AB 348 — Makes various changes related to working conditions at certain medical facilities. (BDR 53-843)
Last action — Chapter 571.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 18, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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6 sponsors
6 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
AN ACT relating to occupational safety and health; requiring certain medical facilities to develop and carry out a plan for the prevention of workplace violence and report incidents of workplace violence to the Division of Industrial Relations of the Department of Business and Industry; prohibiting such a medical facility from taking certain actions against an employee or other provider of care who seeks the assistance of a public safety agency in response to workplace violence or who reports workplace violence; requiring such a medical facility to maintain certain records; requiring the Division to publish an annual report concerning workplace violence at such medical facilities; revising provisions relating to staffing at certain health care facilities; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
625 added · 644 removed625 line(s) added, 644 removed.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on June 3, 2019) SECOND REPRINT A.B.
348348–Assemblymen ASSEMBLYGorelow, BMunk; ILLN O.
348–AAssefa, SSEMBLYMENFlores, GMartinez ORELOWand ,McCurdy MUNKCHAPTER.......... ;
A SSEFA, FLORES , MARTINEZ AND M CC URDY M ARCH 18, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Makes various changes related to working conditions at certain medical facilities.
(BDR 53-843) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§§ 14-17) (NOTREQUESTED BAFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegislativeLegiExisting Counsel’slaw Digest:prohibits an employer from maintaining unsafe or unhealthy places of employment.
places of employment.
(NRS 618.750-618.936) Sections 14 and 17 of this bill require a hospital or psychiatric hospital to develop and maintain a plan for the - *AB348_R2* – 2 – prevention of and response to workplace violence.
Section 14 requires certain medical facilities to establish a committee on workplace safety to assist in the development of the plan.
toSection workplace14 violenceadditionally andrequires situationsthe thatplan createto theinclude potentialprocedures for workplacendingresponding violence.
Section 16 of this bill prescribes the required contents of thosethosee procedures.
Section 17 of this bill requires a hospital or psychiatric hospital to take certain actionsrequires relatinga hospital or psychiatric hospital to thecarry developmentout certain controls to prevent and implementationmitigate the risk of theworkplace plan.violence.
Section 17 alsoadditionally requires a hospital or psychiatric hospital to carry out certain controls to prevent hospital or psychiatric hospital to document and report to the Division of Industrial Relations of the Department of Business and Industry certain incidents of workplace violence.
Section 17 bans a hospital or psychiatric hospital from prohibiting an employee or other provider of care from reporting an incident of workplace violence or seeking the assistance of a public safety agency in response - 80th Session (2019) – 2 – to an incident of workplace violence.
Section 19.3 of this bill authorizes an employeeDivision whofor isreinstatement aggrievedand byreimbursement suchfor prohibitedlost actionswages toand filework abenefits.the complaintSection with19.35 additionally authorizes the Division forof reinstatementPublic and reimbursementBehavioral forHealth lostof wagesthe Department of Health and workHuman benefits.Services to take disciplinary action against a medical facility that retaliates against an employee for reporting workplace violence or seeking the assistance of a public safety agency in response to an incident of workplace violence.
Section 19.35 additionally authorizes the Division of Public and Behavioral Health a medical facility that retaliates against an employee for reporting workplaceinst violence or seeking the assistance of a public safety agency in response to an incident of workplace violence.
Sectioncertain 19reports ofconcerning thisworkplace billviolence requiresat thehospitals Divisionand topsychiatricopies annually make available copies of hospitals.
(1) develop a written policy concerning the refusalassistant; of or objection to a work assignment by a nurse or certified nursing bill provides that, if a staffing committee is established for a health care facility through collective bargaining, the health care facility is not required to appoint another staffing committee.
and (2) a documented staffing plan.
(NRS 449.242) Section 19.4 of this bill provides that, if a staffing committee is established for a health care facility through collective bargaining, the health care facility is not required to appoint another staffing committee.
- *AB348_R2* – 3 – Existing law requires:
(NRS 449.242, 449.2421) Section 18.5 requires the Division of Industrial Relations of the Department of Business and Industry to Healthdefine ofthe term “unit” in consultation with the DepartmentDivision of HealthPublic and HumanBehavioral bill uses that definition for that purpose.n Services and section 19.37 of thisalthis billEXPLANATION uses– thatMatter definitionin forbolded thatitalics purpose.is new;
matter between brackets [omitted material] is material to be omitted.
