Public Act 094-0347
Public Act 0347 94TH GENERAL ASSEMBLY
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Public Act 094-0347 |
HB0399 Enrolled |
LRB094 05629 DRJ 36444 b |
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| AN ACT concerning employment.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the Health | Care Workplace Violence Prevention Act. | Section 5. Findings. The General Assembly finds as follows: | (1) Violence is an escalating problem in many health | care workplaces in this State and across the nation. | (2) The actual incidence of workplace violence in | health care workplaces, in particular, is likely to be | greater than documented because of failure to report such | incidents or failure to maintain records of incidents that | are reported. | (3) Patients, visitors, and health care employees | should be assured a reasonably safe and secure environment | in a health care workplace. | (4) Many health care workplaces have undertaken | efforts to ensure that patients, visitors, and employees | are safe from violence, but additional personnel training | and appropriate safeguards may be needed to prevent | workplace violence and minimize the risk and dangers | affecting people in connection with the delivery of health | care.
| Section 10. Definitions. In this Act: | "Department" means (i) the Department of Human Services, in | the case of a health care workplace that is operated or | regulated by the Department of Human Services, or (ii) the | Department of Public Health, in the case of a health care | workplace that is operated or regulated by the Department of | Public Health. | "Director" means the Secretary of Human Services or the |
| Director of Public Health, as appropriate. | "Employee" means any individual who is employed on a | full-time, part-time, or contractual basis by a health care | workplace. | "Health care workplace" means a mental health facility or | developmental disability facility as defined in the Mental | Health and Developmental Disabilities Code, other than a | hospital or unit thereof licensed under the Hospital Licensing | Act or operated under the University of Illinois Hospital Act. | "Health care workplace" does not include, and shall not be | construed to include, any office of a physician licensed to | practice medicine in all its branches, an advanced practice | nurse, or a physician assistant, regardless of the form of such | office. | "Imminent danger" means a preliminary determination of | immediate, threatened, or impending risk of physical injury as | determined by the employee. | "Responsible agency" means the State agency that (i) | licenses, certifies, registers, or otherwise regulates or | exercises jurisdiction over a health care workplace or a health | care workplace's activities or (ii) contracts with a health | care workplace for the delivery of health care services.
| "Violence" or "violent act" means any act by a patient or | resident that causes or threatens to cause an injury to another | person.
| Section 15. Workplace violence plan. | (a) By July 1, 2007 (in the case of a health care workplace | participating in the pilot project under Section 35) or July 1, | 2008 (in the case of health care workplaces not participating | in the pilot project), every health care workplace must adopt | and implement a plan to reasonably prevent and protect | employees from violence at that setting. The plan must address | security considerations related to the following items, as | appropriate to the particular workplace, based on the hazards | identified in the assessment required under subsection (b):
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| (1) The physical attributes of the health care | workplace. | (2) Staffing, including security staffing. | (3) Personnel policies. | (4) First aid and emergency procedures. | (5) The reporting of violent acts. | (6) Employee education and training.
| (b) Before adopting the plan required under subsection (a), | a health care workplace must conduct a security and safety | assessment to identify existing or potential hazards for | violence and determine the appropriate preventive action to be | taken. The assessment must include, but need not be limited to, | a measure of the frequency of, and an identification of the | causes for and consequences of, violent acts at the workplace | during at least the preceding 5 years or for the years for | which records are available.
| (c) In adopting the plan required by subsection (a), a | health care workplace may consider any guidelines on violence | in the workplace or in health care workplaces issued by the | Department of Public Health, the Department of Human Services, | the federal Occupational Safety and Health Administration, | Medicare, and health care workplace accrediting organizations.
