senate Bill S2470B

Amended

Enacts the "safe patient handling act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Jan / 2011
    • REFERRED TO HEALTH
  • 16 / Feb / 2011
    • AMEND AND RECOMMIT TO HEALTH
  • 16 / Feb / 2011
    • PRINT NUMBER 2470A
  • 02 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 18 / Jan / 2012
    • AMEND AND RECOMMIT TO HEALTH
  • 18 / Jan / 2012
    • PRINT NUMBER 2470B
  • 15 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 29 / May / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 29 / May / 2012
    • PRINT NUMBER 2470C

Summary

Enacts the safe patient handling act to establish a statewide safe patient handling policy for health care facilities in the state; creates the New York state safe patient handling task force.

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Bill Details

See Assembly Version of this Bill:
A1370B
Versions:
S2470
S2470A
S2470B
S2470C
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Add Art 29-D Title 1-A §§2997-g - 2997-l, Pub Health L; add §6510-f, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A2047B, S3839A, A2047B
2007-2008: A11484, A11484

Votes

16
0
16
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S2470B

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 2 adds a new title 1-A 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,
2015.

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, 2015.

Requires all facilities covered by this act to file a plan for
compliance with the Department of Health by July 1, 2016 that must be
accepted by the Department of Health by July 1, 2017.

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

Section 3 adds a new section 6510-f 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
A.2047B of 2009: Reported to Ways & Means

FISCAL IMPLICATIONS:
No fiscal costs to the state or localities.

EFFECTIVE DATE:
This act shall take effect 120 days after it shall have become a law.

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

                                 2470--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ, ADAMS, ADDABBO, AVELLA, CARLUCCI, DILAN,
  GOLDEN, GRISANTI,  JOHNSON,  MONTGOMERY,  PARKER  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Health -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Health in accordance  with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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:

  Section  1.  This  act  shall  be  known and may be cited as the "safe
patient handling act".
  S 2. Article 29-D of the public health law is amended by adding a  new
title 1-A to read as follows:
                                TITLE 1-A
                      SAFE PATIENT HANDLING POLICY
SECTION 2997-G. LEGISLATIVE INTENT.
        2997-H. DEFINITIONS.
        2997-I. NEW YORK STATE SAFE PATIENT HANDLING TASK FORCE.
        2997-J. STATEWIDE SAFE PATIENT HANDLING POLICY.
        2997-K. HEALTH CARE FACILITY SAFE PATIENT HANDLING COMMITTEES.
        2997-L. ENFORCEMENT.
  S  2997-G.  LEGISLATIVE  INTENT.  THE  LEGISLATURE  HEREBY  FINDS  AND
DECLARES THAT IT IS IN THE PUBLIC INTEREST TO  ENACT  A  STATEWIDE  SAFE
PATIENT  HANDLING  POLICY  FOR HEALTH CARE FACILITIES IN NEW YORK STATE.
WITHOUT SAFE PATIENT HANDLING LEGISLATION,  IT  IS  PREDICTED  THAT  THE
DEMAND  FOR  NURSING  SERVICES  WILL  EXCEED THE SUPPLY BY NEARLY THIRTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY THUS DECREASING THE  QUALITY  OF
HEALTH  CARE  IN  NEW  YORK STATE.   THERE ARE MANY BENEFITS THAT CAN BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04321-04-2