As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined - 80th Session (2019) – 3 – in sections 3 to 13, inclusive, of this act have the meaning ascribed to them in those sections.
“Alarm” means a mechanical or electronic communication system that does not rely on the vocalization of a personperSec. to alert others to an incident of workplace violence.
Sec.
“Dangerous weapon” means an item capable ofoflence. inflicting death or serious bodily injury, regardless of whether the item was designed for that purpose.
inflicting death or serious bodily injury, regardless of whether the item was designed for that purpose.
10.provider of care;signed to aid the sight of an employee or other 11.
Devices designed to aid the sight of an employee or other provider of care;
- *AB348_R2* – 4 – 11.
- 80th Session (2019) – 4 – 4.
Sec.1.c.
8.
Show all 139 changed lines (99 more)
“Public safety agency” means:
1.
3.2.
AnA emergencylaw medicalenforcement service.efinedagency as defined in NRS 277.035;
or Sec.3.
An emergency medical service.
Sec.
“Security guard” has the meaning ascribed to it in NRSSec.NRS 648.016.
Sec.
Providing training on methods to prevent workplace violencevioSec. and respond to incidents of workplace violence.
Sec.
“Workplace violence” means any act of violence or threat of violence that occurs at a medical facility, except for a - *AB348_R2* – 5 – lawful act of self-defense or defense of another person.
- 80th Session (2019) – 5 – (1) If a staffing committee has been established for the medical facility pursuant to NRS 449.242 or an applicable collective bargaining agreement:
and (II) Employees of the medical facility who work in areas of the medical facility other than those represented on the staffing committee, appointed by the operator of the medical facility.
(2) If a staffing committee has not been established for the medical facility pursuant to NRS 449.242 or an applicable collective bargaining agreement, employees of the medical facility mustappointed include,by withoutthe limitation,operator employees who work in all major areas of the medical facility.
responseSuch toemployees workplacemust violence.include, without limitation, employees who work in all major areas of the medical facility.
The(b) Develop and maintain a plan must:ventionfor the prevention of and (1)response Beto inworkplace writing;violence.
The plan must:
(1) Be in writing;
(a) A requirement that all employees of the medical facility and other providers of care at the medical facility receive the trainingprevention describedof inworkplace sectionviolence:of 15 of this act concerning the (1) Upon the adoption of a new plan for the prevention of workplace violence:violence;
(1)(2) Upon thecommencing adoptionemployment ofand aannually newthereafter; plan for the prevention of workplace violence;
- *AB348_R2* – 6 – (2) Upon commencing employment and annually thereafter;
- 80th Session (2019) – 6 – (c) Procedures that meet the requirements of the regulations adopted pursuant to section 18.5 of this act for assessing and responding to situations that create the potential for workplace violence.
(d)workplaceocedviolence,coincluding,azawithoutt Proceduresilimitation, forrusingf correcting hazards that increase the risk of workplace violence, including, without limitation, using engineering controls that are feasible and applicable to the medical facility and work practice controls to eliminate or minimize exposure of employees and other providers of care to such hazards.
(f) Procedures for responding to incidents involving an active shooter and other threats of mass casualties through the use ofveof plans for evacuation and sheltering that are feasible and app(g)appropriate Procedures for annually assessing, in collaboration with the committeemedical onfacility. workplace safety established pursuant to paragraph (a) of subsection 1, the effectiveness of the plan.
(g) Procedures for annually assessing, in collaboration with the committee on workplace safety established pursuant to paragraph (a) of subsection 1, the effectiveness of the plan.
