HB4100ham001 100TH GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 4/6/2018

10000HB4100ham001 LRB100 13779 XWW 38152 a

AMENDMENT TO HOUSE BILL 4100

AMENDMENT NO. ______. Amend House Bill 4100 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Health Care Violence Prevention Act.

Section 5. Definitions. As used in this Act:

"Health care worker" means a person licensed under the Nurse Practice Act, the Medical Practice Act of 1987, the Pharmacy Practice Act, and the Physician Assistant Practice Act of 1987.

"Nurse" means a person who is licensed to practice nursing under the Nurse Practice Act.

"Retail health care facility" means an institution, place, or building, or any portion thereof, that:

(1) is devoted to the maintenance and operation of a facility for the performance of health care services and is located within a retail store at a specific location;

(2) does not provide surgical services or any form of general anesthesia;

(3) does not provide beds or other accommodations for either the long-term or overnight stay of patients; and

(4) discharges individual patients in an ambulatory condition without danger to the continued well-being of the patients and transfers non-ambulatory patients to hospitals.

"Retail health care facility" does not include hospitals, long-term care facilities, ambulatory treatment centers, blood banks, clinical laboratories, offices of physicians, advanced practice registered nurses, podiatrists, and physician assistants, and pharmacies that provide limited health care services.

Section 10. Application. This Act applies to a retail health care facility, a hospital or facility subject to the Hospital Licensing Act, the University of Illinois Hospital Act, the MC/DD Act, or the ID/DD Community Care Act, and a veterans home as defined in the Department of Veterans Affairs Act.

This Act does not apply to an owner of an institution, place, building, or any portion of the institution, place, or building, who directly or indirectly leases space that is used by the lessee to operate a retail health care facility.

Section 15. Workplace safety.

(a) A nurse that contacts law enforcement or files a complaint against a patient or individual because of workplace violence shall provide notice to management of the retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home in which he or she is employed within 3 days after contacting law enforcement or filing the complaint.

(b) No management of a retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home may discourage a health care worker from exercising his or her right to contact law enforcement or file a complaint because of workplace violence.

(c) A retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home that employs a nurse licensed under the Nurse Practice Act shall display a notice stating that verbal aggression will not be tolerated and physical assault will be prosecuted to the fullest extent of the law.

(d) The retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home shall offer mental health services for a health care worker that is a victim of workplace violence.

Section 20. Workplace violence prevention program.

(a) A retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home shall create a workplace violence prevention program that references Occupational Safety and Health Administration guidelines for preventing workplace violence for health care and social service workers and includes:

(1) the following text: "Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.";

(2) the following classifications of workplace violence as one of 4 possible types:

(A) "Type 1 violence" means workplace violence committed by a person who has no legitimate business at the work site and includes violent acts by anyone who enters the workplace with the intent to commit a crime.

(B) "Type 2 violence" means workplace violence directed at employees by customers, clients, patients, students, inmates, visitors, or other individuals accompanying a patient.

(C) "Type 3 violence" means workplace violence against an employee by a present or former employee, supervisor, or manager.

(D) "Type 4 violence" means workplace violence committed in the workplace by someone who does not work there, but has or is known to have had a personal relationship with an employee.

(3) management commitment and worker participation, including, but not limited to, nurses;

(4) worksite analysis and identification of potential hazards;

(5) hazard prevention and control;

(6) safety and health training with required hours determined by rule; and

(7) recordkeeping and evaluation of the violence prevention program.

The development of a workplace violence prevention program shall include, but not be limited to, the recommendations of the Occupational Safety and Health Administration guidelines for preventing workplace violence for health care and social service workers. The Department of Public Health and the Department of Veterans' Affairs may by rule adopt additional criteria for workplace violence prevention programs.

Section 25. Whistleblower protection.

(a) In this Section, "retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and conditions of employment of any nurse employed by a retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home that is taken in retaliation for the nurse's involvement in a protected activity as set forth in paragraphs (1) through (4) of subsection (b).

