Attachment 5 POL-003 Security and Law Enforcement Program 8-24-2021.pdf

SECURITY AND LAW ENFORCEMENT PROGRAM

MCP POL-003

Omaha VA Medical Center Omaha, NE 68105

Signatory Authority:

Eileen Kingston, Acting Director

Responsible Owner:

Police and Security Service

Rescinded Document:

POL-003, SECURITY AND LAW

ENFORCEMENT PROGRAM

January 25, 2019

Effective Date:

August 24, 2021

Recertification Date:

August 24, 2026

1. POLICY

The purpose is to state policy, assign responsibility and provide procedures and regulations applicable to all employees, beneficiaries, and visitors of this health care facility to ensure security and to affect proper Law Enforcement. The instructions in this memorandum are mandatory requirements that are designed to provide and maintain a system of safeguards for the protection of all persons interacting within the health care facility. Separate standard operating procedures (SOP) specifically for VA Police Officers have been established. The Health Care System Director is responsible for the administration of the Security and Law Enforcement Program.

2. JUSTIFICATION

It is the policy of this health care system that Police, and Security Service provide Security and Law Enforcement services that are legally correct and consistent with the mission of the Department of Veterans Affairs (VA). This health care system, under concurrent jurisdiction with the state of Nebraska, shall be subject to all federal and state laws, directives, and regulations. All Nebraska-Western Iowa Health Care System (NWIHCS) policies are in accordance with the provisions contained in VA regulations.

3. RESPONSIBILITIES

a. The Director is responsible for providing persons on federal property with the same degree of protection they enjoy on state property through maintaining an effective Policing and Physical Security Program. VA Police Officers fulfill this responsibility.

b. The Director is responsible for assuring arrest authority is granted only to duly qualified, competent officers and to suspend that authority anytime that competency is in question

c. The Chief, Police and Security Service, is responsible for the enforcement of the Security and Law Enforcement Program and has full technical responsibility for the policing, physical security, and public services at this facility.

Attachment 5

August 24, 2021 MCP???

d. VA Police Officers are responsible for active patrols of buildings and grounds to ensure the safety and well-being of both private and public property and of persons at this facility.

e. All managers and supervisors are responsible for compliance with these requirements. The reporting of thefts, incidents, crimes, and abuse of government property.

f. Employees are responsible for obeying all federal laws, state laws, local laws, VA regulations, directives and NWIHCS policies; reporting all incidents of unlawful activity and breaches of facility regulations to VA Police; and taking all necessary precautionary measures to ensure the safety and security of persons and property under their care.

Employees are responsible for the safeguarding of government of personal equipment against abuse or loss by properly securing all doors, drawers and doors of cabinets, or personal lockers. The VA Police will notify appropriate managers when rooms are found unlocked after normal administrative hours.

g. Employees, volunteers, students, and contractors are required to wear their PIV badge above the waist with the picture facing outward while on duty.

h. All vendors are required to check in through Reptrax using their mobile device and transmitting the information using Bluetooth technology to an electronic badge provided by Reptrax/Intellicentrics. If the vendor is unable to check in by mobile device, they may proceed to the Reptrax Administrator’s office to check in and obtain a temporary paper Reptrax badge, or in the event administrator is not available, vendor may check in at the kiosk near the front lobby as a last resort. The vendor will wear the electronic badge or temporary paper Reptrax badge during their visit. Vendors are responsible for maintaining all documentation and education within the Reptrax system to obtain the temporary Reptrax ID badge in electronic or paper form. If vendors are unable to satisfy the requirements for registration with the Reptrax system, they will not be authorized access

i. Employees, students, vendors, guests, and contractors are required to provide personal identifying information to VA Police Officers when requested as part of an official investigation of furtherance of a law enforcement matter.

4. PROCEDURES:

a. Title 38, U.S. Code, Chapter 9, authorizes the Secretary of Veterans Affairs to maintain law and order, protect persons and property, and make needful regulations on lands and in buildings under the control of VA.

b. Title 38, U.S. Code of Federal Regulations, Part 2.6 (8) To authorize Directors of Department of Veterans Affairs property and facilities under the charge and control of the Department of Veterans Affairs to appoint police officers with the power to enforce Federal laws and Department of Veterans Affairs regulations, to investigate violations of those laws and to arrest for crimes committed on Department of Veterans Affairs property to the full extent provided by Department policies and procedures.

c. NWIHCS employees on or within VA property or being transported in a government vehicle are bound by all federal rules, regulations and NWIHCS policies.

