Today's Law As Amended

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AB-30 Health facilities: security plans.(2011-2012)



SECTION 1.

 Section 1257.7 of the Health and Safety Code, as amended by Section 36 of Chapter 178 of the Statutes of 2010, is amended to read:

1257.7.
 (a) After July 1, 2010, all  All  hospitals licensed pursuant to subdivisions (a), (b), and (f) of Section 1250 shall conduct, not less than annually, a security and safety assessment and, using the assessment, develop, and annually update based on the assessment, a security plan with measures to protect personnel, patients, and visitors from aggressive or violent behavior. The security and safety assessment shall examine trends of aggressive or violent behavior at the facility. These hospitals shall track incidents of aggressive or violent behavior as  behavior, as well as the hospital’s response to those incidents, as  part of the quality assessment and improvement program and for the purposes of developing a security plan to deter and manage further aggressive or violent acts of a similar nature. The plan may shall  include, but shall not be limited to, security considerations relating to all of the following:
(1) Physical layout.
(2) Staffing. Staffing, including staffing patterns and patient classification systems that contribute to the risk of violence or are insufficient to address the risk of violence. 
(3) Security  The adequacy of facility security systems, protocols, and policies, including, but not limited to, security  personnel availability.
(4) Potential security risks associated with specific units or areas within the facility where there is a greater likelihood that a patient or other person may exhibit violent behavior.
(5) Uncontrolled public access to any part of the facility.
(6) Potential security risks related to working late-night or early morning hours.
(7) Employee security in areas surrounding the facility, including, but not limited to, employee parking areas.
(8) The use of a trained response team that can assist employees in violent situations.
(4) (9)  Policy and training related to appropriate responses to violent acts.
(5) (10)  Efforts to cooperate with local law enforcement regarding violent acts in the facility.
(b)  In developing this plan,  the plan, specified in subdivision (a),  the hospital shall consider guidelines or standards on violence in health care facilities issued by the department, the Division of Occupational Safety and Health, and the federal Occupational Safety and Health Administration. As part of the security plan, a hospital shall adopt security policies policies,  including, but not limited to, personnel training policies designed to protect personnel, patients, and visitors from aggressive or violent behavior. In developing the plan and the assessment, the hospital shall consult with affected employees, including the recognized collective bargaining agent or agents, if any, and members of the hospital medical staff organized pursuant to Section 2282 of the Business and Professions Code. This consultation may occur through hospital committees. all of the following: 
(1) Personnel training policies designed to protect personnel, patients, and visitors from aggressive or violent behavior, including education on how to recognize the potential for violence, how and when to seek assistance to prevent or respond to violence, and how to report incidents of violence to the appropriate law enforcement officials.
(2)  A system for responding to incidents and situations involving violence or the risk of violence, including, but not limited to, procedures for rapid response by which an employee is provided with immediate assistance if the threat of violence against that employee appears to be imminent, or if a violent act has occurred or is occurring.
(3) A system for investigating violent incidents and situations involving violence or the risk of violence. When investigating these incidents, the employer shall interview any employee who was involved in the incident or situation.
(4) A system for reporting, monitoring, and recordkeeping of violent incidents and situations involving the risk of violence.
(5) A system for reporting incidents of violence to the department pursuant to subdivision (i).
(6) Modifications to job design, staffing, security, equipment, or facilities as determined necessary to prevent or address violence against hospital employees.
(c) In developing the plan and the assessment, the hospital shall consult with affected employees, including the recognized collective bargaining agent or agents, if any, and members of the hospital medical staff organized pursuant to Section 2282 of the Business and Professions Code. This consultation may occur through hospital committees.
(b) (d)  The individual or members of a hospital committee responsible for developing the security plan shall be familiar with all of the following:
(1) The role of security in hospital operations.
(2) Hospital organization.
(3) Protective measures, including alarms and access control.
(4) The handling of disturbed patients, visitors, and employees.
(5) Identification of aggressive and violent predicting factors.
(6) Hospital safety and emergency preparedness.
