HB1684 97TH GENERAL ASSEMBLY

LRB097 09868 RPM 50025 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1684

Introduced , by Rep. Lou Lang

SYNOPSIS AS INTRODUCED:

210 ILCS 85/6.25

Amends the Hospital Licensing Act. In the list of provisions to be incorporated into hospital policies regarding the risk of injury to patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a patient, includes (1) the primacy of maintaining patient dignity, self-determination, and choice and (2) consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment in conjunction with federal handling equipment or the physical space and construction design needed to incorporate that equipment and federal guidelines known as Access to Medical Care for Individuals With Mobility Disabilities. Makes other changes. Effective on January 1, 2012.

A BILL FOR

AN ACT concerning health facilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Hospital Licensing Act is amended by changing Section 6.25 as follows:

(210 ILCS 85/6.25)

Sec. 6.25. Safe patient handling policy.

(a) In this Section:

"Health care worker" means an individual providing direct patient care services who may be required to lift, transfer, reposition, or move a patient.

"Nurse" means an advanced practice nurse, a registered nurse, or a licensed practical nurse licensed under the Nurse Practice Act.

(b) A hospital must adopt and ensure implementation of a policy to identify, assess, and develop strategies to control risk of injury to patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a patient. The policy shall establish a process that, at a minimum, includes all of the following:

(1) The primacy of maintaining patient dignity, self-determination, and choice.

(1.5) (1) Analysis of the risk of injury to patients and nurses and other health care workers documented posted by the patient handling needs of the patient populations served by the hospital and the physical environment in which the patient handling and movement occurs.

(2) Education of direct patient care workers nurses in the identification, assessment, and control of risks of injury to patients and nurses and other health care workers during patient handling.

(3) Evaluation of alternative ways to reduce risks associated with patient handling, including evaluation of equipment and the environment in light of applicable federal guidelines.

(4) Restriction, to the extent feasible with federally-required existing equipment and aids, of manual patient lifting, handling, or movement of all or most of a patient's weight unless the patient or patient's legal representative provides informed consent and a trained safe-lifting team and policy is present and available except for emergency, life-threatening, or otherwise exceptional circumstances.

(5) Collaboration with and an annual report to the nursing administrators nurse staffing committee.

(6) Procedures for a nurse to refuse to perform or be involved in patient handling or movement that the nurse in good faith believes will expose a patient or nurse or other health care worker to an unacceptable risk of injury, but only when a trained safe-lifting team and policy and safe equipment are present and available.

(7) Submission of an annual report to the hospital's governing body or quality assurance committee on activities related to the identification, assessment, and development of strategies to control risk of injury to patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a patient.

(8) In developing architectural plans for construction or remodeling of a hospital or unit of a hospital in which patient handling and movement occurs, consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment.

(9) Consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment in conjunction with federal handling equipment or the physical space and construction design needed to incorporate that equipment and federal guidelines known as Access to Medical Care for Individuals With Mobility Disabilities or subsequently enacted federal regulations or subsequently adopted federal guidelines, incorporated by reference, when developing architectural plans for construction or remodeling of a hospital or unit of a hospital in which patient handling and movement occurs.

(Source: P.A. 96-389, eff. 1-1-10; 96-1000, eff. 7-2-10.)

Section 99. Effective date. This Act takes effect January 1, 2012.