39-2-221. Reporting of violence against health care employee.
454 words·~2 min read·
/mt/title-39/chapter-2/part-2/39-2-221A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
39-2-221 . Reporting of violence against health care employee.
(1)If a health care employee suffers an act of violence while on duty, the health care employer shall ensure that the health care employee and any employees who witnessed the act of violence provide oral reports to the health care employer. The oral reports must be made by the fastest possible means, absent circumstances beyond the control of the health care employer, and not later than 24 hours after the act of violence.
(2)The health care employer of a health care employee who suffers an act of violence shall report the event to law enforcement if the health care employee consents.
(a)After the health care employer receives an oral report under subsection (1), the health care employer shall produce a written report that includes the following:
(i)the phone number, address, and contact person for the health care employer;
(ii)the job title, name, phone number, and address of the health care employee who suffered the act of violence;
(iii)the name, phone number, and address of the person who committed the act of violence, if known; and
(iv)a detailed description of the act of violence, noting the date and time the oral report was made.
(b)Reports created in accordance with this section are not considered protected health care information and must be retained by health care employers separate and apart from a patient's medical record.
(4)The health care employer shall retain a copy of the written report for 5 years and provide copies of the reports to the department of justice quarterly or on request by the department of justice. Disclosure of this information by a health care employer should be made on a minimum necessary basis and the disclosure is authorized by 50-16-805 .
(5)Based on information received under this section, the department of justice shall compile an annual report on workplace violence in health care and publish the report to its website annually.
(6)For the purposes of this section, the following definitions apply:
(a)"Act of violence" means an action in which a person intentionally or purposefully uses force that causes injury to another person or threatens to use force against a person that causes substantial fear of injury to the person.
(b)"Health care employee" means any employee who is employed by a health care employer and who provides health care services in the course of employment.
(i)"Health care employer" means an employer of health care employees.
(ii)The term does not include the department of public health and human services or any health care facility operated by, or on behalf of, the department of public health and human services.