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A02180 Summary:

BILL NO    A02180C

SAME AS    SAME AS S01123-C

SPONSOR    Gunther (MS)

COSPNSR    Gottfried, Weprin, Ramos, Pretlow, Crespo, Barrett, Robinson, Cahill,
           Jaffee, Englebright, Peoples-Stokes, Skartados, Lifton, Cymbrowitz,
           Glick, Weisenberg, Dinowitz, Skoufis, Titone, Rosenthal, Steck, Ryan,
           Roberts, Zebrowski, Kellner, Moya, Abbate, Lavine, Kim, Abinanti,
           Scarborough, Otis, Mosley, Aubry, O'Donnell, Curran, Goldfeder,
           Hennessey, Santabarbara, Stirpe, Colton, Cusick

MLTSPNSR   Arroyo, Benedetto, Borelli, Braunstein, Brennan, Brindisi, Bronson,
           Brook-Krasny, Buchwald, Camara, Ceretto, Clark, Cook, Crouch,
           DenDekker, DiPietro, Fahy, Farrell, Galef, Garbarino, Giglio, Graf,
           Heastie, Hevesi, Hooper, Jacobs, Johns, Kearns, Lentol, Lupardo,
           Lupinacci, Magee, Magnarelli, Markey, Mayer, McDonough, McKevitt,
           Miller, Millman, Montesano, Nolan, Paulin, Perry, Quart, Ra, Raia,
           Rivera, Rozic, Russell, Schimel, Sepulveda, Simanowitz, Simotas,
           Solages, Stec, Sweeney, Tedisco, Thiele, Walter, Weinstein, Wright

Add Art 29-D Title 1-A SS2997-g - 2997-l, Pub Health L; add S6510-f, Ed L

Enacts the safe patient handling act to establish a statewide safe patient
handling policy for health care facilities in the state; creates the statewide
safe patient handling work group.
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A02180 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2180--C
                                                               Cal. No. 120

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. GUNTHER, GOTTFRIED, WEPRIN, RAMOS, PRETLOW, CRES-
         PO,  BARRETT,  ROBINSON,  CAHILL, JAFFEE, ENGLEBRIGHT, PEOPLES-STOKES,
         SKARTADOS, LIFTON, CYMBROWITZ, GLICK, WEISENBERG,  DINOWITZ,  SKOUFIS,
         TITONE,  ROSENTHAL,  STECK,  RYAN,  ROBERTS, ZEBROWSKI, KELLNER, MOYA,
         ABBATE, LAVINE,  KIM,  ABINANTI,  SCARBOROUGH,  OTIS,  MOSLEY,  AUBRY,
         O'DONNELL, CURRAN, ROSA, GOLDFEDER, HENNESSEY, SANTABARBARA, STIRPE --
         Multi-Sponsored  by  --  M. of A. ARROYO, BENEDETTO, BORELLI, BOYLAND,
         BRAUNSTEIN,  BRENNAN,  BRINDISI,  BRONSON,   BROOK-KRASNY,   BUCHWALD,
         CAMARA,  CERETTO,  CLARK,  COLTON,  COOK, CROUCH, DenDEKKER, DIPIETRO,
         FAHY, FARRELL, GALEF, GARBARINO, GIGLIO, GRAF, HEASTIE, HEVESI,  HOOP-
         ER,  JACOBS, JOHNS, KEARNS, LENTOL, LUPARDO, LUPINACCI, MAGEE, MAGNAR-
         ELLI, MARKEY, MAYER, McDONOUGH, McKEVITT, MILLER, MILLMAN,  MONTESANO,
         NOLAN,  PAULIN,  PERRY, QUART, RA, RAIA, RIVERA, ROZIC, RUSSELL, SCHI-
         MEL, SEPULVEDA, SIMANOWITZ, SIMOTAS, SOLAGES, STEC, SWEENEY,  TEDISCO,
         THIELE,  WALTER,  WEINSTEIN,  WRIGHT  -- read once and referred to the
         Committee on Health -- committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee -- reported and
         referred  to  the  Committee  on Codes -- reported and referred to the
         Committee on Ways and Means -- reported from committee, advanced to  a
         third  reading,  amended and ordered reprinted, retaining its place on
         the order of third reading -- advanced to a third reading, amended and
         ordered reprinted, retaining its place on the order of third reading