Any breach of these regulations or any failure to obey the instructions of a VA Police officer may result in disciplinary action, a court fine or arrest and incarceration in a city, state, or federal prison facility.

d. Having concurrent jurisdiction, civil, state, and federal authorities shall have law enforcement privileges at this health care facility. However, all Law Enforcement proceedings should be coordinated through VA Police and Security Service. If acceptable to Law Enforcement officials, any action toward employees will be coordinated through the Health Care System Director and/or designee.

e. Arrests affected by VA Police Officers will be made in accordance with VA Handbook 0730/1 and 0730/4, dated August 20, 2004 and March 29, 2013, respectively.

f. The Health Care System Director designates police personnel and other employees to be armed for official purposes and certified as qualified by the Department of Veterans Affairs. Except for members of Law Enforcement agencies of municipal, county, state and federal governments when on official visits to this stations in “duty status,” no persons on or entering this facility will be permitted to retain in his/her possession firearms, guns, weapons, ammunition, explosives, or incendiary devices.

Any item classified as a potentially dangerous weapon, for which a reasonable purpose for possession cannot be established, is similarly prohibited.

g. Privately owned firearms, guns, knives, and dangerous weapons will be surrendered to the Police and Security Service for either evidence or safekeeping. Items will be placed in storage under double locked barrier controls. A check for wants/warrants will be conducted through the National Crime Information Center on all confiscated firearms. Cleared weapons will be returned to the patient or visitor upon discharge or departure if his/her condition permits acceptance of the weapons.

h. The VA Police will not unlock doors unless arrangements have been made by the service manager, nursing coordinator or for emergency situations to include patient care.

i. In the event of an emergency and to ensure the orderly conduct of government business and patient care, the Director or their designee may close the property or a portion of the property to the public.

j. If the Director or their designee directs that the property or portion of the property be closed to the public, the following action will be taken immediately by the VA Police:

1.) Discontinue visitation. (See attachment A for the current business hours schedules for Omaha, Lincoln, and Grand Island).

2.) Control entrances to facility buildings by monitoring (police or manpower pool) or locking.

3.) Alert Local Law Enforcement agencies of the possible need for assistance.

4.) Direct patients to treatment areas.

5.) Direct visitors to designated area.

6.) Close the Pharmacy to the public.

7.) Require that all authorized persons entering or remaining in the facility sign a register (except Law Enforcement or fire personnel).

8.) Identification of all personnel entering or remaining in the facility will be in accordance with established health care system policy.

9.) Disallow photography or tape recordings of events taking place on VA controlled property unless authorized by the Director or their authorized representative. The Public Affairs Office will be notified in the event the media is on station. The Public Affairs Officer will coordinate any requests for interviews, dissemination of information to the media or provide public service announcements.

10.) Make physical arrests as necessary to prevent injury to patients, visitors, and employees or to prevent damage to personal or government property.

11.) In emergencies, only the Director or their designee will arrange to meet with a spokesman for those persons creating a disturbance.

12.) In the event traffic flow needs to be diverted, government vehicles will be used to block off the driveway(s) until such time as barricades can be installed.

An employee will remain with the vehicle in the event it needs to be moved to provide direction.

13.) VA police will escort, upon request, employees, patients, and guests to their vehicles after hours.

14.) Notify the Public Affairs Office of the impending closure, reasons for closing, expected duration, specific actions to be taken and expected impact on patients, guests, and public access.

5. SCOPE: The Security and Law Enforcement Program is designed to:

a. Prevent trespassing, theft, injury to persons, and damage or defacement of Government property.

b. Preserve peace, order, and protect the rights of all individuals entering upon this facility’s property.

c. Prevent any person on or entering this facility from retaining in his/her possession firearms, guns, weapons, ammunition, explosives, or incendiary devices except for members of Law Enforcement agencies on official visits.

d. Control parking and vehicular traffic.

e. Ensure adherence to VA rules and regulations, to ensure the health and safety of all persons entering these premises.

