senate Bill S7735A

2011-2012 Legislative Session

Enacts the "safe patient handling act"

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 referred to health
delivered to assembly
passed senate
Jun 20, 2012 ordered to third reading cal.1423
Jun 18, 2012 print number 7735a
amend and recommit to rules
Jun 15, 2012 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7735 - Bill Details

See Assembly Version of this Bill:
A10715A
Current Committee:
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

S7735 - Bill Texts

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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 work group.

view sponsor memo
BILL NUMBER:S7735

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 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.

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: New bill.

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

EFFECTIVE DATE:
This act shall take effect January 1, 2013

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

                                  7735

                            I N  S E N A T E

                              June 15, 2012
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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. 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04321-10-2

S. 7735                             2

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 OF THIS CHAPTER, OR THE MENTAL HYGIENE LAW, THE  EDUCATION  LAW,
ARTICLE NINETEEN-G OF THE EXECUTIVE 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  IN
HEALTH CARE FACILITIES.
  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. SAFE PATIENT HANDLING WORK GROUP. 1. A SAFE PATIENT HANDLING
WORK GROUP IS HEREBY CREATED WITHIN THE DEPARTMENT.    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  WHO ARE CERTIFIED
ERGONOMIST EVALUATION SPECIALISTS; AND REPRESENTATIVES WHO  HAVE  EXPER-
TISE  IN  FIELDS  OF  DISCIPLINE  RELATED TO HEALTH CARE OR OCCUPATIONAL
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 THIRTEEN.
  4. THE WORK GROUP SHALL:
  (A)  PREPARE A POLICY STATEMENT REQUIRING A COMPREHENSIVE SAFE PATIENT
HANDLING PROGRAM TO BE IMPLEMENTED AT ALL  HEALTH  CARE  FACILITIES,  AS

S. 7735                             3

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)  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   SUBDIVISION  THREE  OF  SECTION
TWENTY-NINE HUNDRED NINETY-SEVEN-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
THIRTEEN 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. THE COMMISSIONER,
IN  CONSULTATION  WITH  THE WORK GROUP, 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 FOURTEEN.
  2. THE INTENT OF THE STATEWIDE SAFE PATIENT HANDLING POLICY  SHALL  BE
TO RECOMMEND THE APPROPRIATE UTILIZATION OF SAFE PATIENT HANDLING EQUIP-
MENT  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 STANDARDS WITH REGARD TO:
  (A)  THE  EQUIPMENT,  DEVICES  OR  TECHNOLOGY  TO BE CONSIDERED BY THE
HEALTH CARE FACILITIES' SAFE PATIENT HANDLING  COMMITTEES,  PURSUANT  TO
SUBDIVISION  THREE 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;
  (B)  THE  RECOMMENDED RATIO OF SUCH EQUIPMENT OR TECHNOLOGY BASED UPON
THE TYPE OF FACILITY, THE RECOMMENDED NUMBER OF BEDS IN A FACILITY,  THE
NUMBER  OF  PATIENT-HANDLING  TASKS,  TYPES OF CARE UNITS, PATIENT POPU-
LATIONS, AND PATIENT CARE AREAS;
  (C) THE RECOMMENDED 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.

S. 7735                             4

  3.  EACH  HEALTH  CARE FACILITY SHALL FILE WITH THE DEPARTMENT BY JULY
FIRST, TWO THOUSAND FOURTEEN A DETAILED PLAN TO COMPLY  WITH  THE  RULES
AND  REGULATIONS  OF  THE  STATEWIDE  SAFE  PATIENT HANDLING POLICY. THE
DEPARTMENT SHALL ACCEPT SUCH PLAN BY JULY FIRST, TWO THOUSAND FIFTEEN.
  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)  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 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 NOTICE NEED NOT BE  PROVIDED  WHERE  THE
NURSE  OR  DIRECT  CARE  WORKER  OR  EMPLOYEE  REPRESENTATIVE REASONABLY
BELIEVES THAT THE FAILURE TO MEET STANDARDS 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  DEPARTMENT  IN  THE
MANNER SET FORTH IN THE STATEWIDE SAFE PATIENT HANDLING POLICY.
  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.

S. 7735                             5

  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.  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 January 1, 2013.

Co-Sponsors

view additional co-sponsors

S7735A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10715A
Current Committee:
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

S7735A (ACTIVE) - Bill Texts

view 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 work group.

view sponsor memo
BILL NUMBER:S7735A

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 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.

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:
New bill.

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

EFFECTIVE DATE:
This act shall take effect October 1, 2012.

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

                                 7735--A

                            I N  S E N A T E

                              June 15, 2012
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  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
THE PROFESSION. HEALTH CARE FACILITIES REALIZE A QUICK RETURN  ON  THEIR
INVESTMENT  THROUGH  REDUCED WORKERS' COMPENSATION MEDICAL AND INDEMNITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04321-14-2

S. 7735--A                          2

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
WHO  ARE CERTIFIED ERGONOMIST EVALUATION SPECIALISTS AND REPRESENTATIVES
WHO HAVE EXPERIENCE IN OCCUPATIONAL HEALTH AND SAFETY.

S. 7735--A                          3

  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 THIRTEEN.
  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   SUBDIVISION   THREE   OF   SECTION
TWENTY-NINE HUNDRED NINETY-SEVEN-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
THIRTEEN  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 FOURTEEN 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;
  (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-

S. 7735--A                          4

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 FOURTEEN A DETAILED PLAN TO COMPLY WITH THIS  TITLE.
THE  DEPARTMENT  SHALL  ACCEPT  SUCH  PLAN  BY  JULY FIRST, TWO THOUSAND
FIFTEEN.     HOWEVER,  EACH  NURSING  HOME   AS   DEFINED   IN   ARTICLE
TWENTY-EIGHT-A  OF  THIS  CHAPTER 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.
  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) ESTABLISHED PROCEDURE TO ENSURE LIFT AND/OR  REPOSITIONING  EQUIP-
MENT  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  ESTABLISH

S. 7735--A                          5

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, 2012.

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