405 ILCS 90/ Health Care Workplace Violence Prevention Act. - Illinois Statutes

    (405 ILCS 90/1)
    Sec. 1. Short title. This Act may be cited as the Health Care Workplace Violence Prevention Act.
(Source: P.A. 94‑347, eff. 7‑28‑05.)

    (405 ILCS 90/5)
    Sec. 5. Findings. The General Assembly finds as follows:
        (1) Violence is an escalating problem in many health

care workplaces in this State and across the nation.

(2) The actual incidence of workplace violence in

health care workplaces, in particular, is likely to be greater than documented because of failure to report such incidents or failure to maintain records of incidents that are reported.

(3) Patients, visitors, and health care employees

should be assured a reasonably safe and secure environment in a health care workplace.

(4) Many health care workplaces have undertaken

efforts to ensure that patients, visitors, and employees are safe from violence, but additional personnel training and appropriate safeguards may be needed to prevent workplace violence and minimize the risk and dangers affecting people in connection with the delivery of health care.

(Source: P.A. 94‑347, eff. 7‑28‑05.)

    (405 ILCS 90/10)
    Sec. 10. Definitions. In this Act:
    "Department" means (i) the Department of Human Services, in the case of a health care workplace that is operated or regulated by the Department of Human Services, or (ii) the Department of Public Health, in the case of a health care workplace that is operated or regulated by the Department of Public Health.
    "Director" means the Secretary of Human Services or the Director of Public Health, as appropriate.
    "Employee" means any individual who is employed on a full‑time, part‑time, or contractual basis by a health care workplace.
    "Health care workplace" means a mental health facility or developmental disability facility as defined in the Mental Health and Developmental Disabilities Code, other than a hospital or unit thereof licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act. "Health care workplace" does not include, and shall not be construed to include, any office of a physician licensed to practice medicine in all its branches, an advanced practice nurse, or a physician assistant, regardless of the form of such office.
    "Imminent danger" means a preliminary determination of immediate, threatened, or impending risk of physical injury as determined by the employee.
    "Responsible agency" means the State agency that (i) licenses, certifies, registers, or otherwise regulates or exercises jurisdiction over a health care workplace or a health care workplace's activities or (ii) contracts with a health care workplace for the delivery of health care services.
    "Violence" or "violent act" means any act by a patient or resident that causes or threatens to cause an injury to another person.
(Source: P.A. 94‑347, eff. 7‑28‑05.)

    (405 ILCS 90/15)
    Sec. 15. Workplace violence plan.
    (a) By July 1, 2007 (in the case of a health care workplace participating in the pilot project under Section 35) or July 1, 2008 (in the case of health care workplaces not participating in the pilot project), every health care workplace must adopt and implement a plan to reasonably prevent and protect employees from violence at that setting. The plan must address security considerations related to the following items, as appropriate to the particular workplace, based on the hazards identified in the assessment required under subsection (b):
        (1) The physical attributes of the health care

workplace.

(2) Staffing, including security staffing.         (3) Personnel policies.         (4) First aid and emergency procedures.         (5) The reporting of violent acts.         (6) Employee education and training.     (b) Before adopting the plan required under subsection

(a), a health care workplace must conduct a security and safety assessment to identify existing or potential hazards for violence and determine the appropriate preventive action to be taken. The assessment must include, but need not be limited to, a measure of the frequency of, and an identification of the causes for and consequences of, violent acts at the workplace during at least the preceding 5 years or for the years for which records are available.

(c) In adopting the plan required by subsection (a), a

health care workplace may consider any guidelines on violence in the workplace or in health care workplaces issued by the Department of Public Health, the Department of Human Services, the federal Occupational Safety and Health Administration, Medicare, and health care workplace accrediting organizations.

(d) It is the intent of the General Assembly that any violence protection and prevention plan developed under this Act be appropriate to the setting in which it is to be implemented. To that end, the General Assembly recognizes that not all health care services are provided in a facility or other formal setting. Many health care services are provided in other, less formal settings. The General Assembly finds that it may be inappropriate and impractical for all health care workplaces to address workplace violence in the same manner. When enforcing this Act, the Department shall allow a health care workplace sufficient flexibility in recognition of the unique circumstances in which the health care workplace may deliver services.     (e) Promptly after adopting a plan under subsection (a), a health care workplace must file a copy of its plan with the Department. The Department shall then forward a copy of the plan to the appropriate responsible agency.     (f) A health care workplace must review its plan at least once every 3 years and must report each such review to the Department, together with any changes to the plan adopted by the health care workplace. If a health care workplace does not adopt any changes to its plan in response to such a review, it must report that fact to the Department. A health care workplace must promptly report to the Department all changes to the health care workplace's plan, regardless of whether those changes were adopted in response to a periodic review required under this subsection. The Department shall then forward a copy of the review report and changes, if any, to the appropriate responsible agency.     (g) A health care workplace that is required to submit written documentation of active safety and violence prevention plans to comply with national accreditation standards shall be deemed to be in compliance with subsections (a), (b), (c), and (f) of this Section when the health care workplace forwards a copy of that documentation to the Department. (Source: P.A. 94‑347, eff. 7‑28‑05.)

    (405 ILCS 90/20)
    Sec. 20. Violence prevention training. By July 1, 2006 (in the case of a health care workplace participating in the pilot project under Section 35) or July 1, 2009 (in the case of health care workplaces not participating in the pilot project), and on a regular basis thereafter, as set forth in the plan adopted under Section 15, a health care workplace must provide violence prevention training to all its affected employees as determined by the plan. For temporary employees, training must take into account unique circumstances. A health care workplace also shall provide periodic follow‑up training for its employees as appropriate. The training may vary by the plan and may include, but need not be limited to, classes, videotapes, brochures, verbal training, or other verbal or written training that is determined to be appropriate under the plan. The training must address the following topics, as appropriate to the particular health care workplace and to the duties and responsibilities of the particular employee being trained, based on the hazards identified in the assessment required under Section 15:
        (1) General safety procedures.
        (2) Personal safety procedures.
        (3) The violence escalation cycle.
        (4) Violence‑predicting factors.
        (5) Obtaining patient history from a patient with a

history of violent behavior.

