Bill Summary for H 809 (2023-2024)

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Summary date: 

Apr 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 809 (Public) Filed Tuesday, April 18, 2023
AN ACT ENACTING THE HOSPITAL VIOLENCE PROTECTION ACT.
Intro. by Reeder, Miller, Pyrtle.

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Bill summary

Refers to the act as "The Hospital Violence Protection Act of 2023."

Adds new Part 3A, Hospital Violence Prevention Act, in Article 5 of GS Chapter 131E, providing as follows. Requires licensed hospitals that have an emergency department to implement a security plan with protocols to ensure at least one law enforcement officer (a sworn law enforcement officer or a special police officer duly authorized to carry a concealed weapon) is present at all times in the emergency department or on the same campus as the emergency department. Sets out the following components that must be included in the security plan: (1) training for law enforcement officers employed by the hospital that is appropriate for the populations served by the emergency department; (2) training for law enforcement officers employed by the hospital that is based on a trauma-informed approach to identifying and safely addressing situations involving patients, family members, or other persons who pose a risk of harm to themselves or others due to mental illness or substance use disorder or who are experiencing a mental health crisis; (3) safety protocols based on the listed standards and risks; (4) safety protocols that include the presence of at least one law enforcement officer in the emergency department or on the same campus as the emergency department at all times; and (5) training requirements for law enforcement officers employed by the hospital in the potential use of and response to weapons, defensive tactics, de-escalation techniques, appropriate physical restraint and seclusion techniques, crisis intervention, and trauma-informed approaches.

Requires the Administrative Office of the Courts (AOC) to report annually to the Division of Health Services Regulation and the specified NCGA committee on the number of persons charged or convicted in the previous year under GS 14-34.6 (assault or affray on a firefighter, emergency medical technician, medical responder, and hospital personnel). 

Effective October 1, 2023.

Requires the Department of Health and Human Services, by October 1, 2023, to notify all licensed hospitals of these requirements and provide information on how to report hospital injuries resulting from acts of violence to appropriate law enforcement.

Makes the AOC's first report due by December 15, 2023.