| (d) It is the intent of the General Assembly that any | violence protection and prevention plan developed under this | Act be appropriate to the setting in which it is to be | implemented. To that end, the General Assembly recognizes that | not all health care services are provided in a facility or | other formal setting. Many health care services are provided in | other, less formal settings. The General Assembly finds that it | may be inappropriate and impractical for all health care | workplaces to address workplace violence in the same manner. | When enforcing this Act, the Department shall allow a health | care workplace sufficient flexibility in recognition of the | unique circumstances in which the health care workplace may | deliver services. | (e) Promptly after adopting a plan under subsection (a), a |
| health care workplace must file a copy of its plan with the | Department. The Department shall then forward a copy of the | plan to the appropriate responsible agency. | (f) A health care workplace must review its plan at least | once every 3 years and must report each such review to the | Department, together with any changes to the plan adopted by | the health care workplace. If a health care workplace does not | adopt any changes to its plan in response to such a review, it | must report that fact to the Department. A health care | workplace must promptly report to the Department all changes to | the health care workplace's plan, regardless of whether those | changes were adopted in response to a periodic review required | under this subsection. The Department shall then forward a copy | of the review report and changes, if any, to the appropriate | responsible agency. | (g) A health care workplace that is required to submit | written documentation of active safety and violence prevention | plans to comply with national accreditation standards shall be | deemed to be in compliance with subsections (a), (b), (c), and | (f) of this Section when the health care workplace forwards a | copy of that documentation to the Department. | Section 20. Violence prevention training. By July 1, 2006 | (in the case of a health care workplace participating in the | pilot project under Section 35) or July 1, 2009 (in the case of | health care workplaces not participating in the pilot project), | and on a regular basis thereafter, as set forth in the plan | adopted under Section 15, a health care workplace must provide | violence prevention training to all its affected employees as | determined by the plan. For temporary employees, training must | take into account unique circumstances. A health care workplace | also shall provide periodic follow-up training for its | employees as appropriate. The training may vary by the plan and | may include, but need not be limited to, classes, videotapes, | brochures, verbal training, or other verbal or written training | that is determined to be appropriate under the plan. The |
| training must address the following topics, as appropriate to | the particular health care workplace and to the duties and | responsibilities of the particular employee being trained, | based on the hazards identified in the assessment required | under Section 15:
| (1) General safety procedures. | (2) Personal safety procedures. | (3) The violence escalation cycle. | (4) Violence-predicting factors. | (5) Obtaining patient history from a patient with a | history of violent behavior. | (6) Verbal and physical techniques to de-escalate and | minimize violent behavior. | (7) Strategies to avoid physical harm. | (8) Restraining techniques, as permitted and governed | by law. | (9) Appropriate use of medications to reduce violent | behavior. | (10) Documenting and reporting incidents of violence. | (11) The process whereby employees affected by a | violent act may debrief or be calmed down and the tension | of the situation may be reduced. | (12) Any resources available to employees for coping | with violence. | (13) The workplace violence prevention plan adopted | under Section 15.
| (14) The protection of confidentiality in accordance | with the Health Insurance Portability and Accountability | Act of 1996 and other related provisions of law. | Section 25. Record of violent acts. Beginning no later than | July 1, 2007 (in the case of a health care workplace | participating in the pilot project under Section 35) or July 1, | 2008 (in the case of health care workplaces not participating | in the pilot project), every health care workplace must keep a | record of any violent act against an employee, a patient, or a |
| visitor occurring at the workplace. At a minimum, the record | must include the following:
| (1) The health care workplace's name and address. | (2) The date, time, and specific location at the health | care workplace where the violent act occurred. | (3) The name, job title, department or ward assignment, | and staff identification or other identifier of the victim, | if the victim was an employee. | (4) A description of the person against whom the | violent act was committed as one of the following:
| (A) A patient. | (B) A visitor. | (C) An employee. | (D) Other. | (5) A description of the person committing the violent | act as one of the following:
| (A) A patient. | (B) A visitor. | (C) An employee. | (D) Other. | (6) A description of the type of violent act as one of | the following:
| (A) A verbal or physical threat that presents | imminent danger. | (B) A physical assault with major soreness, cuts, | or large bruises. | (C) A physical assault with severe lacerations, a | bone fracture, or a head injury. | (D) A physical assault with loss of limb or death. | (E) A violent act requiring employee response, in | the course of which an employee is injured. | (7) An identification of any body part injured. | (8) A description of any weapon used. | (9) The number of employees in the vicinity of the | violent act when it occurred. | (10) A description of actions taken by employees and |
