S T A T E O F N E W Y O R K
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5294--B
Cal. No. 893
2025-2026 Regular Sessions
I N S E N A T E
February 20, 2025
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Introduced by Sens. SEPULVEDA, CLEARE, COMRIE, FAHY, GRIFFO, MATTERA,
ROLISON, C. RYAN, WEBB, WEBER -- read twice and ordered printed, and
when printed to be committed to the Committee on Health -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- again 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
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 TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, EVERY
FACILITY SHALL ESTABLISH A WORKPLACE VIOLENCE PREVENTION PROGRAM. SUCH
PROGRAM IN A GENERAL HOSPITAL SHALL BE CONSISTENT WITH REGULATORY
REQUIREMENTS INCLUDING THE CENTERS FOR MEDICARE AND MEDICAID SERVICES
HOSPITAL CONDITIONS OF PARTICIPATION REGARDING CARING FOR PATIENTS IN A
SAFE SETTING 42 CFR § 482.13(C)(2), AND EMERGENCY PREPAREDNESS 42 CFR §
482.15(A) AND (D)(1), AND THE WORKPLACE VIOLENCE STANDARDS OF ANY
ACCREDITING ORGANIZATION DEEMED 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. THE PURPOSE OF SUCH A PROGRAM SHALL BE TO PROTECT HEALTH
CARE WORKERS, PATIENTS, FACILITY RESIDENTS, AND VISITORS. THE PROGRAM
SHALL, AT A MINIMUM, INCLUDE THE REQUIREMENTS SET FORTH IN THIS SECTION.
3. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, ALL GENERAL
HOSPITALS SHALL CONDUCT, NOT LESS THAN ANNUALLY, A WORKPLACE SAFETY AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00723-07-5
S. 5294--B 2
SECURITY ASSESSMENT AND DEVELOP A SAFETY AND SECURITY PLAN THAT
ADDRESSES IDENTIFIED WORKPLACE VIOLENCE THREATS OR HAZARDS. AS PART OF
THE PLAN, A GENERAL HOSPITAL SHALL ADOPT SECURITY MEASURES AND POLICIES,
INCLUDING PERSONNEL TRAINING POLICIES DESIGNED TO PREVENT OR MINIMIZE
IDENTIFIED WORKPLACE VIOLENCE THREATS OR HAZARDS AND PROTECT EMPLOYEES,
PATIENTS, AND VISITORS FROM AGGRESSIVE OR VIOLENT BEHAVIOR, INCLUDING
BUT NOT LIMITED TO, CREDIBLE THREATS, ASSAULTS, INJURIES, AND DEATHS. IN
CONDUCTING THE ASSESSMENT AND DEVELOPING THE PLAN, GENERAL HOSPITALS
SHALL ENSURE THE ACTIVE INVOLVEMENT OF EMPLOYEES, INCLUDING THE RECOG-
NIZED COLLECTIVE BARGAINING AGENT OR AGENTS, IF ANY, AND MAY DO SO
THROUGH ESTABLISHED GENERAL HOSPITAL SAFETY AND SECURITY COMMITTEES AND
EXISTING LABOR MANAGEMENT COMMITTEES. 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 SAFETY AND SECURITY ASSESSMENT SHALL BE TAILORED TO THE SIZE,
COMPLEXITY, AND LOCAL GEOGRAPHICAL FACTORS AFFECTING THE GENERAL HOSPI-
TAL AND SHALL IDENTIFY AND CONSIDER RELEVANT THREATS AND HAZARDS,
INCLUDING BUT NOT LIMITED TO WORKPLACE VIOLENCE INCIDENT REPORTS AND
INCIDENT LOGS, CONCERNS OR COMPLAINTS RAISED BY EMPLOYEES, PATIENTS,
VISITORS AND RECOGNIZED COLLECTIVE BARGAINING REPRESENTATIVES, SAFETY
AND SECURITY CONSIDERATIONS RELATING TO THE GENERAL HOSPITAL'S LAYOUT
AND ACCESS POINTS, VISITOR MANAGEMENT, AND PROTECTIVE FACTORS SUCH AS
ACCESS CONTROL, ENGINEERING CONTROLS TO LIMIT VIOLENCE OR PROTECT
EMPLOYEES, ALARMS AND COMMUNICATION SYSTEMS, AND OTHER RELEVANT FACTORS,
AS APPROPRIATE TO THE GENERAL HOSPITAL. ADDITIONALLY, THE ASSESSMENT
SHALL CONSIDER THE ADEQUACY OF EMPLOYEE TRAINING POLICIES AND SECURITY
PROCEDURES, INCLUDING THE HANDLING OF DISRUPTIVE OR VIOLENT PATIENTS AND
OTHER PERSONS. HEALTH CARE WORKERS REGULARLY ASSIGNED TO PROVIDE SECURI-
TY IN GENERAL HOSPITAL SETTINGS SHALL BE TRAINED REGARDING THE ROLE OF
SECURITY IN OVERALL HOSPITAL OPERATIONS.
