Public Act 094-0347
Public Act 0347 94TH GENERAL ASSEMBLY
|Public Act 094-0347
||LRB094 05629 DRJ 36444 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Care Workplace Violence Prevention Act.
The General Assembly finds as follows:
(1) Violence is an escalating problem in many health
care workplaces in this State and across the nation.
(2) The actual incidence of workplace violence in
health care workplaces, in particular, is likely to be
greater than documented because of failure to report such
incidents or failure to maintain records of incidents that
(3) Patients, visitors, and health care employees
should be assured a reasonably safe and secure environment
in a health care workplace.
(4) Many health care workplaces have undertaken
efforts to ensure that patients, visitors, and employees
are safe from violence, but additional personnel training
and appropriate safeguards may be needed to prevent
workplace violence and minimize the risk and dangers
affecting people in connection with the delivery of health
In this Act:
"Department" means (i) the Department of Human Services, in
the case of a health care workplace that is operated or
regulated by the Department of Human Services, or (ii) the
Department of Public Health, in the case of a health care
workplace that is operated or regulated by the Department of
"Director" means the Secretary of Human Services or the
Director of Public Health, as appropriate.
"Employee" means any individual who is employed on a
full-time, part-time, or contractual basis by a health care
"Health care workplace" means a mental health facility or
developmental disability facility as defined in the Mental
Health and Developmental Disabilities Code, other than a
hospital or unit thereof licensed under the Hospital Licensing
Act or operated under the University of Illinois Hospital Act.
"Health care workplace" does not include, and shall not be
construed to include, any office of a physician licensed to
practice medicine in all its branches, an advanced practice
nurse, or a physician assistant, regardless of the form of such
"Imminent danger" means a preliminary determination of
immediate, threatened, or impending risk of physical injury as
determined by the employee.
"Responsible agency" means the State agency that (i)
licenses, certifies, registers, or otherwise regulates or
exercises jurisdiction over a health care workplace or a health
care workplace's activities or (ii) contracts with a health
care workplace for the delivery of health care services.
"Violence" or "violent act" means any act by a patient or
resident that causes or threatens to cause an injury to another
Workplace violence plan.
(a) By July 1, 2007 (in the case of a health care workplace
participating in the pilot project under Section 35) or July 1,
2008 (in the case of health care workplaces not participating
in the pilot project), every health care workplace must adopt
and implement a plan to reasonably prevent and protect
employees from violence at that setting. The plan must address
security considerations related to the following items, as
appropriate to the particular workplace, based on the hazards
identified in the assessment required under subsection (b):
(1) The physical attributes of the health care
(2) Staffing, including security staffing.
(3) Personnel policies.
(4) First aid and emergency procedures.
(5) The reporting of violent acts.
(6) Employee education and training.
(b) Before adopting the plan required under subsection (a),
a health care workplace must conduct a security and safety
assessment to identify existing or potential hazards for
violence and determine the appropriate preventive action to be
taken. The assessment must include, but need not be limited to,
a measure of the frequency of, and an identification of the
causes for and consequences of, violent acts at the workplace
during at least the preceding 5 years or for the years for
which records are available.
(c) In adopting the plan required by subsection (a), a
health care workplace may consider any guidelines on violence
in the workplace or in health care workplaces issued by the
Department of Public Health, the Department of Human Services,
the federal Occupational Safety and Health Administration,
Medicare, and health care workplace accrediting organizations.
(d) It is the intent of the General Assembly that any
violence protection and prevention plan developed under this
Act be appropriate to the setting in which it is to be
implemented. To that end, the General Assembly recognizes that
not all health care services are provided in a facility or
other formal setting. Many health care services are provided in
other, less formal settings. The General Assembly finds that it
may be inappropriate and impractical for all health care
workplaces to address workplace violence in the same manner.
When enforcing this Act, the Department shall allow a health
care workplace sufficient flexibility in recognition of the
unique circumstances in which the health care workplace may
(e) Promptly after adopting a plan under subsection (a), a
health care workplace must file a copy of its plan with the
Department. The Department shall then forward a copy of the
plan to the appropriate responsible agency.
(f) A health care workplace must review its plan at least
once every 3 years and must report each such review to the
Department, together with any changes to the plan adopted by
the health care workplace. If a health care workplace does not
adopt any changes to its plan in response to such a review, it
must report that fact to the Department. A health care
workplace must promptly report to the Department all changes to
the health care workplace's plan, regardless of whether those
changes were adopted in response to a periodic review required
under this subsection. The Department shall then forward a copy
of the review report and changes, if any, to the appropriate
(g) A health care workplace that is required to submit
written documentation of active safety and violence prevention
plans to comply with national accreditation standards shall be
deemed to be in compliance with subsections (a), (b), (c), and
(f) of this Section when the health care workplace forwards a
copy of that documentation to the Department.
Violence prevention training.
