senate Bill S1123A

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

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 05 / Feb / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 05 / Feb / 2013
    • PRINT NUMBER 1123A
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Jun / 2013
    • PRINT NUMBER 1123B
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 14 / Jan / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 14 / Jan / 2014
    • PRINT NUMBER 1123C

Summary

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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Bill Details

Versions:
S1123
S1123A
S1123B
S1123C
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
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 2011-2012 Legislative Cycle:
S7735A

Votes

Sponsor Memo

BILL NUMBER:S1123A

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 is the title of the act.

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 composi-
tion of the task force and its powers and duties. The bill requires that
a report identifying Safe Patient Handling Program elements and recom-
mendations to the Commissioner of Health by July 1, 2016.

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,
2016.

Requires all facilities covered by this act to file a plan for compli-
ance with the Department of Health by July 1, 2017 that must be accepted
by the Department of Health by July 1, 2018.

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.

Section 4 is the effective date.

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: S7735A/A10715A of 2011-12; Referred to Health

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

EFFECTIVE DATE: This act shall take effect October 1, 2013.

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

                                 1123--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, GRISANTI, AVELLA, BONACIC, HASSELL-THOMP-
  SON, KENNEDY, MONTGOMERY, PERKINS, SERRANO -- 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

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. STATEWIDE SAFE PATIENT HANDLING WORK GROUP.
        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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02301-04-3

S. 1123--A                          2

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 AN EMPLOYER THAT PROVIDES HEALTH CARE SERVICES IN A FACILITY
LICENSED OR OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT, TWENTY-EIGHT-A OF
THIS CHAPTER, OR THE MENTAL HYGIENE LAW, ARTICLE EIGHT OR TITLE EIGHT OF
THE  EDUCATION  LAW,  ARTICLE  NINETEEN-G  OF  THE  EXECUTIVE LAW OR THE
CORRECTION LAW, INCLUDING ANY FACILITY OPERATED BY THE STATE OR A PUBLIC
BENEFIT CORPORATION AS DEFINED  BY  SECTION  SIXTY-SIX  OF  THE  GENERAL
CONSTRUCTION  LAW;  PROVIDED THAT THE PROVISIONS OF THIS TITLE SHALL NOT
APPLY TO ANY FACILITY OPERATED OR FUNDED BY ANY  MUNICIPAL  CORPORATION,
AS  DEFINED  IN  SECTION  TWO OF THE GENERAL MUNICIPAL LAW,  EXCEPT THAT
SUCH PROVISIONS SHALL APPLY TO FACILITIES LICENSED OR  OPERATED  BY  ANY
POLITICAL  SUBDIVISION  OF THE STATE PURSUANT TO ARTICLE TWENTY-EIGHT OR
TWENTY-EIGHT-A OF THIS CHAPTER.
  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 TRANSFERRING AND REPOSITIONING OF HEALTH CARE PATIENTS  AND
RESIDENTS IN HEALTH CARE FACILITIES.
  6. (A) "FACILITY SAFE PATIENT HANDLING POLICY" SHALL INCLUDE:
  (I) A WRITTEN POLICY STATEMENT; AND
  (II) MANAGEMENT COMMITMENT AND EMPLOYEE INVOLVEMENT; AND
  (III) COMMITTEES; AND
  (IV) A FACILITY SAFE PATIENT HANDLING PROGRAM.
  (B) "FACILITY SAFE PATIENT HANDLING PROGRAM" SHALL INCLUDE:
  (I) RISK ASSESSMENTS; AND
  (II) INCIDENT INVESTIGATION; AND
  (III)  RECOMMENDATIONS  REGARDING PROCUREMENT OF ENGINEERING CONTROLS,
LIFTING AND TRANSFER AIDS OR ASSISTIVE DEVICES TO  ENSURE  SAFE  PATIENT
HANDLING; AND
  (IV) EMPLOYEE TRAINING AND EDUCATION ON SAFE PATIENT HANDLING; AND
  (V) PROGRAM EVALUATION AND MODIFICATION.
  S  2997-I.  STATEWIDE SAFE PATIENT HANDLING WORK GROUP. 1. A STATEWIDE
SAFE PATIENT HANDLING WORK GROUP IS HEREBY CREATED  WITHIN  THE  DEPART-
MENT.  SUCH WORK GROUP SHALL CONSIST OF, AT MINIMUM, THE COMMISSIONER OR
HIS  OR  HER DESIGNEE; THE COMMISSIONER OF LABOR OR HIS OR HER DESIGNEE;
REPRESENTATIVES  OF  HEALTH  CARE  ORGANIZATIONS,  REPRESENTATIVES  FROM
EMPLOYEE  ORGANIZATIONS  REPRESENTING  NURSES  AND  REPRESENTATIVES FROM
EMPLOYEE ORGANIZATIONS REPRESENTING DIRECT CARE WORKERS; REPRESENTATIVES

