Preparation Guidelines by Paragraph – AB 2975 – CA

California Assembly Bill (AB) 2975, requires California hospitals licensed pursuant to subdivision (a), (b), or (f) of Section 1250 of the Health and Safety Code, except as exempted by subdivision (e), to comply with standards developed by the Division of Occupational Safety and Health no longer than 90 days after the standards are amended and adopted by the Occupational Safety & Health Standards Board (OSHSB) by March 1, 2027.

AB 2795 Preparation Guidelines by Paragraph

Paragraph (1) (A): A requirement that a hospital implement a weapons detection screening policy that requires the use of weapons detection devices that automatically screen a person’s body, as described in clause (iii), at the hospital’s main public entrance, at the entrance to the hospital’s emergency department, and at the hospital’s labor and delivery entrance if separately accessible to the public.

Preparation Guidelines for Paragraph (1) (A): 1. Develop and implement a weapons detection screening policy that requires the use of weapons detection devices that automatically screen a person’s body. 2. Seek advice from weapons detection system manufacturers and providers to explore all available options for weapons detection devices that automatically screen a person’s body. This is important because the AB 2975 requirement that “[t]he standards board shall define the list of applicable security mechanisms, devices, or technologies that meet the standard in this subparagraph” including devices “as described in clause (iii),” have yet to be defined, adopted, and published by the Occupational Safety & Health Standards Board (OSHSB). Prior preparation in anticipation of the standard is necessary because the standard is mandated to be adopted by March 1, 2027. 3. Obtain weapons detection system provider best practice screening policies that are based on past experience and implementation that approximate similar deployment of weapons detection devices that automatically screen a person’s body in environments similar to those found in the hospital preparing to meet AB 2975 requirements. 4. Request an onsite demo of weapons detection systems at the hospital’s (a) main public entrance, (b) at the entrance to the hospital’s emergency department, and (c) at the hospital’s labor and delivery entrance if separately accessible to the public to to ensure the systems will operate to their full potential in the actual environment at each entrance. This is important because space limitations, metal doors, elevators, and other permanent fixtures can influence the operation of weapons detection systems. 5. Consider how well each unit can be integrated into the hospital’s security plan based on the following capabilities of each weapons detection system: a. Possible interference with medical devices. b. Automatic scanning capability. c. Scanning precision. d. Mobility / Portability. e. Ease of operation. f. Training of security personnel to operate the weapons detection system. g. Training of security personnel to respond to weapons detected. h. Placement in each entrance to ensure maximum performance. i. Flow capacity. j. Integration with IT systems, Cameras, Security Operations Center, etc. k. Maintenance. l. Warranty. ———–

Paragraph (1) (A) (i): For purposes of this paragraph, a weapons detection screening policy shall include security mechanisms, devices, or technology designed to screen and identify instruments capable of inflicting death or serious bodily injury.

Preparation Guidelines for Paragraph (1) (A) (i): Begin developing a weapons detection screening policy that includes: a. Security mechanisms. b. Devices or technology designed to screen, and c. Identification of instruments capable of inflicting death or serious bodily injury. ———–

Paragraph (1) (A) (ii): The use of handheld metal detector wands, while they may be used in connection with other weapons detection devices, may not be the sole equipment used. This clause does not apply to the following: (I) Small and rural hospitals. (II) Entrances with existing spacing limitations where the use of a weapons detection device other than a handheld metal detector wand would result in a violation of the standards in Title 24 of the California Code of Regulations. (III) Hospitals that exclusively provide extended hospital care to patients with complex medical and rehabilitative needs, such as hospitals that are currently federally certified as long-term care hospitals or inpatient rehabilitation facilities.

Preparation Guidelines for Paragraph (1) (A) (ii): Ensure in the security policy that the use of handheld metal detector wands, while they may be used in connection with other weapons detection devices, are not the sole equipment used. ———–

Paragraph (1) (A) (iii): The standards board shall define the list of applicable security mechanisms, devices, or technologies that meet the standard in this subparagraph.

