Starting January 1, 2019, the Illinois Health Care Violence Prevention Act will offer additional protections to front-line healthcare workers (e.g., physicians, nurses, physicians assistants). With these protections come worker reporting requirements and provider obligations to design and implement programs that improve the safety of health care workers.
Health Care Workers:
Have a right to contact law enforcement regarding workplace violence incidents
Must provide notice of their contact with law enforcement to their employing health care provider within three (3) days of contacting law enforcement
Are expressly afforded the protections of the Illinois Whistleblower Act for reporting workplace violence incidents
Health Care Providers:
Must post in their facilities notice of health care worker reporting requirements
May not discourage health care workers from contacting law enforcement to report workplace violence, and the existing Illinois Whistleblower Act is specifically applied to health care providers and their employees
Must offer immediate post-incident services to individuals directly involved in a workplace violence incident
Must create and implement a workplace violence program that complies with OSHA requirements and meets the following new requirements of the Act:
Classification of the violence in one of four categories (Types 1-4)
Management commitment and worker participation, including, but not limited to, nurses
Worksite analysis and identification of potential hazards
Hazard prevention and control
Safety and health training with required hours determined by rule (not yet specified)
Recordkeeping and evaluation of the violence prevention program
The Act also outlines new obligations for entities responsible for bringing committed persons (e.g., prisoners) to facilities for health care treatment. An entity with custody of a committed person must:
To the greatest extent practicable, provide notice to the treating facility of the custodial relationship and any significant safety concerns of the patient
To the greatest extent practicable, provide the most comprehensive medical record possible
Provide at least one security guard trained in custodial escort of high-risk persons
Limit visitor access
Use appropriate security restraints for committed persons while in health care facilities
As always, specifics about these new requirements and how to meet them are still in development. However, the outline of new rights and obligations is in place and health care providers should take steps to comply with rules designed to help protect their team members.
Dave Farr is Partner at Farr & Farr in Chicago, where he practices health and corporate law.