S. 1123--A                          3

WHO ARE CERTIFIED ERGONOMIST EVALUATION SPECIALISTS AND  REPRESENTATIVES
WHO HAVE EXPERIENCE IN OCCUPATIONAL HEALTH AND SAFETY.
  2.  WORK  GROUP  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  WORK  GROUP SHALL BE ESTABLISHED NO LATER THAN JANUARY FIRST,
TWO THOUSAND FOURTEEN.
  4. THE WORK GROUP SHALL:
  (A) PREPARE A STATEWIDE POLICY STATEMENT OUTLINING THE REQUIREMENT  OF
A  COMPREHENSIVE  SAFE PATIENT HANDLING PROGRAM TO BE IMPLEMENTED AT ALL
HEALTH CARE FACILITIES, AS DEFINED IN SUBDIVISION ONE OF  SECTION  TWEN-
TY-NINE  HUNDRED  NINETY-SEVEN-H  OF  THIS TITLE.   THE POLICY STATEMENT
SHALL OUTLINE THE REQUIREMENTS FOR DEVELOPING AND  IMPLEMENTING  A  SAFE
PATIENT  HANDLING  PROGRAM  THAT  MUST 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) IDENTIFY OR DEVELOP TRAINING MATERIALS AND PROCEDURES WITH  REGARD
TO THE EQUIPMENT OR TECHNOLOGY RECOMMENDED BY THE STATEWIDE POLICY;
  (E) REVIEW RULES AND REGULATIONS PRIOR TO ADOPTION BY THE DEPARTMENT;
  (F) REVIEW AND UPDATE THE POLICY STATEMENT ON A BI-ANNUAL BASIS;
  (G)  SERVE  AS A RESOURCE FOR THE HEALTH CARE FACILITIES' SAFE PATIENT
HANDLING COMMITTEES, PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-SEV-
EN-K OF THIS TITLE;
  (H) ENGAGE IN CONSULTATION AND MAKE  RECOMMENDATIONS  RELATED  TO  THE
FEASIBILITY  OF  ESTABLISHING  A  STATEWIDE SAFE PATIENT HANDLING POLICY
APPLICABLE TO HEALTH CARE FACILITIES LICENSED OR  OPERATED  PURSUANT  TO
ARTICLE THIRTY-SIX OF THIS CHAPTER; AND
  (I)  SUBMIT  A  REPORT TO THE COMMISSIONER BY JULY FIRST, TWO THOUSAND
FOURTEEN IDENTIFYING SAFE PATIENT HANDLING PROGRAM ELEMENTS  AND  RECOM-
MENDATIONS OF SAFE PATIENT LIFTING EQUIPMENT, TECHNIQUES OR DEVICES.
  5. ALL STATE DEPARTMENTS, COMMISSIONS, AGENCIES AND PUBLIC AUTHORITIES
SHALL PROVIDE THE WORK GROUP WITH ANY REASONABLY REQUESTED ASSISTANCE OF
ADVICE IN A TIMELY MANNER.
  S  2997-J.  STATEWIDE  SAFE  PATIENT  HANDLING POLICY. 1. ON OR BEFORE
JANUARY FIRST, TWO THOUSAND FIFTEEN THE  COMMISSIONER,  IN  CONSULTATION
WITH THE WORK GROUP, SHALL PROMULGATE AND DISSEMINATE RULES, REGULATIONS
AND  A  STATEWIDE SAFE PATIENT HANDLING POLICY TO HEALTH CARE FACILITIES
COVERED BY THIS TITLE.
  2. THE STATEWIDE SAFE PATIENT HANDLING POLICY SHALL INCLUDE  RECOMMEN-
DATIONS  REGARDING  THE APPROPRIATE UTILIZATION OF SAFE PATIENT HANDLING
EQUIPMENT AND STRATEGIES;  AND  TO  FACILITATE  PATIENTS  AND  RESIDENTS
REACHING  THE  HIGHEST  PRACTICAL  FUNCTIONAL LEVEL WHILE SIMULTANEOUSLY
PROVIDING FOR THE SAFETY OF THE PATIENTS AND THE HEALTH CARE WORKER. THE
STATEWIDE SAFE PATIENT HANDLING POLICY SHALL INCLUDE RECOMMENDED  STAND-
ARDS WITH REGARD TO:
  (A)  THE  EQUIPMENT,  DEVICES  OR  TECHNOLOGY  TO BE CONSIDERED BY THE
HEALTH CARE FACILITIES' SAFE PATIENT HANDLING  COMMITTEES,  PURSUANT  TO
SUBDIVISION  TWO  OF  SECTION TWENTY-NINE HUNDRED NINETY-SEVEN-K OF THIS
TITLE, AND THEIR USE BY A NURSE OR DIRECT CARE WORKER WHO IS ENGAGED  IN
PATIENT HANDLING;

S. 1123--A                          4

  (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;
  (E)  ESTABLISHING  PROCEDURES  FOR COMPLAINTS OR VIOLATIONS, INCLUDING
THE FILING PROCESS, REVIEW, AND EVALUATION AND CORRECTIVE ACTION OF SUCH
COMPLAINTS; AND
  (F) PROCEDURES REGARDING THE  MANAGEMENT  OF  CIRCUMSTANCES  THAT  MAY
RESULT IN UNSAFE PATIENT HANDLING.
  3.  EACH  HEALTH  CARE FACILITY SHALL FILE WITH THE DEPARTMENT BY JULY
FIRST, TWO THOUSAND FIFTEEN A DETAILED PLAN TO COMPLY WITH  THIS  TITLE.
THE  DEPARTMENT  SHALL  ACCEPT  SUCH  PLAN  BY  JULY FIRST, TWO THOUSAND
SIXTEEN.     HOWEVER,  EACH  NURSING  HOME   AS   DEFINED   IN   ARTICLE
TWENTY-EIGHT-A  OF  THIS  CHAPTER SHALL FILE WITH THE DEPARTMENT BY JULY
FIRST, TWO THOUSAND SIXTEEN A DETAILED PLAN TO COMPLY WITH  THIS  TITLE.
THE DEPARTMENT SHALL ACCEPT SUCH PLAN BY JULY FIRST, TWO THOUSAND SEVEN-
TEEN.
  4.  GRANTS  TO APPROVED ORGANIZATIONS. (A) THE COMMISSIONER SHALL MAKE
GRANTS WITHIN THE AMOUNTS APPROPRIATED TO APPROVED ORGANIZATIONS FOR THE
PROVISION OF SERVICES OR EQUIPMENT RELATING TO THE IMPLEMENTATION OF THE
SAFE PATIENT HANDLING ACT. SUCH SERVICES AND EQUIPMENT SHALL INCLUDE BUT
NOT BE LIMITED TO:
  (I) TRAINING; AND
  (II) MECHANICAL LIFTS.
  (B) THE COMMISSIONER SHALL GIVE  NOTICE  AND  PROVIDE  OPPORTUNITY  TO
SUBMIT  APPLICATIONS  TO  IMPLEMENT  SAFE  PATIENT HANDLING PROGRAMS. IN
ORDER TO BE CONSIDERED FOR A GRANT TO IMPLEMENT A SAFE PATIENT  HANDLING
PROGRAM APPLICANTS MUST SHOW EVIDENCE OF THE FOLLOWING:
  (I) FINANCIAL NEED;
  (II) A PLAN APPROVED BY THE DEPARTMENT; AND
  (III) PREVIOUS IMPLEMENTATION STRATEGIES.
  APPLICATIONS SHALL BE MADE ON FORMS PROVIDED BY THE COMMISSIONER.
  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.  IN HEALTH CARE FACILITIES WHERE A RESIDENT COUNCIL IS ESTAB-
LISHED, AND WHERE FEASIBLE, AT LEAST ONE  MEMBER  OF  THE  SAFE  PATIENT
HANDLING  COMMITTEE SHALL BE A REPRESENTATIVE FROM THE RESIDENT COUNCIL.
THE COMMITTEE SHALL HAVE TWO CO-CHAIRS WITH ONE FROM MANAGEMENT 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) ESTABLISH PROCEDURES TO ENSURE LIFT AND/OR REPOSITIONING EQUIPMENT
IS SET UP, USED AND MAINTAINED ACCORDING TO MANUFACTURER'S INSTRUCTIONS;

