HF 1087

as introduced - 89th Legislature (2015 - 2016) Posted on 02/19/2015 01:47pm

A bill for an act
relating to health; establishing duties for the commissioner of health and licensed
hospitals related to violence against health care workers; establishing a violence
prevention database; providing penalties for hospitals; amending Minnesota
Statutes 2014, section 144.55, subdivision 6; proposing coding for new law in
Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 144.55, subdivision 6, is amended to read:

Subd. 6.

Suspension, revocation, and refusal to renew.

(a) The commissioner
may refuse to grant or renew, or may suspend or revoke, a license on any of the following
grounds:

(1) violation of any of the provisions of sections 144.50 to 144.56 or the rules or
standards issued pursuant thereto, or Minnesota Rules, chapters 4650 and 4675;

(2) permitting, aiding, or abetting the commission of any illegal act in the institution;

(3) conduct or practices detrimental to the welfare of the patient; or

(4) obtaining or attempting to obtain a license by fraud or misrepresentation; deleted text begin or
deleted text end

(5) with respect to hospitals and outpatient surgical centers, if the commissioner
determines that there is a pattern of conduct that one or more physicians who have a
"financial or economic interest," as defined in section 144.6521, subdivision 3, in the
hospital or outpatient surgical center, have not provided the notice and disclosure of the
financial or economic interest required by section 144.6521 new text begin ; or
new text end

new text begin (6) violation of section 144.566, subdivision 4 new text end .

(b) The commissioner shall not renew a license for a boarding care bed in a resident
room with more than four beds.

Sec. 2.

new text begin [144.566] VIOLENCE AGAINST HEALTH CARE WORKERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The following definitions apply to this section and
have the meanings given.
new text end

new text begin (b) "Act of violence or abuse" means an act by a patient against a health care worker
that caused physical harm or fear of physical harm to a health care worker.
new text end

new text begin (c) "Commissioner" means the commissioner of health.
new text end

new text begin (d) "Health care worker" means any person employed by a hospital, whether licensed
or unlicensed, having direct contact with a patient of the hospital for purposes of either
medical care or emergency response to situations potentially involving violence.
new text end

new text begin (e) "Hospital" means any facility licensed as a hospital under section 144.55.
new text end

new text begin (f) "Incidence response" means the actions taken by hospital administration and
health care workers during and following an act of violence or abuse.
new text end

new text begin (g) "Interfere" means to discharge, discipline, threaten, otherwise discriminate
against, or penalize a health care worker regarding the health care worker's compensation,
terms, conditions, location, or privileges of employment.
new text end

new text begin (h) "Threatening visitor" means any person who is not a patient of the hospital that
is acting or speaking in a manner that causes an employee of the hospital or a patient to
believe the visitor may cause harm to a person or property.
new text end

new text begin (i) "Violence prevention database" means the database created by the commissioner
under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner duties. new text end

new text begin (a) The commissioner shall develop an electronic
violence prevention database that allows health care workers to input information
regarding an act of violence or abuse, including, but not limited to:
new text end

new text begin (1) the date, place, and circumstances of an act of violence or abuse;
new text end

new text begin (2) details regarding the incident response to an act of violence or abuse;
new text end

new text begin (3) whether a health care worker had previously requested additional staff or security
for the patient that caused the act of violence or abuse;
new text end

new text begin (4) whether law enforcement was notified; and
new text end

new text begin (5) the extent of any injury to a health care worker.
new text end

new text begin (b) The violence prevention database shall also include a mechanism for a health care
worker to report to the commissioner concerns that the health care worker has regarding:
new text end

new text begin (1) the hospital's preparedness to respond to an act of violence or abuse;
new text end

new text begin (2) the hospital's incident response to a particular act of violence or abuse; or
new text end

new text begin (3) any action the hospital took to interfere with the hospital worker's attempt or act
to contact either law enforcement or the commissioner after an act of violence or abuse.
new text end

new text begin (c) The commissioner shall develop recommendations regarding hospital
preparedness and incident response to acts of violence or abuse and make the
recommendations available to hospitals and health care workers. The commissioner may
adopt preparedness and incident response guidelines to acts of violence or abuse that
hospitals must follow as a condition of licensure.
new text end