S. 2470--B                          2

DERIVED FROM SAFE PATIENT HANDLING PROGRAMS.   PATIENTS BENEFIT  THROUGH
IMPROVED  QUALITY  OF  CARE  AND QUALITY OF LIFE BY REDUCING THE RISK OF
FALLS, BEING DROPPED, FRICTION BURNS, SKIN TEARS AND BRUISES. CAREGIVERS
BENEFIT FROM THE REDUCED RISK OF CAREER ENDING AND DEBILITATING INJURIES
LEADING  TO INCREASED MORALE, IMPROVED JOB SATISFACTION AND LONGEVITY IN
THE PROFESSION. HEALTH CARE FACILITIES REALIZE A QUICK RETURN  ON  THEIR
INVESTMENT  THROUGH  REDUCED WORKERS' COMPENSATION MEDICAL AND INDEMNITY
COSTS, REDUCED LOST WORKDAYS AND IMPROVED RECRUITMENT AND  RETENTION  OF
CAREGIVERS.  ALL  OF THIS WILL LEAD TO FISCAL IMPROVEMENT IN HEALTH CARE
IN NEW YORK STATE.
  S 2997-H. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
  1. "HEALTH CARE FACILITY"  SHALL  MEAN  ANY  INDIVIDUAL,  PARTNERSHIP,
ASSOCIATION,  CORPORATION,  LIMITED  LIABILITY  COMPANY OR ANY PERSON OR
GROUP OF PERSONS ACTING DIRECTLY OR INDIRECTLY ON BEHALF OF  OR  IN  THE
INTEREST  OF  THE  EMPLOYER,  WHICH  PROVIDES  HEALTH CARE SERVICES IN A
FACILITY LICENSED OR OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT,  TWENTY-
EIGHT-A  OR  THIRTY-SIX  OF THIS CHAPTER, OR THE MENTAL HYGIENE LAW, THE
EDUCATION LAW OR THE CORRECTION LAW, INCLUDING ANY FACILITY OPERATED  BY
THE  STATE,  A  POLITICAL SUBDIVISION OR A PUBLIC BENEFIT CORPORATION AS
DEFINED BY SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW.
  2. "NURSE" SHALL MEAN A REGISTERED PROFESSIONAL NURSE  OR  A  LICENSED
PRACTICAL  NURSE  AS  DEFINED  BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE
EDUCATION LAW.
  3. "DIRECT CARE WORKER" SHALL MEAN  ANY  EMPLOYEE  OF  A  HEALTH  CARE
FACILITY  THAT IS RESPONSIBLE FOR PATIENT HANDLING OR PATIENT ASSESSMENT
AS A REGULAR OR INCIDENTAL  PART  OF  THEIR  EMPLOYMENT,  INCLUDING  ANY
LICENSED OR UNLICENSED HEALTH CARE WORKER.
  4.  "EMPLOYEE  REPRESENTATIVE"  SHALL MEAN THE RECOGNIZED OR CERTIFIED
COLLECTIVE BARGAINING AGENT FOR NURSES  OR  DIRECT  CARE  WORKERS  OF  A
HEALTH CARE FACILITY.
  5. "SAFE PATIENT HANDLING" SHALL MEAN THE USE OF ENGINEERING CONTROLS,
LIFTING  AND  TRANSFER  AIDS,  OR ASSISTIVE DEVICES, BY NURSES OR DIRECT
CARE WORKERS, INSTEAD OF MANUAL LIFTING TO PERFORM THE ACTS OF  LIFTING,
TRANSFERRING AND REPOSITIONING OF HEALTH CARE PATIENTS AND RESIDENTS.
  6. "SAFE PATIENT HANDLING PROGRAM" SHALL INCLUDE:
  (A) A WRITTEN POLICY STATEMENT; AND
  (B) MANAGEMENT COMMITMENT AND EMPLOYEE INVOLVEMENT; AND
  (C) COMMITTEES; AND
  (D) RISK ASSESSMENTS; AND
  (E) INCIDENT INVESTIGATION; AND
  (F)  PROCUREMENT OF ENGINEERING CONTROLS, LIFTING AND TRANSFER AIDS OR
ASSISTIVE DEVICES TO ENSURE SAFE PATIENT HANDLING; AND
  (G) EMPLOYEE TRAINING AND EDUCATION ON SAFE PATIENT HANDLING; AND
  (H) PROGRAM EVALUATION AND MODIFICATION.
  S 2997-I. NEW YORK STATE SAFE PATIENT HANDLING TASK FORCE.  1.  A  NEW
YORK STATE SAFE PATIENT HANDLING TASK FORCE IS HEREBY CREATED WITHIN THE
DEPARTMENT.   SUCH TASK FORCE SHALL CONSIST OF A TOTAL OF ELEVEN MEMBERS
AND SHALL INCLUDE THE COMMISSIONER OR HIS OR HER DESIGNEE;  THE  COMMIS-
SIONER  OF  LABOR OR HIS OR HER DESIGNEE; THREE MEMBERS APPOINTED BY THE
GOVERNOR, TWO SUCH MEMBERS  SHALL  BE  REPRESENTATIVES  OF  HEALTH  CARE
ORGANIZATIONS,  ONE  SUCH  MEMBER SHALL BE FROM AN EMPLOYEE ORGANIZATION
REPRESENTING NURSES AND ONE SUCH MEMBER SHALL BE FROM AN EMPLOYEE ORGAN-
IZATION REPRESENTING DIRECT CARE WORKERS;  TWO  SUCH  MEMBERS  SHALL  BE
CERTIFIED ERGONOMIST EVALUATION SPECIALISTS; TWO MEMBERS TO BE APPOINTED
BY  THE  TEMPORARY  PRESIDENT OF THE SENATE, WHO SHALL HAVE EXPERTISE IN
FIELDS OF DISCIPLINE RELATED TO HEALTH CARE OR OCCUPATIONAL  SAFETY  AND

