NY State Senate Bill 2023-S4909B

Archive: Last Bill Status - Passed Senate

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	returned to assembly repassed senate
Jun 04, 2024	amended on third reading (t) 4909b
Jun 04, 2024	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 30, 2024	referred to health delivered to assembly passed senate
Apr 19, 2024	advanced to third reading
Apr 18, 2024	2nd report cal.
Apr 17, 2024	1st report cal.833
Apr 02, 2024	print number 4909a
Apr 02, 2024	amend and recommit to health
Jan 03, 2024	referred to health
Jun 10, 2023	committed to rules
May 01, 2023	advanced to third reading
Apr 26, 2023	2nd report cal.
Apr 25, 2023	1st report cal.688
Feb 17, 2023	referred to health

Votes

- Jun 7, 2024 - Floor Vote
  S4909B
  
  Aye
  
  59
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 7, 2024
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Oberacker
      
      excused (2)
      
      Felder
      
      Walczyk
      
      The following Member(s) participated via videoconferencing: Cooney
  May 30, 2024 - Floor Vote
  S4909B
  
  Aye
  
  56
  
  Nay
  
  1
  
  Absent
  
  1
  
  Excused
  
  4
  
  Abstained
  
  0
  - - Floor Vote: May 30, 2024
      
      aye (56)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Oberacker
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Felder
      
      Myrie
      
      Thomas
      
      Walczyk
  Apr 16, 2024 - Health Committee Vote
  S4909B
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Health Committee Vote: Apr 16, 2024
      
      aye (10)
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      aye wr (4)
      
      Ashby
      
      Martins
      
      Rhoads
      
      Stec
      
      excused (1)
      
      Gallivan
  Apr 25, 2023 - Health Committee Vote
  S4909B
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Apr 25, 2023
      
      aye (10)
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      aye wr (5)
      
      Ashby
      
      Gallivan
      
      Martins
      
      Rhoads
      
      Stec

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S4909 - Details

See Assembly Version of this Bill:: A474
Law Section:: Public Health Law
Laws Affected:: Add §2831, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8355, A10733
2019-2020: S1907, A6728
2021-2022: S8834, A4848, A9910
2025-2026: S5294, A203

2023-S4909 - Summary

Requires hospitals to establish a violence prevention program.

2023-S4909 - Sponsor Memo

                                 
BILL NUMBER: S4909

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::

S.8834 of 2021-22: Referred to Health;

S.1907 of 2019-20: Referred to Health;

S.8355 of 2018: Referred to Health

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2023-S4909 - Bill Text download pdf

                             
                     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.

co-Sponsors

2023-S4909A - Details

See Assembly Version of this Bill:: A474
Law Section:: Public Health Law
Laws Affected:: Add §2831, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8355, A10733
2019-2020: S1907, A6728
2021-2022: S8834, A4848, A9910
2025-2026: S5294, A203

2023-S4909A - Summary

Requires hospitals to establish a violence prevention program.

2023-S4909A - Sponsor Memo

                                 
BILL NUMBER: S4909A

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 180 days after it shall have become a law.

 
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:

S.8834 of 2021-22: Referred to Health;

S.1907 of 2019-20: Referred to Health;

S.8355 of 2018: Referred to Health
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.

2023-S4909A - Bill Text download pdf

                             
                     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.

co-Sponsors

2023-S4909B (ACTIVE) - Details

See Assembly Version of this Bill:: A474
Law Section:: Public Health Law
Laws Affected:: Add §2831, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8355, A10733
2019-2020: S1907, A6728
2021-2022: S8834, A4848, A9910
2025-2026: S5294, A203

2023-S4909B (ACTIVE) - Summary

Requires hospitals to establish a violence prevention program.