Preparation Guidelines for Paragraph (1) (A) (iii): Contingency plan to meet the standard by reviewing applicable security mechanisms, devices, or technologies that may meet the standard when adopted in this subparagraph. ———–

Paragraph (1) (B): For purposes of this paragraph, the following definitions shall apply: (i) “Main public entrance” means a singular entrance, as designated by the hospital, that serves as the primary point of access that patients and visitors use to enter the main hospital building. (ii) “Small and rural hospital” has the same meaning as in subdivision (d) of Section 130076 of the Health and Safety Code for purposes of the Small and Rural Hospital Relief Program.

Preparation Guidelines for Paragraph (1) (B): (i) Determine which entrances fit the criteria as a “main public entrance that serves as the primary point of access that patients and visitors use to enter the main hospital building.” Prepare to install weapons detection devices in all entrances that fall under the “main public entrance” designation. (ii) Determine whether a hospital is a “Small and rural hospital” as defined in subdivision (d) of Section 130076 of the Health and Safety Code for purposes of the Small and Rural Hospital Relief Program, and prepare to install weapons detection devices in accordance with AB 2975 if the hospital does not fall under the “Small and rural hospital” category. ———–

Paragraph (1) (C): The requirement described in this paragraph may not apply to the ambulance entrance.

Preparation Guidelines for Paragraph (1) (C): Be prepared to deploy weapons detection devices in the ambulance entrance if the ambulance entrance is determined to apply to this requirement (1) (C) paragraph. ———–

Paragraph (2) (A): A requirement that a hospital assign appropriate personnel, other than a health care provider, who meet training standards described in subparagraph (C), to implement the weapon detection screening policy, including the monitoring and operation of the weapons detection devices at each specified public entrance at all times the entrance is open to the public.

Preparation Guidelines for Paragraph (2) (A): Explore weapons detection personnel training programs that are certified to meet the training standards described in subparagraph (C), to implement the weapon detection screening policy, including the monitoring and operation of the weapons detection devices at each specified public entrance at all times the entrance is open to the public. Training programs offered by weapons detection device manufacturers and providers often offer such training programs associated with their weapons detection technology. ———–

Paragraph (2) (B): A “health care provider” includes any health care professional licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.

Preparation Guidelines for Paragraph (2) (B): Review the definition of a “health care provider” which includes any health care professional licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. ———–

Paragraph (2) (C) (i): A hospital shall implement training for personnel responsible for implementing the weapons detection screening policy that includes a minimum of eight hours of training on all of the following: (I) The hospital’s policies and procedures on how to respond if a dangerous weapon is detected at the point of screening. (II) How to operate the hospital’s weapons detection devices. (III) Deescalation. (IV) Implicit bias.

Preparation Guidelines for Paragraph (2) (C) (i): Explore training packages offered by qualified weapons detection manufacturers and providers that are selected to provide weapons detection devices who can also help implement training for personnel responsible for implementing the weapons detection screening policy that includes a minimum of eight hours of training on all of the following: (I) The hospital’s policies and procedures on how to respond if a dangerous weapon is detected at the point of screening. (II) How to operate the hospital’s weapons detection devices. (III) Deescalation. (IV) Implicit bias. ———–

Paragraph (2) (C) (ii): A hospital shall determine how the training described in this subparagraph is satisfied. The training topics described in clause (i) may be satisfied individually and on separate occasions or through one comprehensive training course, provided that the total amount of training received meets the minimum amount of time required in this subparagraph.

Preparation Guidelines for Paragraph (2) (C) (ii): Begin the process of determining how the training described in this subparagraph (2) (C) (ii) will be satisfied. Note the training topics described in clause (i) may be satisfied individually and on separate occasions or through one comprehensive training course, provided that the total amount of training received meets the minimum amount of time required in this subparagraph. Explore weapons detection device manufacturer training programs that accompany deployment of their weapons detection devices. ———–

Paragraph (2) (D): No one other than trained personnel who have completed the requirements in subparagraph (C) shall search personal belongings at any hospital entrance or confiscate weapons if the hospital’s policies include weapons confiscation by trained personnel.