S. 2470--B                          3

ONE  SUCH  APPOINTEE SHALL BE FROM AN ORGANIZATION REPRESENTING EITHER A
NURSE OR DIRECT CARE WORKER; TWO MEMBERS TO BE APPOINTED BY THE  SPEAKER
OF  THE  ASSEMBLY,  WHO  SHALL  HAVE  EXPERTISE  IN FIELDS OF DISCIPLINE
RELATED  TO  HEALTH  CARE  OR OCCUPATIONAL SAFETY AND ONE SUCH APPOINTEE
SHALL BE FROM AN ORGANIZATION REPRESENTING EITHER A NURSE OR DIRECT CARE
WORKER; ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE,
WHO SHALL HAVE EXPERTISE IN FIELDS OF DISCIPLINE RELATED TO HEALTH  CARE
OR  OCCUPATIONAL SAFETY; AND ONE MEMBER APPOINTED BY THE MINORITY LEADER
OF THE ASSEMBLY, WHO  SHALL  HAVE  EXPERTISE  IN  FIELDS  OF  DISCIPLINE
RELATED TO HEALTH CARE OR OCCUPATIONAL SAFETY.
  2.  TASK  FORCE  MEMBERS  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
SERVICES, BUT SHALL BE REIMBURSED  FOR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  3.  THE  TASK  FORCE  SHALL BE APPOINTED NO LATER THAN JULY FIRST, TWO
THOUSAND FOURTEEN AND SHALL SERVE FOR A PERIOD OF TWO YEARS; ANY  VACAN-
CIES ON THE TASK FORCE SHALL BE FILLED IN THE MANNER PROVIDED FOR IN THE
INITIAL APPOINTMENT.
  4.  THE CHAIRPERSON OF THE TASK FORCE SHALL BE THE COMMISSIONER OR HIS
OR HER DESIGNEE.
  5. THE TASK FORCE SHALL MEET NO LESS THAN THREE TIMES A YEAR.
  6. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  A  MAJORITY  OF  THE
MEMBERS  OF  THE TASK FORCE THEN IN OFFICE SHALL CONSTITUTE A QUORUM FOR
THE TRANSACTION OF BUSINESS OR THE EXERCISE OF POWER OR FUNCTION OF  THE
TASK  FORCE.  AN  ACT,  DETERMINATION OR DECISION OF THE MAJORITY OF THE
MEMBERS OF THE TASK FORCE SHALL BE HELD TO BE THE ACT, DETERMINATION  OR
DECISION OF THE TASK FORCE.
  7. THE TASK FORCE SHALL:
  (A)  PREPARE A POLICY STATEMENT REQUIRING A COMPREHENSIVE SAFE PATIENT
HANDLING PROGRAM TO BE IMPLEMENTED AT ALL  HEALTH  CARE  FACILITIES,  AS
DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED NINETY-SEVEN-H
OF  THIS TITLE.  THE POLICY STATEMENT SHALL INCLUDE THE REQUIREMENTS FOR
DEVELOPING AND IMPLEMENTING AN EFFECTIVE SAFE PATIENT  HANDLING  PROGRAM
THAT  SHALL INCLUDE ALL ELEMENTS SPECIFIED IN SUBDIVISION SIX OF SECTION
TWENTY-NINE HUNDRED NINETY-SEVEN-H OF THIS TITLE;
  (B) REVIEW  EXISTING  SAFE  PATIENT  HANDLING  PROGRAMS  OR  POLICIES,
INCLUDING  DEMONSTRATION PROGRAMS PREVIOUSLY AUTHORIZED BY CHAPTER SEVEN
HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND FIVE;
  (C) CONSULT WITH  ANY  ORGANIZATION,  EDUCATIONAL  INSTITUTION,  OTHER
GOVERNMENT ENTITY OR AGENCY OR PERSON;
  (D) CONDUCT PUBLIC HEARINGS, AS IT DEEMS NECESSARY;
  (E)  IDENTIFY OR DEVELOP TRAINING MATERIALS AND PROCEDURES WITH REGARD
TO THE EQUIPMENT OR TECHNOLOGY REQUIRED BY THE STATEWIDE POLICY;
  (F) REVIEW RULES AND REGULATIONS PRIOR TO ADOPTION BY THE DEPARTMENT;
  (G) REVIEW AND UPDATE THE POLICY STATEMENT ON A BI-ANNUAL BASIS; AND
  (H) SUBMIT A REPORT TO THE COMMISSIONER BY JULY  FIRST,  TWO  THOUSAND
FIFTEEN IDENTIFYING SAFE PATIENT HANDLING PROGRAM ELEMENTS AND RECOMMEN-
DATIONS OF SAFE PATIENT LIFTING EQUIPMENT, TECHNIQUES OR DEVICES.
  8. ALL STATE DEPARTMENTS, COMMISSIONS, AGENCIES AND PUBLIC AUTHORITIES
SHALL PROVIDE THE TASK FORCE WITH ANY REASONABLY REQUESTED ASSISTANCE OF
ADVICE IN A TIMELY MANNER.
  S 2997-J. STATEWIDE SAFE PATIENT HANDLING POLICY. 1. THE COMMISSIONER,
IN  CONSULTATION  WITH  THE TASK FORCE, SHALL PROMULGATE RULES AND REGU-
LATIONS FOR A STATEWIDE SAFE PATIENT HANDLING  POLICY  FOR  HEALTH  CARE
FACILITIES COVERED BY THIS TITLE. SUCH POLICY SHALL BE MADE AVAILABLE TO
ALL  FACILITIES  COVERED  BY  THIS TITLE ON OR BEFORE JANUARY FIRST, TWO
THOUSAND SIXTEEN.

