S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4909--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced by Sens. SEPULVEDA, CLEARE -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Health -- recom-
   mitted 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

 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 SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02307-05-4
              

 S. 4909--A                          2
 
 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.
   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.  THE PLAN SHALL PROVIDE THAT  EACH
 HOSPITAL  HAVE  AT LEAST ONE OFF-DUTY LAW ENFORCEMENT OFFICER OR TRAINED
 SECURITY PERSONNEL BE PRESENT AT ALL TIMES IN THE  EMERGENCY  DEPARTMENT
 OF  SUCH  HOSPITAL.    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 on the one hundred eightieth day after
 it shall have become a law.