By July 1, 2006
(in the case of a health care workplace participating in the
pilot project under Section 35) or July 1, 2009 (in the case of
health care workplaces not participating in the pilot project),
and on a regular basis thereafter, as set forth in the plan
adopted under Section 15, a health care workplace must provide
violence prevention training to all its affected employees as
determined by the plan. For temporary employees, training must
take into account unique circumstances. A health care workplace
also shall provide periodic follow-up training for its
employees as appropriate. The training may vary by the plan and
may include, but need not be limited to, classes, videotapes,
brochures, verbal training, or other verbal or written training
that is determined to be appropriate under the plan. The
training must address the following topics, as appropriate to
the particular health care workplace and to the duties and
responsibilities of the particular employee being trained,
based on the hazards identified in the assessment required
under Section 15:
(1) General safety procedures.
(2) Personal safety procedures.
(3) The violence escalation cycle.
(4) Violence-predicting factors.
(5) Obtaining patient history from a patient with a
history of violent behavior.
(6) Verbal and physical techniques to de-escalate and
minimize violent behavior.
(7) Strategies to avoid physical harm.
(8) Restraining techniques, as permitted and governed
(9) Appropriate use of medications to reduce violent
(10) Documenting and reporting incidents of violence.
(11) The process whereby employees affected by a
violent act may debrief or be calmed down and the tension
of the situation may be reduced.
(12) Any resources available to employees for coping
(13) The workplace violence prevention plan adopted
under Section 15.
(14) The protection of confidentiality in accordance
with the Health Insurance Portability and Accountability
Act of 1996 and other related provisions of law.
Record of violent acts.
Beginning no later than
July 1, 2007 (in the case of a health care workplace
participating in the pilot project under Section 35) or July 1,
2008 (in the case of health care workplaces not participating
in the pilot project), every health care workplace must keep a
record of any violent act against an employee, a patient, or a
visitor occurring at the workplace. At a minimum, the record
must include the following:
(1) The health care workplace's name and address.
(2) The date, time, and specific location at the health
care workplace where the violent act occurred.
(3) The name, job title, department or ward assignment,
and staff identification or other identifier of the victim,
if the victim was an employee.
(4) A description of the person against whom the
violent act was committed as one of the following:
(A) A patient.
(B) A visitor.
(C) An employee.
(5) A description of the person committing the violent
act as one of the following:
(A) A patient.
(B) A visitor.
(C) An employee.
(6) A description of the type of violent act as one of
(A) A verbal or physical threat that presents
(B) A physical assault with major soreness, cuts,
or large bruises.
(C) A physical assault with severe lacerations, a
bone fracture, or a head injury.
(D) A physical assault with loss of limb or death.
(E) A violent act requiring employee response, in
the course of which an employee is injured.
(7) An identification of any body part injured.
(8) A description of any weapon used.
(9) The number of employees in the vicinity of the
violent act when it occurred.
(10) A description of actions taken by employees and
the health care workplace in response to the violent act.
Assistance in complying with Act.
A health care
workplace that needs assistance in complying with this Act may
contact the federal Department of Labor for assistance. The
Illinois departments of Human Services and Public Health shall
collaborate with representatives of health care workplaces to
develop technical assistance and training seminars on
developing and implementing a workplace violence plan as
required under Section 15. Those departments shall coordinate
their assistance to health care workplaces.
Pilot project; task force.
(a) The Department of Human Services and the Department of
Public Health shall initially implement this Act as a 2-year
pilot project in which only the following health care
workplaces shall participate:
(1) The Chester Mental Health Center.
(2) The Alton Mental Health Center.
(3) The Douglas Singer Mental Health Center.
(4) The Andrew McFarland Mental Health Center.
(5) The Jacksonville Developmental Center.
Each health care workplace participating in the pilot
project shall comply with this Act as provided in this Act.
(b) The Governor shall convene a 6-member task force
consisting of the following: one member appointed by the
President of the Senate; one member appointed by the Minority
Leader of the Senate; one member appointed by the Speaker of
House of Representatives; one member appointed by the Minority
Leader of the House of Representatives; one representative from
a statewide association representing licensed registered
professional nurses; and one representative from the
Department of Human Services. The task force shall submit a
report to the Illinois General Assembly by January 1, 2008 that
shall (i) evaluate the effectiveness of the health care
workplace violence prevention pilot project in the facilities
participating in the pilot project and (ii) make
recommendations concerning the implementation of workplace
violence prevention programs in all health care workplaces.
The Department shall adopt rules to
implement this Act.
The Mental Health and Developmental
Disabilities Administrative Act is amended by adding Section 72
(20 ILCS 1705/72 new)
Violent acts against employees of facilities under
the Department's jurisdiction.
Within 6 months after the
effective date of this amendatory Act of the 94th General
Assembly, the Department shall adopt rules prescribing the
procedures for reporting, investigating, and responding to
violent acts against employees of facilities under the
Department's jurisdiction. As used in this Section, "violent
acts" has the meaning ascribed to that term in the Health Care
Workplace Violence Prevention Act.