       AN ACT to amend the public health law and the education law, in relation
         to a safe patient handling policy for health care facilities

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  This  act  shall  be  known and may be cited as the "safe
    2  patient handling act".
    3    S 2. Article 29-D of the public health law is amended by adding a  new
    4  title 1-A to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02301-10-4
       A. 2180--C                          2

    1                                  TITLE 1-A
    2                        SAFE PATIENT HANDLING POLICY
    3  SECTION 2997-G. LEGISLATIVE INTENT.
    4          2997-H. DEFINITIONS.
    5          2997-I. STATEWIDE SAFE PATIENT HANDLING WORK GROUP.
    6          2997-J. STATEWIDE SAFE PATIENT HANDLING POLICY.
    7          2997-K. HEALTH CARE FACILITY SAFE PATIENT HANDLING COMMITTEES.
    8          2997-L. ENFORCEMENT.
    9    S  2997-G.  LEGISLATIVE  INTENT.  THE  LEGISLATURE  HEREBY  FINDS  AND
   10  DECLARES THAT IT IS IN THE PUBLIC INTEREST TO  ENACT  A  STATEWIDE  SAFE
   11  PATIENT  HANDLING  POLICY  FOR HEALTH CARE FACILITIES IN NEW YORK STATE.
   12  WITHOUT SAFE PATIENT HANDLING LEGISLATION,  IT  IS  PREDICTED  THAT  THE
   13  DEMAND  FOR  NURSING  SERVICES  WILL  EXCEED THE SUPPLY BY NEARLY THIRTY
   14  PERCENT BY THE YEAR TWO THOUSAND TWENTY THUS DECREASING THE  QUALITY  OF
   15  HEALTH  CARE  IN  NEW  YORK STATE.   THERE ARE MANY BENEFITS THAT CAN BE
   16  DERIVED FROM SAFE PATIENT HANDLING PROGRAMS.   PATIENTS BENEFIT  THROUGH
   17  IMPROVED  QUALITY  OF  CARE  AND QUALITY OF LIFE BY REDUCING THE RISK OF
   18  FALLS, BEING DROPPED, FRICTION BURNS, SKIN TEARS AND BRUISES. CAREGIVERS
   19  BENEFIT FROM THE REDUCED RISK OF CAREER ENDING AND DEBILITATING INJURIES
   20  LEADING TO INCREASED MORALE, IMPROVED JOB SATISFACTION AND LONGEVITY  IN
   21  THE  PROFESSION.  HEALTH CARE FACILITIES REALIZE A QUICK RETURN ON THEIR
   22  INVESTMENT THROUGH REDUCED WORKERS' COMPENSATION MEDICAL  AND  INDEMNITY
   23  COSTS,  REDUCED  LOST WORKDAYS AND IMPROVED RECRUITMENT AND RETENTION OF
   24  CAREGIVERS. ALL OF THIS WILL LEAD TO FISCAL IMPROVEMENT IN  HEALTH  CARE
   25  IN NEW YORK STATE.
   26    S 2997-H. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
