Effective Jan. 1, 2019, the Illinois Health Care Violence Prevention Act (HB4100) includes the requirements summarized below. The full text of the law is referenced at the end.1

Workplace safety:

• Healthcare providers may not discourage healthcare workers from exercising their right to contact law enforcement because of workplace violence. Healthcare workers who contact law enforcement must notify their facility of the action within three days.

• The Whistleblower Act applies to healthcare providers and their employees with respect to actions taken.

• Healthcare providers will display a notice stating that verbal aggression will not be tolerated and physical assault will be reported to law enforcement.

• The provider will offer immediate post-incident services for healthcare workers directly involved in workplace violence incidents caused by patients or visitors, including acute treatment and access to psychological evaluation.

Workplace violence prevention program:

• Healthcare providers shall create a workplace violence prevention program that complies with OSHA guidelines for preventing workplace violence for healthcare and social service workers, as amended or updated by OSHA.

• The program will include management commitment and worker participation, including but not limited to nurses. Other components include worksite analysis and identification of potential hazards, safety training, recordkeeping, and evaluation of the program.

Medical care for committed persons:

• To the greatest extent possible, notify the hospital or medical facility that is treating a committed person prior to the person’s visit. Notify the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient.

• To the greatest extent possible, ensure the transferred committed person is accompanied by the most comprehensive medical records possible.

• Provide at least one guard trained in custodial escort and custody of high-risk committed persons to accompany any committed person. The custodial agency shall attest to such training for escort of high-risk committed persons through training by the Department of Corrections (DOC) or an equivalent program.

• If a committed person receives medical care and treatment at a place other than an institution or facility of the DOC, then the custodial agency shall ensure that the committed person is wearing security restraints. Restraints will not be used on a committed person if medical personnel determine that they impede medical treatment.

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

REFERENCE

  1. Illinois General Assembly. Health Care Violence Prevention Act. Public Act 100-1051 (HB4100) Effective date Jan. 1, 2019. Available at: https://bit.ly/2AoHb2Y.