(b) A retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home may not take any retaliatory action against a nurse employed by the retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home because the nurse does any of the following:

(1) discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice implemented by or inaction by a retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home that the nurse reasonably believes is in violation of a law, rule, or regulation;

(2) provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home;

(3) files a complaint against a patient or individual for assault that took place while working as a nurse in the retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home; or

(4) assists or participates in a proceeding to enforce the provisions of this Act.

(c) A violation of this Section may be established only upon a finding that (i) the nurse employed by the retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home engaged in conduct described in subsection (b) of this Section, and (ii) this conduct was a contributing factor in the retaliatory action alleged by the nurse. There is no violation of this Section, however, if the retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of that conduct.

(d) The nurse employed by the retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home may be awarded all remedies necessary to make the nurse whole and to prevent future violations of this Section. Remedies imposed by the court may include, but are not limited to, all of the following:

(1) Reinstatement of the nurse to either the same position held before the retaliatory action or to an equivalent position.

(2) Two times the amount of back pay.

(3) Interest on the back pay.

(4) Reinstatement of full fringe benefits and seniority rights.

(5) Payment of reasonable costs and attorney's fees.

(f) Nothing in this Section shall be deemed to diminish the rights, privileges, or remedies of a nurse employed by a retail health care facility, hospital, facility licensed under the MC/DD Act or ID/DD Community Care Act, or veterans home under any other federal or State law, rule, or regulation or under any employment contract.

Section 90. The Department of Veterans Affairs Act is amended by changing Section 2.07 as follows:

(20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)

Sec. 2.07. The Department shall employ and maintain sufficient and qualified staff at the veterans' homes (i) to fill all beds, subject to appropriation, and (ii) to fulfill the requirements of this Act. The Department shall report to the General Assembly, by January 1 and July 1 of each year, the number of staff employed in providing direct patient care at their veterans' homes, the compliance or noncompliance with staffing standards established by the United States Department of Veterans Affairs for such care, and in the event of noncompliance with such standards, the number of staff required for compliance. For purposes of this Section, a nurse who has a license application pending with the State shall not be deemed unqualified by the Department if the nurse is in compliance with Section 50-15 of the Nurse Practice Act.

A veterans home is subject to the Health Care Violence Prevention Act.

(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)

Section 95. The University of Illinois Hospital Act is amended by adding Section 10 as follows:

(110 ILCS 330/10 new)

Sec. 10. Compliance with the Health Care Violence Prevention Act. The University of Illinois Hospital shall comply with the Health Care Violence Prevention Act.

Section 100. The MC/DD Act is amended by adding Section 2-219 as follows:

(210 ILCS 46/2-219 new)

Sec. 2-219. Compliance with the Health Care Violence Prevention Act. A facility licensed under this Act shall comply with the Health Care Violence Prevention Act.

Section 105. The ID/DD Community Care Act is amended by adding Section 2-219 as follows:

(210 ILCS 47/2-219 new)

Sec. 2-219. Compliance with the Health Care Violence Prevention Act. A facility licensed under this Act shall comply with the Health Care Violence Prevention Act.

Section 110. The Hospital Licensing Act is amended by adding Section 9.8 as follows:

(210 ILCS 85/9.8 new)

Sec. 9.8. Compliance with the Health Care Violence Prevention Act. A hospital licensed under this Act shall comply with the Health Care Violence Prevention Act.

Section 115. The Unified Code of Corrections is amended by changing Section 3-6-2 as follows:

(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)

Sec. 3-6-2. Institutions and Facility Administration.

(a) Each institution and facility of the Department shall be administered by a chief administrative officer appointed by the Director. A chief administrative officer shall be responsible for all persons assigned to the institution or facility. The chief administrative officer shall administer the programs of the Department for the custody and treatment of such persons.

(b) The chief administrative officer shall have such assistants as the Department may assign.

(c) The Director or Assistant Director shall have the emergency powers to temporarily transfer individuals without formal procedures to any State, county, municipal or regional correctional or detention institution or facility in the State, subject to the acceptance of such receiving institution or facility, or to designate any reasonably secure place in the State as such an institution or facility and to make transfers thereto. However, transfers made under emergency powers shall be reviewed as soon as practicable under Article 8, and shall be subject to Section 5-905 of the Juvenile Court Act of 1987. This Section shall not apply to transfers to the Department of Human Services which are provided for under Section 3-8-5 or Section 3-10-5.

