Amendments for HB24-1066
House Journal, February 28
54 HB24-1066 be amended as follows, and as so amended, be referred to
55 the Committee on Appropriations with favorable
56 recommendation:
1 Amend printed bill, strike everything below the enacting clause and
2 substitute:
3
4 "SECTION 1. Legislative declaration. (1) The general
5 assembly declares that:
6 (a) Workplace violence in health-care settings has emerged as a
7 serious occupational and public health concern in Colorado and across the
8 country;
9 (b) Health-care workers are five times more likely to experience
10 violence in the workplace compared to other workers;
11 (c) Workplace violence presents in various forms, with:
12 (I) Sixty percent of incidents involving verbal aggression;
13 (II) Thirty-six percent of incidents involving threats;
14 (III) Twenty-nine percent of incidents involving physical
15 violence; and
16 (IV) Four percent of incidents involving the use of an object or
17 weapon;
18 (d) There is no single solution to solving workplace violence in
19 health-care settings, and evidence shows that a holistic approach to
20 workplace violence is most effective and has proven to decrease violence
21 in health-care settings;
22 (e) Recommendations from organizations such as the Joint
23 Commission, which align with the evidence that several approaches to
24 combating workplace violence are needed, include:
25 (I) Making significant investment in frontline staff in the
26 assessment, planning, and implementation of a workplace violence
27 program;
28 (II) Training staff on how to prevent workplace violence;
29 (III) Assessing and implementing security protections within
30 health-care units; and
31 (IV) Developing and implementing standardized workplace
32 violence prevention policies and reporting systems;
33 (f) Involving frontline staff in assessing and planning workplace
34 violence interventions is paramount to the effectiveness of the
35 intervention;
36 (g) The Joint Commission stresses that workplace violence
37 prevention training and interventions must go beyond the individual, and
38 the organization's recommendations align with evidence showing that
39 health-care organizations need to change their administrative policies and
40 implement changes within the health-care unit environment to combat
41 workplace violence; and
42 (h) Implementing a holistic approach to workplace violence
43 prevention, mitigation, response, and intervention that focuses on
44 involving frontline workers is paramount to reducing incidents of
45 workplace violence in health-care settings.
46 SECTION 2. In Colorado Revised Statutes, add part 9 to article
47 3 of title 25 as follows:
9 48 PART
49 VIOLENCE PREVENTION IN HEALTH-CARE SETTINGS
50 25-3-901. Short title. THE SHORT TITLE OF THIS PART 9 IS THE
51 "VIOLENCE PREVENTION IN HEALTH-CARE SETTINGS ACT".
52 25-3-902. Definitions. AS USED IN THIS PART 9, UNLESS THE
53 CONTEXT OTHERWISE REQUIRES:
54 (1) "BULLYING" MEANS ANY WRITTEN OR ORAL EXPRESSION,
55 PHYSICAL OR ELECTRONIC ACT OR GESTURE, OR PATTERN OF THAT
56 EXPRESSION, ACT, OR GESTURE THAT IS INTENDED TO COERCE, INTIMIDATE,
1 OR CAUSE ANY PHYSICAL, MENTAL, OR EMOTIONAL HARM TO AN
2 INDIVIDUAL.
3 (2) "DANGEROUS WEAPON" MEANS:
4 (a) A FIREARM, AS DEFINED IN SECTION 18-1-901 (3)(h);
5 (b) A PELLET GUN, A BB GUN, OR OTHER DEVICE, WHETHER
6 OPERATIONAL OR NOT, DESIGNED TO PROPEL PROJECTILES BY SPRING
7 ACTION OR COMPRESSED AIR;
8 (c) A FIXED-BLADE KNIFE WITH A BLADE THAT EXCEEDS THREE
9 INCHES IN LENGTH;
10 (d) A SPRING-LOADED KNIFE OR A POCKET KNIFE WITH A BLADE
11 EXCEEDING THREE AND ONE-HALF INCHES IN LENGTH; OR
12 (e) ANY OBJECT, DEVICE, INSTRUMENT, MATERIAL, OR SUBSTANCE,
13 WHETHER ANIMATE OR INANIMATE, THAT IS USED OR INTENDED TO BE
14 USED TO INFLICT DEATH OR SERIOUS BODILY INJURY.
15 (3) "FACILITY" MEANS:
16 (a) A HOSPITAL LICENSED OR CERTIFIED BY THE DEPARTMENT;
17 (b) A FREESTANDING EMERGENCY DEPARTMENT AS DEFINED IN
18 SECTION 25-1.5-114;
19 (c) A NURSING CARE FACILITY;
20 (d) AN ASSISTED LIVING RESIDENCE THAT HAS AT LEAST TWENTY
21 BEDS; OR
22 (e) A FEDERALLY QUALIFIED HEALTH CENTER, AS DEFINED IN THE
23 FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 1395x (aa)(4), AS
24 AMENDED.
25 (4) "FACILITY PERSONNEL" MEANS:
26 (a) AN EMPLOYEE OF A FACILITY;
27 (b) A HEALTH-CARE PROVIDER WHO IS CONTRACTED WITH OR
28 OTHERWISE AUTHORIZED TO PROVIDE HEALTH-CARE SERVICES AT A
29 FACILITY; OR
30 (c) ANY OTHER INDIVIDUAL PERFORMING SERVICES AT A FACILITY.
