SB1845 101ST GENERAL ASSEMBLY

LRB101 07677 CPF 52725 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1845

Introduced 2/15/2019, by Sen. Jason A. Barickman

SYNOPSIS AS INTRODUCED:

See Index

Amends the Health Care Violence Prevention Act. Removes the term "committed person" and replaces it with "custodial detainee" throughout the Act. Provides that "workplace violence" does not include acts committed by individuals presenting for assessment, evaluation, or treatment for mental health or behavioral health conditions at a retail health care facility, a hospital, or a veterans' home. In provisions prohibiting a health care provider from discouraging a health care worker from exercising his or her right to contact law enforcement or file a report with law enforcement because of workplace violence, provides that such discouragement does not include training programs intended to instruct health care providers on proper practices and procedures applicable to the assessment, evaluation, or treatment of those with mental health or behavioral health conditions. Provides that health care providers that employ a health care worker shall display a notice stating that physical battery (rather than physical assault) will be reported to law enforcement. Specifies actions that are not included in the definition of "Type 2 violence". Provides that if a custodial detainee receives medical care and treatment at a place other than an institution or facility of the Department Corrections or the Department of Juvenile Justice, then the institution or facility shall ensure that the custodial detainee is accompanied by personnel authorized by the commander or chief operating officer of the institution or facility to transport and retain custody of custodial detainees. Effective January 1, 2020.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Health Care Violence Prevention Act is amended by changing Sections 5, 15, 20, 30, and 35 as follows:

(210 ILCS 160/5)

Sec. 5. Definitions. As used in this Act:

"Custodial detainee" "Committed person" means a person who is in the custody of or under the control of a custodial agency, including, but not limited to, a person who is incarcerated, under arrest, detained, or otherwise under the physical control of a custodial agency.

"Custodial agency" means the Illinois Department of Corrections, the Illinois State Police, the sheriff of a county, a county jail, a correctional institution, or any other State agency, municipality, or unit of local government that employs personnel designated as police, peace officers, wardens, corrections officers, or guards or that employs personnel vested by law with the power to place or maintain a person in custody.

"Health care provider" means a retail health care facility, a hospital subject to the Hospital Licensing Act or the University of Illinois Hospital Act, or a veterans home as defined in the Department of Veterans' Affairs Act.

"Health care worker" means nursing assistants and other support personnel, any individual licensed under the laws of this State to provide health services, including but not limited to: dentists licensed under the Illinois Dental Practice Act; dental hygienists licensed under the Illinois Dental Practice Act; nurses and advanced practice registered nurses licensed under the Nurse Practice Act; occupational therapists licensed under the Illinois Occupational Therapy Practice Act; optometrists licensed under the Illinois Optometric Practice Act of 1987; pharmacists licensed under the Pharmacy Practice Act; physical therapists licensed under the Illinois Physical Therapy Act; physicians licensed under the Medical Practice Act of 1987; physician assistants licensed under the Physician Assistant Practice Act of 1987; podiatric physicians licensed under the Podiatric Medical Practice Act of 1987; clinical psychologists licensed under the Clinical Psychologist Licensing Act; clinical social workers licensed under the Clinical Social Work and Social Work Practice Act; speech-language pathologists and audiologists licensed under the Illinois Speech-Language Pathology and Audiology Practice Act; or hearing instrument dispensers licensed under the Hearing Instrument Consumer Protection Act, or any of their successor Acts.

"Nurse" means a person who is licensed to practice nursing under the Nurse Practice Act.

"Retail health care facility" means an institution, place, or building, or any portion thereof, that:

(1) is devoted to the maintenance and operation of a facility for the performance of health care services and is located within a retail store at a specific location;

(2) does not provide surgical services or any form of general anesthesia;

(3) does not provide beds or other accommodations for either the long-term or overnight stay of patients; and

(4) discharges individual patients in an ambulatory condition without danger to the continued well-being of the patients and transfers non-ambulatory patients to hospitals.

"Retail health care facility" does not include hospitals, long-term care facilities, ambulatory treatment centers, blood banks, clinical laboratories, offices of physicians, advanced practice registered nurses, podiatrists, and physician assistants, and pharmacies that provide limited health care services.

"Workplace violence" does not include acts committed by customers, clients, patients, students, inmates, visitors, or other individuals presenting for assessment, evaluation, or treatment for mental health or behavioral health conditions at a retail health care facility, a hospital subject to the Hospital Licensing Act or the University of Illinois Hospital Act, or a veterans home as defined in the Department of Veterans' Affairs Act.

