|SAME AS||SAME AS S01123-C|
|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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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. LBD02301-10-4A. 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.