31 (5) "HARASS" MEANS TO ENGAGE IN A COURSE OF VEXATIOUS
32 COMMENT OR CONDUCT AGAINST AN INDIVIDUAL THAT IS KNOWN OR
33 OUGHT REASONABLY TO BE KNOWN TO BE UNWELCOME.
34 (6) "INTIMIDATE" MEANS TO DIRECTLY OR INDIRECTLY INFLICT OR
35 THREATEN TO INFLICT ANY INJURY, DAMAGE, HARM, OR LOSS UPON AN
36 INDIVIDUAL.
37 (7) "MULTIDISCIPLINARY TEAM" OR "TEAM" MEANS A TEAM OF
38 FACILITY PERSONNEL, A MAJORITY OF THE MEMBERS OF WHICH PRIMARILY
39 PROVIDE DIRECT CARE OR SERVICES TO PATIENTS OR VISITORS OF THE
40 FACILITY.
41 (8) (a) "WORKPLACE VIOLENCE" MEANS:
42 (I) VERBAL, NONVERBAL, WRITTEN, OR PHYSICAL AGGRESSION;
43 (II) THREATENING, INTIMIDATING, HARASSING, OR HUMILIATING
44 WORDS OR ACTIONS;
45 (III) BULLYING;
46 (IV) SABOTAGE;
47 (V) SEXUAL HARASSMENT;
48 (VI) PHYSICAL ASSAULT; OR
49 (VII) OTHER BEHAVIOR OF CONCERN INVOLVING FACILITY
50 PERSONNEL, PATIENTS, OR VISITORS.
51 (b) "WORKPLACE VIOLENCE" INCLUDES:
52 (I) ANY ACT DESCRIBED IN SUBSECTION (8)(a) OF THIS SECTION
53 THAT OCCURS BETWEEN FACILITY PERSONNEL, INCLUDING WHEN THE
54 ALLEGED PERPETRATOR IS A SUPERIOR OR SUPERVISOR OF FACILITY
55 PERSONNEL; AND
56
1 (II) AN INCIDENT INVOLVING THE USE OF A DANGEROUS WEAPON,
2 REGARDLESS OF WHETHER FACILITY PERSONNEL ARE INJURED BY THE
3 WEAPON.
4 (c) "WORKPLACE VIOLENCE" DOES NOT INCLUDE AN ACT OF
5 SELF-ADVOCACY THAT IS WITHIN AN INDIVIDUAL'S LEGAL RIGHT TO
6 PURSUE, INCLUDING WHEN AN INDIVIDUAL THREATENS TO PURSUE LEGAL
7 ACTION OR TO FILE A GRIEVANCE OR COMPLAINT WITH A REGULATORY OR
8 ACCREDITATION BODY.
9 (9) "WORKPLACE VIOLENCE PREVENTION PROGRAM" OR
10 "PROGRAM" MEANS A PROGRAM OR PLAN DEVELOPED IN ACCORDANCE
11 WITH SECTION 25-3-903 TO PREVENT, MITIGATE, AND RESPOND TO ACTS OF
12 WORKPLACE VIOLENCE OR THREATS OF WORKPLACE VIOLENCE AT A
13 FACILITY.
14 25-3-903. Workplace violence prevention program - contents
15 - training - annual review. (1) (a) EACH FACILITY SHALL ESTABLISH A
16 WORKPLACE VIOLENCE PREVENTION PROGRAM THAT IS LED BY AN
17 INDIVIDUAL DESIGNATED BY THE FACILITY AND IS DEVELOPED BY A
18 MULTIDISCIPLINARY TEAM.
19 (b) A FACILITY'S WORKPLACE VIOLENCE PREVENTION PROGRAM
20 MUST:
21 (I) ESTABLISH WRITTEN POLICIES AND PROCEDURES TO PREVENT,
22 MITIGATE, AND RESPOND TO INCIDENTS OF WORKPLACE VIOLENCE, WHICH
23 POLICIES AND PROCEDURES MUST BE REVIEWED AND EVALUATED AT LEAST
24 ANNUALLY;
25 (II) ESTABLISH A STANDARDIZED AND STREAMLINED PROCESS FOR
26 FACILITY PERSONNEL, PATIENTS, AND VISITORS TO REPORT INCIDENTS OF
27 WORKPLACE VIOLENCE THAT:
28 (A) ALLOWS AT LEAST SEVEN DAYS TO COMPLETE AN INCIDENT
29 REPORT FILING;
30 (B) CONSISTENTLY PROVIDES ADMINISTRATIVE SUPPORT TO
31 FACILITY PERSONNEL TO ENSURE THEIR ABILITY TO RESPOND TO INTERNAL
32 AND EXTERNAL REQUIREMENTS FOR REPORTING WORKPLACE VIOLENCE;
33 (C) ENABLES FACILITY PERSONNEL, WHEN REPORTING AN INCIDENT
34 OF WORKPLACE VIOLENCE THROUGH THE FACILITY'S EXISTING
35 OCCURRENCE REPORTING SYSTEMS, TO REPORT THE INCIDENT WITHOUT
36 DISCLOSING A PATIENT'S, FACILITY PERSONNEL MEMBER'S, OR
37 VOLUNTEER'S PERSONALLY IDENTIFIABLE INFORMATION; AND
38 (D) ALLOWS FOR THE ANALYSIS OF WORKPLACE VIOLENCE
39 INCIDENTS AND TRENDS;
40 (III) INCLUDE A PROCESS TO FOLLOW UP WITH AND SUPPORT
41 FACILITY PERSONNEL AND WITNESSES AFFECTED BY AN INCIDENT OF
42 WORKPLACE VIOLENCE, INCLUDING TRAUMA AND PSYCHOLOGICAL
43 COUNSELING, IF NECESSARY; AND
44 (IV) REQUIRE REPORTING OF WORKPLACE VIOLENCE INCIDENTS
45 AND UPDATES TO THE WORKPLACE VIOLENCE PREVENTION PROGRAM TO
46 THE FACILITY'S GOVERNING BODY.
47 (2) (a) THE MULTIDISCIPLINARY TEAM THAT LEADS A FACILITY'S
48 WORKPLACE VIOLENCE PREVENTION PROGRAM SHALL CONDUCT AN
49 ANNUAL WORKSITE ANALYSIS TO DETERMINE WHETHER THERE ARE
50 WORKPLACE VIOLENCE SAFETY AND SECURITY RISKS AT THE FACILITY. A
51 FACILITY SHALL TAKE ACTIONS TO MITIGATE OR RESOLVE WORKPLACE
52 VIOLENCE SAFETY AND SECURITY RISKS BASED ON FINDINGS FROM THE
53 ANALYSIS AND AS REFLECTED IN THE PROGRAM.
54 (b) THE ANALYSIS CONDUCTED PURSUANT TO THIS SUBSECTION (2)
