2019 Montana Legislature

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HOUSE BILL NO. 538

INTRODUCED BY G. PIERSON JR

 

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO VIOLENCE AGAINST HEALTH CARE WORKERS; REQUIRING THAT A WRITTEN REPORT BE FILED AFTER AN ACT OF VIOLENCE IS COMMITTED AGAINST A HEALTH CARE WORKER; CLARIFYING THAT REPORTS MUST BE KEPT BY EMPLOYERS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     NEW SECTION.  Section 1.  Mandatory report of violence against health care workers. (1) An act of violence committed against a health care worker while on duty in the course of employment must be reported to law enforcement by a health care provider or employer that witnesses the act of violence or receives a report of an act of violence. 

     (2) An employer shall ensure that a verbal report is made by the victim of the act of violence, a health care worker who witnessed the incident, or the health care provider. A verbal report must be made in person or over the telephone to law enforcement by the fastest possible means and no later than 24 hours after a health care worker is a victim of an act of violence, witnesses an act of violence, or receives a report of an act of violence against a health care worker.

     (3) An employer shall submit a written report to law enforcement within 5 days of the incident that includes:

     (a) the job title of the victim;

     (b) the name and address of the victim;

     (c) the name and address of the perpetrator, if known;

     (d) the date and time a verbal report was made to law enforcement; and

     (e) a description of the incident.

     (4) The employer shall keep a copy of the written report for 5 years after it is submitted to law enforcement.     

     (5) As used in this section, the following definitions apply:

     (a) "Act of violence" means an action in which any person:

     (i) uses force that causes injury to another person; or

     (ii) threatens to use force against a person that causes substantial fear of injury to another person.

     (b) "Employer" means a health care provider or other entity that employs a health care worker directly, contractually, or otherwise.     

     (c) "Health care provider" means a person that is licensed to provide health care services by the department of labor under Title 37 or by the department of public health and human services under Title 50 or is licensed by any other state or federal health care licensing body.

     (d) "Health care worker" means any person employed by a health care provider who provides health care services in the course of employment.     

 

     NEW SECTION.  Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 50, chapter 5, and the provisions of Title 50, chapter 5, apply to [section 1].

 

     NEW SECTION.  Section 3.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 538 (HB0538.01)
Processed for the Web on February 18, 2019 (6:26pm)

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