S. 2470--B                          4

  2. THE STATEWIDE SAFE PATIENT HANDLING POLICY SHALL INCLUDE  STANDARDS
WITH REGARD TO:
  (A)  THE  EQUIPMENT,  DEVICES  OR  TECHNOLOGY TO BE USED BY A NURSE OR
DIRECT CARE WORKER WHO IS ENGAGED IN PATIENT HANDLING;
  (B) THE RATIO OF SUCH EQUIPMENT OR TECHNOLOGY BASED UPON THE  TYPE  OF
FACILITY,  THE  NUMBER OF BEDS IN A FACILITY, THE NUMBER OF PATIENT-HAN-
DLING TASKS, TYPES OF CARE UNITS, PATIENT POPULATIONS, AND PATIENT  CARE
AREAS;
  (C)  THE  MINIMUM  NUMBER  OF  DEVICES TO ENSURE THAT CURRENT ASSESSED
HAZARDS ARE ELIMINATED OR MITIGATED;
  (D) ESTABLISHING  PROCEDURES  FOR  THE  SUBMISSION  AND  REPORTING  OF
COMPLIANCE BY EACH HEALTH CARE FACILITY COVERED BY THIS TITLE; AND
  (E)  ESTABLISHING  PROCEDURES  FOR COMPLAINTS OR VIOLATIONS, INCLUDING
THE FILING PROCESS, REVIEW, AND EVALUATION AND CORRECTIVE ACTION OF SUCH
COMPLAINTS.
  3. EACH HEALTH CARE FACILITY SHALL FILE WITH THE  DEPARTMENT  BY  JULY
FIRST, TWO THOUSAND SIXTEEN A DETAILED PLAN TO COMPLY WITH THE RULES AND
REGULATIONS  OF  THE STATEWIDE SAFE PATIENT HANDLING POLICY. THE DEPART-
MENT SHALL ACCEPT SUCH PLAN BY JULY FIRST, TWO THOUSAND SEVENTEEN.
  S 2997-K. HEALTH CARE FACILITY SAFE PATIENT  HANDLING  COMMITTEES.  1.
EACH  HEALTH  CARE  FACILITY  SHALL  ESTABLISH  A  SAFE PATIENT HANDLING
COMMITTEE EITHER BY CREATING A NEW COMMITTEE OR ASSIGNING THE POWERS AND
DUTIES TO AN EXISTING COMMITTEE.  AT LEAST ONE-HALF OF  THE  MEMBERS  OF
THE  SAFE  PATIENT  HANDLING COMMITTEE SHALL BE FRONTLINE NON-MANAGERIAL
NURSES OR DIRECT CARE WORKERS. AT LEAST ONE NON-MANAGERIAL NURSE AND ONE
NON-MANAGERIAL DIRECT CARE WORKER SHALL BE ON THE SAFE PATIENT  HANDLING
COMMITTEE.  THE COMMITTEE SHALL HAVE TWO CO-CHAIRS WITH ONE FROM MANAGE-
MENT AND ONE FRONTLINE NON-MANAGERIAL NURSE OR DIRECT CARE WORKER.