55 MUST:
56
1 (I) BE BASED ON INDIVIDUAL PRACTICE SETTINGS, INCLUDING
2 SPECIFIC ATTRIBUTES OF A PRACTICE SETTING; AND
3 (II) ANALYZE STAFFING, INCLUDING INDIVIDUAL STAFFING
4 PATTERNS AND PATIENT CLASSIFICATIONS, EMERGENCY RESPONSE
5 PROTOCOLS, SECURITY PERSONNEL AVAILABILITY, AND SECURITY RISKS
6 ASSOCIATED WITH SPECIFIC UNITS OR PROGRAMS IN A FACILITY.
7 (3) (a) A FACILITY'S MUTLIDISCIPLINARY TEAM SHALL ESTABLISH
8 A PROCESS FOR CONTINUALLY MONITORING FOR, INTERNAL REPORTING OF,
9 AND INVESTIGATING INCIDENTS OF WORKPLACE VIOLENCE INVOLVING
10 PATIENTS, FACILITY PERSONNEL, OR OTHERS WITHIN THE FACILITY.
11 (b) AS PART OF THE PROCESS ESTABLISHED PURSUANT TO THIS
12 SUBSECTION (3), THE TEAM SHALL CONDUCT QUARTERLY REVIEWS OF
13 INCIDENTS OF WORKPLACE VIOLENCE THAT OCCURRED AT THE FACILITY IN
14 THE IMMEDIATELY PRECEDING QUARTER AND DOCUMENT ANY UPDATES TO
15 THE WORKPLACE VIOLENCE PREVENTION PROGRAM THAT RESULT FROM
16 THE REVIEW. THE TEAM SHALL ACCEPT ANY INFORMATION ON INCIDENTS
17 OF WORKPLACE VIOLENCE AT THE FACILITY FROM FACILITY PERSONNEL,
18 PATIENTS, OR OTHERS.
19 (4) (a) AS PART OF ITS WORKPLACE VIOLENCE PREVENTION
20 PROGRAM, A FACILITY SHALL PROVIDE ANNUAL TRAINING, EDUCATION,
21 AND RESOURCES TO FACILITY LEADERSHIP, INCLUDING THE MEMBERS OF
22 THE GOVERNING BOARD, AND FACILITY PERSONNEL. IN ADDITION TO
23 PROVIDING THE TRAINING, EDUCATION, AND RESOURCES ANNUALLY, THE
24 FACILITY SHALL PROVIDE TRAINING, EDUCATION, AND RESOURCES:
25 (I) WITHIN NINETY DAYS AFTER ANY CHANGES OR UPDATES ARE
26 MADE REGARDING THE WORKPLACE VIOLENCE PREVENTION PROGRAM;
27 AND
28 (II) (A) FOR FACILITY PERSONNEL, WHEN INITIALLY HIRED,
29 CONTRACTED, OR AUTHORIZED TO PROVIDE HEALTH-CARE OR OTHER
30 SERVICES AT THE FACILITY; AND
31 (B) FOR MEMBERS OF FACILITY LEADERSHIP AND OF THE
32 GOVERNING BOARD, WHEN THE MEMBER IS APPOINTED TO THE LEADERSHIP
33 OR GOVERNING BOARD POSITION.
34 (b) A FACILITY'S TEAM SHALL DETERMINE THE ASPECTS OF
35 TRAINING THAT ARE APPROPRIATE FOR INDIVIDUALS BASED ON THEIR
36 ROLES, RESPONSIBILITIES, AND PRACTICE SETTING.
37 (c) THE TRAINING, EDUCATION, AND RESOURCES MUST ADDRESS
38 PREVENTION OF, RECOGNITION OF, RESPONSE TO, RECOVERY FROM, AND
39 REPORTING OF WORKPLACE VIOLENCE AS FOLLOWS:
40 (I) AN EXPLANATION OF WHAT CONSTITUTES WORKPLACE
41 VIOLENCE AND AN OVERVIEW OF THE FACILITY'S WORKPLACE VIOLENCE
42 PREVENTION PROGRAM;
43 (II) EDUCATION ON THE ROLES AND RESPONSIBILITIES OF FACILITY
44 LEADERSHIP, CLINICAL STAFF, SECURITY PERSONNEL, AND EXTERNAL LAW
45 ENFORCEMENT;
46 (III) TRAINING IN DE-ESCALATION, NONPHYSICAL INTERVENTION
47 SKILLS, PHYSICAL INTERVENTION TECHNIQUES, AND RESPONSE TO
48 EMERGENCY INCIDENTS;
49 (IV) THE PROCESS FOR REPORTING INCIDENTS OF WORKPLACE
50 VIOLENCE; AND
51 (V) TRAINING IN VIOLENCE PREDICTING BEHAVIORS AND
52 INFORMATION ON HOW TO INTERACT WITH PATIENTS WITH SPECIFIC
53 HEALTH CONDITIONS, TRAUMA-INFORMED CARE, AND STRATEGIES TO
54 PREVENT HARM.
55 (d) THE TRAINING MUST ALSO INCLUDE:
56
1 (I) INFORMATION ABOUT RIGHTS AND RESPONSIBILITIES UNDER THE
2 "WORKERS' COMPENSATION ACT OF COLORADO", ARTICLES 40 TO 47 OF
3 TITLE 8, INCLUDING:
4 (A) THE REQUIREMENT FOR A FACILITY TO REPORT AN INJURY
5 SUSTAINED DURING THE COURSE AND SCOPE OF EMPLOYMENT TO THE
6 DIVISION OF WORKERS' COMPENSATION IN THE DEPARTMENT OF LABOR
7 AND EMPLOYMENT AND THE TIME BY WHICH A FACILITY MUST REPORT THE
8 INJURY;
9 (B) THE TIME FRAME WITHIN WHICH AND THE FORM IN WHICH
10 FACILITY PERSONNEL MUST REPORT AN INJURY TO THE FACILITY, THE
11 CONSEQUENCES FOR FAILING TO REPORT AN INJURY WITHIN THE SPECIFIED
12 TIME FRAME, AND THE STATUTE OF LIMITATIONS FOR FILING A CLAIM FOR
13 BENEFITS;
14 (C) INFORMATION ABOUT HOW AND WHERE TO FILE A CLAIM FOR
15 BENEFITS, INCLUDING THE ABILITY TO FILE A CLAIM DIRECTLY WITH THE
16 DIVISION OF WORKERS' COMPENSATION;
17 (D) INFORMATION ABOUT THE ABILITY OF FACILITY PERSONNEL TO
18 CHOOSE A MEDICAL OR BEHAVIORAL HEALTH PROVIDER WHEN RECEIVING
19 SERVICES; AND
20 (E) INFORMATION ABOUT ELIGIBILITY FOR BENEFITS, INCLUDING
21 THAT FACILITY PERSONNEL PROVIDING SERVICES UNDER A CONTRACT
22 WITH A FACILITY MAY BE ELIGIBLE FOR COVERAGE UNDER THE FACILITY'S
23 WORKERS' COMPENSATION INSURANCE; AND
24 (II) INFORMATION ABOUT RIGHTS AND RESPONSIBILITIES UNDER
25 THE "PAID FAMILY AND MEDICAL LEAVE INSURANCE ACT", PART 5 OF
26 ARTICLE 13.3 OF TITLE 8, INCLUDING INFORMATION ABOUT ELIGIBILITY
27 FOR LEAVE AND BENEFITS UNDER THE ACT.
28 (5) A FACILITY SHALL MAKE WORKPLACE VIOLENCE POLICIES AND
29 PROCEDURES AVAILABLE TO FACILITY PERSONNEL.
30 25-3-904. Responding to workplace violence incidents -
31 prohibited acts. (1) EACH FACILITY SHALL HAVE AND USE A
32 STANDARDIZED APPROACH TO RESPONDING TO INCIDENTS OF WORKPLACE
33 VIOLENCE THAT IS BASED ON THE FOLLOWING PRINCIPLES:
34 (a) EACH INCIDENT OF WORKPLACE VIOLENCE MUST BE ADDRESSED
35 INDIVIDUALLY, TAKING INTO CONSIDERATION THE SPECIFIC
36 CIRCUMSTANCES OF THE INCIDENT;
37 (b) THE RESPONSE TO THE INCIDENT BY INDIVIDUALS IN
38 LEADERSHIP POSITIONS OR WHO ARE OTHERWISE AUTHORIZED TO RESPOND
39 ON BEHALF OF THE FACILITY MUST INCLUDE ENGAGEMENT WITH FACILITY
40 PERSONNEL WHO ARE IMPACTED BY AN INCIDENT OF WORKPLACE
41 VIOLENCE IN A MANNER THAT DEMONSTRATES THE FACILITY'S
42 COMMITMENT TO OPEN AND AUTHENTIC COMMUNICATION, TO
43 INTENTIONAL COLLABORATION IN DETERMINING A MEANINGFUL RESPONSE
44 TO THE INCIDENT AND ITS EFFECTS ON THE WORKPLACE AND FACILITY
45 PERSONNEL, AND TO ASCERTAINING APPROPRIATE STAFFING
46 ALTERNATIVES FOR FACILITY PERSONNEL IMPACTED BY THE INCIDENT;
47 (c) FACILITY PERSONNEL MUST BE SUPPORTED IN OBTAINING ANY
48 MENTAL HEALTH AND HEALTH-CARE SERVICES NEEDED TO RECOVER FROM
49 AN INCIDENT OF WORKPLACE VIOLENCE, WHICH MAY INCLUDE PAID TIME
50 OFF, PEER SUPPORT, CARE COORDINATION, AND TIME AND SPACE TO MAKE
51 DECISIONS ABOUT AVAILABLE OPTIONS FOR THE INDIVIDUAL MEMBER OF
52 FACILITY PERSONNEL; AND
53 (d) THE FACILITY MUST ADJUST PATIENT CARE ASSIGNMENTS TO
54 THE EXTENT PRACTICABLE IN ORDER TO PREVENT A MEMBER OF FACILITY
55 PERSONNEL FROM TREATING OR PROVIDING SERVICES TO A PATIENT WHO
1 HAS INTENTIONALLY PHYSICALLY ABUSED OR THREATENED THE MEMBER
2 OF FACILITY PERSONNEL.
3 (2) A FACILITY SHALL NOT DISCOURAGE FACILITY PERSONNEL
4 FROM EXERCISING THEIR RIGHT TO CONTACT OR FILE A REPORT WITH LAW
5 ENFORCEMENT OR ANY REGULATORY BODY REGARDING AN INCIDENT OF
6 WORKPLACE VIOLENCE.
7 (3) A PERSON SHALL NOT DISCIPLINE, INCLUDING BY SUSPENSION
8 OR TERMINATION OF EMPLOYMENT, DISCRIMINATE AGAINST, OR RETALIATE
9 AGAINST ANOTHER PERSON WHO:
10 (a) IN GOOD FAITH REPORTS AN INCIDENT OF WORKPLACE
11 VIOLENCE;
12 (b) ADVISES A MEMBER OF FACILITY PERSONNEL OF THE MEMBER'S
13 RIGHT TO REPORT AN INCIDENT OF WORKPLACE VIOLENCE; OR
14 (c) CHOOSES TO NOT REPORT AN INCIDENT OF WORKPLACE
15 VIOLENCE TO LAW ENFORCEMENT.
1 16 25-3-905. Reporting. (1) BY JULY 1, 2025, AND BY EACH JULY
17 THEREAFTER, EACH FACILITY SHALL SUBMIT AN ANNUAL REPORT OF
18 WORKPLACE VIOLENCE INCIDENTS TO THE DEPARTMENT IN A MANNER
19 DETERMINED BY THE DEPARTMENT. REPORTS MUST INCLUDE, AT A
20 MINIMUM:
21 (a) THE FACILITY AND LOCATION WITHIN THE FACILITY WHERE AN
22 INCIDENT OCCURRED;
23 (b) THE TYPE OF WORKPLACE VIOLENCE INCIDENT, SUCH AS
24 WHETHER IT WAS STAFF ON STAFF, PATIENT ON STAFF, OR OTHER
25 INDIVIDUAL AT THE FACILITY ON STAFF;
26 (c) THE NATURE OF THE WORKPLACE VIOLENCE INCIDENT, SUCH AS
27 SEXUAL, PHYSICAL, OR A THREAT, AND WHETHER THE INCIDENT RESULTED
28 IN BODILY INJURY OR OTHER PHYSICAL OR PSYCHOLOGICAL TRAUMA; AND
29 (d) THE STAFF-TO-PATIENT RATIO AT THE TIME OF THE INCIDENT.
1 30 (2) STARTING JANUARY 1, 2026, AND BY EACH JANUARY
31 THEREAFTER, THE DEPARTMENT SHALL PUBLISH A COMPREHENSIVE
32 REPORT ON INCIDENTS OF WORKPLACE VIOLENCE BY LICENSED FACILITY
33 TYPE AND TYPE OF INJURY. THE DEPARTMENT SHALL MAKE AVAILABLE TO
34 THE PUBLIC, UPON REQUEST, DISAGGREGATED INFORMATION SUBMITTED
35 BY FACILITIES PURSUANT TO SUBSECTION (1) OF THIS SECTION; EXCEPT
36 THAT THE DEPARTMENT SHALL NOT RELEASE INFORMATION IDENTIFYING
37 A SPECIFIC FACILITY BY NAME OR ANY IDENTIFIABLE INFORMATION ABOUT
38 INDIVIDUALS INVOLVED IN AN INCIDENT OF WORKPLACE VIOLENCE.
39 SECTION 3. In Colorado Revised Statutes, add 27-50-305 as
40 follows:
41 27-50-305. Workplace violence prevention - program -
42 incident reports - definitions - short title - legislative declaration.