(a) An explanation of the plan, the manner in which the medical facility plans to address incidents of workplace violence, the manner in which an employee may participate in reviewing and revising the plan and any information necessary forforewing employees and other providers of care to perform the duties that may be required of each employee or other provider of care under the plan;
- *AB348_R2* – 7 – (c) When and how to respond to and seek assistance in preventing or responding to workplace violence;
(e) Resources available to employees and other providers of care in coping with incidents of workplace violence, including, without limitation, debriefing processes established by the medical facility for use after an incident of workplace violence and - 80th Session (2019) – 7 – available programs to assist employees and other providers of care in recovering from incidents of workplace violence;
and (f) For each employee or other provider of care who has contact with patients, training concerning verbal intervention and de-escalationde-esc(1) Allows the employee or other provider of care to practice those techniques that:with other employees and other providers of care with whom he or she works;
(1) Allows the employee or other provider of care to practice those techniques with other employees and other providers of care with whom he or she works;
A medical facility shall collaborate with the committee on workplace safety established pursuant to paragraph (a) of subsection 1 of section 14 of this act in developing, reviewing and revising the training provided under the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act and any curSec.curricula or materials used in that training.
Sec.
The procedures for responding to and investigating incidents of workplace violence included in the plan adopted mustpursuant include,to withoutparagraph limitation,(b) proceduresof to:tionsubsection 1 of section 14 of this act 1.must include, without limitation, procedures to:
1.
Ensure an effective response to each incident of workplace violence, including, without limitation, by ensuring that members of the staff of the medical facility are trained to address such incidents and designated to be available to immediately assist in thethe3.espProvide responsetimely tomedical suchcare anor incidentfirst withoutaid interruptingto patientemployees care;orre;
3.other providers of care who have been injured in an incident of workplace violence;
Provide timely medical care or first aid to employees or other providers of care who have been injured in an incident of workplace violence;
Offer the opportunity for each employee and other provider of care, including, without limitation, supervisors and security - *AB348_R2* – 8 – guards, involved in an incident of workplace violence to debrief as soon as possible after the incident at a time and place that is convenient for the employee or other provider of care;
- 80th Session (2019) – 8 – 8.
Solicit the feedback of each employee or other provider of care involved in an incident of workplace violence concerning the precipitating factors of the incident and any measures that may have assisted in preventing the incident.
any measures that may Sec.
(c) Implement engineering controls, work practice controls and other appropriate measures, as applicable, to prevent and mitigate the risk of workplace violence in all units, areas and prescribedlocations inof the regulationsfacility. adopted pursuant to section 18.5 ofts this act.
(a)Such Encouragecontrols employeesmust andmeet other providers of care to report incidents of workplace violence and concerns about workplace violence and seek the assistancerequirements ofprescribed a public safety agency in accordance with the planregulations developedadopted pursuant to paragraph (b) of subsection 1 of section 1418.5 of this actact. to respond to an incident of workplace violence;
and2. (b) Report to the Division any incident of workplace violence that:
A medical facility shall:
(a) Encourage employees and other providers of care to report incidents of workplace violence and concerns about workplace violence and seek the assistance of a public safety agency in accordance with the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act to respond to an incident of wor(b) Report to the Division any incident of workplace violence that:
A medical facility shall not prohibit an employee or other provider of care from reporting incidents of workplace violence or concerns about workplace violence or seeking the assistance of a - *AB348_R2* – 9 – public safety agency to respond to an incident of workplace violence in accordance with the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act.
- 80th Session (2019) – 9 – Sec.
A medical facility shall maintain and make available to the Division upon request records related to incidents of workplace violence and actions taken in compliance with sections 14 to 18.5, inclusive, of this act and the regulations adoptedlimitation:suant pursuant thereto.
Such records must include, without limitation:(a) Records of the identification, evaluation and correction of hazards that increase the risk of workplace violence.
(a) Records of the identification, evaluation and correction of hazards that increase the risk of workplace violence.
Records maintained pursuant to sections 14 to 18.5, inclusive, of this act and the regulations adopted pursuant thereto must not include the personally identifiable information of any patient, employee of the medical facility or other provider of care at the medical facility.
Such records must not be maintained or disclosed in a manner that violates NRS 449A.112 or the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto.
The Division shall, in consultation with the Division of Public and Behavioral Health of the Department of Health and Human Services, define by regulation the term “unit” for the purposes of sections 2 to 19, inclusive, of this act.
- *AB348_R2*80th Session (2019) – 10 – Sec.