(d) The Department shall provide educational programs for all committed persons so that all persons have an opportunity to attain the achievement level equivalent to the completion of the twelfth grade in the public school system in this State. Other higher levels of attainment shall be encouraged and professional instruction shall be maintained wherever possible. The Department may establish programs of mandatory education and may establish rules and regulations for the administration of such programs. A person committed to the Department who, during the period of his or her incarceration, participates in an educational program provided by or through the Department and through that program is awarded or earns the number of hours of credit required for the award of an associate, baccalaureate, or higher degree from a community college, college, or university located in Illinois shall reimburse the State, through the Department, for the costs incurred by the State in providing that person during his or her incarceration with the education that qualifies him or her for the award of that degree. The costs for which reimbursement is required under this subsection shall be determined and computed by the Department under rules and regulations that it shall establish for that purpose. However, interest at the rate of 6% per annum shall be charged on the balance of those costs from time to time remaining unpaid, from the date of the person's parole, mandatory supervised release, or release constituting a final termination of his or her commitment to the Department until paid.

(d-5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result. Implementation of this subsection (d-5) is subject to appropriation.

(e) A person committed to the Department who becomes in need of medical or surgical treatment but is incapable of giving consent thereto shall receive such medical or surgical treatment by the chief administrative officer consenting on the person's behalf. Before the chief administrative officer consents, he or she shall obtain the advice of one or more physicians licensed to practice medicine in all its branches in this State. If such physician or physicians advise:

(1) that immediate medical or surgical treatment is required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and

(2) that the person is not capable of giving consent to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment.

(e-5) If a physician providing medical care to a committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.

(f) In the event that the person requires medical care and treatment at a place other than the institution or facility, the person may be removed therefrom under conditions prescribed by the Department. The Department shall require the committed person receiving medical or dental services on a non-emergency basis to pay a $5 co-payment to the Department for each visit for medical or dental services. The amount of each co-payment shall be deducted from the committed person's individual account. A committed person who has a chronic illness, as defined by Department rules and regulations, shall be exempt from the $5 co-payment for treatment of the chronic illness. A committed person shall not be subject to a $5 co-payment for follow-up visits ordered by a physician, who is employed by, or contracts with, the Department. A committed person who is indigent is exempt from the $5 co-payment and is entitled to receive medical or dental services on the same basis as a committed person who is financially able to afford the co-payment. For purposes of this Section only, "indigent" means a committed person who has $20 or less in his or her Inmate Trust Fund at the time of such services and for the 30 days prior to such services. Notwithstanding any other provision in this subsection (f) to the contrary, any person committed to any facility operated by the Department of Juvenile Justice, as set forth in Section 3-2.5-15 of this Code, is exempt from the co-payment requirement for the duration of confinement in those facilities.

(f-5) If a person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, a county, or a municipality, then the institution or facility shall:

(1) to the greatest extent practicable, notify the hospital or medical facility that is treating the person prior to the person's visit, particularly if the person is a potentially violent individual;

(2) to the greatest extent practicable, ensure the transferred person is accompanied by all available medical records;

(3) provide 2 guards to accompany any person determined by a law enforcement agency to be potentially violent or who has been arrested for a violent crime at all times during the visit to the hospital or medical facility; and

(4) prevent anyone, except medical personnel, from visiting the person unless death is imminent. If death is imminent:

(A) the hospital or medical facility shall follow the rules required by the facility or institution for visitation;

(B) the name of the visitor must be listed per the facility's or institution's documentation;

(C) the visitor shall submit to the search of his or her person or any personal property under his or her control at any time;

(D) the visitor and person shall not have access to a telephone; and

(E) only one visitor may be allowed to meet with the person at a time.

If a person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, a county, or a municipality, then the institution or facility shall ensure the person is wearing security restraints on wrists and ankles at all times.

The hospital or medical facility shall establish protocols for the receipt of incarcerated persons, particularly with regard to potentially violent individuals.