43 (1) Short title. THE SHORT TITLE OF THIS SECTION IS THE "VIOLENCE
44 PREVENTION IN BEHAVIORAL HEALTH SETTINGS ACT".
45 (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
46 OTHERWISE REQUIRES:
47 (a) "BEHAVIORAL HEALTH SERVICES" MEANS DIAGNOSTIC,
48 THERAPEUTIC, OR PSYCHOLOGICAL SERVICES FOR BEHAVIORAL HEALTH
49 CONDITIONS.
50 (b) "BULLYING" MEANS ANY WRITTEN OR ORAL EXPRESSION, OR
51 PHYSICAL OR ELECTRONIC ACT OR GESTURE, OR A PATTERN OF THAT
52 EXPRESSION, ACT, OR GESTURE, THAT IS INTENDED TO COERCE,
53 INTIMIDATE, OR CAUSE ANY PHYSICAL, MENTAL, OR EMOTIONAL HARM TO
54 AN INDIVIDUAL.
55 (c) "DANGEROUS WEAPON" MEANS:
56 (I) A FIREARM, AS DEFINED IN SECTION 18-1-901 (3)(h);
1 (II) A PELLET GUN, A BB GUN, OR OTHER DEVICE, WHETHER
2 OPERATIONAL OR NOT, DESIGNED TO PROPEL PROJECTILES BY SPRING
3 ACTION OR COMPRESSED AIR;
4 (III) A FIXED-BLADE KNIFE WITH A BLADE THAT EXCEEDS THREE
5 INCHES IN LENGTH;
6 (IV) A SPRING-LOADED KNIFE OR A POCKET KNIFE WITH A BLADE
7 EXCEEDING THREE AND ONE-HALF INCHES IN LENGTH; OR
8 (V) ANY OBJECT, DEVICE, INSTRUMENT, MATERIAL, OR
9 SUBSTANCE, WHETHER ANIMATE OR INANIMATE, THAT IS USED OR
10 INTENDED TO BE USED TO INFLICT DEATH OR SERIOUS BODILY INJURY.
11 (d) "FACILITY" MEANS A COMPREHENSIVE COMMUNITY
12 BEHAVIORAL HEALTH PROVIDER THAT IS A FACILITY.
13 (e) "FACILITY PERSONNEL" MEANS:
14 (I) AN EMPLOYEE OF A FACILITY;
15 (II) A LICENSED PROFESSIONAL BEHAVIORAL HEALTH PROVIDER
16 WHO IS CONTRACTED WITH OR OTHERWISE AUTHORIZED TO PROVIDE
17 BEHAVIORAL HEALTH SERVICES AT A FACILITY; OR
18 (III) ANY OTHER INDIVIDUAL PERFORMING SERVICES AT A
19 FACILITY.
20 (f) "HARASS" MEANS TO ENGAGE IN A COURSE OF VEXATIOUS
21 COMMENT OR CONDUCT AGAINST AN INDIVIDUAL THAT IS KNOWN OR
22 OUGHT REASONABLY TO BE KNOWN TO BE UNWELCOME.
23 (g) "INTIMIDATE" MEANS TO DIRECTLY OR INDIRECTLY INFLICT OR
24 THREATEN TO INFLICT ANY INJURY, DAMAGE, HARM, OR LOSS UPON AN
25 INDIVIDUAL.
26 (h) "LICENSED PROFESSIONAL BEHAVIORAL HEALTH PROVIDER"
27 MEANS A BEHAVIORAL HEALTH PROVIDER WHO IS A LICENSED
28 PROFESSIONAL PROVIDING BEHAVIORAL HEALTH SERVICES.
29 (i) "MULTIDISCIPLINARY TEAM" OR "TEAM" MEANS A TEAM OF
30 FACILITY PERSONNEL, A MAJORITY OF THE MEMBERS OF WHICH PRIMARILY
31 PROVIDE DIRECT CARE OR SERVICES TO PATIENTS OR VISITORS OF THE
32 FACILITY.
33 (j) (I) "WORKPLACE VIOLENCE" MEANS:
34 (A) VERBAL, NONVERBAL, WRITTEN, OR PHYSICAL AGGRESSION;
35 (B) THREATENING, INTIMIDATING, HARASSING, OR HUMILIATING
36 WORDS OR ACTIONS;
37 (C) BULLYING;
38 (D) SABOTAGE;
39 (E) SEXUAL HARASSMENT;
40 (F) PHYSICAL ASSAULT; OR
41 (G) OTHER BEHAVIOR OF CONCERN INVOLVING FACILITY
42 PERSONNEL, PATIENTS, OR VISITORS.
43 (II) "WORKPLACE VIOLENCE" INCLUDES:
44 (A) ANY ACT DESCRIBED IN SUBSECTION (2)(j)(I) OF THIS SECTION
45 THAT OCCURS BETWEEN FACILITY PERSONNEL, INCLUDING WHEN THE
46 ALLEGED PERPETRATOR IS A SUPERIOR OR SUPERVISOR OF FACILITY
47 PERSONNEL; AND
48 (B) AN INCIDENT INVOLVING THE USE OF A DANGEROUS WEAPON,
49 REGARDLESS OF WHETHER FACILITY PERSONNEL ARE INJURED BY THE
50 WEAPON.
51 (III) "WORKPLACE VIOLENCE" DOES NOT INCLUDE AN ACT OF
52 SELF-ADVOCACY THAT IS WITHIN AN INDIVIDUAL'S LEGAL RIGHT TO
53 PURSUE, INCLUDING WHEN AN INDIVIDUAL THREATENS TO PURSUE LEGAL
54 ACTION OR TO FILE A GRIEVANCE OR COMPLAINT WITH A REGULATORY OR
55 ACCREDITATION BODY.
56
1 (k) "WORKPLACE VIOLENCE PREVENTION PROGRAM" OR
2 "PROGRAM" MEANS A PROGRAM OR PLAN DEVELOPED IN ACCORDANCE
3 WITH SUBSECTION (3) OF THIS SECTION TO PREVENT, MITIGATE, AND
4 RESPOND TO ACTS OF WORKPLACE VIOLENCE OR THREATS OF WORKPLACE
5 VIOLENCE AT A FACILITY.
6 (3) Workplace violence prevention program. (a) EACH
7 FACILITY SHALL ESTABLISH A WORKPLACE VIOLENCE PREVENTION
8 PROGRAM THAT IS LED BY AN INDIVIDUAL DESIGNATED BY THE FACILITY
9 AND IS DEVELOPED BY A MULTIDISCIPLINARY TEAM.
10 (b) A FACILITY'S WORKPLACE VIOLENCE PREVENTION PROGRAM
11 MUST:
12 (I) ESTABLISH WRITTEN POLICIES AND PROCEDURES TO PREVENT,
13 MITIGATE, AND RESPOND TO INCIDENTS OF WORKPLACE VIOLENCE, WHICH
14 POLICIES AND PROCEDURES MUST BE REVIEWED AND EVALUATED AT LEAST
15 ANNUALLY;
16 (II) ESTABLISH A STANDARDIZED AND STREAMLINED PROCESS FOR
17 FACILITY PERSONNEL, PATIENTS, AND VISITORS TO REPORT INCIDENTS OF
18 WORKPLACE VIOLENCE THAT:
19 (A) ALLOWS AT LEAST SEVEN DAYS TO COMPLETE AN INCIDENT
20 REPORT FILING;
21 (B) CONSISTENTLY PROVIDES ADMINISTRATIVE SUPPORT TO
22 FACILITY PERSONNEL TO ENSURE THEIR ABILITY TO RESPOND TO INTERNAL
23 AND EXTERNAL REQUIREMENTS FOR REPORTING WORKPLACE VIOLENCE;
24 (C) ENABLES FACILITY PERSONNEL, WHEN REPORTING AN INCIDENT
25 OF WORKPLACE VIOLENCE THROUGH THE FACILITY'S EXISTING
26 OCCURRENCE REPORTING SYSTEMS, TO REPORT THE INCIDENT WITHOUT
27 DISCLOSING A PATIENT'S, FACILITY PERSONNEL MEMBER'S, OR
28 VOLUNTEER'S PERSONALLY IDENTIFIABLE INFORMATION; AND
29 (D) ALLOWS FOR THE ANALYSIS OF WORKPLACE VIOLENCE
30 INCIDENTS AND TRENDS;
31 (III) INCLUDE A PROCESS TO FOLLOW UP WITH AND SUPPORT
32 FACILITY PERSONNEL AND WITNESSES AFFECTED BY AN INCIDENT OF
33 WORKPLACE VIOLENCE, INCLUDING TRAUMA AND PSYCHOLOGICAL
34 COUNSELING, IF NECESSARY; AND
35 (IV) REQUIRE REPORTING OF WORKPLACE VIOLENCE INCIDENTS
36 AND UPDATES TO THE WORKPLACE VIOLENCE PREVENTION PROGRAM TO
37 THE FACILITY'S GOVERNING BODY.
38 (4) Annual worksite analysis. (a) THE MULTIDISCIPLINARY TEAM
39 THAT LEADS A FACILITY'S WORKPLACE VIOLENCE PREVENTION PROGRAM
40 SHALL CONDUCT AN ANNUAL WORKSITE ANALYSIS TO DETERMINE
41 WHETHER THERE ARE WORKPLACE VIOLENCE SAFETY AND SECURITY RISKS
42 AT THE FACILITY. A FACILITY SHALL TAKE ACTIONS TO MITIGATE OR
43 RESOLVE WORKPLACE VIOLENCE SAFETY AND SECURITY RISKS BASED ON
44 FINDINGS FROM THE ANALYSIS AND AS REFLECTED IN THE PROGRAM.
45 (b) THE ANALYSIS CONDUCTED PURSUANT TO THIS SUBSECTION (4)