6. REFERENCES:

Title 18 United States Code (USC), Crimes and Criminal Procedure Title 21 USC, Chapter 13, Drug Abuse Prevention and Control Title 38 USC, Section 1.218, Rules and Regulations Governing Security Law Enforcement and Standards of Conduct on Department of Veterans Affairs Property VA Directive 0730, VA Handbook 0730, 0730/1, 0730/3, 0730/4 and 0730/5 POL-001 – Traffic and Parking Regulations 4-30-19 Joint Commission Standard HR.01.04.01 EP:7

7. RESCISSIONS

POL-001, Security and Law Enforcement Program, January 25, 2019, is rescinded.

8. REVIEW

This policy will be reviewed, at minimum at recertification and when there are changes to the governing documents (see references), a national policy or a health care accreditation body mandate.

9. RECERTIFICATION

This MCP is scheduled for recertification on or before the last working day of March 3, 2026. This MCP will continue to serve as local policy until it is recertified or rescinded. In the event of contradiction with national policy, the national policy supersedes and controls.

10. RECORDS MANAGEMENT

All records regardless of format (e.g., paper, electronic, electronic systems) created by this directive shall be managed per the National Archives and Records Administration

(NARA) approved records schedules found in VA Records Control Schedule 10-1.

Questions regarding any aspect of records management should be addressed to the appropriate Records Manager or Records Liaison.

11. SIGNATORY AUTHORITY

/es/

EILEEN KINGSTON, DPN, MPA, BSN, RN, NE-BC

Acting Director Date Approved:

NOTE: The signature remains valid until rescinded by an appropriate administrative action.

DISTRIBUTION: Emailed to NWIHCS executive committee and department managers.

LINK is available on SharePoint.

CONCURRING OFFICIALS:

Associate Director Associate Director for Patient Care Services Site Manager (GI) Site Manager (LN)

AFGE 2270

AFGE 2601

AFGE 2219

Public Affairs Emergency Management

ATTACHMENT A

NEBRASKA-WESTERN IOWA HEALTH CARE SYSTEM (NWIHCS) VISITATION

REQUIREMENTS

NWIHCS respects the patient’s right to make decisions about his or her care, treatment, and services, and to involve the patient’s family in care, services, and treatment decisions to the extent permitted by the patient or surrogate decision-maker. “Family” is defined as a group of two or more persons united by blood, or adoptive, marital, domestic partnership, or other legal ties. The family may also be a person or persons not legally related to the individual (such as a significant other, friend or caregiver) whom the individual considers to be family. A family member may be the surrogate decision-maker, as defined in VHA Handbook 1004.02, if authorized to make care decisions for the individual, should he or she lose decision-making capacity. NWIHCS allows a family member, friend or other individual to be present with the patient for emotional support during the course of the stay. NWIHCS allows for the presence of a support individual of the patient’s choice unless the individual’s presence infringes on others’ rights or safety or is medically or therapeutically contraindicated. The individual may or may not be the patient’s surrogate decision-maker or legally authorized representative. NWIHCS prohibits discrimination based on age, race, ethnicity, religion, culture, language, physical or mental disability, socioeconomic status, sex, sexual orientation, and gender identity or expression.

OMAHA DIVISION

Visiting hours at the Omaha VA are open for all wards other than Ward 10 East.

Overnight visitors:

• Should the clinical condition of the patient warrant that family stay near, every effort will be made to assure the patient is in a room by themselves if space is available.

• Overnight visitors will be limited to TWO visitors with the patient.

• Each nursing unit will prepare a list of visitors on their floor for the nursing coordinator.

The Emergency Department entrance located at the west end of the First Floor will remain open 24 hours a day. The VA Police monitor this entrance.

All other exterior entrances will be locked at 5:00 p.m. The outpatient annex area will be locked at 5:00 p.m. All doors are opened at 5:00 a.m. except for the outpatient annex that is opened at 7:30 a.m. On Saturdays, Sundays, and holidays only the main entrance, doctor’s entrance and dock doors are unlocked.

GRAND ISLAND DIVISION

Business hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.

All public entrances will be locked by 10:00 p.m. Monday through Friday, excluding holidays.

All public entrances will be unlocked by 5:00 a.m.

All persons who wish entrance to the building after hours must enter the South-West (Covered) entrance and use the telephone direct dial to the VA Police.

LINCOLN DIVISION

Clinic is open at 7:00am to 5:00pm Monday through Friday except for Wednesday’s when the clinic closes at 6:30pm