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1 S.122
2 Introduced by Senator Perchlik
3 Referred to Committee on
4 Date:
5 Subject: Health care facilities; employee safety
6 Statement of purpose of bill as introduced: This bill proposes to create a
7 model violence prevention and crisis response policy for health care facilities
8 in Vermont. The bill creates a mechanism for the Department of Health to
9 consult with stakeholders in the creation of the policy and its eventual adoption
10 by health care facilities. Health care facilities would need to abide by certain
11 minimum standards and create a committee and mechanisms to periodically
12 review, update, and improve the facility’s policy.
13 An act relating to creating health care facility safety policies
14 It is hereby enacted by the General Assembly of the State of Vermont:
15 Sec. 1. HEALTH CARE FACILITIES; MODEL SAFETY POLICY
16 (a)(1) On or before July 1, 2025, a health care facility shall conduct a
17 comprehensive security and safety evaluation to identify factors that may cause
18 violence against its employees providing health services on the premises of the
19 health care facility.
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1 (2) The health care facility shall conduct the evaluation using the U.S.
2 Occupational Safety and Health Administration’s Guidelines for Preventing
3 Workplace Violence for Healthcare and Social Service Workers, as amended,
4 or any other state or nationally recognized workplace prevention guidelines
5 designed to reduce violence against employees providing health services.
6 (b)(1) On or before January 1, 2026, each health care facility in this State
7 shall report to the Commissioner of Health as to whether the facility has
8 conducted the evaluation required pursuant to subsection (a) of this section.
9 (2) On or before June 1, 2026, the Department of Health, in consultation
10 with the Department of Public Safety, shall collaborate and create a model
11 health care facility violence prevention and crisis response policy applying to
12 all health care facilities in the State that considers the following:
13 (A) the reports submitted to the Commissioner pursuant to
14 subdivision (1) of this subsection (b);
15 (B) the U.S. Occupational Safety and Health Administration’s
16 Guidelines for Preventing Workplace Violence for Healthcare and Social
17 Service Workers, as amended; and
18 (C) any other state or nationally recognized workplace prevention
19 guidelines designed to reduce violence against employees providing health
20 services.
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1 (3) On or before November 15, 2026, the Department of Health, in
2 consultation with relevant stakeholders, including labor unions representing
3 health care providers, the Vermont Association of Hospitals and Health
4 Systems, the Vermont Medical Society, and the Bi-State Primary Care
5 Association, shall update its model health care facility violence prevention and
6 crisis response policy into one cohesive model policy for health care facilities
7 to establish and maintain as part of the health care facility’s own workplace
8 violence prevention and crisis response policy.
9 Sec. 2. 18 V.S.A. § 9447 is added to read:
10 § 9447. SAFETY POLICIES FOR HEALTH CARE FACILITIES
11 (a)(1) On or before January 1, 2027, each health care facility shall establish
12 and maintain a written workplace violence prevention and crisis response
13 policy that meets or exceeds the requirements of this section in place for the
14 benefit of employees delivering health services.
15 (2) A health care facility shall ensure that any contracts with providers
16 whose employees deliver health services include the requirement that providers
17 establish and maintain a written workplace violence prevention and crisis
18 response policy that meets or exceeds the requirements of this chapter in place
19 for the benefit of employees delivering direct social or mental health services.
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1 (b) A written workplace violence prevention and crisis response policy
2 prepared with input from an employee delivering health services shall, at a
3 minimum, include the following:
4 (1) measures the facility intends to take to respond to an incident of or
5 credible threat of workplace violence against an employee delivering health
6 services;
7 (2) a system for centrally recording all incidents of or credible threats of
8 workplace violence against an employee delivering health services;
9 (3) a training program to educate employees delivering health services
10 about workplace violence and ways to reduce the risks; and
11 (4) the development and maintenance of a violence prevention and crisis
12 response committee that includes employees delivering health services to
13 monitor ongoing compliance with the violence prevention and crisis response
14 policy and to assist employees delivering health services.
15 (c) In preparing the written violence prevention and crisis response policy
16 required by this section, the health care facility shall consult the U.S.
17 Occupational Safety and Health Administration’s Guidelines for Preventing
18 Workplace Violence for Healthcare and Social Service Workers, as amended.
19 (d) A written workplace violence prevention and crisis response policy
20 shall be evaluated annually and updated as necessary by the violence and VT LEG #367659 v.1
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1 prevention response committee and provided to employees delivering health
2 services.
3 (e) Upon the request of an employee or the facility’s violence prevention
4 and crisis response committee, the health care facility shall generate and make
5 available to the requesting party a report summarizing:
6 (1) incident information as required pursuant to subdivision (b)(2) of
7 this section; and
8 (2) information concerning work-related injuries and illnesses recorded
9 by the health care facility to comply with applicable federal and State health
10 and safety record keeping requirements.
11 (f) Any report responding to a request made pursuant to subsection (e) of
12 this section shall not include any personally identifiable information and shall
13 only be used for the purposes of improving the health care facility’s violence
14 prevention and crisis response policy.
15 (g) The requirements of this section shall neither be construed as a waiver
16 of sovereign immunity by health care facilities operated by the State, its
17 subdivisions, or a duly authorized agency of the State nor as creating any
18 private right of action against the State, its subdivisions, or a duly authorized
19 agency of the State for damages resulting from a failure to comply with this
20 section. This section shall not be construed to limit or eliminate any legal
21 remedy available to an employee prior to the enactment of this section.
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1 Sec. 3. EFFECTIVE DATE
2 This act shall take effect on July 1, 2023
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