S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  203--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  DINOWITZ,  SEAWRIGHT, HEVESI, KASSAY,
   KELLES, COLTON, EPSTEIN, DAVILA, SANTABARBARA, HAWLEY -- read once and
   referred to the Committee on  Health  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 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
 2832 to read as follows:
   §  2832.  VIOLENCE  PREVENTION  PROGRAM.  1.  FOR THE PURPOSES OF THIS
 SECTION, THE TERM "FACILITY" SHALL MEAN A GENERAL HOSPITAL OR A  NURSING
 HOME AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, EVERY FACIL-
 ITY  SHALL  ESTABLISH  A  WORKPLACE  VIOLENCE PREVENTION PROGRAM FOR THE
 PURPOSE OF PROTECTING HEALTH CARE WORKERS, PATIENTS, FACILITY RESIDENTS,
 AND VISITORS. SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  THE
 REQUIREMENTS SET FORTH IN THIS SECTION.
   3.  ALL  FACILITIES SHALL CONDUCT, NOT LESS THAN ANNUALLY, A WORKPLACE
 SAFETY AND SECURITY ASSESSMENT AND DEVELOP A SAFETY  AND  SECURITY  PLAN
 THAT ADDRESSES IDENTIFIED WORKPLACE VIOLENCE THREATS OR HAZARDS. AS PART
 OF  SUCH  PLAN,  A  FACILITY SHALL ADOPT SECURITY MEASURES AND POLICIES,
 INCLUDING PERSONNEL TRAINING POLICIES DESIGNED TO  PREVENT  OR  MINIMIZE
 IDENTIFIED WORKPLACE VIOLENCE THREATS OR HAZARDS AND PROTECT HEALTH CARE
 WORKERS,  PATIENTS,  FACILITY  RESIDENTS AND VISITORS FROM AGGRESSIVE OR
 VIOLENT BEHAVIOR,  INCLUDING  BUT  NOT  LIMITED  TO,  CREDIBLE  THREATS,
 ASSAULTS,  INJURIES, AND DEATHS. IN CONDUCTING THE ANNUAL ASSESSMENT AND
 DEVELOPING THE SAFETY AND SECURITY PLAN, FACILITIES SHALL SEEK  MEANING-
 FUL  INPUT  FROM  AND COLLABORATION WITH FRONT-LINE EMPLOYEES, INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00723-02-5
 A. 203--A                           2
 
 THE RECOGNIZED COLLECTIVE  BARGAINING  AGENT  OR  AGENTS,  IF  ANY,  AND
 MEMBERS  OF THE CLINICAL STAFF, AND MAY DO SO THROUGH ESTABLISHED HOSPI-
 TAL SAFETY AND SECURITY COMMITTEES AND EXISTING LABOR MANAGEMENT COMMIT-
 TEES.  NOTHING  IN THIS SECTION SHALL DIMINISH, SUPPLANT OR RESTRICT THE
 RIGHTS, PRIVILEGES AND REMEDIES OF ANY EMPLOYEE OR COLLECTIVE BARGAINING
 REPRESENTATIVE UNDER APPLICABLE LAW, RULE OR  REGULATION  OR  UNDER  THE
 TERMS OF A COLLECTIVE BARGAINING AGREEMENT.
