Safe-Patient Handling
New York State Initiatives

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Bills Introduced in 2011

A01370 Enacts the the New York State Safe Patient Handling Act
S00217 Creates the New York State Safe Patient Handling Task Force
S02470 Enacts the the New York State Safe Patient Handling Act



Read the Support Memo from the NYS AFL-CIO

Read the Support Memo from the NYS Zero Lift Task Force

Read the Support Memo from CSEA


Safe-Patient Handling
Federal Legislation Initiative

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Federal Legislation



Safe-Patient Handling
Summary of State Initiatives

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California (SB1204)

Senate Bill 1204 has been vetoed by Governor Schwarzenegger for the third time in three years. To review the bill or the specific wording of the veto, visit
http://www.leginfo.ca.gov/bilinfo.html and search for Bill 1204.

Connecticut (HB5740)

House Bill 5740, supported by Connecticut Nurses Association, would require written ergonomics policies and procedures to protect employees. For details, visit http://ehscenter.bna.com/pic2/ehs.nsf/id/BNAP-6NTF8X?OpenDocument

Florida (HB1177 and SB2244)

House Bill 1177 and Senate Bill 2244 both died in committee. For details, visit
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillID=33408&

Hawaii (HCR 16)

The Hawaii Legislature has adopted House Concurrent Resoluation 16 for the Legislature of the State of Hawaii to support the policies contained in the American Nurses Association's (ANA) Handle with Care Campaign. Requires that copies of the resolution be provided to the Council of State Governments' Health Capacity Task Force and the ANA. Cites statistics documenting the pervasiveness of musculoskeletal disorders as an occupational hazard for nurses and lists aspects of the campaign through the resolution. For details, visit
http://www.capitol.hawaii.gov/session2006/status/HCR16.asp


Illinois (HB 4558 and SB2692)

House Bill 4558 and Senate Bill 2692 are currently under consideration.
For details, visit
http://ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=4558&GAID=8&SessionID=50&LegID=22851
and
http://ilga.gov/legislation/BillStatus.asp?DocNum=2692&GAID=8&GA=94&DocTypeID=SB&LegID=23638&SessionID=50

Iowa (HB HF 635)

House Bill House File 635, currently under consideration, would establish
and implement protocols to minimize manual patient handling by individual nurses. Visit http://nxtsearch.legis.state.ia.us/NXT/gateway.dll?qt=&f=templates&xhitlist_d=safe+patient+handling&fn=default.htm&xhitlist_d=curleg

Massachusetts (HB2662)

House Bill 2662 is currently under consideration. For more details, visit
http://www.mass.gov/legis/bills/house/ht02pdf/ht02662.pdf

Minnesota (HF 122)
Signed into Law on May 25, 2007
Safe Patient Handling Law

- By July 1, 2008, every licensed health care facility in the state shall adopt a written safe patient handling policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing manual lifting of patients by nurses and other direct patient care workers by utilizing safe patient handling equipment.

- By July 1, 2008, every licensed health care facility in the state shall establish a safe patient handling committee either by creating a new committee or assigning the functions of a safe patient handling committee to an existing committee. Committee functions are outlined in the law.

- The program shall address:

• assessment of hazards with regard to patient handling;(/li>
  the acquisition of an adequate supply of appropriate safe patient handling equipment;


• initial and ongoing training of nurses and other direct patient care workers on the use of this equipment;


• procedures to ensure that physical plant modifications and major construction projects are consistent with program goals; and


• periodic evaluations of the safe patient handling program.

Wording of Minnesota's Safe Patient Handling Act follows below and may also be read online at the Minnesita State Legislature website.

http://www.http://www.leg.state.mn.us/leg/legis.asp. Enter "HF"122 in the House of Representatives "Enter Bill number" search box and click "go".

New Jersey (HB A3028 and S1758
As Introduced March 21, 2006

House Bill A3028 and Senate Bill 1758 are currently under consideration. Visit http://www.njleg.state.nj.us/bills/BillsByNumber.asp and enter the bill number.

New York Safe Patient Handling Demonstration Project (Chap.738)
As Enacted October 18, 2005

- Available to any general hospital, nursing home, long term care facility, or home health agency licensed by the state.

- Enables health care providers to apply for funding and participation in the demonstration program.

- Participating providers must:

• Establish a safe-patient handling program including targeting of selected patient populations;


• Create culture that strives to avoid manual patient handling;


• Maintain detailed written description of the program, and provide such description to the Department of Health, the health and safety committee, healthcare workers or to their designated representative.