Preparation Guidelines for Paragraph (2) (D): Ensure the security policy includes provisions that “No one other than trained personnel who have completed the requirements in subparagraph (C) shall search personal belongings at any hospital entrance or confiscate weapons if the hospital’s policies include weapons confiscation by trained personnel.” Ensure enforcement of this policy upon commencement of weapons detection scanning if the hospital’s policies include weapons confiscation by trained personnel. ———–

Paragraph (3) (A): A provision permitting a hospital to exclude current hospital employees or health care providers who enter a hospital wearing an identification badge bearing their name and title from undergoing weapons detection screening as described in subparagraph (A) of paragraph (1) of this subdivision.

Preparation Guidelines for Paragraph (3) (A): Ensure the security policy includes a provision permitting a hospital to exclude current hospital employees or health care providers who enter a hospital wearing an identification badge bearing their name and title from undergoing weapons detection screening as described in subparagraph (A) of paragraph (1) of this subdivision. ———–

Paragraph (3) (B): A requirement that the weapons detection screening policy include reasonable protocols addressing how the hospital will respond if a dangerous weapon is detected and reasonable protocols for alternative search and screening for patients, family, or visitors who refuse to undergo weapons detection device screening.

Preparation Guidelines for Paragraph (3) (B): Ensure the weapons detection screening policy includes reasonable protocols addressing how the hospital will respond if a dangerous weapon is detected and reasonable protocols for alternative search and screening for patients, family, or visitors who refuse to undergo weapons detection device screening. Weapons detection manufacturers and providers often have template protocols that address how the hospital should respond if a dangerous weapon is detected and reasonable protocols for alternative search and screening for patients, family, or visitors who refuse to undergo weapons detection device screening. Leveraging these templates that may be obtained through subscription to associated training programs can save time and expense. ———–

Paragraph (3) (C): If an individual triggers the weapons detection device, the individual shall have the right to leave the facility with the object and the right to return without the object and without being denied entry to the facility solely for the reason of previously possessing the detected object.

Preparation Guidelines for Paragraph (3) (C): Include the the security policy, a provision that addresses proper handling of an incident in which an individual triggers the weapons detection device that ensures the individual will have the right to leave the facility with the object and the right to return without the object and without being denied entry to the facility solely for the reason of previously possessing the detected object. ———–

Paragraph (4): A requirement that a hospital post, in a conspicuous location in a size and manner determined by the standards board, within reasonable proximity of any public entrances where weapons detection devices are utilized, a notice advising the public that the hospital conducts screenings for weapons upon entry but that no person shall be refused medical care, pursuant to the federal Emergency Medical Treatment and Active Labor Act (EMTALA).

Preparation Guidelines for Paragraph (4): Ensure the security policy includes a requirement that a hospital post, in a conspicuous location in a size and manner determined by the standards board, within reasonable proximity of any public entrances where weapons detection devices are utilized, a notice advising the public that the hospital conducts screenings for weapons upon entry but that no person shall be refused medical care, pursuant to the federal Emergency Medical Treatment and Active Labor Act (EMTALA). ———–

Paragraph (5): The division shall set an effective date that is no longer than 90 days after the standard is adopted for hospitals to comply with the requirements of this subdivision.

Preparation Guidelines for Paragraph (5): Note the division shall set an effective date that is no longer than 90 days after the standard is adopted for hospitals to comply with the requirements of this subdivision. Be prepared to execute weapons detection deployment and active scanning no longer than 90 days after the standard is adopted for hospitals which is mandated to occur no later than March 1, 2027.

Disclaimer: The information provided above, and contained in this web site, is organized by David Gilberts for general informational purposes to help hospital security teams and administrators find information. Citations are provided to the original sources. No information presented on this page or published on this web site is, or is intended to be, legal advice. The content is not intended to be a substitute for professional legal counsel, and should not be relied upon as such. The law is complex and changes frequently, and its application varies depending on the specific facts and circumstances. Anyone seeking legal advice or assistance should consult with a qualified attorney licensed to practice law in their jurisdiction. This information does not create an attorney-client relationship between you and the author. We disclaim all liability for any actions you take or fail to take based on the information provided.