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California Health And Safety Code Section 1257.7

Legal Research Home > California Lawyer > Health and Safety Code > California Health And Safety Code Section 1257.7

(a) By July 1, 1995, all hospitals licensed pursuant to
subdivisions (a), (b), and (f) of Section 1250 shall conduct a
security and safety assessment and, using the assessment, develop a
security plan with measures to protect personnel, patients, and
visitors from aggressive or violent behavior.  The security and
safety assessment shall examine trends of aggressive or violent
behavior at the facility.  These hospitals shall track incidents of
aggressive or violent behavior as part of the quality assessment and
improvement program and for the purposes of developing a security
plan to deter and manage further aggressive or violent acts of a
similar nature.  The plan may include, but shall not be limited to,
security considerations relating to all of the following:
   (1) Physical layout.
   (2) Staffing.
   (3) Security personnel availability.
   (4) Policy and training related to appropriate responses to
violent acts.
   In developing this plan, the hospital shall consider any
guidelines or standards on violence in health care facilities issued
by the state department, the Division of Occupational Safety and
Health, and the federal Occupational Safety and Health
Administration.  As part of the security plan, a hospital shall adopt
security policies including, but not limited to, personnel training
policies designed to protect personnel, patients, and visitors from
aggressive or violent behavior.
   (b) The individual or members of a hospital committee responsible
for developing the security plan shall be familiar with all of the
following:
   (1) The role of security in hospital operations.
   (2) Hospital organization.
   (3) Protective measures, including alarms and access control.
   (4) The handling of disturbed patients, visitors, and employees.
   (5) Identification of aggressive and violent predicting factors.
   (6) Hospital safety and emergency preparedness.
   (7) The rudiments of documenting and reporting crimes, including,
by way of example, not disturbing a crime scene.
   (c) The hospital shall have sufficient personnel to provide
security pursuant to the security plan developed pursuant to
subdivision (a).  Persons regularly assigned to provide security in a
hospital setting shall be trained regarding the role of security in
hospital operations, including the identification of aggressive and
violent predicting factors, and management of violent disturbances.
   (d) Any act of assault, as defined in Section 240 of the Penal
Code, or battery, as defined in Section 242 of the Penal Code, that
results in injury or involves the use of a firearm or other dangerous
weapon, against any on-duty hospital personnel shall be reported to
the local law enforcement agency within 72 hours of the incident.
Any other act of assault, as defined in Section 240 of the Penal
Code, or battery as defined in Section 242 of the Penal Code, against
any on-duty hospital personnel may be reported to the local law
enforcement agency within 72 hours of the incident.  No health
facility or employee of a health facility who reports a known or
suspected instance of assault or battery pursuant to this section
shall be civilly or criminally liable for any report required by this
section.  No health facility or employee of a health facility who
reports a known or suspected instance of assault or battery that is
authorized, but not required, by this section, shall be civilly or
criminally liable for the report authorized by this section unless it
can be proven that a false report was made and the health facility
or its employee knew that the report was false or was made with
reckless disregard of the truth or falsity of the report, and any
health facility or employee of a health facility who makes a report
known to be false or with reckless disregard of the truth or falsity
of the report shall be liable for any damages caused.  Any individual
knowingly interfering with or obstructing the lawful reporting
process shall be guilty of a misdemeanor.  "Dangerous weapon," as
used in this section, means any weapon the possession or concealed
carrying of which is prohibited by Section 12020 of the Penal Code.

Last modified: January 12, 2009