BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2399|
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                                 THIRD READING


          Bill No:  AB 2399
          Author:   Allen (D)
          Amended:  8/21/12 in Senate
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  8-1, 6/20/12
          AYES:  Hernandez, Alquist, Anderson, Blakeslee, De León, 
            DeSaulnier, Rubio, Wolk
          NOES:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/16/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton
           
          ASSEMBLY FLOOR  :  74-0, 5/17/12 - See last page for vote


           SUBJECT  :    Mental health:  state hospitals:  injury and 
          illness prevention 
                      plan

           SOURCE  :     Author


           DIGEST  :    This bill requires each state hospital to update 
          its injury and illness prevention (IIP) plan at least once 
          a year, as specified, establish an IIP committee to 
          recommend updates to the plan, and develop an incident 
          reporting procedure to report patient assaults on employees 
          and provide feedback to the committee.

           ANALYSIS  :    
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          Existing law:

          1. Gives the Department of Mental Health (DMH) jurisdiction 
             over five state hospitals:  Atascadero State Hospital 
             (ASH), Coalinga State Hospital (CSH), Metropolitan State 
             Hospital (MSH), Napa State Hospital (NSH), and Patton 
             State Hospital (PSH).

          2. Requires, under regulations, every California employer 
             to establish, implement, and maintain a written IIP plan 
             to, at a minimum:

             A.    Identify the person or persons responsible for 
                implementing the IIP plan;

             B.    Include a system for ensuring that employees 
                comply with safe and healthy work practices;

             C.    Include a system for communicating with employees 
                in a form readily understandable by all affected 
                employees on matters relating to occupational safety 
                and health, including provisions designed to 
                encourage employees to inform the employer of hazards 
                at the workplace without fear of reprisal;

             D.    Include procedures for identifying and evaluating 
                workplace hazards, including scheduled inspections 
                periodically and after specified events to identify 
                unsafe work practices;

             E.    Include a procedure to investigate occupational 
                injury or occupational illness;

             F.    Include methods and/or procedures for correcting 
                unsafe or unhealthy conditions, work practices, and 
                work procedures in a timely manner based on the 
                severity of the hazard, as specified;

             G.    Provide training and instruction, as specified; 
                and

             H.    Include records of the steps taken to implement 
                and maintain the IIP plan, as specified.

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          This bill:

          1. Requires each state hospital to update its IIP 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. Requires each updated IIP plan to address at a minimum 
             the control of physical access throughout the hospital 
             and grounds, alarm systems, the presence of security 
             personnel, training, buddy systems, communication, and 
             emergency responses.

          3. Requires DMH to submit updated IIP plans to the 
             Legislature every two years.  Makes this provision 
             inoperative four years after the date the first report 
             is due, as specified.

          4. Requires each state hospital to establish an IIP 
             committee comprised of hospital management and employees 
             designated by the hospital's director in consultation 
             with the employee bargaining units.

          5. Requires IIP committees to meet at least four times per 
             year and to provide recommendations to the hospital 
             director for updates to the plan.

          6. Requires each state hospital to develop an incident 
             reporting system that can be used, at a minimum, to 
             report patient assaults on employees and identified 
             risks of patient assaults on employees.

          7. Requires incident reporting systems to be widely 
             accessible to staff and be designed to provide hospital 
             management with immediate notification of reported 
             incidents and identified risks.

          8. Requires hospitals to provide for timely and efficient 
             responses and investigations to incident reports made 
             under the reporting procedures. Requires incident 
             reports to be forwarded to the IIP committees.


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           Background  

           State hospitals under DMH jurisdiction  .  The five state 
          hospitals under DMH's jurisdiction serve different 
          populations and needs.  According to a report on oversight 
          and accountability at state hospitals by the Legislative 
          Analyst's Office (LAO), as of January 2012, ASH treats an 
          all-male, maximum-security, forensic patient population of 
          over 1,000; CSH houses over 900 patients, most of whom are 
          sexually violent predators (SVPs); MSH houses over 400 
          patients that do not have histories of escape, sex crimes, 
          or murder; NSH is a low- to moderate-security hospital of 
          just under 100 patients; and PSH treats approximately 1,500 
          forensic patients and is primarily a forensic hospital.  
          Under the Governor's 2012-13 Budget plan, community mental 
          health functions and related state functions would be 
          eliminated or shifted to other departments, offices, and 
          commissions; since the administration of state hospitals is 
          mainly what would remain, the Governor has proposed to 
          change the department's name from DMH to the Department of 
          State Hospitals, with the intent that this new structure 
          would allow the administration to better focus on the 
          fiscal and programmatic issues unique to state hospitals.

           Challenges faced by state hospitals  .  The LAO report 
          describes three challenges that state hospitals have faced 
          over the past decade.  First, workload for state hospitals 
          has increased due to the commitment and treatment of 
          sexually violent predators.  In 2006, Proposition 83, also 
          known as Jessica's Law, was approved by voters to increase 
          the criminal penalties for sex offenses and strengthen the 
          state's oversight of sex offenders.  Jessica's Law more 
          than doubled the workload related to screening and 
          evaluating sex offenders for a SVP commitment. 