(7) The rudiments of documenting and reporting crimes, including, by way of example, not disturbing a crime scene.
(c) (e)  The hospital shall have sufficient personnel to provide security pursuant to the security plan developed pursuant to subdivision (a). Persons regularly assigned to provide security in a hospital setting shall be trained regarding the role of security in hospital operations, including the identification of aggressive and violent predicting factors and management of violent disturbances.
(d) (f)  Any act of assault, as defined in Section 240 of the Penal Code, or battery, as defined in Section 242 of the Penal Code, that results in injury or involves the use of a firearm or other dangerous weapon, against any on-duty hospital personnel shall be reported to the local law enforcement agency within 72 24  hours of the incident. Any other act of assault, as defined in Section 240 of the Penal Code, or battery, as defined in Section 242 of the Penal Code, against any on-duty hospital personnel may be reported to the local law enforcement agency within 72 hours of the incident. No health facility or employee of a health facility who reports a known or suspected instance of assault or battery pursuant to this section shall be civilly or criminally liable for any report required by this section. No health facility or employee of a health facility who reports a known or suspected instance of assault or battery that is authorized, but not required, by this section, shall be civilly or criminally liable for the report authorized by this section unless it can be proven that a false report was made and the health facility or its employee knew that the report was false or was made with reckless disregard of the truth or falsity of the report, and any health facility or employee of a health facility who makes a report known to be false or with reckless disregard of the truth or falsity of the report shall be liable for any damages caused. Any individual knowingly interfering with or obstructing the lawful reporting process shall be guilty of a misdemeanor. “Dangerous weapon,” as used in this section, means any weapon the possession or concealed carrying of which is prohibited by any provision listed in Section 16590 of the Penal Code.
(g) Each hospital shall provide evaluation and treatment for an employee who is injured or is otherwise a victim of a violent incident and shall, upon the request of the employee, provide access to followup counseling to address trauma or distress experienced by the employee, including, but not limited to, individual crisis counseling, support group counseling, peer assistance, and professional referrals.
(h) A hospital shall not prohibit an employee from, or take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(i) (1) A hospital shall report to the department any incident of assault, as defined in Section 240 of the Penal Code, or battery, as defined in Section 242 of the Penal Code, against a hospital employee or patient that is committed by a patient or a person accompanying a patient. This report shall include the date and time of the incident, whether the victim was a hospital employee or a patient, the unit in which the incident occurred, a description of the circumstances surrounding the incident, and the hospital’s response to the incident.
(2) (A) Except as provided in subparagraph (B), a hospital shall report an incident to which paragraph (1) applies to the department within 72 hours.
(B) A hospital shall report to the department within 24 hours any incident to which paragraph (1) applies that results in injury, involves the use of a firearm or other dangerous weapon, or presents an urgent or emergent threat to the welfare, health, or safety of patients, personnel, or visitors.
(j) The department shall make an onsite inspection or investigation within 48 hours, or two business days, whichever is greater, of the receipt of a report from a hospital pursuant to subdivision (i) that indicates an ongoing, urgent, or emergent threat of imminent danger of death or serious bodily harm to patients, personnel, or visitors.
(k) If a hospital fails to report an incident of assault or battery pursuant to subdivision (i), the department may assess a civil penalty against the hospital in an amount not to exceed one hundred dollars ($100) per day for each day that the incident is not reported following the initial 72-hour or 24-hour period, as applicable pursuant to paragraph (2) of subdivision (i).
(l) (1) Beginning on January 1, 2014, and annually thereafter, the department shall report to the relevant fiscal and policy committees of the Legislature information, in a manner that protects patient and employee confidentiality, regarding incidents of violence at hospitals, that includes, but is not limited to, the total number of reports and what specific hospitals filed reports pursuant to subdivision (i), the outcome of any inspection or investigation initiated pursuant to subdivision (j), the amount of any administrative penalty levied against a hospital pursuant to subdivision (k), and recommendations on how to prevent incidents of violence at hospitals.
(2) The requirement for submitting a report imposed pursuant to this subdivision is inoperative on January 1, 2018, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