| the health care workplace in response to the violent act. | Section 30. Assistance in complying with Act. A health care | workplace that needs assistance in complying with this Act may | contact the federal Department of Labor for assistance. The | Illinois departments of Human Services and Public Health shall | collaborate with representatives of health care workplaces to | develop technical assistance and training seminars on | developing and implementing a workplace violence plan as | required under Section 15. Those departments shall coordinate | their assistance to health care workplaces. | Section 35. Pilot project; task force. | (a) The Department of Human Services and the Department of | Public Health shall initially implement this Act as a 2-year | pilot project in which only the following health care | workplaces shall participate: | (1) The Chester Mental Health Center. | (2) The Alton Mental Health Center. | (3) The Douglas Singer Mental Health Center. | (4) The Andrew McFarland Mental Health Center. | (5) The Jacksonville Developmental Center. | Each health care workplace participating in the pilot | project shall comply with this Act as provided in this Act. | (b) The Governor shall convene a 6-member task force | consisting of the following: one member appointed by the | President of the Senate; one member appointed by the Minority | Leader of the Senate; one member appointed by the Speaker of | House of Representatives; one member appointed by the Minority | Leader of the House of Representatives; one representative from | a statewide association representing licensed registered | professional nurses; and one representative from the | Department of Human Services. The task force shall submit a | report to the Illinois General Assembly by January 1, 2008 that | shall (i) evaluate the effectiveness of the health care | workplace violence prevention pilot project in the facilities |
| participating in the pilot project and (ii) make | recommendations concerning the implementation of workplace | violence prevention programs in all health care workplaces. | Section 40. Rules. The Department shall adopt rules to | implement this Act.
| Section 900. The Mental Health and Developmental | Disabilities Administrative Act is amended by adding Section 72 | as follows: | (20 ILCS 1705/72 new) | Sec. 72. Violent acts against employees of facilities under | the Department's jurisdiction. Within 6 months after the | effective date of this amendatory Act of the 94th General | Assembly, the Department shall adopt rules prescribing the | procedures for reporting, investigating, and responding to | violent acts against employees of facilities under the | Department's jurisdiction. As used in this Section, "violent | acts" has the meaning ascribed to that term in the Health Care | Workplace Violence Prevention Act. | Section 905. The Illinois State Auditing Act is amended by | changing Section 3-2 as follows: | (30 ILCS 5/3-2) (from Ch. 15, par. 303-2)
| Sec. 3-2. Mandatory and directed post audits. The Auditor | General
shall conduct a financial audit, a compliance audit, or | other attestation
engagement, as is appropriate to the agency's | operations under generally
accepted
government auditing | standards, of each State agency except the Auditor
General or | his office at least once
during every biennium, except as is | otherwise provided in regulations
adopted under Section 3-8. | The general direction and supervision of the
financial audit | program may be delegated only to an individual who is a
| Certified Public Accountant and a payroll employee of the |
| Office of the
Auditor General. In the conduct of financial | audits, compliance audits, and
other attestation engagements, | the
Auditor General may inquire into and report upon matters | properly within
the scope of a performance audit, provided that
| such inquiry
shall be limited to matters arising during the | ordinary course of the
financial audit.
| In any year the Auditor General shall conduct any special | audits as may
be necessary to form an opinion on the financial | statements of
this State, as
prepared by the Comptroller, and | to certify that this presentation is in
accordance with | generally accepted accounting principles for government.
| Simultaneously with the biennial compliance audit of the
| Department of
Human Services, the
Auditor General shall
conduct | a program audit of each facility under the jurisdiction of that
| Department that is described in Section 4 of the
Mental Health
| and Developmental Disabilities Administrative Act. The program | audit
shall include an examination of the records of each | facility concerning
(i) reports of suspected abuse or neglect | of any patient or resident of the
facility and (ii) reports of | violent acts against facility staff by patients or residents . | The Auditor General shall report the findings of the program
| audit to the Governor and the General Assembly, including | findings
concerning patterns or trends relating to (i) abuse or | neglect of facility
patients and residents or (ii) violent acts | against facility staff by patients or residents . However, for | any year for which the Inspector
General submits a report to | the Governor and General Assembly as required under
Section 6.7 | of the Abused and Neglected Long Term Care Facility Residents
| Reporting Act, the Auditor General need not conduct the program | audit otherwise
required under this paragraph.
