A02047 Summary:

BILL NO    A02047A

SAME AS    Same as S 3839

SPONSOR    John (MS)

COSPNSR    Gottfried, DelMonte, Gabryszak, Hoyt, Peoples-Stokes, Schroeder,
           Galef, Englebright, Gunther, Schimel, Ramos, Spano, Camara, Clark,
           Ortiz, Barron, Gibson

MLTSPNSR   Alessi, Barra, Destito, Hooper, Meng

Add Art 29-D Title 4 SS2999-g - 2999-l, Pub Health L; add S6510-f, Ed L

Creates the New York state safe patient handling task force.

A02047 Actions:

BILL NO    A02047A

01/15/2009 referred to health
04/06/2009 amend and recommit to health
04/06/2009 print number 2047a
06/15/2009 reported referred to codes
06/16/2009 reported referred to ways and means
01/06/2010 referred to health

A02047 Votes:

A02047 Memo:

BILL NUMBER:A2047A

TITLE OF BILL:  An act to amend the public health law and the education
law, in relation to a safe patient handling policy for health care
facilities

Purpose or General Idea of Bill:  To create a Statewide Safe Patient
Handling policy for all health care facilities in New York State.

Summary of Specific provisions:  Section 1 adds a new title 4 to article
29-d of the public health law. The bill creates an eleven member New
York State Safe Patient Handling Task Force within the Department, of
Health, which includes the composition of the task force and its powers
and duties. The bill requires that a report identifying Safe Patient
Handling Program elements and recommendations to the Commissioner of
Health by July 1, 2010.

The Commissioner of Health in consultation with the task force shall
promulgate rules and regulations for a statewide safe patient handling
policy to be made available to all health care facilities by January 1,
2011.

Requires all facilities covered by this act to file a plan for compli-
ance with the Department of Health by July 1, 2011 that must be accepted
by the Department of Health by January 1, 2012.

Requires all covered facilities to establish Safe Patient Handling
Committees to assist with compliance and training requirements of the
statewide policy.

Section 2 adds a new section 6510-e to the education law stating that a
nurse's refusal to engage in patient handling not consistent with the
state safe patient handling policy shall not be considered professional
misconduct. The section pertains to refusal of a licensed or unlicensed
health care workers refusal to engage in patient handling not consistent
with the state safe patient handling policy shall not be considered
professional misconduct.

Justification:  Safe Patient Handling uses the latest technology to
assist patients with movement. The -old- method of manual lifting can
cause patients fear, anxiety and discomfort, not to mention it increases
the chance of slips, falls and drops. Patients can also develop skin
tears and bruising due to manual lifting. For patients, the safe patient
handling program improves safety and comfort, reduces the risk of falls,
drops, skin tears and bruising, reduces fear and anxiety, gives
residents/patients greater satisfaction of their care, makes
residents/patients more independent, increases dignity, improves urinary
continence and makes patients more ambulatory. For Health care workers,
safe patient handling programs reduce injuries, decrease pain and muscle
fatigue, decrease lost work days, decreases overtime, increases morale
and job satisfaction. For health care facilities, safe patient handling
programs increase the quality of care for patients, increases employees

retention rates, reduces injuries to workers, which reduces worker
compensation claims, lost days and lawsuits.

Legislative History:  A.11484 of 2008: reported to Ways & Means

Fiscal Implications: To be determined

Effective Date:  This act shall take effect 120 days after it shall have
become a law.