SF 1071

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 09/01/2015 11:31am

A bill for an act
relating to health; establishing duties for licensed hospitals related to violence
against health care workers; proposing coding for new law in Minnesota Statutes,
chapter 144.

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

Section 1.

new text begin [144.566] VIOLENCE AGAINST HEALTH CARE WORKERS.
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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.
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new text begin (b) "Act of violence" means an act by a patient or visitor against a health care
worker that includes kicking, scratching, urinating, sexually harassing, or any act defined
in sections 609.221 to 609.2241.
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new text begin (c) "Commissioner" means the commissioner of health.
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new text begin (d) "Health care worker" means any person, whether licensed or unlicensed,
employed by, volunteering in, or under contract with a hospital, who has 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) "Incident response" means the actions taken by hospital administration and health
care workers during and following an act of violence.
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new text begin (g) "Interfere" means to prevent, impede, discourage, or delay a health care worker's
ability to report acts of violence, including by retaliating or threatening to retaliate against
a health care worker.
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new text begin (h) "Preparedness" means the actions taken by hospital administration and health
care workers to prevent a single act of violence or acts of violence generally.
new text end

new text begin (i) "Retaliate" 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.
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new text begin Subd. 2. 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 by January 15, 2016, and submit an
annual report to the commissioner by the same date and annually thereafter.
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new text begin (b) A hospital shall establish a committee of representatives of health care workers
employed by the hospital and nonclinical staff to develop preparedness and incident
response action plans to acts of violence. The hospital shall review any recommendations
made by the commissioner and local law enforcement while developing the plans. The
hospital shall, in consultation with the established committee, implement the plans under
paragraph (a).
new text end

new text begin (c) As part of the preparedness and incident response action plans to acts of violence
developed under paragraphs (a) and (b), the hospital shall establish a methodology for
providing assistance, such as security or mental health professional support, when a
patient or visitor appears to be at risk of becoming violent.
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new text begin (d) A hospital shall provide training to all health care workers employed or
contracted with the hospital on safety during acts of violence. Each health care worker
must receive safety training annually and upon hire. Training must, at a minimum, include:
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new text begin (1) safety guidelines for response to and deescalation of an act of violence;
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new text begin (2) ways to identify potentially violent or abusive situations; and
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new text begin (3) the hospital's incident response reaction plan and violence prevention plan.
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new text begin (e) In its annual report to the commissioner required under paragraph (a), the
hospital must submit on a form to be determined by the commissioner:
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new text begin (1) a summary of its preparedness and incident response action plans;
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new text begin (2) a completed gap analysis;
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new text begin (3) the number of acts of violence that occurred in the hospital during the previous
year, including any injuries sustained, if any, and the unit in which the incident occurred;
and
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new text begin (4) a letter from the hospital chief executive certifying that the hospital has
implemented its preparedness and incident response action plans.
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new text begin (f) 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.
new text end

new text begin (g) The commissioner may impose an administrative fine of up to $250 for failure to
submit the report under paragraph (a) by the required date.
new text end