2014 -- H 7365

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY -- SAFE PATIENT HANDLING

     

     Introduced By: Representatives Phillips, Casey, Abney, Gallison, and Shekarchi

     Date Introduced: February 06, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-17-59 of the General Laws in Chapter 23-17 entitled "Licensing

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of Health Care Facilities" is hereby amended to read as follows:

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     23-17-59. Safe patient handling. -- (a) Definitions. - As used in this chapter:

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      (1) "Safe patient handling" means the use of engineering controls, transfer aids, or

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assistive devices whenever feasible and appropriate instead of manual lifting to perform the acts

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of lifting, transferring, and/or repositioning health care patients and residents.

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      (2) "Safe patient handling policy" means protocols established to implement safe patient

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handling.

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      (3) "Health care facility" means a hospital or a nursing facility.

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      (4) "Lift team" means health care facility employees specially trained to perform patient

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lifts, transfers, and repositioning in accordance with safe patient handling policy.

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      (5) "Musculoskeletal disorders" means conditions that involve the nerves, tendons,

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muscles, and supporting structures of the body.

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      (b) Licensure requirements. - Each licensed health care facility shall comply with the

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following as a condition of licensure:

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      (1) Each licensed health care facility shall establish a safe patient handling committee,

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which shall be chaired by a professional nurse or other appropriate licensed health care

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professional. A health care facility may utilize any appropriately configured committee to

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perform the responsibilities of this section. At least half of the members of the committee shall be

 

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hourly, non-managerial employees who provide direct patient care.

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      (2) By July 1, 2007, each licensed health care facility shall develop a written safe patient

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handling program, with input from the safe patient handling committee, to prevent

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musculoskeletal disorders among health care workers and injuries to patients. As part of this

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program, each licensed health care facility shall:

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      (i) By July 1, 2008, implement a safe patient handling policy for all shifts and units of

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the facility that will achieve the maximum reasonable reduction of manual lifting, transferring,

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and repositioning of all or most of a patient's weight, except in emergency, life-threatening, or

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otherwise exceptional circumstances;

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      (ii) Conduct a patient handling hazard assessment. This assessment should consider such

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variables as patient-handling tasks, types of nursing units, patient populations, and the physical

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environment of patient care areas;

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      (iii) Develop a process to identify the appropriate use of the safe patient handling policy

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based on the patient's physical and mental condition, the patient's choice, and the availability of

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lifting equipment or lift teams. The policy shall include a means to address circumstances under

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which it would be medically contraindicated to use lifting or transfer aids or assistive devices for

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particular patients;

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      (iv) Designate and train a registered nurse or other appropriate licensed health care

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professional to serve as an expert resource, and train all clinical staff on safe patient handling

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policies, equipment, and devices before implementation, and at least annually or as changes are

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made to the safe patient handling policies, equipment and/or devices being used;

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      (v) Conduct an annual performance evaluation of the safe patient handling with the

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results of the evaluation reported to the safe patient handling committee or other appropriately

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designated committee. The evaluation shall determine the extent to which implementation of the

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program has resulted in a reduction in musculoskeletal disorder claims and days of lost work

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attributable to musculoskeletal disorder caused by patient handling, and include recommendations

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to increase the program's effectiveness; and

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      (vi) Submit an annual report to the safe patient handling committee of the facility, which

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shall be made available to the public upon request, on activities related to the identification,

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assessment, development, and evaluation of strategies to control risk of injury to patients, nurses

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and other health care workers associated with the lifting, transferring, repositioning, or movement

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of a patient.

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      (3) Nothing in this section precludes lift team members from performing other duties as

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assigned during their shift.

 

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      (4) An employee may, in accordance with established facility protocols, report to the

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committee, as soon as possible, after being required to perform a patient handling activity that

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he/she believes in good faith exposed the patient and/or employee to an unacceptable risk of

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injury. Such employee reporting shall not be cause for discipline or be subject to other adverse

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consequences by his/her employer. These reportable incidents shall be included in the facility's

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annual performance evaluation.

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     (b) A health care facility may use a posey restraint to restrain a patient to a bed or chair,

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provided such use is set forth and incorporated into the facility's safe patient handling policy.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- SAFE PATIENT HANDLING

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     This act would allow a health care facility to use a posey restraint to restrain a patient to a

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bed or chair.

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     This act would take effect upon passage.

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