S T A T E O F N E W Y O R K
________________________________________________________________________
6728
2019-2020 Regular Sessions
I N A S S E M B L Y
March 15, 2019
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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 TWENTY, 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.
LBD07316-01-9
A. 6728 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.