(f-10) If a person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the institution or facility shall:

(1) to the greatest extent practicable, notify the hospital or medical facility that is treating the person prior to the person's visit, particularly if the person is a potentially violent individual;

(2) to the greatest extent practicable, ensure the transferred person is accompanied by all available medical records;

(3) to the greatest extent practicable, provide 2 guards to accompany the person at all times during the visit to the hospital or medical facility; and

(4) prevent anyone, except medical personnel, parents, and legal guardians, from visiting the person if death is not imminent. If death is imminent, anyone may visit the person. In any situation in which a person is being visited:

(A) the hospital or medical facility shall follow the rules required by the facility or institution for visitation;

(B) the name of the visitor must be listed per the facility's or institution's documentation;

(C) the visitor shall submit to the search of his or her person or any personal property under his or her control at any time;

(D) the visitor and person shall not have access to a telephone; and

(E) only one visitor may be allowed to meet with the person at a time.

If a person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the institution or facility shall ensure the person is wearing security restraints on wrists and ankles. The decision to restrain a juvenile by wrists and ankles shall be collaboratively made by the medical team and the security personnel, but the medical team shall make the final decision.

The hospital or medical facility shall establish protocols for the receipt of incarcerated persons, particularly with regard to potentially violent individuals.

(g) Any person having sole custody of a child at the time of commitment or any woman giving birth to a child after her commitment, may arrange through the Department of Children and Family Services for suitable placement of the child outside of the Department of Corrections. The Director of the Department of Corrections may determine that there are special reasons why the child should continue in the custody of the mother until the child is 6 years old.

(h) The Department may provide Family Responsibility Services which may consist of, but not be limited to the following:

(1) family advocacy counseling;

(2) parent self-help group;

(3) parenting skills training;

(4) parent and child overnight program;

(5) parent and child reunification counseling, either separately or together, preceding the inmate's release; and

(6) a prerelease reunification staffing involving the family advocate, the inmate and the child's counselor, or both and the inmate.

(i) (Blank).

(j) Any person convicted of a sex offense as defined in the Sex Offender Management Board Act shall be required to receive a sex offender evaluation prior to release into the community from the Department of Corrections. The sex offender evaluation shall be conducted in conformance with the standards and guidelines developed under the Sex Offender Management Board Act and by an evaluator approved by the Board.

(k) Any minor committed to the Department of Juvenile Justice for a sex offense as defined by the Sex Offender Management Board Act shall be required to undergo sex offender treatment by a treatment provider approved by the Board and conducted in conformance with the Sex Offender Management Board Act.

(l) Prior to the release of any inmate committed to a facility of the Department or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information verbally, in writing, by video, or other electronic means, concerning HIV and AIDS. The Department shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (d) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Department may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act. If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The testing provided under this subsection (l) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered.

Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.

(m) The chief administrative officer of each institution or facility of the Department shall make a room in the institution or facility available for addiction recovery services to be provided to committed persons on a voluntary basis. The services shall be provided for one hour once a week at a time specified by the chief administrative officer of the institution or facility if the following conditions are met:

(1) the addiction recovery service contacts the chief administrative officer to arrange the meeting;

(2) the committed person may attend the meeting for addiction recovery services only if the committed person uses pre-existing free time already available to the committed person;

(3) all disciplinary and other rules of the institution or facility remain in effect;

(4) the committed person is not given any additional privileges to attend addiction recovery services;

(5) if the addiction recovery service does not arrange for scheduling a meeting for that week, no addiction recovery services shall be provided to the committed person in the institution or facility for that week;

(6) the number of committed persons who may attend an addiction recovery meeting shall not exceed 40 during any session held at the correctional institution or facility;

(7) a volunteer seeking to provide addiction recovery services under this subsection (m) must submit an application to the Department of Corrections under existing Department rules and the Department must review the application within 60 days after submission of the application to the Department; and

(8) each institution and facility of the Department shall manage the addiction recovery services program according to its own processes and procedures.

For the purposes of this subsection (m), "addiction recovery services" means recovery services for alcoholics and addicts provided by volunteers of recovery support services recognized by the Department of Human Services.

(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; 97-813, eff. 7-13-12.)".