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A BILL TO BE ENTITLED
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AN ACT
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relating to a grant program for and a study on reducing workplace |
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violence against nurses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 105.001, Health and Safety Code, is |
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amended by adding Subdivisions (3), (4), (5), and (6) to read as |
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follows: |
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(3) "Freestanding emergency medical care facility" |
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means a facility licensed under Chapter 254. |
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(4) "Home health agency" means a home and community |
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support services agency licensed under Chapter 142. |
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(5) "Hospital" means a general or special hospital |
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licensed under Chapter 241, a private mental hospital licensed |
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under Chapter 577, or a hospital that is maintained or operated by |
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this state or an agency of this state. |
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(6) "Nursing facility" means an institution licensed |
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under Chapter 242. |
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SECTION 2. Chapter 105, Health and Safety Code, is amended |
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by adding Sections 105.009 and 105.010 to read as follows: |
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Sec. 105.009. STUDY ON WORKPLACE VIOLENCE AGAINST NURSES. |
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(a) To the extent funding is available, the nursing resource |
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section established under Section 105.002 shall conduct a study on |
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workplace violence against nurses in hospitals, freestanding |
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emergency medical care facilities, nursing facilities, and home |
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health agencies. The nursing resource section, in conducting the |
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study, shall: |
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(1) distinguish between verbal and physical violence; |
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(2) determine the practice areas, environments, and |
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settings in which verbal or physical violence is likely to occur; |
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(3) identify practices that prevent or reduce verbal |
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and physical violence against nurses; |
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(4) survey nurses regarding the type and frequency of |
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verbal and physical violence the nurses have experienced in the |
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preceding year and throughout the nurses' careers; and |
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(5) survey hospitals, freestanding emergency medical |
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care facilities, nursing facilities, and home health agencies |
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regarding the occurrence of verbal and physical violence against |
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nurses and specific strategies implemented to prevent verbal and |
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physical violence, including: |
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(A) required reporting of verbal and physical |
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violence; |
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(B) reporting of physical assaults to law |
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enforcement; and |
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(C) implementation of a violence prevention plan |
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and the contents of and personnel covered by the plan. |
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(b) The nursing resource section may contract with an |
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independent researcher to conduct all or part of the study. |
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(c) The nursing advisory committee established by Section |
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104.0155 shall serve as the oversight committee for the study. |
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(d) To the extent possible, the nursing resource section |
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shall cooperate with the department and the Texas Board of Nursing |
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to conduct the study and coordinate the surveys required by this |
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section with surveys required by other provisions of law. |
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(e) Not later than December 1, 2016, the nursing resource |
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section shall complete the study and publish the study findings. |
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(f) The nursing resource section may use money transferred |
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to the department from the Texas Board of Nursing under Section |
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301.155, Occupations Code, to conduct the surveys required by this |
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section. |
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(g) This section expires December 31, 2017. |
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Sec. 105.010. WORKPLACE VIOLENCE PREVENTION GRANT PROGRAM. |
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(a) To the extent funding is available, the nursing resource |
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section established under Section 105.002 shall administer a grant |
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program to fund innovative approaches to reducing verbal and |
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physical violence against nurses in hospitals, freestanding |
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emergency medical care facilities, nursing facilities, and home |
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health agencies. |
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(b) The nursing resource section shall require a grant |
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recipient to submit periodic reports describing the outcome of the |
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activities funded through the grant, including any change in the |
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severity and frequency of verbal and physical violence against |
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nurses. |
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(c) The nursing advisory committee established by Section |
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104.0155 shall serve in an advisory capacity for the grant program. |
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(d) The department shall provide administrative assistance |
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to the nursing resource section in administering the grant program |
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under this section. |
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(e) The executive commissioner shall adopt rules to |
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implement the grant program, including rules governing the |
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submission and approval of grant requests and establishing a |
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reporting procedure for grant recipients. |
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(f) The nursing resource section may use money transferred |
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to the department from the Texas Board of Nursing under Section |
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301.155, Occupations Code, to fund the grants authorized by this |
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section. |
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(g) At least annually, the nursing resource section shall |
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publish a report describing the grants awarded under this section, |
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including the amount of the grant, the purpose of the grant, and the |
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reported outcome of the approach adopted by the grant recipient. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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Sections 105.009 and 105.010, Health and Safety Code, as added by |
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this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |