Bill Text: MI SB0357 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Health: other; violence prevention program; require health facilities and local health departments to establish. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 2468, 2468a, 20195 & 20195a.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Introduced - Dead) 2021-04-15 - Referred To Committee On Health Policy And Human Services [SB0357 Detail]
Download: Michigan-2021-SB0357-Introduced.html
SENATE BILL NO. 357
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 2468, 2468a, 20195, and 20195a.
the people of the state of michigan enact:
Sec. 2468. (1) A local health department shall establish a violence prevention committee. At least 50% of the violence prevention committee members must be employees of the local health department who provide care directly to a patient. The local health department shall ensure that the violence prevention committee establishes, maintains, and annually reviews a written violence prevention plan that includes at least all of the following:
(a) The identification of risk factors contributing to violent acts at the local health department and annual recommendations on how to reduce each risk factor.
(b) An annual violent act risk assessment for the local health department that considers all of the following, as applicable:
(i) The local health department's layout, equipment, access restrictions, and lighting.
(ii) Communication devices used by the local health department, emergency response within the local health department, and the sufficiency of the local health department's security system, including, but not limited to, an alarm system.
(iii) The crime rate in the area surrounding the local health department.
(iv) The impact of staffing at the local health department, including, but not limited to, health professionals and security personnel.
(v) The unique needs and characteristics of the patients or residents served by the local health department.
(vi) A review of each record described in subsection (6).
(c) A procedure for how an employee of the local health department may report a concern or a violent act to the local health department, how the report will be investigated by the local health department, and how the local health department will inform the employee of the result of the investigation and any corrective action that will be taken by the local health department.
(2) A local health department shall annually submit the violence prevention plan developed under subsection (1) to the department.
(3) A local health department shall annually provide violence prevention training to all employees of the local health department and shall provide violence prevention training to a new employee of the local health department within 60 days after the date of hire. The training must include a review of all of the following:
(a) The local health department's policy on workplace violence prevention.
(b) Techniques to deescalate situations and minimize violent acts.
(c) Appropriate responses to aggressive behavior, including, but not limited to, the use of restraining techniques.
(d) Requirements and procedures for reporting a violent act.
(e) The location of a safety device and how to operate the device.
(f) Resources for coping with a violent act.
(g) The rights of employees regarding a violent act and an injury resulting from a violent act.
(4) If an employee of a local health department provides care directly to a patient, the local health department shall only use the employee's first name on his or her identification badge.
(5) A local health department shall post in the local health department at least 1 sign stating that violent acts are not tolerated. The sign must be posted in a conspicuous location that is visible to the public. The local health department shall also include on its admission forms a conspicuous statement indicating that violent acts are not tolerated.
(6) A local health department shall create and maintain a record of a violent act, regardless of whether an injury resulted from the violent act or who reported the violent act to the local health department. A local health department shall retain the record for a minimum of 5 years from the date the violent act is reported to the local health department and shall make the record available to an employee who was the victim of the violent act, the employee's authorized representative, and the department, on request. Except as otherwise prohibited by law, the record must include all of the following:
(a) The date, time, and location of the violent act.
(b) The name and job title of the employee who was the victim of the violent act, unless the employee indicates to the local health department that he or she wishes to keep his or her identity confidential.
(c) The name of the individual who committed the violent act and whether the individual was a patient of the local health department, a visitor of the local health department, or an employee of the local health department.
(d) The nature of the violent act, including whether a weapon was used.
(e) If an injury during the violent act occurred, a description of the injury.
(f) The number of employees and the names of the employees who were in the vicinity when the violent act occurred and their actions in response to the violent act, if any.
(g) The actions taken by the local health department in response to the violent act.
(7) Except as otherwise provided in subsection (8), within 24 hours of receiving a report of a violent act, a local health department shall report the violent act to the department and a local law enforcement agency with jurisdiction over the local health department where the violent act occurred if any of the following are met:
(a) The violent act results in an injury.
(b) The violent act involves the use of a firearm or another dangerous weapon.
(c) The violent act presents an emergent threat to the welfare, health, or safety of employees of the local health department.
(8) A local health department may report a violent act to the department and a local law enforcement agency with jurisdiction over the local health department where the violent act occurred if the violent act was committed by an individual with a disability or disease and the violent act was a clear and direct manifestation of the individual's disability or disease.
(9) A local health department shall not penalize an employee in any manner for reporting a violent act to the local health department or participating in the criminal prosecution of an individual who commits a violent act.
(10) As used in this section, "violent act" means a battery or an assault of an employee of a local health department while the employee is at work.
Sec. 2468a. (1) Beginning January 1, 2022, and annually thereafter, the department shall post a report on its website that includes, but is not limited to, all of the following information for the preceding calendar year:
(a) The total number of violent acts reported to the department under section 2468 and the name of each local health department that filed a report with the department.
(b) If the department conducted an inspection or investigation due to a violent act reported to the department under section 2468, the outcome of the inspection or investigation.
(c) If a local health department violated section 2468, the name of the local health department and the nature of the violation.
(2) The department shall ensure that the report required under this section protects the confidentiality of an employee of a local health department or a patient of a local health department.
(3) As used in this section, "violent act" means that term as defined in section 2468.
