BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1083
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          ASSEMBLY THIRD READING
          AB 1083 (John A. Perez)
          As Amended May 26, 2009
          Majority vote 

           HEALTH              17-0        APPROPRIATIONS      12-0        
           
           -------------------------------------------------------------------- 
          |Ayes:|Jones, Fletcher, Adams,   |Ayes:|De Leon, Ammiano, Charles    |
          |     |Ammiano, Block, Carter,   |     |Calderon, Davis, Fuentes,    |
          |     |Conway, De La Torre, De   |     |Hall, John A. Perez,         |
          |     |Leon, Hall, Hayashi,      |     |Price, Skinner, Solorio,     |
          |     |Hernandez, Bonnie         |     |Audra Strickland, Torlakson  |
          |     |Lowenthal,                |     |                             |
          |     |Nava, V. Manuel Perez,    |     |                             |
          |     |Salas,                    |     |                             |
          |     |Audra Strickland          |     |                             |
          |     |                          |     |                             |
           -------------------------------------------------------------------- 
           SUMMARY  :  Requires all hospitals to annually conduct a security  
          and safety assessment and, using the assessment, develop and  
          annually update a security plan to protect hospital personnel,  
          patients, and visitors from aggressive or violent behavior.   
          Specifically,  this bill  :  

          1)Requires all hospitals, after July 1, 2010, to annually  
            conduct a security and safety assessment and, using the  
            assessment, develop and annually update a security plan with  
            measures to protect hospital personnel, patients, and visitors  
            from aggressive or violent behavior.

          2)Permits the security plan to include efforts to cooperate with  
            local law enforcement.

          3)Requires hospitals, when developing the plan and assessment,  
            to consult with affected employees, medical staff and their  
            representatives, and upon request, to provide the assessment  
            and plan to any employee, medical staff member or their  
            bargaining agent.

           EXISTING LAW  :

          1)Requires all licensed hospitals to conduct a single security  
            and safety assessment, and using the assessment, develop a  








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            security plan to protect patients, staff, and visitors to the  
            hospital from aggressive or violent behavior.

          2)Specifies that the security and safety assessment examine  
            trends of aggressive/violent behavior and track violent  
            incidents at the facility. 

          3)Directs hospitals to consider applicable guidelines and  
            standards from the Department of Public Health, the Division  
            of Occupational Safety and Health and the federal Occupational  
            Safety and Health Administration.

          4)Requires hospitals to have sufficient personnel to provide  
            security consistent with the security plan and security  
            personnel to be trained in applicable techniques and skills.

          5)Requires hospitals to report any assault or battery against  
            any hospital employee which results in injury to local law  
            enforcement within 72 hours of the incident.

           FISCAL EFFECT  :  The Assembly Appropriations Committee found  
          unknown annual costs, likely less than $50,000 to the University  
          of California medical centers, to annual update their safety  
          assessments and provide employee access to the safety plans.

           COMMENTS  :  This bill is, according to the Service Employees  
          International Union (SEIU), intended to update existing law  
          regarding hospital security planning to better prevent or manage  
          aggressive and violent acts in or near hospitals.  SEIU reports  
          that hospitals now maintain security plans, but that these plans  
          are not consistently updated, and often exclude employee  
          participation.  SEIU states that violence against hospital  
          employees is increasing, and that greater planning and  
          vigilance, as required in this bill, will reduce the risk to  
          hospital staff, patients and visitors.

          Recent data developed by the Bureau of Labor Statistics (BLS)  
          indicates that hospital workers are at elevated risk for  
          violence in the workplace.  The BLS estimates that in a typical  
          year 2,637 nonfatal assaults are made on hospital workers in  
          this country, a rate of 8.3 assaults per 10,000 workers.  This  
          rate is much higher than all other industries which is 2  
          nonfatal assaults per 10,000 workers.  Nurses and aides with  
          direct patient contact are at higher risk for violence as are  








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          emergency response personnel, hospital security officers, and  
          other providers.  A survey of nearly 700 California doctors and  
          nurses by SEIU found that one half of respondents had witnessed  
          violence in their hospital and that one quarter had been  
          targeted in a violent incident.  The National Institute for  
          Occupational Safety recommends participation of employees in  
          development of security plans to reduce violence in health care  
          settings.

           
          Analysis Prepared by  :    John D. Miller / HEALTH / (916)  
          319-2097 


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