(Source: P.A. 100-1051, eff. 1-1-19.)

(210 ILCS 160/15)

Sec. 15. Workplace safety.

(a) A health care worker who contacts law enforcement or files a report with law enforcement against a patient or individual because of workplace violence shall provide notice to management of the health care provider by which he or she is employed within 3 days after contacting law enforcement or filing the report.

(b) No management of a health care provider may discourage a health care worker from exercising his or her right to contact law enforcement or file a report with law enforcement because of workplace violence. Such discouragement does not include training programs intended to instruct health care providers on proper practices and procedures applicable to the assessment, evaluation, or treatment of those with mental health or behavioral health conditions.

(c) A health care provider that employs a health care worker shall display a notice stating that verbal aggression will not be tolerated and physical battery assault will be reported to law enforcement.

(d) The health care provider shall offer immediate post-incident services for a health care worker directly involved in a workplace violence incident caused by patients or their visitors, including acute treatment and access to psychological evaluation.

(Source: P.A. 100-1051, eff. 1-1-19.)

(210 ILCS 160/20)

Sec. 20. Workplace violence prevention program.

(a) A health care provider shall create a workplace violence prevention program that complies with the Occupational Safety and Health Administration guidelines for preventing workplace violence for health care and social service workers as amended or updated by the Occupational Safety and Health Administration.

(a-5) In addition, the workplace violence prevention program shall include:

(1) the following classifications of workplace violence as one of 4 possible types:

(A) "Type 1 violence" means workplace violence committed by a person who has no legitimate business at the work site and includes violent acts by anyone who enters the workplace with the intent to commit a crime.

(B) "Type 2 violence" means workplace violence directed at employees by customers, clients, patients, students, inmates, visitors, or other individuals accompanying a patient. "Type 2 violence" does not include:

(i) the actions of customers, clients, patients, students, inmates, visitors, or other individuals who have presented for assessment, evaluation, or treatment of a mental health or behavioral health conditions unless clear and convincing evidence exists that indicates that such acts were in no way related to the mental health or behavioral health condition; or

(ii) situations in which medical treatment for a psychiatric condition is the primary presenting issue and patient care would be compromised by transfer to a custodial agency.

(C) "Type 3 violence" means workplace violence against an employee by a present or former employee, supervisor, or manager.

(D) "Type 4 violence" means workplace violence committed in the workplace by someone who does not work there, but has or is known to have had a personal relationship with an employee; .

(2) management commitment and worker participation, including, but not limited to, nurses;

(3) worksite analysis and identification of potential hazards;

(4) hazard prevention and control;

(5) safety and health training with required hours determined by rule; and

(6) recordkeeping and evaluation of the violence prevention program.

(b) The Department of Public Health may by rule adopt additional criteria for workplace violence prevention programs.

(Source: P.A. 100-1051, eff. 1-1-19; revised 10-4-18.)

(210 ILCS 160/30)

Sec. 30. Medical care for custodial detainees committed persons.

(a) If a custodial detainee committed person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, a county, or a municipality, then the institution or facility shall:

(1) to the greatest extent practicable, notify the hospital or medical facility that is treating the custodial detainee committed person prior to the custodial detainee's committed person's visit and notify the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient;

(2) to the greatest extent practicable, ensure the transferred custodial detainee committed person is accompanied by the most comprehensive medical records possible;

(3) ensure that the custodial detainee is accompanied by personnel authorized by the commander or chief operating officer of the institution or facility to transport and retain custody of custodial detainees, or provide at least one guard trained in custodial escort and custody of high-risk custodial detainees committed persons to accompany any custodial detainee committed person. The custodial agency shall attest to such training for custodial escort and custody of high-risk custodial detainees committed persons through: (A) the training of the Department of Corrections or Department of Juvenile Justice; (B) law enforcement training that is substantially equivalent to the training of the Department of Corrections or Department of Juvenile Justice; or (C) the training described in Section 35. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code. Additionally, restraints shall not be used on a custodial detainee committed person if medical personnel determine that the restraints would impede medical treatment; and

(4) ensure that only medical personnel, Department of Corrections, county, or municipality personnel, and visitors on the custodial detainee's committed person's approved institutional visitors list may visit the custodial detainee committed person. Visitation by a person on the custodial detainee's committed person's approved institutional visitors list shall be subject to the rules and procedures of the hospital or medical facility and the Department of Corrections, county, or municipality. In any situation in which a custodial detainee committed person is being visited:

(A) the name of the visitor must be listed per the facility's or institution's documentation;

(B) the visitor shall submit to the search of his or her person or any personal property under his or her control at any time; and

(C) the custodial agency may deny the custodial detainee committed person access to a telephone or limit the number of visitors the custodial detainee committed person may receive for purposes of safety.

