Bill Text: CA AB2399 | 2011-2012 | Regular Session | Chaptered

---

Bill Title: Mental health: state hospitals: injury and illness

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-29 - Chaptered by Secretary of State - Chapter 751, Statutes of 2012. [AB2399 Detail]

Download: California-2011-AB2399-Chaptered.html

---

BILL NUMBER: AB 2399	CHAPTERED
	BILL TEXT

	CHAPTER  751
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2012
	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN SENATE  AUGUST 21, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 24, 2012

   An act to add Section 4141 to the Welfare and Institutions Code,
relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2399, Allen. Mental health: state hospitals: injury and illness
prevention plan.
    Existing law provides for state hospitals for the care,
treatment, and education of mentally disordered persons. These
hospitals are under the jurisdiction of the State Department of State
Hospitals, which is authorized by existing law to adopt regulations
regarding the conduct and management of these facilities.
   This bill would require state hospitals to update their injury and
illness prevention plans at least once every year, as specified, and
would require the department to submit those plans to the
Legislature every 2 years. This bill would require each state
hospital to establish an injury and illness prevention committee,
which would meet at least 4 times a year, to provide recommendations
to the hospital's director on updates to the injury and illness
prevention plan, and would also require each state hospital to
develop an incident reporting procedure that can be used to, at a
minimum, develop reports of patient assaults on employees and assist
the hospital in identifying risks of patient assaults on employees.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4141 is added to the Welfare and Institutions
Code, to read:
   4141.  (a) (1) Each state hospital shall update its injury and
illness prevention plan at least once a year to include necessary
safeguards to prevent workplace safety hazards in connection with
workplace violence associated with patient assaults on employees.
   (2) Updated injury and illness prevention plans shall address, but
shall not be limited to, all of the following:
   (A) Control of physical access throughout the hospital and
grounds.
   (B) Alarm systems.
   (C) Presence of security personnel.
   (D) Training.
   (E) Buddy systems.
   (F) Communication.
   (G) Emergency responses.
   (3) (A) The department shall submit the updated injury and illness
prevention plans to the Legislature every two years.
   (B) (i) The requirement for submitting the updated injury and
illness prevention plans imposed pursuant to subparagraph (A) is
inoperative four years after the date the first report is due,
pursuant to Section 10231.5 of the Government Code.
   (ii) Updated injury and illness prevention plans submitted
pursuant to subparagraph (A) shall be submitted in compliance with
Section 9795 of the Government Code.
   (b) Each state hospital shall establish an injury and illness
prevention committee comprised of hospital management and employees
designated by the hospital's director in consultation with the
employee bargaining units. The committee shall be responsible for
providing recommendations to the hospital director for updates to the
injury and illness prevention plan. The committee shall meet at
least four times per year.
   (c) Each state hospital shall develop an incident reporting
procedure that can be used, at a minimum, to develop reports of
patient assaults on employees and assist the hospital in identifying
risks of patient assaults on employees. Data obtained from the
incident reporting procedures shall be accessible to staff . The
incident reporting procedure shall be designed to provide hospital
management with immediate notification of reported incidents. The
hospital shall provide for timely and efficient responses and
investigations to incident reports made under the incident reporting
procedure. Incident reports shall also be forwarded to the injury and
illness prevention committee established pursuant to subdivision
(b).