Assembly Bill A10733

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10733
 
                           I N  A S S E M B L Y
 
                               May 16, 2018
                                ___________
 
 Introduced  by  M.  of  A.  DE LA ROSA  -- 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
 2827 to read as follows:
   §  2827.  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 NINETEEN, 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.
              

                                                            LBD15689-01-8

 A. 10733                            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.