One of the many problems the healthcare system is struggling with in the wake of the COVID-19 pandemic is a well-documented uptick in workplace violence against nurses, physicians, and other providers.
Healthcare workers are five times more likely than other professionals to be physically attacked on the job, according to the federal Bureau of Labor Statistics. The National Nurses United labor union in a 2024 report found that more than eight in 10 nurses had experienced at least one type of workplace violence in the past year, and nearly half had reported an increase in violence in their unit. A 2022 report from the American College of Emergency Physicians found that two-thirds of emergency department physicians reported being assaulted in 2022 — and a quarter of them said they’d been assaulted multiple times each week.
In response, states are taking action. Recently, Texas enacted Senate Bill 240 (SB 240), a new law aimed at reducing workplace violence in healthcare settings and part of a trio of bills passed that include making it a felony to assault a healthcare worker. The bills came after a man fatally shot a nurse and a caseworker in 2022 in the labor and delivery wing of a hospital in Dallas. Similar laws have been enacted in states including California, Illinois, Louisiana, Maryland, and New York.
What Does the Law Say?
SB 240 updates the Texas Health and Safety Code to mandate that various healthcare facilities implement and enforce written policies and plans for preventing workplace violence.
Each facility is required to form a workplace violence prevention committee or designate an existing committee to create the workplace violence prevention plan. The committee must include at least one registered nurse involved in direct patient care and, if applicable, one employee responsible for facility security. For healthcare systems overseeing multiple facilities, the bill allows for a single committee to be established, provided that it develops a violence prevention plan tailored to each facility and maintains separate data on violence prevention for each.
As a result, facility workplace violence prevention policies are required to:
- Ensure that the facility gives serious attention to the plan proposed by its committee and assess any current violence prevention plan in place
- Encourage healthcare providers and employees at the facility to share confidential information regarding workplace violence with the committee
- Establish a procedure to safeguard healthcare providers or employees who disclose information to the committee from reprisal
- Adhere to the rules of the Health and Human Services Commission concerning workplace violence
With this law, Texas aims to address workplace violence in healthcare settings and support the safety and well-being of professionals — particularly nurses, who face the risk of physical violence daily from patients, relatives, and others.
Requirements for Compliance
To comply with SB 240, Texas healthcare facilities must take several important steps to support holistic safety at their locations.
Integral to workplace violence prevention plans are the requirements for providers to establish protocols for handling and investigating incidents of actual or potential violence at the facility and addressing concerns regarding physical security and safety.
In addition, facilities are charged with:
- Implementing and enforcing a comprehensive plan: Developing an in-depth and comprehensive strategy addressing all aspects of workplace violence prevention, from risk assessment to incident response.
- Creating a review committee: Implementing to oversee and consistently refine workplace violence policies and practices.
- Establishing training programs: Ensuring all employees receive proper training on identifying risks, preventing violence, and responding effectively when incidents occur.
- Creating reporting mechanisms: Developing clear and accessible procedures for staff to report incidents of violence without fear of retaliation.
The law took effect September 1, 2023.
Alignment to the CMS Emergency Preparedness Rule
Implemented on November 16, 2017, the CMS Emergency Preparedness Rule mandates that CMS-licensed or certified providers create comprehensive emergency plans based on risk assessments to support their preparedness for for emergencies. It requires providers to establish policies and procedures aligned with these plans, maintain communication plans for coordinating patient care, and conduct regular training and testing programs to ensure readiness during actual incidents or drills. These measures are designed to enhance coordination with federal, state, tribal, regional, and local emergency systems while supporting efforts to respond to emergency situations.
Texas SB 240 aligns aligns with the broader CMS Emergency Preparedness Rule due to its emphasis on comprehensive planning, communication, and training. Through this, it seeks to ensure the safety and well-being of residents during emergencies and disasters. Both the CMS rule and Texas SB 240 aim to improve readiness and response capabilities across healthcare facilities to protect vulnerable populations during crises.
Expert Support from SOS Technologies
Observers note the healthcare industry faces unique risks, including unpredictable behaviors from patients and families who are under emotional stress and systemic factors like high-stress work environments, chronic understaffing, long wait times for patients, and a lack of organizational policies and staff training. Surveys of providers also reflect a lack of training for handling unruly patients or visitors and inadequate security staffing.
SmartSOSTM can be an integral component for healthcare facilities seeking to adhere to laws similar to Texas SB 240. Our platform enhances organizations emergency preparedness capabilities. In addition to providing best-in-breed security monitoring and response capabilities, SOS Technologies has a team of experienced security professionals who are well-versed in the security challenges faced by healthcare organizations and ready to assist organizations pursuing compliance. Our experts provide tailored guidance and support, ensuring that healthcare facilities can not only meet legislative requirements but also create a safer and more secure environment for their employees.
Contact us to learn how SOS Technologies can help your facility protect healthcare workers from workplace violence.