new text begin (d) The commissioner shall monitor the violence prevention database to assess the
preparedness and incident response of hospital administration and health care workers
to acts of violence or abuse. The commissioner may use the information gathered from
the violence prevention database to develop either recommendations or guidelines under
paragraph (c). As part of monitoring the database, the commissioner shall assess whether
a hospital has violated a provision under subdivision 4 and impose penalties as allowed
under subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Hospital duties. new text end

new text begin (a) All hospitals must design and implement preparedness
and incident response action plans to acts of violence and abuse by January 1, 2016.
new text end

new text begin (b) A hospital shall establish a committee of representatives of health care workers
employed by the hospital and hospital administration to develop preparedness and
incident response action plans to acts of violence and abuse. The preparedness and
incident response action plans must include providing adequate security personnel to
protect employees, patients, and visitors. The hospital shall review any recommendations
made by the commissioner while developing the plans and, if the commissioner adopts
mandatory guidelines, shall adopt plans that, at a minimum, meet the guidelines required
by the commissioner. The hospital shall, in consultation with the established committee,
implement the plans pursuant to paragraph (a).
new text end

new text begin (c) A hospital shall allow health care workers access to the violence prevention
database during the hospital worker's shift. The hospital shall maintain this access and
ensure that information regarding acts of violence or abuse are being provided to the
commissioner through the violence prevention database.
new text end

new text begin (d) A hospital shall create and implement a procedure that allows a health care
worker to officially request additional staffing to hospital supervisors or administration.
The hospital must keep documentation of all requests made by a health care worker for
additional staffing due to a concern over a risk of an act of violence or abuse. If the request
for additional staffing is denied, the hospital must provide a written reason for the denial
to the health care worker who made the request and keep the written documentation
with the request. The hospital shall make the documentation regarding staffing requests
available to the commissioner upon request by the commissioner for inspection. The
commissioner may use the documentation obtained from a hospital on staffing requests
when determining if the hospital is providing adequate staffing and security to address
acts of violence and may use the documentation as evidence if the commissioner is
implementing a penalty against a hospital pursuant to subdivision 4.
new text end

new text begin (e) A hospital, including any individual, partner, association, or any person or group
of persons acting directly or indirectly in the interest of the hospital, shall not interfere
with or discourage a health care worker if the health care worker wishes to contact law
enforcement or the commissioner regarding an act of violence or abuse. A hospital shall
not interfere with or discourage a health care worker from reporting concerns to the
commissioner pursuant to subdivision 2, paragraph (b).
new text end

new text begin (f) A hospital shall provide training to all health care workers employed or contracted
with the hospital on safety during acts of violence or abuse. Each health care worker must
receive safety training annually and upon hire. Training must, at a minimum, include:
new text end

new text begin (1) safety guidelines for response to an act of violence or abuse;
new text end

new text begin (2) ways to identify potentially violent or abusive situations;
new text end

new text begin (3) the hospital's incident response reaction plan;
new text end

new text begin (4) how to access and use the violence prevention database established by the
commissioner;
new text end

new text begin (5) hospital guidelines on requesting additional staff once a potentially violent or
abusive situation arises;
new text end

new text begin (6) documents explaining a health care worker's right to contact law enforcement or
the commissioner regarding an act of violence or abuse; and
new text end

new text begin (7) documents explaining that the hospital is prohibited from interfering with a
health care worker's right to contact law enforcement or the commissioner regarding an
act of violence or abuse.
new text end

new text begin Subd. 4. new text end

new text begin Penalties. new text end

new text begin A hospital shall be subject to suspension or revocation of its
license if the commissioner determines:
new text end

new text begin (1) that the hospital interfered with a health care worker's ability to report acts of
violence or abuse to law enforcement or the commissioner;
new text end

new text begin (2) that the hospital retaliated against a health care worker for reporting acts of
violence or abuse to law enforcement or the commissioner;
new text end

new text begin (3) that the hospital is not adequately prepared to address acts of violence or abuse; or
new text end

new text begin (4) that the hospital did not adequately address an act of violence or abuse or a health
care worker's request for additional staffing or security.
new text end