  2. THE SAFE PATIENT HANDLING COMMITTEE SHALL:  (A)  SET  CRITERIA  FOR
EVALUATION  OF  PATIENTS AND/OR RESIDENTS TO DETERMINE WHICH LIFT AND/OR
REPOSITIONING EQUIPMENT, DEVICES OR TECHNOLOGY ARE TO BE USED;  AND  FOR
PERFORMANCE  OF  RISK  ASSESSMENTS  OF  THE  ENVIRONMENT,  JOB TASKS AND
PATIENT NEEDS;
  (B) ENSURE LIFT AND/OR REPOSITIONING EQUIPMENT IS  SET  UP,  USED  AND
MAINTAINED ACCORDING TO MANUFACTURER'S INSTRUCTIONS;
  (C) PROVIDE INITIAL AND ON-GOING YEARLY TRAINING AND EDUCATION ON SAFE
PATIENT  HANDLING  FOR  CURRENT EMPLOYEES AND NEW HIRES, AND ENSURE THAT
RETRAINING FOR THOSE FOUND TO BE DEFICIENT IS PROVIDED AS NEEDED WITHOUT
IMPACT TO THE EMPLOYMENT STATUS OF THE RETRAINED EMPLOYEES;
  (D) SET UP AND UTILIZE A PROCESS FOR INCIDENT INVESTIGATION AND  POST-
INVESTIGATION REVIEW WHICH INCLUDES A PLAN OF CORRECTION AND IMPLEMENTA-
TION OF CONTROLS;
  (E)  MAKE  RECOMMENDATIONS  FOR THE ACQUISITION OF EQUIPMENT OR PROCE-
DURES BEYOND THE MINIMUM STATE RECOMMENDATIONS; AND
  (F) PERFORM, AT MINIMUM, AN ANNUAL PROGRAM ASSESSMENT AND EVALUATION.
  S 2997-L. ENFORCEMENT. 1. ANY NURSE OR DIRECT CARE WORKER OR  EMPLOYEE
REPRESENTATIVE  WHO  BELIEVES  THE  HEALTH CARE FACILITY HAS NOT MET THE
STANDARDS SET FORTH IN THIS TITLE SHALL BRING THE MATTER TO  THE  ATTEN-
TION  OF  THE  HEALTH  CARE FACILITY IN THE FORM OF A WRITTEN NOTICE AND
SHALL AFFORD THE  HEALTH  CARE  FACILITY  A  REASONABLE  OPPORTUNITY  TO
CORRECT  SUCH  DEFICIENCIES,  PROVIDED  THAT  SUCH  NOTICE  NEED  NOT BE
PROVIDED WHERE THE NURSE OR DIRECT  WORKER  OR  EMPLOYEE  REPRESENTATIVE
REASONABLY BELIEVES THAT THE FAILURE TO MEET STANDARDS PRESENTS AN IMMI-
NENT  THREAT TO THE SAFETY OF A SPECIFIC NURSE OR DIRECT CARE WORKER, OR
TO THE GENERAL HEALTH OF A SPECIFIC  PATIENT,  AND  REPORTING  WILL  NOT
RESULT IN CORRECTIVE ACTION.