The Division shall make available on an Internet website maintainedmai(a) Annual summary submitted by theeach Divisionmedical afacility copyin ofthis theState mostpursuant recent:to subsection 1;
(a) Annual summary submitted by each medical facility in this State pursuant to subsection 1;
Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3 with the Division.
Any complaint must be filed with the Division within 30the30 days after the violation has occurred and must set forth in writing the3.actUpon receipt of the complaintfacts byconstituting the Division,violation. the Administrator shall cause such investigation to be made as the Administrator deems appropriate.
Administrator shall cause such investigation to be made as the Administrator deems appropriate.
- *AB348_R2*80th Session (2019) – 11 – Sec.follows:19.35.
19.35.NRS 449.205 is hereby amended to read as 449.205 1.
NRS 449.205 is hereby amended to read as follows:
449.205 1.
or (3) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in subparagraph (1) or (2);
[or][or]tity (b) A registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility and who:
(1) In accordance with the policy, if any, established by the medical f(I)facility: Reports to his or her immediate supervisor, in writing, that he or she does not possess the knowledge, skill or experience to andply with an assignment to provide nursing services to a patient;
(II)(I) RefusesReports to provide to a patient nursing services for which, as verified by documentation in the personnel file of the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified concerning his or her competenceimmediate tosupervisor, providein variouswriting, nursingthat services, he or she does not possess the knowledge, skill or experience to comply with thean assignment to provide nursing services to thea patient,patient; unless the refusal constitutes unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto;
and (II) Refuses to provide to a patient nursing services for which, as verified by documentation in the personnel file of the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified concerning his or her competence to provide various nursing services, he or she does not possess the provide nursing services to the patient, unless the refusal constitutes unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto;
(3) In good faith, reports to the medical facility, the Board of Medical Examiners, the State Board of Osteopathic Medicine, the State- Board80th ofSession Nursing,(2019) the– Legislature12 – any other governmental entity:gislature or any committee thereof or (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse, nursing assistant or medication aide - certified which violates any otherprovision governmentalof entity:chapter 632 of NRS or which is required to be reported to the State Board of Nursing;
- *AB348_R2* – 12 – (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse, nursing assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;
or (4) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified to protect patients from actual or potential harm, conduct which would violate any provision ofofor chapter 632 of NRS or conduct which would subject the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified to disciplinary action by the State Board of Nursing [.] ;
A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility or a registered nurse, licensed practical nurse, nursingicalnursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility because the employee, registered nurse, licensed practical nurse, nursingcausenursing assistant or medication aide - certified has taken an action described in subsection 1.
A medical facility or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of thetheract, policy, medical facility or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility to take an action described in subsection 1.
- 80th Session (2019) – 13 – (b) “Physician” means a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.
(1) Includes, without limitation, any of the following actions if taken solely because the employee, registered nurse, licensed - *AB348_R2* – 13 – practical nurse, nursing assistant or medication aide - certified took an action described in subsection 1:
449.2418 “Unit” [means a component within a health care facility for providing patient care.] has the meaning ascribed to it by regulationSec. of the Division.
19.4.
ofNRS 449.242 is hereby amended to read as follows:
NR[Each]242Exceptrebasameotherwiseeaprovidedlowin[Each] Except as otherwise provided in subsection 4, each hospital located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds shall establish a staffing committee to develop a written policy as required pursuant to NRS 449.2423 and a documented staffing plan as required pursuant to NRS 449.2421.
(1) One member representing each unit of the hospital who is a licensed nurse who provides direct patient care on that unit, - 80th Session (2019) – 14 – elected by the licensed nursing staff who provide direct patient care on the unit that the member will represent.
(2) One member representing each unit of the hospital who is a certified nursing assistant who provides direct patient care on that unit,patient electedcare byon the certifiedunit nursingthat assistantsthe whomember providewill represent.ovide direct patient(b) careNot onless than one-half of the unittotal thatregular members of the memberstaffing willcommittee represent.appointed by the administration of the hospital.
