BILL NUMBER: AB 1083 CHAPTERED
BILL TEXT
CHAPTER 506
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 17, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN SENATE JUNE 17, 2009
AMENDED IN ASSEMBLY MAY 26, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
INTRODUCED BY Assembly Member John A. Perez
FEBRUARY 27, 2009
An act to amend Section 1257.7 of the Health and Safety Code,
relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1083, John A. Perez. Health facilities: security plans.
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 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 requires the plan to
include specified security considerations.
This bill would require hospitals to annually review and update
the security and safety assessment and plan. The bill would permit
the plan to include security considerations relating to efforts to
cooperate with local law enforcement regarding violent acts in the
facility and would require the hospital to consult with affected
employees, including the recognized collective bargaining agent or
agents, if any, and members of the medical staff. Because this bill
expands the definition of a crime, it would impose a state-mandated
local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1257.7 of the Health and Safety Code is amended
to read:
1257.7. (a) After July 1, 2010, all hospitals licensed pursuant
to subdivisions (a), (b), and (f) of Section 1250 shall conduct, not
less than annually, a security and safety assessment and, using the
assessment, develop, and annually update based on the assessment, a
security plan with measures to protect personnel, patients, and
visitors from aggressive or violent behavior. The security and safety
assessment shall examine trends of aggressive or violent behavior at
the facility. These hospitals shall track incidents of aggressive or
violent behavior as part of the quality assessment and improvement
program and for the purposes of developing a security plan to deter
and manage further aggressive or violent acts of a similar nature.
The plan may include, but shall not be limited to, security
considerations relating to all of the following:
(1) Physical layout.
(2) Staffing.
(3) Security personnel availability.
(4) Policy and training related to appropriate responses to
violent acts.
(5) Efforts to cooperate with local law enforcement regarding
violent acts in the facility.
In developing this plan, the hospital shall consider guidelines or
standards on violence in health care facilities issued by the
department, the Division of Occupational Safety and Health, and the
federal Occupational Safety and Health Administration. As part of the
security plan, a hospital shall adopt security policies including,
but not limited to, personnel training policies designed to protect
personnel, patients, and visitors from aggressive or violent
behavior. In developing the plan and the assessment, the hospital
shall consult with affected employees, including the recognized
collective bargaining agent or agents, if any, and members of the
hospital medical staff organized pursuant to Section 2282 of the
Business and Professions Code. This consultation may occur through
hospital committees.
(b) The individual or members of a hospital committee responsible
for developing the security plan shall be familiar with all of the
following:
(1) The role of security in hospital operations.
(2) Hospital organization.
(3) Protective measures, including alarms and access control.
(4) The handling of disturbed patients, visitors, and employees.
(5) Identification of aggressive and violent predicting factors.
(6) Hospital safety and emergency preparedness.
(7) The rudiments of documenting and reporting crimes, including,
by way of example, not disturbing a crime scene.
(c) The hospital shall have sufficient personnel to provide
security pursuant to the security plan developed pursuant to
subdivision (a). Persons regularly assigned to provide security in a
hospital setting shall be trained regarding the role of security in
hospital operations, including the identification of aggressive and
violent predicting factors and management of violent disturbances.
(d) Any act of assault, as defined in Section 240 of the Penal
Code, or battery, as defined in Section 242 of the Penal Code, that
results in injury or involves the use of a firearm or other dangerous
weapon, against any on-duty hospital personnel shall be reported to
the local law enforcement agency within 72 hours of the incident. Any
other act of assault, as defined in Section 240 of the Penal Code,
or battery, as defined in Section 242 of the Penal Code, against any
on-duty hospital personnel may be reported to the local law
enforcement agency within 72 hours of the incident. No health
facility or employee of a health facility who reports a known or
suspected instance of assault or battery pursuant to this section
shall be civilly or criminally liable for any report required by this
section. No health facility or employee of a health facility who
reports a known or suspected instance of assault or battery that is
authorized, but not required, by this section, shall be civilly or
criminally liable for the report authorized by this section unless it
can be proven that a false report was made and the health facility
or its employee knew that the report was false or was made with
reckless disregard of the truth or falsity of the report, and any
health facility or employee of a health facility who makes a report
known to be false or with reckless disregard of the truth or falsity
of the report shall be liable for any damages caused. Any individual
knowingly interfering with or obstructing the lawful reporting
process shall be guilty of a misdemeanor. "Dangerous weapon," as used
in this section, means any weapon the possession or concealed
carrying of which is prohibited by Section 12020 of the Penal Code.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.