S. 2470--B                          5

  2.  IN THE EVENT THAT THE HEALTH CARE FACILITY RECEIVING NOTICE PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION DOES NOT TAKE  CORRECTIVE  ACTION
WITHIN  SIXTY  DAYS,  OR  IN  THE EVENT THAT NOTICE OF A FAILURE TO MEET
STANDARDS IS NOT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, A
NURSE  OR DIRECT CARE WORKER SHALL HAVE THE RIGHT TO REFUSE TO ENGAGE IN
PATIENT HANDLING UNTIL THE HEALTH CARE FACILITY HAS ADEQUATELY ADDRESSED
THE SPECIFIC FAILURE TO MEET STANDARDS.   UPON REFUSAL,  SUCH  NURSE  OR
DIRECT  CARE  WORKER OR HIS OR HER REPRESENTATIVE SHALL FILE A COMPLAINT
TO THE DEPARTMENT IN THE MANNER SET FORTH IN THE STATEWIDE SAFE  PATIENT
HANDLING POLICY.
  3.  NO  EMPLOYER  SHALL  TAKE  RETALIATORY ACTION AGAINST ANY NURSE OR
DIRECT CARE WORKER FOR RAISING CONCERNS OR ISSUES REGARDING SAFE PATIENT
HANDLING, FILING A COMPLAINT OR REFUSING TO ENGAGE IN PATIENT HANDLING.
  4. NURSES AND DIRECT CARE WORKERS, AS DEFINED IN  SECTION  TWENTY-NINE
HUNDRED  NINETY-SEVEN-H  OF THIS TITLE SHALL BE CONSIDERED EMPLOYEES FOR
THE PURPOSES OF SECTION SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW.
  5. THE DEPARTMENT AND THE DEPARTMENT OF LABOR SHALL PUBLISH  AND  MAKE
PUBLIC WHICH HEALTH CARE FACILITIES ARE IN COMPLIANCE WITH THE STATEWIDE
SAFE PATIENT HANDLING POLICY.
  S  3.  The  education law is amended by adding a new section 6510-f to
read as follows:
  S 6510-F. STATE SAFE PATIENT HANDLING POLICY.   1. THE  REFUSAL  OF  A
LICENSED  PRACTICAL  NURSE  OR  A  REGISTERED NURSE TO ENGAGE IN PATIENT
HANDLING SHALL NOT CONSTITUTE PATIENT ABANDONMENT  OR  NEGLECT  IF  SUCH
NURSE  HAS,  IN  A  MANNER  CONSISTENT WITH ARTICLE TWENTY-NINE-D OF THE
PUBLIC HEALTH LAW AND THE RULES AND REGULATIONS PROMULGATED PURSUANT  TO
SUCH  ARTICLE,  REFUSED  A  PATIENT  HANDLING  ASSIGNMENT  AND  FILED  A
COMPLAINT WITH THE DEPARTMENT OF HEALTH.
  2. THE REFUSAL OF A LICENSED  OR  UNLICENSED  HEALTH  CARE  WORKER  TO
ENGAGE  IN  PATIENT  HANDLING NOT CONSISTENT WITH THE STATE SAFE PATIENT
HANDLING POLICY OR A FACILITY'S SAFE PATIENT HANDLING POLICY  SHALL  NOT
BE  CONSIDERED  PROFESSIONAL  MISCONDUCT.  THE  REFUSAL OF A LICENSED OR
UNLICENSED HEALTH CARE WORKER TO ENGAGE IN PATIENT  HANDLING  SHALL  NOT
CONSTITUTE  PATIENT  ABANDONMENT  OR  NEGLECT  IF  SUCH WORKER HAS, IN A
MANNER CONSISTENT WITH ARTICLE TWENTY-NINE-D OF THE  PUBLIC  HEALTH  LAW
AND  THE  RULES  AND  REGULATIONS  PROMULGATED PURSUANT TO SUCH ARTICLE,
REFUSED A PATIENT HANDLING ASSIGNMENT AND FILED  A  COMPLAINT  WITH  THE
DEPARTMENT OF HEALTH.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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