(6) Verbal and physical techniques to de‑escalate and

minimize violent behavior.

(7) Strategies to avoid physical harm.         (8) Restraining techniques, as permitted and governed

by law.

(9) Appropriate use of medications to reduce violent

behavior.

(10) Documenting and reporting incidents of violence.         (11) The process whereby employees affected by a

violent act may debrief or be calmed down and the tension of the situation may be reduced.

(12) Any resources available to employees for coping

with violence.

(13) The workplace violence prevention plan adopted

under Section 15.

(14) The protection of confidentiality in accordance

with the Health Insurance Portability and Accountability Act of 1996 and other related provisions of law.

(Source: P.A. 94‑347, eff. 7‑28‑05.)

    (405 ILCS 90/25)
    Sec. 25. Record of violent acts. Beginning no later than July 1, 2007 (in the case of a health care workplace participating in the pilot project under Section 35) or July 1, 2008 (in the case of health care workplaces not participating in the pilot project), every health care workplace must keep a record of any violent act against an employee, a patient, or a visitor occurring at the workplace. At a minimum, the record must include the following:
        (1) The health care workplace's name and address.
        (2) The date, time, and specific location at the

health care workplace where the violent act occurred.

(3) The name, job title, department or ward

assignment, and staff identification or other identifier of the victim, if the victim was an employee.

(4) A description of the person against whom the

violent act was committed as one of the following:

(A) A patient.             (B) A visitor.             (C) An employee.             (D) Other.         (5) A description of the person committing the

violent act as one of the following:

(A) A patient.             (B) A visitor.             (C) An employee.             (D) Other.         (6) A description of the type of violent act as one

of the following:

(A) A verbal or physical threat that presents

imminent danger.

(B) A physical assault with major soreness, cuts,

or large bruises.

(C) A physical assault with severe lacerations, a

bone fracture, or a head injury.

(D) A physical assault with loss of limb or death.             (E) A violent act requiring employee response, in

the course of which an employee is injured.

(7) An identification of any body part injured.         (8) A description of any weapon used.         (9) The number of employees in the vicinity of the

violent act when it occurred.

(10) A description of actions taken by employees and

the health care workplace in response to the violent act.

(Source: P.A. 94‑347, eff. 7‑28‑05.)

    (405 ILCS 90/30)
    Sec. 30. Assistance in complying with Act. A health care workplace that needs assistance in complying with this Act may contact the federal Department of Labor for assistance. The Illinois departments of Human Services and Public Health shall collaborate with representatives of health care workplaces to develop technical assistance and training seminars on developing and implementing a workplace violence plan as required under Section 15. Those departments shall coordinate their assistance to health care workplaces.
(Source: P.A. 94‑347, eff. 7‑28‑05.)

    (405 ILCS 90/35)
    Sec. 35. Pilot project; task force.
    (a) The Department of Human Services and the Department of Public Health shall initially implement this Act as a 2‑year pilot project in which only the following health care workplaces shall participate:
        (1) The Chester Mental Health Center.
        (2) The Alton Mental Health Center.
        (3) The Douglas Singer Mental Health Center.
        (4) The Andrew McFarland Mental Health Center.
        (5) The Jacksonville Developmental Center.
    Each health care workplace participating in the pilot project shall comply with this Act as provided in this Act.
    (b) The Governor shall convene a 11‑member task force consisting of the following: one member appointed by the President of the Senate; one member appointed by the Minority Leader of the Senate; one member appointed by the Speaker of House of Representatives; one member appointed by the Minority Leader of the House of Representatives; one representative from a statewide association representing licensed registered professional nurses; one licensed registered professional nurse involved in direct patient care, appointed by the Governor; one representative of an organization representing State, county, and municipal employees, appointed by the Governor; one representative of an organization representing public employees, appointed by the Governor; and 3 representatives of the Department of Human Services, with one representative from the Division of Mental Health, one representative from the Division of Developmental Disabilities, and one representative from the Division of Rehabilitation Services of the Department of Human Services. The task force shall submit a report to the Illinois General Assembly by January 1, 2008 that shall (i) evaluate the effectiveness of the health care workplace violence prevention pilot project in the facilities participating in the pilot project and (ii) make recommendations concerning the implementation of workplace violence prevention programs in all health care workplaces.
    (c) The Department of Human Services shall provide all necessary administrative support to the task force.
(Source: P.A. 94‑347, eff. 7‑28‑05; 94‑1012, eff. 7‑7‑06.)

    (405 ILCS 90/40)
    Sec. 40. Rules. The Department shall adopt rules to implement this Act.
(Source: P.A. 94‑347, eff. 7‑28‑05.)

    (405 ILCS 90/900)
    Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 94‑347, eff. 7‑28‑05; text omitted.)

    (405 ILCS 90/905)
    Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 94‑347, eff. 7‑28‑05; text omitted.)

    (405 ILCS 90/910)
    Sec. 910. (Amendatory provisions; text omitted).
(Source: P.A. 94‑347, eff. 7‑28‑05; text omitted.)

    (405 ILCS 90/915)
    Sec. 915. (Amendatory provisions; text omitted).
(Source: P.A. 94‑347, eff. 7‑28‑05; text omitted.)

    (405 ILCS 90/999)
    Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94‑347, eff. 7‑28‑05.)