5. BASED ON THE FINDINGS AND ONGOING REVIEW OF THE WORKPLACE VIOLENCE
ASSESSMENT, GENERAL HOSPITALS SHALL IMPLEMENT A WORKPLACE VIOLENCE SAFE-
TY 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 EMPLOYEE TRAINING, INCREASED STAFFING AND SECURITY,
ENGINEERING CONTROLS SUCH AS BARRIERS, LIGHTING, ALARMS AND COMMUNI-
CATION SYSTEMS, SAFETY EQUIPMENT, GENERAL HOSPITAL IMPROVEMENTS OR
MODIFICATIONS, AND OTHER APPROPRIATE MEASURES RELEVANT TO THE GENERAL
HOSPITAL. EACH GENERAL HOSPITAL SHALL PROVIDE A WRITTEN DETAILED SUMMARY
OF THE SAFETY AND SECURITY PLAN TO ITS EMPLOYEES AND COLLECTIVE BARGAIN-
ING REPRESENTATIVES, IF APPLICABLE. EACH GENERAL HOSPITAL SHALL ALSO
PROVIDE INFORMATION TO ITS EMPLOYEES AND COLLECTIVE BARGAINING REPRESEN-
TATIVES, IF APPLICABLE, ABOUT HOW TO REPORT INCIDENTS OF WORKPLACE
VIOLENCE. EACH GENERAL HOSPITAL SHALL SHARE SUMMARIES OF THE INCIDENT
LOG, APPROPRIATELY REDACTED TO PROTECT THE PRIVACY OF PERSONS INVOLVED
IN AN INCIDENT, TRENDS AND ANALYSIS OF RELEVANT DATA WITH THE GENERAL
HOSPITAL SECURITY OR SAFETY COMMITTEE RESPONSIBLE FOR WORKPLACE VIOLENCE
AND ENSURE THAT THE DATA IS PART OF THE WORKPLACE VIOLENCE ASSESSMENT
PROCESS.
6. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, COMPLIANCE BY A
NURSING HOME WITH THE FEDERAL REGULATIONS 42 CFR 483.71(A)(3) AND
(B)(1), AND 42 CFR 483.73(A)(1), GOVERNING NURSING HOMES SHALL SATISFY
S. 5294--B 3
THE REQUIREMENTS OF THIS SECTION FOR SUCH FACILITIES, PROVIDED THAT SUCH
ASSESSMENTS AND PLANS ADDRESS WORKPLACE VIOLENCE THREATS AND HAZARDS.
§ 2. The public health law is amended by adding a new section 2832-a
to read as follows:
§ 2832-A. EMERGENCY DEPARTMENT SECURITY. 1. A GENERAL HOSPITAL 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, SUBJECT TO EMERGENT CIRCUMSTANCE IN ANY HOSPITAL THAT
REQUIRES AN ADJUSTMENT IN PERSONNEL.
2. A GENERAL HOSPITAL 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 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, BY AN AMOUNT TO BE DETERMINED BY THE COMMISSIONER, 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 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, OVER A REASONABLE
PERIOD OF TIME.
§ 3. This act shall take effect on the two hundred eightieth day after
it shall have become a law.