| The Auditor General shall conduct a performance
audit of a
| State agency when so directed by the Commission, or by either | house of
the General Assembly, in a resolution identifying the | subject, parties
and scope. Such a directing resolution may:
| (a) require the Auditor General to examine and report | upon specific
management efficiencies or cost |
| effectiveness proposals specified therein;
| (b) in the case of a program audit, set forth specific | program
objectives, responsibilities or duties or may | specify the program
performance standards or program | evaluation standards to be the basis of
the program audit;
| (c) be directed at particular procedures or functions | established by
statute, by administrative regulation or by | precedent; and
| (d) require the Auditor General to examine and report | upon specific
proposals relating to state programs | specified in the resolution.
| The Commission may by resolution clarify, further direct, | or limit
the scope of any audit directed by a resolution of the | House or Senate,
provided that any such action by the | Commission must be consistent with
the terms of the directing | resolution.
| (Source: P.A. 93-630, eff. 12-23-03.)
| Section 910. The Community Living Facilities Licensing Act | is amended by changing Section 11 as follows:
| (210 ILCS 35/11) (from Ch. 111 1/2, par. 4191)
| Sec. 11. Grounds for denial or revocation of a license. The | Department
may deny or begin proceedings to revoke a license if | the applicant or licensee
has been convicted of a felony or 2 | or more misdemeanors involving moral
turpitude, as shown by a | certified copy of the court of conviction; if the
Department | determines after investigation that such person has not been
| sufficiently rehabilitated to warrant the public trust; or upon | other satisfactory
evidence that the moral
character of the | applicant or licensee is not reputable. In addition, the
| Department may deny or begin proceedings to revoke a license at | any time
if the licensee:
| (1) Submits false information either on Department | licensure forms or
during an inspection;
| (2) Refuses to allow an inspection to occur;
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| (3) Violates this Act or rules and regulations promulgated | under this Act;
| (4) Violates the rights of its residents;
| (5) Fails to submit or implement a plan of correction | within the specified
time period ; or
| (6) Fails to submit a workplace violence prevention plan in | compliance with the Health Care Workplace Violence Prevention | Act .
| (Source: P.A. 82-567.)
| Section 915. The Community-Integrated Living Arrangements | Licensure and
Certification Act is amended by changing Section | 6 as follows:
| (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
| Sec. 6. (a) The Department shall deny an application for a | license,
or revoke or refuse to renew the license of a | community mental health or
developmental services agency, or | refuse to issue a license to the holder
of a temporary permit, | if the Department determines that the applicant,
agency or | permit holder has not complied with a provision of this Act, | the
Mental Health and Developmental Disabilities Code, or | applicable Department
rules and regulations. Specific grounds | for denial or revocation of a
license, or refusal to renew a | license or to
issue a license to the holder of a temporary | permit, shall include but not be limited to:
| (1) Submission of false information either on Department | licensure forms
or during an inspection;
| (2) Refusal to allow an inspection to occur;
| (3) Violation of this Act or rules and regulations | promulgated under this Act;
| (4) Violation of the rights of a recipient; or
| (5) Failure to submit or implement a plan of correction | within the
specified time period ; or | (6) Failure to submit a workplace violence prevention plan | in compliance with the Health Care Workplace Violence |
| Prevention Act .
| (b) If the Department determines that the operation of a | community mental health
or developmental services agency or one | or more of the programs or
placements certified by the agency | under this Act jeopardizes the health,
safety or welfare of the | recipients served by the agency, the Department
may immediately | revoke the agency's license and may direct the agency to
| withdraw recipients from any such program or placement.
| (Source: P.A. 85-1250.)
| Section 999. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 7/28/2005
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