If a custodial detainee committed person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, county, or municipality, then the custodial agency shall ensure that the custodial detainee committed person is wearing security restraints in accordance with the custodial agency's rules and procedures if the custodial agency determines that restraints are necessary for the following reasons: (i) to prevent physical harm to the custodial detainee committed person or another person; (ii) because the custodial detainee committed person has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or (iii) there is a well-founded belief that the custodial detainee committed person presents a substantial risk of flight. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code.

The hospital or medical facility may establish protocols for the receipt of custodial detainees committed persons in collaboration with the Department of Corrections, county, or municipality, specifically with regard to potentially violent persons.

(b) If a custodial detainee committed person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the institution or facility shall:

(1) to the greatest extent practicable, notify the hospital or medical facility that is treating the custodial detainee committed person prior to the custodial detainee's committed person's visit, and notify the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient;

(2) to the greatest extent practicable, ensure the transferred custodial detainee committed person is accompanied by the most comprehensive medical records possible;

(3) provide: (A) at least one guard trained in custodial escort and custody of high-risk custodial detainees committed persons to accompany any custodial detainee committed person. The custodial agency shall attest to such training for custodial escort and custody of high-risk custodial detainees committed persons through: (i) the training of the Department of Corrections or Department of Juvenile Justice, (ii) law enforcement training that is substantially equivalent to the training of the Department of Corrections or Department of Juvenile Justice, or (iii) the training described in Section 35; or (B) 2 guards to accompany the custodial detainee committed person at all times during the visit to the hospital or medical facility; or (C) ensure that the custodial detainee is accompanied by personnel authorized by the commander or chief operating officer of the institution or facility to transport and retain custody of custodial detainees; and

(4) ensure that only medical personnel, Department of Juvenile Justice personnel, and visitors on the custodial detainee's committed person's approved institutional visitors list may visit the custodial detainee committed person. Visitation by a person on the custodial detainee's committed person's approved institutional visitors list shall be subject to the rules and procedures of the hospital or medical facility and the Department of Juvenile Justice. In any situation in which a custodial detainee committed person is being visited:

(A) the name of the visitor must be listed per the facility's or institution's documentation;

(B) the visitor shall submit to the search of his or her person or any personal property under his or her control at any time; and

(C) the custodial agency may deny the custodial detainee committed person access to a telephone or limit the number of visitors the custodial detainee committed person may receive for purposes of safety.

If a custodial detainee committed person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the Department of Juvenile Justice shall ensure that the custodial detainee committed person is wearing security restraints on either his or her wrists or ankles in accordance with the rules and procedures of the Department of Juvenile Justice if the Department of Juvenile Justice determines that restraints are necessary for the following reasons: (i) to prevent physical harm to the custodial detainee committed person or another person; (ii) because the custodial detainee committed person has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or (iii) there is a well-founded belief that the custodial detainee committed person presents a substantial risk of flight. Any restraints used on a committed person under this paragraph shall be the least restrictive restraints necessary to prevent flight or physical harm to the custodial detainee committed person or another person. Restraints shall not be used on the custodial detainee committed person as provided in this paragraph if medical personnel determine that the restraints would impede medical treatment. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code.

The hospital or medical facility may establish protocols for the receipt of custodial detainees committed persons in collaboration with the Department of Juvenile Justice, specifically with regard to persons recently exhibiting violence.

(Source: P.A. 100-1051, eff. 1-1-19.)

(210 ILCS 160/35)

Sec. 35. Custodial agency training. The Illinois Law Enforcement Training Standards Board shall establish a curriculum for custodial escort and custody of high-risk custodial detainees committed persons certification, which shall include, but not be limited to, the following:

(1) handcuffing or shackling of a high-risk custodial detainee committed person;

(2) mobile transportation of a custodial detainee committed person with defense from the custodial detainee's committed person's attack;

(3) outside facility threat assessment;

(4) hands-on weapons retention training; and

(5) custodial considerations for a high-risk custodial detainee committed person in outside facilities.

(Source: P.A. 100-1051, eff. 1-1-19.)

Section 99. Effective date. This Act takes effect January 1, 2020.