   27    1.  "HEALTH  CARE  FACILITY"  SHALL  MEAN ANY INDIVIDUAL, PARTNERSHIP,
   28  ASSOCIATION, CORPORATION, LIMITED LIABILITY COMPANY  OR  ANY  PERSON  OR
   29  GROUP  OF  PERSONS  ACTING DIRECTLY OR INDIRECTLY ON BEHALF OF OR IN THE
   30  INTEREST OF AN EMPLOYER THAT PROVIDES HEALTH CARE SERVICES IN A FACILITY
   31  LICENSED OR OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT, TWENTY-EIGHT-A OF
   32  THIS CHAPTER, ARTICLE EIGHT OR TITLE EIGHT OF THE EDUCATION LAW, ARTICLE
   33  NINETEEN-G OF THE EXECUTIVE LAW, THE CORRECTION LAW, OR FACILITIES OPER-
   34  ATED BY THE STATE AS DEFINED IN ARTICLE SEVEN, THIRTEEN OR  NINETEEN  OF
   35  THE MENTAL HYGIENE LAW INCLUDING ANY FACILITY OPERATED BY THE STATE OR A
   36  PUBLIC BENEFIT CORPORATION AS DEFINED BY SECTION SIXTY-SIX OF THE GENER-
   37  AL  CONSTRUCTION  LAW;  PROVIDED THAT THE PROVISIONS OF THIS TITLE SHALL
   38  NOT APPLY TO ANY FACILITY OPERATED OR FUNDED  BY  ANY  MUNICIPAL  CORPO-
   39  RATION,  AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL LAW,  EXCEPT
   40  THAT SUCH PROVISIONS SHALL APPLY TO FACILITIES LICENSED OR  OPERATED  BY
   41  ANY  POLITICAL SUBDIVISION OF THE STATE PURSUANT TO ARTICLE TWENTY-EIGHT
   42  OR TWENTY-EIGHT-A OF THIS CHAPTER.
   43    2. "NURSE" SHALL MEAN A REGISTERED PROFESSIONAL NURSE  OR  A  LICENSED
   44  PRACTICAL  NURSE  AS  DEFINED  BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE
   45  EDUCATION LAW.
   46    3. "DIRECT CARE WORKER" SHALL MEAN  ANY  EMPLOYEE  OF  A  HEALTH  CARE
   47  FACILITY  THAT IS RESPONSIBLE FOR PATIENT HANDLING OR PATIENT ASSESSMENT
   48  AS A REGULAR OR INCIDENTAL  PART  OF  THEIR  EMPLOYMENT,  INCLUDING  ANY
   49  LICENSED OR UNLICENSED HEALTH CARE WORKER.
   50    4.  "EMPLOYEE  REPRESENTATIVE"  SHALL MEAN THE RECOGNIZED OR CERTIFIED
   51  COLLECTIVE BARGAINING AGENT FOR NURSES  OR  DIRECT  CARE  WORKERS  OF  A
   52  HEALTH CARE FACILITY.
   53    5. "SAFE PATIENT HANDLING" SHALL MEAN THE USE OF ENGINEERING CONTROLS,
   54  LIFTING  AND  TRANSFER  AIDS,  OR ASSISTIVE DEVICES, BY NURSES OR DIRECT
   55  CARE WORKERS TRANSFERRING AND REPOSITIONING OF HEALTH CARE PATIENTS  AND
   56  RESIDENTS IN HEALTH CARE FACILITIES.
       A. 2180--C                          3

