BILL NUMBER: AB 2399	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 24, 2012

   An act to add Section 4141 to the Welfare and Institutions Code,
relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2399, as amended, Allen. Mental health: state hospitals: injury
and illness prevention plan.
    Existing law provides for state hospitals for the care,
treatment, and education of mentally disordered persons. These
hospitals are under the jurisdiction of the State Department of
Mental Health, which is authorized by existing law to adopt
regulations regarding the conduct and management of these facilities.

   This bill would require the department, in consultation with the
Division of Occupational Safety and Health (Cal-OSHA) and employee
and patient representatives, to develop an injury and illness
prevention plan to ensure the health and safety of both the patient
population and the employees of state hospitals. This bill would
require the plan to be completed and fully implemented no later than
July 1, 2013.  
   This bill would require state hospitals to update their injury and
illness prevention plans at least once every year, as specified, and
would require the department to submit those plans to the
Legislature every 2 years. This bill would require each state
hospital to establish an injury and illness prevention committee,
which would meet at least 4 times a year, to provide recommendations
to the hospital's director on updates to the injury and illness
prevention plan, and would also require each state hospital to
develop an incident reporting system that can be used to, at a
minimum, report patient assaults on employees and report identified
risks of patient assaults on employees. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4141 is added to the  
Welfare and Institutions Code   , to read:  
   4141.  (a) (1) Each state hospital shall update its injury and
illness prevention plan at least once a year to include necessary
safeguards to prevent workplace safety hazards in connection with
workplace violence associated with patient assaults on employees.
   (2) Updated injury and illness prevention plans shall address, but
shall not be limited to, all of the following:
   (A) Control of physical access throughout the hospital and
grounds.
   (B) Alarm systems.
   (C) Presence of security personnel.
   (D) Training.
   (E) Buddy systems.
   (F) Communication.
   (G) Emergency responses.
   (3) (A) The department shall submit the updated injury and illness
prevention plans to the Legislature every two years.
   (B) (i) The requirement for submitting the updated injury and
illness prevention plans imposed pursuant to subparagraph (A) is
inoperative four years after the date the first report is due,
pursuant to Section 10231.5 of the Government Code.
   (ii) Updated injury and illness prevention plans submitted
pursuant to subparagraph (A) shall be submitted in compliance with
Section 9795 of the Government Code.
   (b) Each state hospital shall establish an injury and illness
prevention committee comprised of hospital management and employees
designated by the hospital's director in consultation with the
employee bargaining units. The committee shall be responsible for
providing recommendations to the hospital director for updates to the
injury and illness prevention plan. The committee shall meet at
least four times per year.
   (c) Each state hospital shall develop an incident reporting system
that can be used, at a minimum, to report patient assaults on
employees and report identified risks of patient assaults on
employees. The reporting system shall be widely accessible to staff
and be designed to provide hospital management with immediate
notification of reported incidents and identified risks. The hospital
shall provide for timely and efficient responses and investigations
to incident reports made under the reporting system. Incident reports
shall also be forwarded to the injury and illness prevention
committee established pursuant to subdivision (b).  
  SECTION 1.    Section 4141 is added to the Welfare
and Institutions Code, to read:
   4141.  (a) Consistent with the authority of the department to
operate and maintain state hospitals under its jurisdiction, the
Director of Mental Health shall develop an injury and illness
prevention plan to ensure the health and safety of both the patient
population and the employees of state hospitals. The director shall
develop the plan in consultation with the Division of Occupational
Safety and Health (Cal-OSHA) and employee and patient
representatives.
   (b) The injury and illness prevention plan described in
subdivision (a) shall be completed and fully implemented no later
than July 1, 2013.