 Section 1257.8 of the Health and Safety Code is amended to read:

1257.8.
 (a)  All hospital employees regularly assigned to the emergency department shall receive, by July 1, 1995, and thereafter, on a continuing basis as provided for in the security plan developed pursuant to Section 1257.7, security  who provide direct care to patients shall at least annually receive security  education and training relating to the following topics:
(1) General safety measures.
(2) Personal safety measures.
(3) The assault cycle.
(4) Aggression and violence predicting factors.
(5) Obtaining patient history from a patient with violent behavior.
(6) Characteristics of aggressive and violent patients and victims.
(7) Verbal and physical maneuvers to diffuse and avoid violent behavior.
(8) Strategies to avoid physical harm.
(9) Restraining techniques.
(10) Appropriate use of medications as chemical restraints.
(11) Any resources available to employees for coping with incidents of violence, including, by way of example, critical incident stress debriefing or employee assistance programs.
(b) As provided in the security plan developed pursuant to subdivision (a) of  Section 1257.7, members of the medical staff of each hospital and all other practitioners, including, but not limited to, nurse practitioners, physician assistants, and other personnel, who are regularly assigned to the emergency department or other departments identified in the security plan  shall receive the same training as that provided to hospital employees or, at a minimum, training determined to be sufficient pursuant to the security plan.
(c) Temporary personnel shall be oriented as required pursuant to the security plan. This section shall not be construed to preempt state law or regulations generally affecting temporary personnel in hospitals.

SEC. 3.

 Section 6030 of the Penal Code is amended to read:

6030.
 (a) The Board of State and Community Corrections  Corrections Standards Authority  shall establish minimum standards for state and  local correctional facilities. The board shall  standards for state correctional facilities shall be established by January 1, 2007. The authority shall  review those standards biennially and make any appropriate revisions.
(b) The standards shall include, but not be limited to, the following areas:  following:  health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and  local correctional facilities, and personnel training.
(c) The standards shall require that at least one person on duty at the facility is knowledgeable in the area of fire and life safety procedures.
(d) The standards shall also include requirements relating to the acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) The standards shall include requirements for a safety and security plan designed to prevent and protect, from aggression and violence, health care personnel who provide care to persons confined in state and local correctional facilities, including, but not limited to, correctional treatment centers licensed pursuant to subdivision (j) of Section 1250 of the Health and Safety Code. The safety and security plan shall include, but not be limited to, security considerations of all of the following:
(1) Physical layout, including, but not limited to, the physical layout of intake areas.
(2) Security, placement, and storage of equipment, supplies, or other items that may be used in a manner that would pose a risk to the physical safety of health care personnel.
(3) Staffing, including, but not limited to, the adequacy of health care personnel staffing during the processing and intake of detainees.
(4) The adequacy of facility security systems, protocols, and policies, including, but not limited to, the availability of security personnel during the provision of health care services to detainees by health care personnel.
(5) Training for health care personnel, including, but not limited to, education on how to recognize the potential for violence, and how and when to seek assistance to prevent or respond to violence.
(e) (f)  The standards shall require that inmates who are received by the facility while they are pregnant be notified, orally or in writing, of and  are  provided all of the following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and post partum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor.
(3) Information pertaining to childbirth education and infant care.
(4) A dental cleaning while in a state facility.
(f) (g)  The standards shall provide that a woman known to be pregnant or  at no time shall a woman who is in labor be shackled by the wrists, ankles, or both including during transport to a hospital, during delivery, and while  in recovery after delivery shall not be restrained,  giving birth,  except as provided in Section 3407. The board shall develop standards regarding the restraint of pregnant women at the next biennial review of the standards after the enactment of the act amending this subdivision and shall review the individual facility’s compliance with the standards. 5007.7. 
(g) (h)  In establishing minimum standards, the board authority  shall seek the advice of the following:
(1) For health and sanitary conditions:
The State Department of Public Health, physicians, psychiatrists, local public health officials, and other interested persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested persons.
(3) For security, rehabilitation programs, recreation, and treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local juvenile justice commissions, state and local correctional officials, experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training, psychiatrists, experts in criminology and penology, the Department of Corrections and Rehabilitation, state and local correctional officials, and other interested persons.
(5) For female inmates and pregnant inmates in local adult and juvenile facilities:
The California State Sheriffs’ Association and Chief Probation Officers’ Association of California, and other interested persons.
(6) For safety and security plans for health care personnel:
The State Department of Public Health, the Division of Occupational Safety and Health, registered nurses, other relevant health care personnel, and other interested persons.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.