    1    6. (A) "FACILITY SAFE PATIENT HANDLING POLICY" SHALL INCLUDE:
    2    (I) A WRITTEN POLICY STATEMENT; AND
    3    (II) MANAGEMENT COMMITMENT AND EMPLOYEE INVOLVEMENT; AND
    4    (III) COMMITTEES; AND
    5    (IV) A FACILITY SAFE PATIENT HANDLING PROGRAM.
    6    (B) "FACILITY SAFE PATIENT HANDLING PROGRAM" SHALL INCLUDE:
    7    (I) RISK ASSESSMENTS; AND
    8    (II) INCIDENT INVESTIGATION; AND
    9    (III)  RECOMMENDATIONS  REGARDING PROCUREMENT OF ENGINEERING CONTROLS,
   10  LIFTING AND TRANSFER AIDS OR ASSISTIVE DEVICES TO  ENSURE  SAFE  PATIENT
   11  HANDLING; AND
   12    (IV) EMPLOYEE TRAINING AND EDUCATION ON SAFE PATIENT HANDLING; AND
   13    (V) PROGRAM EVALUATION AND MODIFICATION.
   14    S  2997-I.  STATEWIDE SAFE PATIENT HANDLING WORK GROUP. 1. A STATEWIDE
   15  SAFE PATIENT HANDLING WORK GROUP IS HEREBY CREATED  WITHIN  THE  DEPART-
   16  MENT.  SUCH WORK GROUP SHALL CONSIST OF, AT MINIMUM, THE COMMISSIONER OR
   17  HIS  OR  HER DESIGNEE; THE COMMISSIONER OF LABOR OR HIS OR HER DESIGNEE;
   18  REPRESENTATIVES  OF  HEALTH  CARE  ORGANIZATIONS,  REPRESENTATIVES  FROM
   19  EMPLOYEE  ORGANIZATIONS  REPRESENTING  NURSES  AND  REPRESENTATIVES FROM
   20  EMPLOYEE ORGANIZATIONS REPRESENTING DIRECT CARE WORKERS; REPRESENTATIVES
   21  WHO ARE CERTIFIED ERGONOMIST EVALUATION SPECIALISTS AND  REPRESENTATIVES
   22  WHO HAVE EXPERIENCE IN OCCUPATIONAL HEALTH AND SAFETY.
   23    2.  WORK  GROUP  MEMBERS  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
   24  SERVICES, BUT SHALL BE REIMBURSED  FOR  ACTUAL  AND  NECESSARY  EXPENSES
   25  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   26    3.  THE  WORK  GROUP SHALL BE ESTABLISHED NO LATER THAN JANUARY FIRST,
   27  TWO THOUSAND FIFTEEN.
   28    4. THE WORK GROUP SHALL:
   29    (A) PREPARE A STATEWIDE POLICY STATEMENT OUTLINING THE REQUIREMENT  OF
   30  A  COMPREHENSIVE  SAFE PATIENT HANDLING PROGRAM TO BE IMPLEMENTED AT ALL
   31  HEALTH CARE FACILITIES, AS DEFINED IN SUBDIVISION ONE OF  SECTION  TWEN-
   32  TY-NINE  HUNDRED  NINETY-SEVEN-H  OF  THIS TITLE.   THE POLICY STATEMENT
   33  SHALL OUTLINE THE REQUIREMENTS FOR DEVELOPING AND  IMPLEMENTING  A  SAFE
   34  PATIENT  HANDLING  PROGRAM  THAT  MUST INCLUDE ALL ELEMENTS SPECIFIED IN
   35  SUBDIVISION SIX OF SECTION TWENTY-NINE HUNDRED  NINETY-SEVEN-H  OF  THIS
   36  TITLE;
   37    (B)  REVIEW  EXISTING  SAFE  PATIENT  HANDLING  PROGRAMS  OR POLICIES,
   38  INCLUDING DEMONSTRATION PROGRAMS PREVIOUSLY AUTHORIZED BY CHAPTER  SEVEN
   39  HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND FIVE;
   40    (C)  CONSULT  WITH  ANY  ORGANIZATION,  EDUCATIONAL INSTITUTION, OTHER
   41  GOVERNMENT ENTITY OR AGENCY OR PERSON;
   42    (D) IDENTIFY OR DEVELOP TRAINING MATERIALS AND PROCEDURES WITH  REGARD
   43  TO THE EQUIPMENT OR TECHNOLOGY RECOMMENDED BY THE STATEWIDE POLICY;
   44    (E) REVIEW RULES AND REGULATIONS PRIOR TO ADOPTION BY THE DEPARTMENT;
   45    (F) REVIEW AND UPDATE THE POLICY STATEMENT ON A BI-ANNUAL BASIS;
   46    (G)  SERVE  AS A RESOURCE FOR THE HEALTH CARE FACILITIES' SAFE PATIENT
   47  HANDLING COMMITTEES, PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-SEV-
   48  EN-K OF THIS TITLE;
   49    (H) ENGAGE IN CONSULTATION AND MAKE  RECOMMENDATIONS  RELATED  TO  THE
   50  FEASIBILITY  OF  ESTABLISHING  A  STATEWIDE SAFE PATIENT HANDLING POLICY
   51  APPLICABLE TO HEALTH CARE FACILITIES LICENSED OR  OPERATED  PURSUANT  TO
   52  ARTICLE THIRTY-SIX OF THIS CHAPTER; AND
   53    (I)  SUBMIT  A  REPORT TO THE COMMISSIONER BY JULY FIRST, TWO THOUSAND
   54  FIFTEEN IDENTIFYING SAFE PATIENT HANDLING PROGRAM ELEMENTS AND RECOMMEN-
   55  DATIONS OF SAFE PATIENT LIFTING EQUIPMENT, TECHNIQUES OR DEVICES.
       A. 2180--C                          4

