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:

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

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

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

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

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

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

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

handling.

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

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

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

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

muscles, and supporting structures of the body.

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

following as a condition of licensure:

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

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

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

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

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

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

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

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

program, each licensed health care facility shall:

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

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

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

otherwise exceptional circumstances;

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

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

environment of patient care areas;

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

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

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

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

particular patients;

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

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

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

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

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

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

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

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

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

to increase the program's effectiveness; and

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

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

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

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

of a patient.

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

assigned during their shift.

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

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

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

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

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

annual performance evaluation.

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

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

     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

bed or chair.

     This act would take effect upon passage.

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