S. 1123--A                          5

  (C) PROVIDE INITIAL AND ON-GOING YEARLY TRAINING AND EDUCATION ON SAFE
PATIENT  HANDLING  FOR  CURRENT  EMPLOYEES  AND NEW HIRES, AND ESTABLISH
PROCEDURES TO ENSURE THAT RETRAINING FOR THOSE FOUND TO BE DEFICIENT  IS
PROVIDED AS NEEDED;
  (D)  SET UP AND UTILIZE A PROCESS FOR INCIDENT INVESTIGATION AND POST-
INVESTIGATION REVIEW WHICH MAY INCLUDE A PLAN OF CORRECTION  AND  IMPLE-
MENTATION OF CONTROLS;
  (E)  MAKE  RECOMMENDATIONS  FOR THE ACQUISITION OF EQUIPMENT OR PROCE-
DURES BEYOND THE MINIMUM STATE RECOMMENDATIONS; AND
  (F) PERFORM 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.  SUCH  WRITTEN  NOTICE NEED NOT BE PROVIDED
WHERE THE NURSE OR DIRECT CARE WORKER OR EMPLOYEE REPRESENTATIVE REASON-
ABLY BELIEVES THAT THE FAILURE TO MEET STANDARDS OF THE FACILITY  POLICY
PRESENTS  AN IMMINENT THREAT TO THE SAFETY OF A SPECIFIC NURSE OR DIRECT
CARE WORKER, OR TO THE GENERAL HEALTH OF A  SPECIFIC  PATIENT;  IN  SUCH
INSTANCE  THE NURSE OR DIRECT CARE WORKER SHALL MAKE A GOOD FAITH EFFORT
TO ENSURE PATIENT SAFETY AND BRING THE MATTER TO THE  ATTENTION  OF  THE
FACILITY  AND  THE  DEPARTMENT  IN  THE MANNER SET FORTH IN THE FACILITY
POLICY.
  2. IN THE EVENT THAT THE HEALTH CARE FACILITY RECEIVING WRITTEN NOTICE
PURSUANT 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 THIS TITLE.
  S 3. The education law is amended by adding a new  section  6510-f  to
read as follows:
  S  6510-F.  FACILITY  SAFE PATIENT HANDLING POLICY.   THE REFUSAL OF A
LICENSED OR UNLICENSED HEALTH CARE WORKER TO ENGAGE IN PATIENT  HANDLING
WHICH IS NOT CONSISTENT WITH THE FACILITY'S SAFE PATIENT HANDLING POLICY
SHALL NOT BE CONSIDERED PROFESSIONAL MISCONDUCT AND SHALL NOT CONSTITUTE
PATIENT ABANDONMENT OR NEGLECT.  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  CONSIST-
ENT  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 October 1, 2013.

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