    1    5. ALL STATE DEPARTMENTS, COMMISSIONS, AGENCIES AND PUBLIC AUTHORITIES
    2  SHALL PROVIDE THE WORK GROUP WITH ANY REASONABLY REQUESTED ASSISTANCE OF
    3  ADVICE IN A TIMELY MANNER.
    4    S  2997-J.  STATEWIDE  SAFE  PATIENT  HANDLING POLICY. 1. ON OR BEFORE
    5  JANUARY FIRST, TWO THOUSAND SIXTEEN THE  COMMISSIONER,  IN  CONSULTATION
    6  WITH THE WORK GROUP, SHALL PROMULGATE AND DISSEMINATE RULES, REGULATIONS
    7  AND  A  STATEWIDE SAFE PATIENT HANDLING POLICY TO HEALTH CARE FACILITIES
    8  COVERED BY THIS TITLE.
    9    2. THE STATEWIDE SAFE PATIENT HANDLING POLICY SHALL INCLUDE  RECOMMEN-
   10  DATIONS  REGARDING  THE APPROPRIATE UTILIZATION OF SAFE PATIENT HANDLING
   11  EQUIPMENT AND STRATEGIES;  AND  TO  FACILITATE  PATIENTS  AND  RESIDENTS
   12  REACHING  THE  HIGHEST  PRACTICAL  FUNCTIONAL LEVEL WHILE SIMULTANEOUSLY
   13  PROVIDING FOR THE SAFETY OF THE PATIENTS AND THE HEALTH CARE WORKER. THE
   14  STATEWIDE SAFE PATIENT HANDLING POLICY SHALL INCLUDE RECOMMENDED  STAND-
   15  ARDS WITH REGARD TO:
   16    (A)  THE  EQUIPMENT,  DEVICES  OR  TECHNOLOGY  TO BE CONSIDERED BY THE
   17  HEALTH CARE FACILITIES' SAFE PATIENT HANDLING  COMMITTEES,  PURSUANT  TO
   18  SUBDIVISION  TWO  OF  SECTION TWENTY-NINE HUNDRED NINETY-SEVEN-K OF THIS
   19  TITLE, AND THEIR USE BY A NURSE OR DIRECT CARE WORKER WHO IS ENGAGED  IN
   20  PATIENT HANDLING;
   21    (B)  THE  RATIO OF SUCH EQUIPMENT OR TECHNOLOGY BASED UPON THE TYPE OF
   22  FACILITY, THE NUMBER OF BEDS IN A FACILITY, THE NUMBER  OF  PATIENT-HAN-
   23  DLING  TASKS, TYPES OF CARE UNITS, PATIENT POPULATIONS, AND PATIENT CARE
   24  AREAS;
   25    (C) THE MINIMUM NUMBER OF DEVICES  TO  ENSURE  THAT  CURRENT  ASSESSED
   26  HAZARDS ARE ELIMINATED OR MITIGATED;
   27    (D)  ESTABLISHING  PROCEDURES  FOR  THE  SUBMISSION  AND  REPORTING OF
   28  COMPLIANCE BY EACH HEALTH CARE FACILITY COVERED BY THIS TITLE;
   29    (E) ESTABLISHING PROCEDURES FOR COMPLAINTS  OR  VIOLATIONS,  INCLUDING
   30  THE FILING PROCESS, REVIEW, AND EVALUATION AND CORRECTIVE ACTION OF SUCH
   31  COMPLAINTS;
   32    (F)  PROCEDURES  REGARDING  THE  MANAGEMENT  OF CIRCUMSTANCES THAT MAY
   33  RESULT IN UNSAFE PATIENT HANDLING; AND
   34    (G) APPROPRIATE  UTILIZATION  OF  ENGINEERING  CONTROLS,  LIFTING  AND
   35  TRANSFER AIDS OR ASSISTIVE DEVICES AS IT RELATES TO THE MOBILIZATION AND
   36  HANDLING  NEEDS OF PATIENTS AND RESIDENTS, INCLUDING WHETHER USE OF SUCH
   37  DEVICES IS CONSISTENT WITH A PATIENT'S OR RESIDENT'S  PLAN  OF  CARE  OR
   38  TREATMENT.
   39    3.  EACH  HEALTH  CARE FACILITY SHALL FILE WITH THE DEPARTMENT BY JULY
   40  FIRST, TWO THOUSAND SIXTEEN A DETAILED PLAN TO COMPLY WITH  THIS  TITLE.
   41  THE DEPARTMENT SHALL ACCEPT SUCH PLAN BY JULY FIRST, TWO THOUSAND SEVEN-
   42  TEEN. HOWEVER, EFFECTIVE JULY FIRST, TWO THOUSAND SEVENTEEN, EACH FACIL-
   43  ITY  AS  DEFINED  IN  SUBDIVISIONS TWO AND THREE OF SECTION TWENTY-EIGHT
   44  HUNDRED ONE OF THIS CHAPTER AND EACH  FACILITY  AS  DEFINED  IN  ARTICLE
   45  TWENTY-EIGHT-A  OF  THIS  CHAPTER  SHALL  KEEP ON FILE AT THE FACILITY A
   46  DETAILED PLAN TO COMPLY WITH THIS TITLE AND MAKE SUCH PLAN AVAILABLE  AT
   47  THEIR  ANNUAL  DEPARTMENT  SURVEY  AND UPON REQUEST TO THE FACILITY SAFE
   48  PATIENT HANDLING COMMITTEE ESTABLISHED PURSUANT TO  SECTION  TWENTY-NINE
   49  HUNDRED NINETY-SEVEN-K OF THIS TITLE.
   50    4.  GRANTS  TO APPROVED ORGANIZATIONS. (A) THE COMMISSIONER SHALL MAKE
   51  GRANTS WITHIN THE AMOUNTS APPROPRIATED TO APPROVED ORGANIZATIONS FOR THE
   52  PROVISION OF SERVICES OR EQUIPMENT RELATING TO THE IMPLEMENTATION OF THE
   53  SAFE PATIENT HANDLING ACT. SUCH SERVICES AND EQUIPMENT SHALL INCLUDE BUT
   54  NOT BE LIMITED TO:
   55    (I) TRAINING; AND
   56    (II) MECHANICAL LIFTS.
       A. 2180--C                          5