Sec. 20195. (1) A health facility or agency shall establish a violence prevention committee. At least 50% of the violence prevention committee members must be employees of the health facility or agency who provide care directly to a patient. The health facility or agency shall ensure that the violence prevention committee establishes, maintains, and annually reviews a written violence prevention plan that includes at least all of the following:
(a) The identification of risk factors contributing to violent acts at the health facility or agency and annual recommendations on how to reduce each risk factor.
(b) An annual violent act risk assessment for the health facility or agency that considers all of the following, as applicable:
(i) The health facility's or agency's layout, equipment, access restrictions, and lighting.
(ii) Communication devices used by the health facility or agency, emergency response within the health facility or agency, and the sufficiency of the health facility's or agency's security system, including, but not limited to, an alarm system.
(iii) The crime rate in the area surrounding the health facility or agency.
(iv) The impact of staffing at the health facility or agency, including, but not limited to, health professionals and security personnel.
(v) The unique needs and characteristics of the patients or residents served by the health facility or agency.
(vi) A review of each record described in subsection (6).
(c) A procedure for how an employee of the health facility or agency may report a concern or a violent act to the health facility or agency, how the report will be investigated by the health facility or agency, and how the health facility or agency will inform the employee of the result of the investigation and any corrective action that will be taken by the health facility or agency.
(2) A health facility or agency shall annually submit the violence prevention plan developed under subsection (1) to the department.
(3) A health facility or agency shall annually provide violence prevention training to all employees of the health facility or agency and shall provide violence prevention training to a new employee of the health facility or agency within 60 days after the date of hire. The training must include a review of all of the following:
(a) The health facility's or agency's policy on workplace violence prevention.
(b) Techniques to deescalate situations and minimize violent acts.
(c) Appropriate responses to aggressive behavior, including, but not limited to, the use of restraining techniques.
(d) Requirements and procedures for reporting a violent act.
(e) The location of a safety device and how to operate the device.
(f) Resources for coping with a violent act.
(g) The rights of employees regarding a violent act and an injury resulting from a violent act.
(4) If an employee of a health facility or agency provides care directly to a patient, the health facility or agency shall only use the employee's first name on his or her identification badge.
(5) A health facility or agency shall post in the health facility or agency at least 1 sign stating that violent acts are not tolerated. The sign must be posted in a conspicuous location that is visible to the public. The health facility or agency shall also include on its admission forms a conspicuous statement indicating that violent acts are not tolerated.
(6) A health facility or agency shall create and maintain a record of a violent act, regardless of whether an injury resulted from the violent act or who reported the violent act to the health facility or agency. A health facility or agency shall retain the record for a minimum of 5 years from the date the violent act is reported to the health facility or agency and shall make the record available to an employee who was the victim of the violent act, the employee's authorized representative, and the department, on request. Except as otherwise prohibited by law, the record must include all of the following:
(a) The date, time, and location of the violent act.
(b) The name and job title of the employee who was the victim of the violent act, unless the employee indicates to the health facility or agency that he or she wishes to keep his or her identity confidential.
(c) The name of the individual who committed the violent act and whether the individual was a patient or resident of the health facility or agency, a visitor of the health facility or agency, or an employee of the health facility or agency.
(d) The nature of the violent act, including whether a weapon was used.
(e) If an injury during the violent act occurred, a description of the injury.
(f) The number of employees and the names of the employees who were in the vicinity when the violent act occurred and their actions in response to the violent act, if any.
(g) The actions taken by the health facility or agency in response to the violent act.
(7) Except as otherwise provided in subsection (8), within 24 hours of receiving a report of a violent act, a health facility or agency shall report the violent act to the department and a local law enforcement agency with jurisdiction over the health facility or agency where the violent act occurred if any of the following are met:
(a) The violent act results in an injury.
(b) The violent act involves the use of a firearm or another dangerous weapon.
(c) The violent act presents an emergent threat to the welfare, health, or safety of employees of the health facility or agency.
(8) A health facility or agency may report a violent act to the department and a local law enforcement agency with jurisdiction over the health facility or agency where the violent act occurred if the violent act was committed by an individual with a disability or disease and the violent act was a clear and direct manifestation of the individual's disability or disease.
(9) A health facility or agency shall not penalize an employee in any manner for reporting a violent act to the health facility or agency or participating in the criminal prosecution of an individual who commits a violent act.
(10) As used in this section, "violent act" means a battery or an assault of an employee of a health facility or agency while the employee is at work.
Sec. 20195a. (1) Beginning January 1, 2022, and annually thereafter, the department shall post a report on its website that includes, but is not limited to, all of the following information for the preceding calendar year:
(a) The total number of violent acts reported to the department under section 20195 and the name of each health facility or agency that filed a report with the department.
(b) If the department conducted an inspection or investigation due to a violent act reported to the department under section 20195, the outcome of the inspection or investigation.
(c) If a health facility or agency violated section 20195, the name of the health facility or agency and the nature of the violation.
(2) The department shall ensure that the report required under this section protects the confidentiality of an employee of a health facility or agency or a patient or resident of a health facility or agency.
(3) As used in this section, "violent act" means that term as defined in section 20195.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
