REPORT TITLE:
Hospitals; Violence


DESCRIPTION:
Requires all hospitals to have security plans.  Contains
criteria.  Requires hospital administrators to report certain
offenses within 72 hours.  (HB1275 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1275
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HOSPITAL VIOLENCE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 323, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§323-    Security and safety assessment; reporting of
 
 5 assaults.  (a)  As used in this section:
 
 6      "Bodily injury" has the same meaning as defined in section
 
 7 707-700.
 
 8      "Dangerous instrument" has the same meaning as defined in
 
 9 section 707-700 but also includes any inherently dangerous
 
10 hospital equipment.
 
11      "Hospital" means a facility licensed as a hospital by the
 
12 department of health, and includes all hospital buildings and
 
13 related structures and areas, including storage facilities,
 
14 parking structures, adjacent grounds, and walkways, that are
 
15 situated on hospital property.
 
16      (b)  Every public or private hospital operating in this
 
17 State shall conduct a security and safety assessment to examine
 
18 trends of aggressive or violent behavior at the hospital.  As
 
19 part of this assessment, each hospital shall track incidents of
 
20 aggressive or violent behavior for the purpose of developing a
 

 
Page 2                                                     1275
                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 security plan to deter and manage future aggressive or violent
 
 2 acts of a similar nature.  Using the assessment, each hospital
 
 3 shall develop a security plan with measures to protect personnel,
 
 4 patients, and visitors from incidents of aggressive or violent
 
 5 behavior.  The security plan shall include security
 
 6 considerations relating to all of the following:
 
 7      (1)  Physical layout;
 
 8      (2)  Staffing;
 
 9      (3)  Security personnel availability;
 
10      (4)  Hospital policies and procedures related to appropriate
 
11           responses to violent acts; and
 
12      (5)  Personnel training designed to protect hospital
 
13           personnel, patients, and visitors from aggressive or
 
14           violent behavior.
 
15      (c)  The chief executive officer of the hospital, under the
 
16 direction of the hospital's board of directors, shall appoint a
 
17 hospital security committee that shall be responsible for
 
18 developing the security plan.  The members of the committee shall
 
19 consist of appropriate hospital personnel and any other person
 
20 contracted by the board for this purpose.  The qualifications of
 
21 the committee members shall be determined by the board, and shall
 
22 include committee members' familiarity with each of the
 
23 following:
 

 
Page 3                                                     1275
                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1      (1)  The role of security in hospital operations;
 
 2      (2)  Hospital organization;
 
 3      (3)  Protective measures, including alarms and access
 
 4           control;
 
 5      (4)  The handling of disturbed patients, visitors, and
 
 6           employees;
 
 7      (5)  Identification of aggression and violence predicting
 
 8           factors;
 
 9      (6)  Hospital safety and emergency preparedness; and
 
10      (7)  The rudiments of documenting and reporting crimes,
 
11           including, by way of example, not disturbing a crime
 
12           scene.
 
13      (d)  In developing the security plan, the hospital shall
 
14 consider any guidelines, requirements, or standards on violence
 
15 in health care facilities issued by:
 
16      (1)  The state or federal occupational safety and health
 
17           administration; and
 
18      (2)  The Joint Commission on Accreditation of Health Care
 
19           Organizations.
 
20 The hospital's board of directors shall review and approve the
 
21 plan upon its completion.
 
22      (e)  The hospital shall provide sufficient personnel to
 
23 provide security according to the security plan.  Persons
 

 
Page 4                                                     1275
                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 regularly assigned to provide security in a hospital setting
 
 2 shall be trained regarding the role of security in hospital
 
 3 operations, including the identification of aggression and
 
 4 violence predicting factors and management of violent
 
 5 disturbances.
 
 6      (f)  A hospital administrator shall report to a local law
 
 7 enforcement agency any offense against a person specified under
 
 8 part II, III, IV, or V of chapter 707, or any attempt to commit
 
 9 such an offense, that:
 
10      (1)  Results in bodily injury or death; or
 
11      (2)  Involves the use of a firearm or other dangerous
 
12           instrument against any on-duty hospital personnel,
 
13           patient, or visitor;
 
14 within seventy-two hours of any such incident.
 
15      (g)  No hospital administrator who reports a known or
 
16 suspected instance of criminal assault pursuant to this section
 
17 shall be civilly liable for any report required by this section.
 
18 Any individual who knowingly interferes with or obstructs the
 
19 lawful reporting process shall be guilty of a misdemeanor."
 
20      SECTION 2.  New statutory material is underscored.
 
21      SECTION 3.  This Act shall take effect upon its approval.