          Second, pursuant to the Civil Rights of Institutionalized 
          Persons Act (CRIPA), the U.S. Department of Justice took a 
          series of actions affecting California's state hospital 
          system.  In 2006, four of the five state hospitals were 
          found to be in violation of CRIPA, and the judgment that 
          followed required these hospitals to implement an 
          Enhancement Plan to fix the problems.  The change in 
          treatment model coupled with the necessary documentation 
          increased the workload for hospital workers.

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          Third, state hospitals have seen a shift in their 
          population, with the forensic population increasing 
          steadily and civil commitments in decline.  For example, 
          according to data supplied by DMH, between 1995 and 2012, 
          forensic commitments increased from 341 to 976 at NSH while 
          civil commitments declined from 444 to 206; over the same 
          period, forensic commitments increased from 2 to 453 at MSH 
          while civil commitments decreased from 547 to 177.

           Workplace safety in state hospitals  .  In 2010, DMH reported 
          that there was an average of 23 incidents of violence per 
          day toward both patients and workers in state hospitals, 
          with almost three staff injuries per day.  Los Angeles 
          Times, New York Times, and other papers recently reported 
          the asphyxiation death of an employee in October 2010 at 
          NSH and the beating of another employee resulting in severe 
          injuries just six week later at the same facility, which 
          have underscored the inherent danger for both patients and 
          staff at the state hospitals. 

          The Division of Occupational Safety and Health (Cal/OSHA), 
          which is charged with protecting the public and workers 
          from safety hazards, investigated the incidents and issued 
          citations for inadequate IIP plans.  According to 
          Cal/OSHA's Web site, in the first NSH incident, factors 
          believed to be involved in the fatality include lack of 
          adequate employee alarm systems on the unit, non-existent 
          alarm systems outside the units, inadequate police presence 
          in the event of assaults, and no enforcement of written 
          policies and procedures by the employer.  In the second 
          incident, serious citations were issued for failure to 
          correct the unsafe work practices of employees escorting 
          individuals with poor violent impulse control without 
          proper protective methods and failure to have an emergency 
          alarm system to provide proper, effective, and timely 
          warning to police and emergency responders when an employee 
          is experiencing an assault by an individual.
          
           State hospital IIP plans  .  According to DMH, each state 
          hospital has its own IIP plan.  While the IIP plans vary, 
          each contains policies regarding a variety of health and 
          safety topics including outlining health and safety 
          policies of each hospital, inspection procedures, disaster 

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          responses, patient interventions, hazard assessment and 
          correction, emergency responses, injury reporting, 
          return-to-work policies, and violence in the workplace.  
          DMH is currently working to revise the IIP plans and has 
          been participating in four workgroups with Cal/OSHA and the 
          unions representing the various staff employees of the 
          state hospitals.  The groups are examining statewide safety 
          assessments, incident, alarms and emergency, and NSH.  DMH 
          anticipates that the workgroups will reach agreement on 
          steps DMH needs to take to meet statutory and regulatory 
          requirements for the prevention of workplace violence at 
          the hospitals.  DMH states that it has been negotiating an 
          agreement that would require DMH to adopt measures based on 
          workgroup recommendations and other discussions between DMH 
          and Cal/OSHA relating to hospital health and safety.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee, unknown, 
          likely minor costs to update plans and report data on 
          incidents (General Fund).

           SUPPORT  :   (Verified  8/21/12)

          California Association of Psychiatric Technicians
          California Psychological Association
          California Statewide Law Enforcement Association
          National Association of Social Workers, California Chapter

           ARGUMENTS IN SUPPORT  :    The California Association of 
          Psychiatric Technicians (CAPT) states that all of 
          California's five state hospitals have been cited with 
          major employee-safety violations, resulting in more than 
          $200,000 in fines and the death of one of CAPT's members; 
          swift action is needed to rectify safety concerns that not 
          only affect CAPT's members and coworkers, but also the 
          patients that depend on them to provide a secure, 
          therapeutic environment.  The California Statewide Law 
          Enforcement Association argues that over the last two 
          decades, the population of the state hospital system has 
          evolved to one consisting almost entirely of forensic 
          patients, resulting in the hospitals becoming much more 
          violent, while procedural and other changes have not kept 

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          up with the changing population. The National Association 
          of Social Workers, California Chapter, asserts that recent 
          incidents have shown that this bill is an important measure 
          for employee and patient health and safety and would ensure 
          up-to-date incident reporting and the safety and wellness 
          of employees and patients.  The California Psychological 
          Association (CPA) adds that this bill is a step in the 
          right direction in providing a better environment for the 
          hundreds of state-employed psychologists in CPA's 
          membership.


           ASSEMBLY FLOOR  :  74-0, 5/17/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, 
            Mitchell, Monning, Morrell, Nestande, Nielsen, Olsen, 
            Pan, V. Manuel Pérez, Portantino, Silva, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            John A. Pérez
          NO VOTE RECORDED:  Fletcher, Bonnie Lowenthal, Norby, 
            Perea, Skinner, Yamada


           ASSEMBLY FLOOR  : 74-0, 05/17/12
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, 
            Mitchell, Monning, Morrell, Nestande, Nielsen, Olsen, 
            Pan, V. Manuel Pérez, Portantino, Silva, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            John A. Pérez

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          NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Norby, Perea, 
            Skinner, Yamada


          CTW:m  8/21/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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