- The program must include:

• Risk identification and assessment;


• Risk exposure control plan;


• Training for healthcare workers who perform patient handling
  in identifying risks;


• Enumerates requirements of reporting, such as an injury log;


• Input from healthcare workers who provide direct patient care, at least half of whom shall be nurses.

Ohio (HB 67)

Ohio House Bill 67 created an interest-free loan program available to nursing homes to purchase lift equipment or create safe lifting policies. Visit http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_67_EN

Rhode Island (S2760 A)
Safe Patient Handling Act of 2006
Enacted July 7, 2006

The Safe Patient Handling Act of 2006, S 2760 Substitute A, Section 1, Title 23, Chapter 80 of the General Laws took effect January 1, 2007.

For the full text of the act, visit
http://www.rilin.state.ri.us/PublicLaws/law06/law06353.htm


Texas (SB 1525)
Signed into Law on June 17, 2005
First Safe Patient Handling Legislation in U.S.

- The law took effect January 1, 2006 and applies to all nurses and nursing assistants in all hospitals and nursing homes in the State of Texas.

- The governing body of a hospital or the quality assurance committee of a nursing home are required to adopt and assure implementation of a policy to identify, assess, and develop strategies to control risk of injury to nurses and patients associated with the lifting, transferring, repositioning, or movement of a patient.

- The safe patient handling policy must include a process that, at a minimum, includes:

• analysis of the risk of injury to nurses/nursing assistants and patients due to patient handling and the physical environment in which patient handling and movement occurs;


• education of nurses/nursing assistants in the identification, assessment, and control of risks of injury;


• evaluation of alternative ways to reduce risks associated with patient handling, including evaluation of equipment and the environment;


• restriction, to the extent feasible with existing equipment and aids, of manual patient handling or movement of all or most of the patient's weight to emergency, life-threating, or other exceptional circumstances;


• collaboration with an annual report to the nurse staffing committee;


• procedures for nurses/nursing assistants to refuse to perform or be involved in patient handling or movement that they believe in good faith will expose a patient or themselves to an unacceptable risk of injury;


• submission of an annual report to the governing body on activities related to the identification, assessment, and development of strategies to control risk of injury to patients and nurses/nursing assistants associated with patient handling; and


• consideration be given to the feasibility of incorporating patient handling equipment or the physical space needed to incorporate that equipment at a later date when developing architectural plans for constructing or remodeling a hospital or nursing home.

Washington State (HB 1672)
Signed into Law on March 8, 2006
Safe Patient Handling Law

- The law applies to all hospitals in Washington State, including public district hospitals, private not-for-profit and for-profit hospitals, and three state hospitals for the mentally ill.

- By February 1, 2007, all hospitals must establish a Safe Patient Handling Committee comprised of at least 50% frontline non-managerial employees who provide direct care to patients. The purpose of the Committee is to design and recommend the process for the implementation of a Safe Patient Handling Program.

- By December 1, 2007, all hospitals must establish a Safe Patient Handling Program The program must include:

• Implementing a safe patient handling policy for all units and shifts;


• Conducting patient handling hazard assessments;


• Developing a process to identify the appropriate use of the safe patient handling policy based on the patient's physical and medical condition and the availability of lift equipment or lift teams;


• Conducting annual performance evaluations to determine the effectiveness in reducing musculoskeletal disorder claims and related lost work days, and to make recommendations for improvements;


• Consider the feasibility of incorporating patient handling equipment or physical space needed to incorporate it when developing architectural plans.

- By January 30, 2010, all hospitals must complete, at a minimum, the acquisition of their choise of:

• one lift per acute care unit on the same floor unless the Committee determines that a lift is unnecessary;


• one lift for every ten acute care available inpatient beds;


• equipment for use by lift teams.

- Hospitals are required to train staff on policies, equipment and devices at least annually.

- The law also provides for procedures for hospital employees to refuse to perform, without fear of reprisal, patient handling or movement which the employee believes in good faith would expose a patient or employee to an unacceptable risk of injury.

- Hospitals will be assisted financially with implementation of safe patient handling programs by reduced workers' compensation premiums and tax credits covering the cost of purchasing mechanical lifting or other patient handling devices. The Department of Revenue will handle the tax credit for the acquisition of equipment, and The Department of Labor and Industries will develop rules to provide for a reduced workers' compensation premium for hospitals that implement a safe patient handling program.

- The State of Washington Department of Health has oversight of the non-State hospitals' implementation of the law, while the Department of Social and Health Services oversees the State-owned facilities.

Wisconsin

To review this grant program or view the current list of grantees under the Wisconsin Department of Workforce Development's Safe Lifting Initiative, visit http://www.jsonline.com/story/index.aspx?"