 TO THOSE ESTABLISHED BY THE JOINT COMMISSION ON  HEALTH  CARE  ORGANIZA-
 TIONS.
   2.  GENERAL HOSPITALS LOCATED IN A CITY OR COUNTY WITH A POPULATION OF
 ONE MILLION OR MORE SHALL BE REQUIRED TO HAVE AT LEAST ONE OFF-DUTY  LAW
 ENFORCEMENT  OFFICER  OR  TRAINED  SECURITY  PERSONNEL BE PRESENT AT ALL
 TIMES IN THE EMERGENCY DEPARTMENT, EXCEPT IN EMERGENT CIRCUMSTANCES THAT
 REQUIRE A LARGE SECURITY PRESENCE ELSEWHERE IN THE FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02307-07-4
              

 S. 4909--B                          2
 
   3. GENERAL HOSPITALS LOCATED IN A CITY OR  COUNTY  WITH  A  POPULATION
 LESS  THAN  ONE  MILLION SHALL BE REQUIRED TO HAVE AT LEAST ONE OFF-DUTY
 LAW ENFORCEMENT OFFICER OR TRAINED SECURITY PERSONNEL ON PREMISES AT ALL
 TIMES IN A MANNER THAT PRIORITIZES PHYSICAL  PRESENCE  NEAR,  OR  WITHIN
 CLOSE  PROXIMITY  TO,  THE  EMERGENCY  DEPARTMENT  OF SUCH HOSPITAL WITH
 DIRECT RESPONSIBILITY TO THE EMERGENCY  DEPARTMENT.  THE  PROVISIONS  OF
 THIS  SUBDIVISION  SHALL  NOT  APPLY  TO GENERAL HOSPITALS DESIGNATED AS
 CRITICAL ACCESS HOSPITALS, SOLE COMMUNITY HOSPITALS OR  RURAL  EMERGENCY
 HOSPITALS,  PROVIDED HOWEVER, IF ANY SUCH HOSPITAL EXPERIENCES INCREASED
 RATES OF VIOLENCE OR ABUSE OF EMERGENCY DEPARTMENT  PERSONNEL  EVIDENCED
 BY  INTERNAL  REPORTING  PURSUANT  TO THE VIOLENCE PREVENTION PROGRAM OR
 REPORTS TO LAW ENFORCEMENT, THE COMMISSIONER SHALL WORK WITH SUCH  CRIT-
 ICAL  ACCESS HOSPITAL, SOLE COMMUNITY HOSPITAL OR RURAL EMERGENCY HOSPI-
 TAL TO COME INTO COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION OVER
 A REASONABLE PERIOD OF TIME.
   § 2. This act shall take effect on the two hundred eightieth day after
 it shall have become a law.