46 MUST:
47 (I) BE BASED ON INDIVIDUAL PRACTICE SETTINGS, INCLUDING
48 SPECIFIC ATTRIBUTES OF A PRACTICE SETTING; AND
49 (II) ANALYZE STAFFING, INCLUDING INDIVIDUAL STAFFING
50 PATTERNS AND PATIENT CLASSIFICATIONS, EMERGENCY RESPONSE
51 PROTOCOLS, SECURITY PERSONNEL AVAILABILITY, AND SECURITY RISKS
52 ASSOCIATED WITH SPECIFIC UNITS OR PROGRAMS IN A FACILITY.
53 (5) Monitoring, reporting, and investigating incidents. (a) A
54 FACILITY'S MUTLIDISCIPLINARY TEAM SHALL ESTABLISH A PROCESS FOR
1 CONTINUALLY MONITORING FOR, INTERNAL REPORTING OF, AND
2 INVESTIGATING INCIDENTS OF WORKPLACE VIOLENCE INVOLVING
3 PATIENTS, FACILITY PERSONNEL, OR OTHERS WITHIN THE FACILITY.
4 (b) AS PART OF THE PROCESS ESTABLISHED PURSUANT TO THIS
5 SUBSECTION (5), THE TEAM SHALL CONDUCT QUARTERLY REVIEWS OF
6 INCIDENTS OF WORKPLACE VIOLENCE THAT OCCURRED AT THE FACILITY IN
7 THE IMMEDIATELY PRECEDING QUARTER AND DOCUMENT ANY UPDATES TO
8 THE WORKPLACE VIOLENCE PREVENTION PROGRAM THAT RESULT FROM
9 THE REVIEW. THE TEAM SHALL ACCEPT ANY INFORMATION ON INCIDENTS
10 OF WORKPLACE VIOLENCE AT THE FACILITY FROM FACILITY PERSONNEL,
11 PATIENTS, OR OTHERS.
12 (6) Training, education, and resources. (a) AS PART OF ITS
13 WORKPLACE VIOLENCE PREVENTION PROGRAM, A FACILITY SHALL PROVIDE
14 ANNUAL TRAINING, EDUCATION, AND RESOURCES TO FACILITY
15 LEADERSHIP, INCLUDING THE MEMBERS OF THE GOVERNING BOARD, AND
16 FACILITY PERSONNEL. IN ADDITION TO PROVIDING THE TRAINING,
17 EDUCATION, AND RESOURCES ANNUALLY, THE FACILITY SHALL PROVIDE
18 TRAINING, EDUCATION, AND RESOURCES:
19 (I) WITHIN NINETY DAYS AFTER ANY CHANGES OR UPDATES ARE
20 MADE REGARDING THE WORKPLACE VIOLENCE PREVENTION PROGRAM;
21 AND
22 (II) (A) FOR FACILITY PERSONNEL, WHEN INITIALLY HIRED,
23 CONTRACTED, OR AUTHORIZED TO PROVIDE HEALTH-CARE OR OTHER
24 SERVICES AT THE FACILITY; AND
25 (B) FOR MEMBERS OF FACILITY LEADERSHIP AND OF THE
26 GOVERNING BOARD, WHEN THE MEMBER IS APPOINTED TO THE LEADERSHIP
27 OR GOVERNING BOARD POSITION.
28 (b) A FACILITY'S TEAM SHALL DETERMINE THE ASPECTS OF
29 TRAINING THAT ARE APPROPRIATE FOR INDIVIDUALS BASED ON THEIR
30 ROLES, RESPONSIBILITIES, AND PRACTICE SETTING.
31 (c) THE TRAINING, EDUCATION, AND RESOURCES MUST ADDRESS
32 PREVENTION OF, RECOGNITION OF, RESPONSE TO, RECOVERY FROM, AND
33 REPORTING OF WORKPLACE VIOLENCE AS FOLLOWS:
34 (I) AN EXPLANATION OF WHAT CONSTITUTES WORKPLACE
35 VIOLENCE AND AN OVERVIEW OF THE FACILITY'S WORKPLACE VIOLENCE
36 PREVENTION PROGRAM;
37 (II) EDUCATION ON THE ROLES AND RESPONSIBILITIES OF FACILITY
38 LEADERSHIP, CLINICAL STAFF, SECURITY PERSONNEL, AND EXTERNAL LAW
39 ENFORCEMENT;
40 (III) TRAINING IN DE-ESCALATION, NONPHYSICAL INTERVENTION
41 SKILLS, PHYSICAL INTERVENTION TECHNIQUES, AND RESPONSE TO
42 EMERGENCY INCIDENTS;
43 (IV) THE PROCESS FOR REPORTING INCIDENTS OF WORKPLACE
44 VIOLENCE; AND
45 (V) TRAINING IN VIOLENCE PREDICTING BEHAVIORS AND
46 INFORMATION ON HOW TO INTERACT WITH PATIENTS WITH SPECIFIC
47 HEALTH CONDITIONS, TRAUMA-INFORMED CARE, AND STRATEGIES TO
48 PREVENT HARM.
49 (d) THE TRAINING MUST ALSO INCLUDE:
50 (I) INFORMATION ABOUT RIGHTS AND RESPONSIBILITIES UNDER THE
51 "WORKERS' COMPENSATION ACT OF COLORADO", ARTICLES 40 TO 47 OF
52 TITLE 8, INCLUDING:
53 (A) THE REQUIREMENT FOR A FACILITY TO REPORT AN INJURY
54 SUSTAINED DURING THE COURSE AND SCOPE OF EMPLOYMENT TO THE
1 DIVISION OF WORKERS' COMPENSATION IN THE DEPARTMENT OF LABOR
2 AND EMPLOYMENT AND THE TIME BY WHICH A FACILITY MUST REPORT THE
3 INJURY;
4 (B) THE TIME FRAME WITHIN WHICH AND THE FORM IN WHICH
5 FACILITY PERSONNEL MUST REPORT AN INJURY TO THE FACILITY, THE
6 CONSEQUENCES FOR FAILING TO REPORT AN INJURY WITHIN THE SPECIFIED
7 TIME FRAME, AND THE STATUTE OF LIMITATIONS FOR FILING A CLAIM FOR
8 BENEFITS;
9 (C) INFORMATION ABOUT HOW AND WHERE TO FILE A CLAIM FOR
10 BENEFITS, INCLUDING THE ABILITY TO FILE A CLAIM DIRECTLY WITH THE
11 DIVISION OF WORKERS' COMPENSATION;
12 (D) INFORMATION ABOUT THE ABILITY OF FACILITY PERSONNEL TO
13 CHOOSE A MEDICAL OR BEHAVIORAL HEALTH PROVIDER WHEN RECEIVING
14 SERVICES; AND
15 (E) INFORMATION ABOUT ELIGIBILITY FOR BENEFITS, INCLUDING
16 THAT FACILITY PERSONNEL PROVIDING SERVICES UNDER A CONTRACT
17 WITH A FACILITY MAY BE ELIGIBLE FOR COVERAGE UNDER THE FACILITY'S
18 WORKERS' COMPENSATION INSURANCE; AND
19 (II) INFORMATION ABOUT RIGHTS AND RESPONSIBILITIES UNDER
20 THE "PAID FAMILY AND MEDICAL LEAVE INSURANCE ACT", PART 5 OF
21 ARTICLE 13.3 OF TITLE 8, INCLUDING INFORMATION ABOUT ELIGIBILITY
22 FOR LEAVE AND BENEFITS UNDER THE ACT.
23 (7) Availability of policies and procedures. A FACILITY SHALL
24 MAKE WORKPLACE VIOLENCE POLICIES AND PROCEDURES AVAILABLE TO
25 FACILITY PERSONNEL.
26 (8) Responding to workplace violence incidents. EACH FACILITY
27 SHALL HAVE AND USE A STANDARDIZED APPROACH TO RESPONDING TO
28 INCIDENTS OF WORKPLACE VIOLENCE THAT IS BASED ON THE FOLLOWING
29 PRINCIPLES:
30 (a) EACH INCIDENT OF WORKPLACE VIOLENCE MUST BE ADDRESSED
31 INDIVIDUALLY, TAKING INTO CONSIDERATION THE SPECIFIC
32 CIRCUMSTANCES OF THE INCIDENT;
33 (b) THE RESPONSE TO THE INCIDENT BY INDIVIDUALS IN
34 LEADERSHIP POSITIONS OR WHO ARE OTHERWISE AUTHORIZED TO RESPOND
35 ON BEHALF OF THE FACILITY MUST INCLUDE ENGAGEMENT WITH FACILITY
36 PERSONNEL WHO ARE IMPACTED BY AN INCIDENT OF WORKPLACE
37 VIOLENCE IN A MANNER THAT DEMONSTRATES THE FACILITY'S
38 COMMITMENT TO OPEN AND AUTHENTIC COMMUNICATION, TO
39 INTENTIONAL COLLABORATION IN DETERMINING A MEANINGFUL RESPONSE
40 TO THE INCIDENT AND ITS EFFECTS ON THE WORKPLACE AND FACILITY
41 PERSONNEL, AND TO ASCERTAINING APPROPRIATE STAFFING
42 ALTERNATIVES FOR FACILITY PERSONNEL IMPACTED BY THE INCIDENT;
43 (c) FACILITY PERSONNEL MUST BE SUPPORTED IN OBTAINING ANY
44 MENTAL HEALTH AND HEALTH-CARE SERVICES NEEDED TO RECOVER FROM
45 AN INCIDENT OF WORKPLACE VIOLENCE, WHICH MAY INCLUDE PAID TIME
46 OFF, PEER SUPPORT, CARE COORDINATION, AND TIME AND SPACE TO MAKE
47 DECISIONS ABOUT AVAILABLE OPTIONS FOR THE INDIVIDUAL MEMBER OF
48 FACILITY PERSONNEL; AND
49 (d) THE FACILITY MUST ADJUST PATIENT CARE ASSIGNMENTS TO
50 THE EXTENT PRACTICABLE IN ORDER TO PREVENT A MEMBER OF FACILITY
51 PERSONNEL FROM TREATING OR PROVIDING SERVICES TO A PATIENT WHO
52 HAS INTENTIONALLY PHYSICALLY ABUSED OR THREATENED THE MEMBER
53 OF FACILITY PERSONNEL.
54 (9) Prohibited acts. (a) A FACILITY SHALL NOT DISCOURAGE
55 FACILITY PERSONNEL FROM EXERCISING THEIR RIGHT TO CONTACT OR FILE
1 A REPORT WITH LAW ENFORCEMENT OR ANY REGULATORY BODY
2 REGARDING AN INCIDENT OF WORKPLACE VIOLENCE.
3 (b) A PERSON SHALL NOT DISCIPLINE, INCLUDING BY SUSPENSION
4 OR TERMINATION OF EMPLOYMENT, DISCRIMINATE AGAINST, OR RETALIATE
5 AGAINST ANOTHER PERSON WHO:
6 (I) IN GOOD FAITH REPORTS AN INCIDENT OF WORKPLACE
7 VIOLENCE;
8 (II) ADVISES A MEMBER OF FACILITY PERSONNEL OF THE MEMBER'S
9 RIGHT TO REPORT AN INCIDENT OF WORKPLACE VIOLENCE; OR
10 (III) CHOOSES TO NOT REPORT AN INCIDENT OF WORKPLACE
11 VIOLENCE TO LAW ENFORCEMENT.
1 12 (10) Reporting. (a) BY JULY 1, 2025, AND BY EACH JULY
13 THEREAFTER, EACH FACILITY SHALL SUBMIT AN ANNUAL REPORT OF
14 WORKPLACE VIOLENCE INCIDENTS TO THE BHA IN A MANNER DETERMINED
15 BY THE BHA. REPORTS MUST INCLUDE, AT A MINIMUM:
16 (I) THE FACILITY AND LOCATION WITHIN THE FACILITY WHERE AN
17 INCIDENT OCCURRED;
18 (II) THE TYPE OF WORKPLACE VIOLENCE INCIDENT, SUCH AS
19 WHETHER IT WAS STAFF ON STAFF, PATIENT ON STAFF, OR OTHER
20 INDIVIDUAL AT THE FACILITY ON STAFF;
21 (III) THE NATURE OF THE WORKPLACE VIOLENCE INCIDENT, SUCH
22 AS SEXUAL, PHYSICAL, OR A THREAT, AND WHETHER THE INCIDENT
23 RESULTED IN BODILY INJURY OR OTHER PHYSICAL OR PSYCHOLOGICAL
24 TRAUMA; AND
25 (IV) THE STAFF-TO-PATIENT RATIO AT THE TIME OF THE INCIDENT.
1 26 (b) STARTING JANUARY 1, 2026, AND BY EACH JANUARY
27 THEREAFTER, AFTER REMOVING ANY PERSONALLY IDENTIFIABLE
28 INFORMATION, THE BHA SHALL EITHER:
29 (I) PUBLISH A COMPREHENSIVE REPORT ON INCIDENTS OF
30 WORKPLACE VIOLENCE BY FACILITY AND TYPE OF INJURY AND MAKE
31 AVAILABLE TO THE PUBLIC, UPON REQUEST, DISAGGREGATED
32 INFORMATION SUBMITTED BY FACILITIES PURSUANT TO SUBSECTION
33 (10)(a) OF THIS SECTION; EXCEPT THAT THE BHA SHALL NOT RELEASE
34 INFORMATION IDENTIFYING A SPECIFIC FACILITY BY NAME OR ANY
35 IDENTIFIABLE INFORMATION ABOUT INDIVIDUALS INVOLVED IN AN
36 INCIDENT OF WORKPLACE VIOLENCE; OR
37 (II) SEND THE FACILITY REPORTS TO THE DEPARTMENT OF PUBLIC
38 HEALTH AND ENVIRONMENT FOR INCLUSION IN THE COMPREHENSIVE
39 REPORT PUBLISHED IN ACCORDANCE WITH SECTION 25-3-905 (2).
40 (11) Alternative compliance method. A FACILITY THAT
41 COMPLIES WITH THE REQUIREMENTS OF AN ALTERNATIVE CREDENTIALING
42 OR LICENSING AGENCY THAT ARE SUBSTANTIALLY SIMILAR TO THE
43 REQUIREMENTS OF SUBSECTIONS (3) TO (7) OF THIS SECTION SHALL BE
44 DEEMED TO BE IN COMPLIANCE WITH SUBSECTIONS (3) TO (7) OF THIS
45 SECTION.
46 SECTION 4. Act subject to petition - effective date. This act
47 takes effect September 1, 2024; except that, if a referendum petition is
48 filed pursuant to section 1 (3) of article V of the state constitution against
49 this act or an item, section, or part of this act within the ninety-day period
50 after final adjournment of the general assembly, then the act, item,
51 section, or part will not take effect unless approved by the people at the
52 general election to be held in November 2024 and, in such case, will take
53 effect on the date of the official declaration of the vote thereon by the
54 governor.".
55
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