(b)(c) NotOne lessalternate thanmember one-halfrepresenting each unit of the totalhospital regularwho membersis ofa thelicensed staffingnurse committeeor appointedcertified nursing assistant who provides direct patient care on that unit, elected by the administrationlicensed ofnursing staff and certified nursing assistants who provide direct patient care on the hospital.unit that the member represents.
- *AB348_R2* – 14 – (c) One alternate member representing each unit of the hospital who is a licensed nurse or certified nursing assistant who provides direct patient care on that unit, elected by the licensed nursing staff and certified nursing assistants who provide direct patient care on the unit that the member represents.
(a) The regular member described in paragraph (a) of subsection 1 who will represent his or her unit and profession;
4.facility described in subsection 1 through collective bargaining with an employee organization representing the licensed nursing staff and certified nursing assistants of the health care facility:
If(a) aThe staffing committee is established for a health care facility describedis innot subsectionrequired 1to throughform collectivea bargainingstaffing withcommittee anpursuant employeeto organizationthat representingsubsection; the licensed nursing staff and certified nursing assistants of the health care facility:
and (b) The staffing committee established pursuant to thatthe subsection;collective bargaining agreement shall be deemed to be the staffing committee established for the health care facility pursuant to subsection 1.
anduired to form a staffing (b) The staffing committee established pursuant to the committee established for the health care facility pursuant tofing subsection 1.
- 80th Session (2019) – 15 – [5.] 6.
Each hospital that is required to establish a staffing committee pursuant to this section shall prepare a written report concerning the establishment of the staffing committee, the activities and progress of the staffing committee and a determination of the efficacy of the staffing committee.
- *AB348_R2* – 15 – (a) Even-numbered year to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.
7.defined in NRS 449.00385;
Aored facility for modified medical detoxification, as defined8. in NRS 449.00385;
or 8.
This section and sections 1 to 19.4, inclusive, and 20 of this act become effective:
- 80th Session (2019) – 16 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H~~~~~ 19 - *AB348_R2*80th Session (2019)
Show all 139 changed rows (99 more)
View plain text versions (4)
- Enrolled As Enrolled Current pdf
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- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 571.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 1109.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 13, Nays: 8.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Senate Amendment No. 1109 concurred in. To enrollment.
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Taken from Secretary's desk. Re-referred to Committee on Finance. To committee. Exemption effective.
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From committee: Without recommendation. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Taken from General File. Placed on Secretary's desk.
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In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 29, Nays: 12, Excused: 1.) To Senate.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 603.) To printer.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Assemblywoman Connie Munk · Primary
- Assemblyman Alexander Assefa · Primary
- Assemblyman Edgar Flores · Primary
- Assemblywoman Susie Martinez · Primary
- William McCurdy II · Primary
- Michelle Gorelow · Primary
Sponsorship breakdown
Export CSV (upgrade) →6 sponsors · 0 co-sponsors · 61 not signed on
Sponsors (6)
- Assemblywoman Connie Munk
- Assemblyman Alexander Assefa
- Assemblyman Edgar Flores
- Assemblywoman Susie Martinez
- William McCurdy II
- Gorelow, Michelle
Co-sponsors (0)
None.
Not signed on (61)
61 members have not signed on to this bill.
Show all 61 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 348 do?
- AN ACT relating to occupational safety and health; requiring certain medical facilities to develop and carry out a plan for the prevention of workplace violence and report incidents of workplace violence to the Division of Industrial Relations of the Department of Business and Industry; prohibiting such a medical facility from taking certain actions against an employee or other provider of care who seeks the assistance of a public safety agency in response to workplace violence or who reports workplace violence; requiring such a medical facility to maintain certain records; requiring the Division to publish an annual report concerning workplace violence at such medical facilities; revising provisions relating to staffing at certain health care facilities; and providing other matters properly relating thereto.
- Who sponsors AB 348?
- AB 348 is sponsored by Assemblywoman Connie Munk, Assemblyman Alexander Assefa, Assemblyman Edgar Flores, Assemblywoman Susie Martinez, William McCurdy II, and Gorelow, Michelle.
- What is the current status of AB 348?
- This bill has been enacted into law. Introduced March 18, 2019. Enacted.
- Where can I track AB 348?
- Track AB 348 free on One Click Politics — get push/email alerts when it moves.
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