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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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2180--C
                                                                Cal. No. 120
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    § 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    §  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    § 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    §  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    §  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    §  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    §  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    § 3. The education law is amended by adding a new  section  6510-f  to
    20  read as follows:
    21    §  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    § 4. This act shall take effect October 1, 2014.
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