AB 30 - An Act to Amend Sections 1257.7 and 1257.8 of the Health and Safety Code, and to Amend Section 6030 of the Penal Code, Relating to Health Facilities.

An Act to Amend Sections 1257.7 and 1257.8 of the Health and Safety Code, and to Amend Section 6030 of the Penal Code, Relating to Health Facilities.

AB 30 — 2011-2012 Legislature

Summary

Under existing law, the State Department of Public Health licenses and regulates hospitals, as defined. Violation of these provisions is a crime. Existing law requires hospitals, not less than annually, to conduct a security and safety assessment and, using the assessment, develop a security plan with measures to protect personnel, patients, and visitors from aggressive or violent behavior. Existing law provides that the plan may include, but is not limited to, prescribed considerations.

This bill would, instead, require the plan to include these considerations, as well as other considerations prescribed by the bill. It would also require the hospital to adopt specified security policies as part of the plan. The bill would also require the hospital to evaluate and treat an employee who is involved in a violent incident and to provide specified followup care. The bill would prohibit a hospital from prohibiting an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance from local emergency services or law enforcement when a violent incident occurs.

Under existing law, an act of assault that results in injury or… More

Under existing law, the State Department of Public Health licenses and regulates hospitals, as defined. Violation of these provisions is a crime. Existing law requires hospitals, not less than annually, to conduct a security and safety assessment and, using the assessment, develop a security plan with measures to protect personnel, patients, and visitors from aggressive or violent behavior. Existing law provides that the plan may include, but is not limited to, prescribed considerations.

This bill would, instead, require the plan to include these considerations, as well as other considerations prescribed by the bill. It would also require the hospital to adopt specified security policies as part of the plan. The bill would also require the hospital to evaluate and treat an employee who is involved in a violent incident and to provide specified followup care. The bill would prohibit a hospital from prohibiting an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance from local emergency services or law enforcement when a violent incident occurs.

Under existing law, an act of assault that results in injury or involves the use of a firearm or other dangerous weapon against on-duty hospital personnel is required to be reported to law enforcement within 72 hours of the occurrence of the incident.

This bill would, instead, require reporting to law enforcement within 24 hours.

This bill would also require a hospital to report incidents of assault or battery to the department, as specified. This bill would allow the imposition of a civil penalty in an amount not to exceed $100 per day for each day that certain incidents are not reported, as prescribed. The bill would require the department to make an onsite inspection or investigation when it receives a report from a hospital that indicates an ongoing, urgent, or emergent threat of imminent danger of death or serious bodily harm to patient, personnel, or visitors.

The bill would require the department to report to the Legislature, as prescribed, beginning on January 1, 2014, and annually thereafter until January 1, 2018, certain information regarding incidents of violence at hospitals.

Under existing law, all hospital employees who are regularly assigned to the emergency department are required to receive, on a continuing basis as provided by the security plan, specified training.

This bill would require training to be provided annually, and would include in the required training hospital employees who provide direct care to patients.Because this bill expands the definition of a crime, it would impose a state-mandated local program.

Under existing law, the Corrections Standards Authority is required to establish minimum standards for state and local correctional facilities.

This bill would require the standards to include a safety and security plan to protect health care personnel who provide care to persons confined in state and local correctional facilities, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Amend Sections 1257.7 and 1257.8 of the Health and Safety Code, and to Amend Section 6030 of the Penal Code, Relating to Health Facilities.

Author(s)

Mary Hayashi

Co-Authors

• Tom Ammiano
• Jim Beall
• Jared Huffman
• Fiona Ma
• Norma Torres
• Loni Hancock
• Michael Allen
• Mark DeSaulnier

Subjects

• Health facilities: security plans

Major Actions

Introduced	12/06/2010
Referred to Committee
Passed Assembly Committee on Health	3/22/2011

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Health	Do pass and be re-referred to the Committee on Appropriations.	3/22/2011	This motion PASSED the Assembly Committee on Health 13 voted YES 4 voted NO 2 voted present/not voting

	Action	Date	Description
	Introduced	12/06/2010
		12/06/2010	Read first time. To print.
		12/07/2010	From printer. May be heard in committee January 6.
		1/24/2011	Referred to Com. on HEALTH.
		3/14/2011	From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
		3/15/2011	Re-referred to Com. on HEALTH.
select this vote	Vote	3/22/2011	Do pass and be re-referred to the Committee on Appropriations.
		3/23/2011	From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 4.) (March 22). Re-referred to Com. on APPR.
		5/04/2011	In committee: Set, first hearing. Referred to APPR. suspense file.
		5/27/2011	In committee: Set, second hearing. Held under submission.
		2/01/2012	Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.