   4.  THE ANNUAL SAFETY AND SECURITY ASSESSMENT SHALL BE TAILORED TO THE
 SIZE, COMPLEXITY, AND LOCAL GEOGRAPHICAL FACTORS AFFECTING THE  FACILITY
 AND  SHOULD  IDENTIFY  AND  CONSIDER  ALL  RELEVANT THREATS AND HAZARDS,
 INCLUDING BUT NOT LIMITED  TO  REVIEW  OF  WORKPLACE  VIOLENCE  INCIDENT
 REPORTS  AND INCIDENT LOGS, CONCERNS OR COMPLAINTS RAISED BY HEALTH CARE
 WORKERS, PATIENTS, FACILITY RESIDENTS, VISITORS, AND RECOGNIZED  COLLEC-
 TIVE  BARGAINING  REPRESENTATIVES,  SAFETY  AND  SECURITY CONSIDERATIONS
 RELATING TO THE FACILITY'S LAYOUT AND ACCESS POINTS, VISITOR MANAGEMENT,
 AND PROTECTIVE FACTORS SUCH AS ACCESS CONTROL, THE ADEQUACY OF ENGINEER-
 ING CONTROLS TO LIMIT VIOLENCE OR PROTECT EMPLOYEES, ALARMS AND COMMUNI-
 CATION SYSTEMS, AND OTHER RELEVANT FACTORS, AS APPROPRIATE TO THE FACIL-
 ITY. ADDITIONALLY, THE ASSESSMENT SHOULD CONSIDER THE ADEQUACY OF  STAFF
 TRAINING  POLICIES  AND  SECURITY  PROCEDURES, INCLUDING THE HANDLING OF
 DISRUPTIVE OR VIOLENT PATIENTS AND OTHER PERSONS.  HEALTH  CARE  WORKERS
 REGULARLY ASSIGNED TO PROVIDE SECURITY IN FACILITIES SHALL BE ADEQUATELY
 TRAINED  REGARDING  THE ROLE OF SECURITY IN SUCH FACILITIES. ASSESSMENTS
 SHOULD CONSIDER THE CRIME RATE IN SURROUNDING  AREAS  AND  RELATIONSHIPS
 WITH LOCAL LAW ENFORCEMENT.
   5.  BASED ON THE FINDINGS AND ONGOING REVIEW OF THE WORKPLACE VIOLENCE
 ASSESSMENT, FACILITIES SHALL IMPLEMENT A WORKPLACE VIOLENCE  SAFETY  AND
 SECURITY  PLAN,  WHICH  SHALL  BE  UPDATED AS NECESSARY TO ADDRESS NEWLY
 IDENTIFIED MATERIAL RISKS AND CHANGES  IN  CONDITIONS.  THE  SAFETY  AND
 SECURITY  PLAN  SHALL  SPECIFY METHODS TO REDUCE IDENTIFIED RISKS, WHICH
 MAY INCLUDE STAFF TRAINING, INCREASED STAFFING AND SECURITY, ENGINEERING
 CONTROLS SUCH AS BARRIERS, LIGHTING, ALARMS AND  COMMUNICATION  SYSTEMS,
 SAFETY  EQUIPMENT,  FACILITY  IMPROVEMENTS  OR  MODIFICATIONS, AND OTHER
 MEASURES AS APPROPRIATE TO THE FACILITY. EACH FACILITY SHALL  PROVIDE  A
 DETAILED  WRITTEN SUMMARY OF THE SAFETY AND SECURITY PLAN TO ITS EMPLOY-
 EES AND  COLLECTIVE  BARGAINING  REPRESENTATIVES,  AS  APPLICABLE.  EACH
 FACILITY  SHALL ALSO PROVIDE INFORMATION TO ITS EMPLOYEES AND COLLECTIVE
 BARGAINING REPRESENTATIVES ABOUT HOW TO REPORT  INCIDENTS  OF  WORKPLACE
 VIOLENCE.    EACH  FACILITY  SHALL SHARE THE INCIDENT LOG, APPROPRIATELY
 REDACTED TO PROTECT THE PRIVACY OF  PERSONS  INVOLVED  IN  AN  INCIDENT,
 TRENDS,  AND  ANALYSIS  OF THE DATA WITH THE HOSPITAL SECURITY OR SAFETY
 COMMITTEE RESPONSIBLE FOR WORKPLACE VIOLENCE INCLUDING FRONT-LINE  WORK-
 ERS  AND,  WHERE APPLICABLE, COLLECTIVE BARGAINING AGENTS ON THE COMMIT-
 TEE, AND ENSURE THAT THE DATA IS PART OF THE WORKPLACE VIOLENCE  ASSESS-
 MENT PROCESS.
   6.  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.
   7. 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
 A. 203--A                           3
 
 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, AS DETERMINED BY THE COMMISSIONER, OR ABUSE OF EMER-
 GENCY DEPARTMENT PERSONNEL EVIDENCED BY INTERNAL REPORTING  PURSUANT  TO
 THE  VIOLENCE  PREVENTION  PROGRAM  OR  REPORTS  TO LAW ENFORCEMENT, THE
 COMMISSIONER SHALL WORK WITH SUCH CRITICAL ACCESS HOSPITAL, SOLE  COMMU-
 NITY  HOSPITAL  OR RURAL EMERGENCY HOSPITAL 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.