    1    (B) THE COMMISSIONER SHALL GIVE  NOTICE  AND  PROVIDE  OPPORTUNITY  TO
    2  SUBMIT  APPLICATIONS  TO  IMPLEMENT  SAFE  PATIENT HANDLING PROGRAMS. IN
    3  ORDER TO BE CONSIDERED FOR A GRANT TO IMPLEMENT A SAFE PATIENT  HANDLING
    4  PROGRAM APPLICANTS MUST SHOW EVIDENCE OF THE FOLLOWING:
    5    (I) FINANCIAL NEED;
    6    (II) A PLAN APPROVED BY THE DEPARTMENT; AND
    7    (III) PREVIOUS IMPLEMENTATION STRATEGIES.
    8    APPLICATIONS SHALL BE MADE ON FORMS PROVIDED BY THE COMMISSIONER.
    9    S  2997-K.  HEALTH  CARE FACILITY SAFE PATIENT HANDLING COMMITTEES. 1.
   10  EACH HEALTH CARE  FACILITY  SHALL  ESTABLISH  A  SAFE  PATIENT  HANDLING
   11  COMMITTEE EITHER BY CREATING A NEW COMMITTEE OR ASSIGNING THE POWERS AND
   12  DUTIES  TO  AN EXISTING COMMITTEE.   AT LEAST ONE-HALF OF THE MEMBERS OF
   13  THE SAFE PATIENT HANDLING COMMITTEE SHALL  BE  FRONTLINE  NON-MANAGERIAL
   14  NURSES OR DIRECT CARE WORKERS. AT LEAST ONE NON-MANAGERIAL NURSE AND ONE
   15  NON-MANAGERIAL  DIRECT CARE WORKER SHALL BE ON THE SAFE PATIENT HANDLING
   16  COMMITTEE.  IN HEALTH CARE FACILITIES WHERE A RESIDENT COUNCIL IS ESTAB-
   17  LISHED, AND WHERE FEASIBLE, AT LEAST ONE  MEMBER  OF  THE  SAFE  PATIENT
   18  HANDLING  COMMITTEE SHALL BE A REPRESENTATIVE FROM THE RESIDENT COUNCIL.
   19  THE COMMITTEE SHALL HAVE TWO CO-CHAIRS WITH ONE FROM MANAGEMENT AND  ONE
   20  FRONTLINE NON-MANAGERIAL NURSE OR DIRECT CARE WORKER.
   21    2.  THE  SAFE  PATIENT  HANDLING COMMITTEE SHALL: (A) SET CRITERIA FOR
   22  EVALUATION OF PATIENTS AND/OR RESIDENTS TO DETERMINE WHICH  LIFT  AND/OR
   23  REPOSITIONING  EQUIPMENT,  DEVICES OR TECHNOLOGY ARE TO BE USED; AND FOR
   24  PERFORMANCE OF RISK  ASSESSMENTS  OF  THE  ENVIRONMENT,  JOB  TASKS  AND
   25  PATIENT NEEDS;
   26    (B) ESTABLISH PROCEDURES TO ENSURE LIFT AND/OR REPOSITIONING EQUIPMENT
   27  IS SET UP, USED AND MAINTAINED ACCORDING TO MANUFACTURER'S INSTRUCTIONS;
   28    (C) PROVIDE INITIAL AND ON-GOING YEARLY TRAINING AND EDUCATION ON SAFE
