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23LSO-0487
2023
STATE OF WYOMING
23LSO-0487
Numbered
2.0
HOUSE BILL NO. HB0149
Protection of health care workers.
Sponsored by: Representative(s) Zwonitzer, Dn, Chadwick and Clouston and Senator(s) Brennan, Nethercott and Schuler
A BILL
for
AN ACT relating to crimes and offenses; creating the offenses of assault, threat of violence and battery against health care providers; specifying penalties; providing definitions; establishing duties and requirements of health care facilities to address violence against health care providers; making conforming amendments; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 6
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2
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512 and 35
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2
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122 are created to read:
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2
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512.
Assault and threats of violence against health care providers; battery against health care providers; penalties.
(a)
As used in this section:
(i)
"Assault" means an offense under W.S. 6
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2
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501(a);
(ii)
"Battery" means an offense under W.S. 6
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2
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501(b);
(iii)
"Health care provider" means as defined in W.S. 7
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13
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1501(m)(iv);
(iv)
"Threat of violence" means an express or implied threat where the person:
(A)
Threatens to commit an offense involving bodily injury, death or property damage of one thousand dollars ($1,000.00) or more and acts with intent to cause property damage of one thousand dollars ($1,000.00) or more or acts with intent to place another person in fear of imminent bodily injury, serious bodily injury or death; or
(B)
Makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another person.
(b)
A person is guilty of assault against a health care provider if the person:
(i)
Commits an assault against a health care provider;
(ii)
Knows or reasonably should know that the person is a health care provider at the time of the assault; and
(iii)
The health care provider was performing duties within the scope of his authority or employment as a health care provider at the time of the assault.
(c)
A person is guilty of a threat of violence against a health care provider if the person:
(i)
Makes a threat of violence against a health care provider;
(ii)
Knows or reasonably should know that the person is a health care provider at the time of the threat of violence; and
(iii)
The health care provider was performing duties within the scope of his authority or employment as a health care provider at the time of the threat of violence.
(d)
A person is guilty of battery against a health care provider if the person:
(i)
Commits a battery against a health care provider;
(ii)
Knows or reasonably should know that the person is a health care provider at the time of the battery; and
(iii)
The health care provider was performing duties within the scope of his authority or employment as a health care provider at the time of the battery.
(e)
A person who violates subsections (b), (c) or (d) of this section is:
(i)
For a first offense, guilty of a misdemeanor punishable by imprisonment for not less than two (2) days and not more than six (6) months, a fine not to exceed one thousand dollars ($1,000.00), or both;
(ii)
For a second or subsequent offense, guilty of a felony punishable by imprisonment for not less than forty
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five (45) days and not more than three (3) years, a fine not to exceed one thousand dollars ($1,000.00), or both.
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2
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122.
Workplace violence against health care workers; notice; reporting requirements.
(a)
As used in this section:
(i)
"Department" means the department of health;
(ii)
"Health care" means any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition;
(iii)
"Health care institution" means an institution, facility or agency licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business;
(iv)
"Health care provider" means as defined by W.S. 7
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13
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1601(m)(iv);
(v)
"Workplace violence" means violent acts, including battery or assault, against a health care provider who is at work or on duty in the scope of the provider's employment.
(b)
Each health care institution shall display at each of its facilities not less than one (1) sign that states that abuse of or workplace violence against health care providers will not be tolerated and could result in conviction under W.S. 6
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2
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512 or other applicable criminal laws. The department shall provide a downloadable template for health care institutions to use as signs required under this subsection. The signs required under this subsection shall:
(i)
Be posted in a conspicuous location in a publicly accessible area of the health care institution's facilities;
(ii)
Be not less than eighteen (18) inches tall by eighteen (18) inches wide and written in English with letters not less than one (1) square inch in size.
(c)
The department shall develop, publish and maintain on its website information regarding health care workplace violence. The information developed shall include, at a minimum:
(i)
A listing of best practices, toolkits and resource regarding health care workplace violence, including information from the federal occupational safety and health administration and the joint commission on the accreditation of health care organizations;
(ii)
Actions that health care institutions can take and policies that health care institutions can adopt to prevent, respond to, report and mitigate health care workplace violence;
(iii)
A checklist of items for health care institutions to consider when developing a workplace violence prevention plan.
(d)
Each health care institution shall develop and maintain a workplace violence prevention plan that includes, at a minimum:
(i)
Resources for ongoing education on workplace violence, the prevention of workplace violence and responding to incidents of workplace violence with debriefing after each incident of and response to workplace violence;
(ii)
Personnel education and policies requiring each health care provider and employee who provides direct care to patients to, at least annually, receive education and training in a format that provides an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan. Topics covered in the education and training required under this paragraph shall include:
(A)
How to recognize the potential for workplace violence to occur;
(B)
When and how to seek assistance to prevent or respond to workplace violence;
(C)
How to timely report violent incidents to law enforcement;
(D)
Resources available to employees for coping with incidents of workplace violence.
(iii)
A system for responding to and investigating incidents and situations involving workplace violence;
(iv)
A system for regularly, and not less than annually, assessing and improving upon factors that may contribute to or help in preventing workplace violence, including:
(A)
Staffing and staffing patterns that may contribute to, or be insufficient to address, the risk of workplace violence;
(B)
The sufficiency of security systems, including alarms, emergency response systems and the availability of security personnel;
(C)
Job design, equipment and facilities;
(D)
Security risks associated with particular units of the health care institution's facilities, including areas of uncontrolled access, late night or early morning shifts and surrounding areas, including parking areas.
(v)
A requirement that the health care institution maintain and make available to its employees a written safety and security plan;
(vi)
Any other information required by rule of the department.
(e)
Each health care institution shall report to law enforcement and the department or the appropriate licensing authority for the institution each incident of workplace violence that occurs on the health care institution's property. If an incident of workplace violence at a health care institution results in injury, involves the use of a firearm or dangerous weapon or presents an urgent or emergent threat to the welfare, health or safety of health care providers at the health care institution, the health care institution shall report the incident not later than twenty
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four (24) hours after the incident.
(f)
No health care institution shall discharge, discipline or retaliate against any health care provider or employee:
(i)
Who in good faith reports an incident or allegation of workplace violence; or
(ii)
For seeking assistance and intervention from local emergency services or law enforcement when a workplace violence incident occurs.
(g)
The department may take any action authorized in W.S. 35
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2
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905 against a health care institution that violates this section.
Section 2.
W.S. 35
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2
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905(a) by creating a new paragraph (vi) is amended to read:
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905.
Conditions, monitoring or revoking a license.
(a)
The division may place conditions upon a license, install a division approved monitor or manager at the owner's or operator's expense, suspend admissions, or deny, suspend or revoke a license issued under this act if a licensee:
(vi)
Violates any provision of W.S. 35
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122.
Section 3.
The department of health shall promulgate all rules necessary to implement this act.
Section 4
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(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2023
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(b) Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0149