2023-S4909B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4909B

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring hospi-
tals to develop a violence prevention program

 
PURPOSE:

To require hospitals to establish a violence prevention protection
program including the establishment of security personnel in hospital
emergency departments to protect from violence and verbal and physical
abuse of doctors, nurses and staff who provide critical medical care in
such emergency departments.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill requires hospitals to establish a violence
prevention program to require:

Each hospital shall create such program consistent with the workplace

violence standards of any accrediting organization approved by the
Centers for Medicare & Medicaid Services under which such hospital main-
tains accreditation provided however that such standards are comparable
to those established by the Joint Commission on Health Care Organiza-
tions;

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 with consideration of emergent circum-
stance in any hospital; and

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. This shall not apply
to hospitals designated as a critical access hospitals, sole community
hospitals, or rural emergency hospitals. 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 the critical access hospital, sole community hospital, or
rural emergency hospital to come into compliance with the requirement,
to have at least one off-duty law enforcement officer or trained securi-
ty personnel on premises at all times in a manner that prioritizes phys-
ical presence near, or within close proximity to, the emergency depart-
ment of such hospital with direct responsibility to the emergency
department, over a reasonable period of time.

Section 2 provides for the effective date.

 
JUSTIFICATION:



Physicians, Nurses, and other healthcare employees are exposed on a
daily basis to the potential of assault or other violent situations in
the course of their duties.

Assault on the job is one of the most frequent causes of serious inju-
ries in the healthcare industry, and violence is a more common cause of
injury than in other industries. U.S. healthcare workers suffer thou-
sands of workplace-violencerelated injuries every year that require time
away from work for treatment and recovery (i.e., serious injuries).

In a 2022 American College of Emergency Physicians survey of E.R.
doctors, 55 percent said they had been physically assaulted, almost all
by patients, with a third of those resulting in injuries. 85 percent had
been seriously threatened by patients. The risks can be even higher for
E.R. nurses, with over 70 percent reporting they had sustained physical
assaults at work.

The 2022 American College of Emergency Physicians survey further found
that the incidences of workplace violence in emergency departments
contributed to staff shortages due to staff injury, emotional trauma,
and anxiety. As well as increased wait times for patients and delay of
critical medical care.

 
LEGISLATIVE HISTORY:

A.4848 of 2020

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect two hundred and seventy days after it shall
have become law.

2023-S4909B (ACTIVE) - Bill Text download pdf

                             
                     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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S4909B

Sponsored By

Archive: Last Bill Status - Passed Senate

Actions

Votes

Jun 7, 2024 - Floor Vote

Floor Vote: Jun 7, 2024

May 30, 2024 - Floor Vote

Floor Vote: May 30, 2024

Apr 16, 2024 - Health Committee Vote

Health Committee Vote: Apr 16, 2024

Apr 25, 2023 - Health Committee Vote

Health Committee Vote: Apr 25, 2023

Bill Amendments

co-Sponsors

2023-S4909 - Details

2023-S4909 - Summary

2023-S4909 - Sponsor Memo

2023-S4909 - Bill Text download pdf

co-Sponsors

2023-S4909A - Details

2023-S4909A - Summary

2023-S4909A - Sponsor Memo

2023-S4909A - Bill Text download pdf

co-Sponsors

2023-S4909B (ACTIVE) - Details

2023-S4909B (ACTIVE) - Summary

2023-S4909B (ACTIVE) - Sponsor Memo

2023-S4909B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2023-S4909B

Senate Bill S4909B

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Actions

Votes

Bill Amendments

co-Sponsors

2023-S4909 - Details

2023-S4909 - Summary

2023-S4909 - Sponsor Memo

2023-S4909 - Bill Text download pdf

co-Sponsors

2023-S4909A - Details

2023-S4909A - Summary

2023-S4909A - Sponsor Memo

2023-S4909A - Bill Text download pdf

co-Sponsors

2023-S4909B (ACTIVE) - Details

2023-S4909B (ACTIVE) - Summary

2023-S4909B (ACTIVE) - Sponsor Memo

2023-S4909B (ACTIVE) - Bill Text download pdf

Comments