   29  PATIENT  HANDLING  FOR  CURRENT  EMPLOYEES  AND NEW HIRES, AND ESTABLISH
   30  PROCEDURES TO ENSURE THAT RETRAINING FOR THOSE FOUND TO BE DEFICIENT  IS
   31  PROVIDED AS NEEDED;
   32    (D)  SET UP AND UTILIZE A PROCESS FOR INCIDENT INVESTIGATION AND POST-
   33  INVESTIGATION REVIEW WHICH MAY INCLUDE A PLAN OF CORRECTION  AND  IMPLE-
   34  MENTATION OF CONTROLS;
   35    (E)  MAKE  RECOMMENDATIONS  FOR THE ACQUISITION OF EQUIPMENT OR PROCE-
   36  DURES BEYOND THE MINIMUM STATE RECOMMENDATIONS;
   37    (F) PERFORM AN ANNUAL PROGRAM ASSESSMENT AND EVALUATION; AND
   38    (G) APPROPRIATE  UTILIZATION  OF  ENGINEERING  CONTROLS,  LIFTING  AND
   39  TRANSFER AIDS OR ASSISTIVE DEVICES AS IT RELATES TO THE MOBILIZATION AND
   40  HANDLING  NEEDS OF PATIENTS AND RESIDENTS, INCLUDING WHETHER USE OF SUCH
   41  DEVICES IS CONSISTENT WITH A PATIENT'S OR RESIDENT'S  PLAN  OF  CARE  OR
   42  TREATMENT.
   43    S  2997-L. ENFORCEMENT. 1. ANY NURSE OR DIRECT CARE WORKER OR EMPLOYEE
   44  REPRESENTATIVE WHO BELIEVES THE HEALTH CARE FACILITY  HAS  NOT  MET  THE
   45  STANDARDS  SET  FORTH IN THIS TITLE SHALL BRING THE MATTER TO THE ATTEN-
   46  TION OF THE HEALTH CARE FACILITY IN THE FORM OF  A  WRITTEN  NOTICE  AND
   47  SHALL  AFFORD  THE  HEALTH  CARE  FACILITY  A  REASONABLE OPPORTUNITY TO
   48  CORRECT SUCH DEFICIENCIES. SUCH WRITTEN  NOTICE  NEED  NOT  BE  PROVIDED
   49  WHERE THE NURSE OR DIRECT CARE WORKER OR EMPLOYEE REPRESENTATIVE REASON-
   50  ABLY  BELIEVES THAT THE FAILURE TO MEET STANDARDS OF THE FACILITY POLICY
   51  PRESENTS AN IMMINENT THREAT TO THE SAFETY OF A SPECIFIC NURSE OR  DIRECT
   52  CARE  WORKER,  OR  TO  THE GENERAL HEALTH OF A SPECIFIC PATIENT; IN SUCH
   53  INSTANCE THE NURSE OR DIRECT CARE WORKER SHALL MAKE A GOOD FAITH  EFFORT
   54  TO  ENSURE  PATIENT  SAFETY AND BRING THE MATTER TO THE ATTENTION OF THE
   55  FACILITY AND THE DEPARTMENT IN THE MANNER  SET  FORTH  IN  THE  FACILITY
   56  POLICY.
       A. 2180--C                          6

