BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1083
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1083 (John A. Perez)
          As Amended June 17, 2009
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 28, 2009)  |SENATE: |35-0 |(August 17,    |
          |           |     |                |        |     |2009)          |
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          Original Committee Reference:   HEALTH  

           SUMMARY  :  Requires hospital security and safety assessments to  
          be conducted not less than annually, and requires hospital  
          security plans to be updated annually.  Provides that hospital  
          security plans may additionally include efforts to cooperate  
          with local law enforcement regarding violent acts at the  
          facility.  Requires hospitals to consult with affected employees  
          and members of the medical staff in developing their security  
          plans and assessments.

           The Senate amendments  :

          1)Delete the requirement that hospitals must make the security  
            plan and assessment available to any employee or to the  
            recognized bargaining agent of any employee or member of the  
            medical staff.

          2)Permit hospitals to utilize hospital committees for  
            consultation when developing security plans and assessments. 

           EXISTING LAW :

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








                                                                  AB 1083
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            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.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate. 

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

          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 two  
          nonfatal assaults per 10,000 workers.  Nurses and aides with  
          direct patient contact are at higher risk for violence as are  
          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.

           








                                                                 AB 1083
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          Analysis Prepared by  :    Tanya Robinson-Taylor / HEALTH / (916)  
          319-2097 


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