The Illinois State Auditing Act is amended by
changing Section 3-2 as follows:
(30 ILCS 5/3-2)
(from Ch. 15, par. 303-2)
Mandatory and directed post audits. The Auditor
shall conduct a financial audit, a compliance audit, or
engagement, as is appropriate to the agency's
operations under generally
standards, of each State agency except the Auditor
his office at least once
during every biennium, except as is
otherwise provided in regulations
adopted under Section 3-8.
The general direction and supervision of the
program may be delegated only to an individual who is a
Certified Public Accountant and a payroll employee of the
Office of the
Auditor General. In the conduct of financial
audits, compliance audits, and
other attestation engagements,
Auditor General may inquire into and report upon matters
the scope of a performance audit, provided that
shall be limited to matters arising during the
ordinary course of the
In any year the Auditor General shall conduct any special
audits as may
be necessary to form an opinion on the financial
this State, as
prepared by the Comptroller, and
to certify that this presentation is in
generally accepted accounting principles for government.
Simultaneously with the biennial compliance audit of the
Human Services, the
Auditor General shall
a program audit of each facility under the jurisdiction of that
Department that is described in Section 4 of the
and Developmental Disabilities Administrative Act. The program
shall include an examination of the records of each
reports of suspected abuse or neglect
of any patient or resident of the
and (ii) reports of
violent acts against facility staff by patients or residents
The Auditor General shall report the findings of the program
audit to the Governor and the General Assembly, including
concerning patterns or trends relating to
neglect of facility
patients and residents
or (ii) violent acts
against facility staff by patients or residents
. However, for
any year for which the Inspector
General submits a report to
the Governor and General Assembly as required under
of the Abused and Neglected Long Term Care Facility Residents
Reporting Act, the Auditor General need not conduct the program
required under this paragraph.
The Auditor General shall conduct a performance
audit of a
State agency when so directed by the Commission, or by either
the General Assembly, in a resolution identifying the
and scope. Such a directing resolution may:
(a) require the Auditor General to examine and report
management efficiencies or cost
effectiveness proposals specified therein;
(b) in the case of a program audit, set forth specific
objectives, responsibilities or duties or may
specify the program
performance standards or program
evaluation standards to be the basis of
the program audit;
(c) be directed at particular procedures or functions
statute, by administrative regulation or by
(d) require the Auditor General to examine and report
proposals relating to state programs
specified in the resolution.
The Commission may by resolution clarify, further direct,
the scope of any audit directed by a resolution of the
House or Senate,
provided that any such action by the
Commission must be consistent with
the terms of the directing
(Source: P.A. 93-630, eff. 12-23-03.)
The Community Living Facilities Licensing Act
is amended by changing Section 11 as follows:
(210 ILCS 35/11)
(from Ch. 111 1/2, par. 4191)
Grounds for denial or revocation of a license.
may deny or begin proceedings to revoke a license if
the applicant or licensee
has been convicted of a felony or 2
or more misdemeanors involving moral
turpitude, as shown by a
certified copy of the court of conviction; if the
determines after investigation that such person has not been
sufficiently rehabilitated to warrant the public trust; or upon
evidence that the moral
character of the
applicant or licensee is not reputable. In addition, the
Department may deny or begin proceedings to revoke a license at
if the licensee:
(1) Submits false information either on Department
licensure forms or
during an inspection;
(2) Refuses to allow an inspection to occur;
(3) Violates this Act or rules and regulations promulgated
under this Act;
(4) Violates the rights of its residents;
(5) Fails to submit or implement a plan of correction
within the specified
(6) Fails to submit a workplace violence prevention plan in
compliance with the Health Care Workplace Violence Prevention
(Source: P.A. 82-567.)
The Community-Integrated Living Arrangements
Certification Act is amended by changing Section
6 as follows:
(210 ILCS 135/6)
(from Ch. 91 1/2, par. 1706)
(a) The Department shall deny an application for a
or revoke or refuse to renew the license of a
community mental health or
developmental services agency, or
refuse to issue a license to the holder
of a temporary permit,
if the Department determines that the applicant,
permit holder has not complied with a provision of this Act,
Mental Health and Developmental Disabilities Code, or
rules and regulations. Specific grounds
for denial or revocation of a
license, or refusal to renew a
license or to
issue a license to the holder of a temporary
permit, shall include but not be limited to:
(1) Submission of false information either on Department
or during an inspection;
(2) Refusal to allow an inspection to occur;
(3) Violation of this Act or rules and regulations
promulgated under this Act;
(4) Violation of the rights of a recipient;
(5) Failure to submit or implement a plan of correction
specified time period
(6) Failure to submit a workplace violence prevention plan
in compliance with the Health Care Workplace Violence
(b) If the Department determines that the operation of a
community mental health
or developmental services agency or one
or more of the programs or
placements certified by the agency
under this Act jeopardizes the health,
safety or welfare of the
recipients served by the agency, the Department
revoke the agency's license and may direct the agency to
withdraw recipients from any such program or placement.
(Source: P.A. 85-1250.)
This Act takes effect upon
Effective Date: 7/28/2005