2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-420.03 - Health care employers; workplace violence prevention plan; investigation; reporting; nondiscrimination; definitions

36-420.03.
Health care employers;  workplace violence prevention plan;  investigation;  reporting;  nondiscrimination;  definitions
A. Not later than July 1,  2023,  health care employers shall develop,  implement and maintain a written workplace violence prevention plan that does all of the following:
1. Includes components that are specifically tailored to the conditions and hazards of the health care employer's sites and patient-specific risk factors.
2. Identifies the individual who is responsible for implementing and overseeing the plan.
3. Requires the conspicuous posting of signs in public areas throughout the health care employer's sites,  including all emergency facilities,  that are at least twelve inches by twelve inches in size and that provide notice that assault on a health care worker may be prosecuted as a felony.
4. Includes reporting,  incident response and postincident investigation procedures,  including procedures:
(a) For health care workers to report workplace violence risks,  hazards and incidents.
(b) For health care employers to respond to reports of workplace violence.
(c) For health care employers to perform a postincident investigation and debriefing of all reported incidents of workplace violence with the participation of health care workers.
5. Requires health care employers to provide information to health care workers about a worker's ability to report any assault to law enforcement and,  on request,  to assist the worker in reporting the assault.
B. Each health care employer shall make its workplace violence prevention plan available at all times to all health care workers and contractors who provide patient care.
C. As soon as practicable after a workplace violence incident is reported to the health care employer,  the health care employer shall investigate the incident and shall do all of the following:
1. Review the circumstances of the incident.
2. Solicit input from involved health care workers and supervisors about the cause of the incident and whether further corrective measures could have prevented the incident.
3. Document the findings,  recommendations and corrective measures taken,  if applicable,  for each investigation conducted.
D. Each health care employer shall provide training and education to its health care workers who may be exposed to workplace violence hazards and risks.
E. Each health care employer shall maintain:
1. Records that relate to each of the employer's workplace violence prevention plans,  including identifying,  evaluating and correcting hazards and risks and training procedures.
2. An incident log for recording all reported workplace violence incidents and records of all incident investigations. The log shall include the date,  time and location of the incident,  the name of every person who is involved in the incident,  a description of the incident and the nature and extent of injuries to health care workers.
F. The health care employer shall annually evaluate the implementation and effectiveness of the workplace violence prevention plan,  including a review of the violent incident log and compliance with any training. The annual evaluation shall be documented.
G. The health care employer shall adopt a policy that prohibits any person from discriminating or retaliating against any health care worker for either:
1. Reporting to or seeking assistance or intervention from the employer,  law enforcement,  local emergency services or a government agency or participating in an incident investigation.
2. Reasonably acting in self defense or defense of others in response to an imminent threat of physical harm.
H. A health care employer may not discriminate or retaliate against a health care worker for either:
1. Reporting to or seeking assistance or intervention from the employer,  law enforcement,  local emergency services or a government agency or for exercising any other rights under this section.
2. Reasonably acting in self defense or defense of others in response to an imminent threat of physical harm.
I. This section does not affect the legal obligations of a health care employer and health care worker pursuant to the protection of patients' rights.
J. This section does not apply to the Arizona state hospital or any other licensed facility that is under the jurisdiction of the superintendent of the Arizona state hospital.
K. For the purposes of this section:
1. " Health care employer"  means a health care institution that is licensed pursuant to this title as a hospital,  freestanding emergency services facility or urgent care facility and that has more than fifty employees.
2. " Health care worker"  means an employee of a health care employer or a person who has a contract with a health care employer to provide health care or related services.