    1    2. IN THE EVENT THAT THE HEALTH CARE FACILITY RECEIVING WRITTEN NOTICE
    2  PURSUANT  TO  SUBDIVISION  ONE  OF THIS SECTION DOES NOT TAKE CORRECTIVE
    3  ACTION WITHIN SIXTY DAYS, OR IN THE EVENT THAT NOTICE OF  A  FAILURE  TO
    4  MEET  STANDARDS  IS  NOT  REQUIRED  PURSUANT  TO SUBDIVISION ONE OF THIS
    5  SECTION, A NURSE OR DIRECT CARE WORKER SHALL HAVE THE RIGHT TO REFUSE TO
    6  ENGAGE IN PATIENT HANDLING UNTIL THE HEALTH CARE FACILITY HAS ADEQUATELY
    7  ADDRESSED  THE  SPECIFIC  FAILURE TO MEET STANDARDS.  UPON REFUSAL, SUCH
    8  NURSE OR DIRECT CARE WORKER OR HIS OR HER REPRESENTATIVE  SHALL  FILE  A
    9  COMPLAINT  TO  THE  DEPARTMENT  IN THE MANNER SET FORTH IN THE STATEWIDE
   10  SAFE PATIENT HANDLING POLICY.
   11    3. NO EMPLOYER SHALL TAKE RETALIATORY  ACTION  AGAINST  ANY  NURSE  OR
   12  DIRECT CARE WORKER FOR RAISING CONCERNS OR ISSUES REGARDING SAFE PATIENT
   13  HANDLING, FILING A COMPLAINT OR REFUSING TO ENGAGE IN PATIENT HANDLING.
   14    4.  NURSES  AND DIRECT CARE WORKERS, AS DEFINED IN SECTION TWENTY-NINE
   15  HUNDRED NINETY-SEVEN-H OF THIS TITLE SHALL BE CONSIDERED  EMPLOYEES  FOR
   16  THE PURPOSES OF SECTION SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW.
   17    5.  THE  DEPARTMENT AND THE DEPARTMENT OF LABOR SHALL PUBLISH AND MAKE
   18  PUBLIC WHICH HEALTH CARE FACILITIES ARE IN COMPLIANCE WITH THIS TITLE.
   19    S 3. The education law is amended by adding a new  section  6510-f  to
   20  read as follows:
   21    S  6510-F.  FACILITY  SAFE PATIENT HANDLING POLICY.   THE REFUSAL OF A
   22  LICENSED OR UNLICENSED HEALTH CARE WORKER TO ENGAGE IN PATIENT  HANDLING
   23  WHICH IS NOT CONSISTENT WITH THE FACILITY'S SAFE PATIENT HANDLING POLICY
   24  SHALL NOT BE CONSIDERED PROFESSIONAL MISCONDUCT AND SHALL NOT CONSTITUTE
   25  PATIENT ABANDONMENT OR NEGLECT.  THE REFUSAL OF A LICENSED OR UNLICENSED
   26  HEALTH  CARE  WORKER  TO ENGAGE IN PATIENT HANDLING SHALL NOT CONSTITUTE
   27  PATIENT ABANDONMENT OR NEGLECT IF SUCH WORKER HAS, IN A MANNER  CONSIST-
   28  ENT  WITH  ARTICLE  TWENTY-NINE-D OF THE PUBLIC HEALTH LAW AND THE RULES
   29  AND REGULATIONS PROMULGATED PURSUANT TO SUCH ARTICLE, REFUSED A  PATIENT
   30  HANDLING ASSIGNMENT AND FILED A COMPLAINT WITH THE DEPARTMENT OF HEALTH.
   31    S 4. This act shall take effect October 1, 2014.
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