NY State Senate Bill 2013-S1123

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2014	print number 1123c
Jan 14, 2014	amend and recommit to health
Jan 08, 2014	referred to health
Jun 13, 2013	print number 1123b
Jun 13, 2013	amend and recommit to finance
Jun 04, 2013	reported and committed to finance
Feb 05, 2013	print number 1123a
Feb 05, 2013	amend and recommit to health
Jan 09, 2013	referred to health

Votes

- Jun 4, 2013 - Health Committee Vote
  S1123
  
  Aye
  
  17
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Jun 4, 2013
      
      aye (17)
      
      Adams
      
      Ball
      
      Farley
      
      Felder
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Montgomery
      
      O'Brien
      
      Peralta
      
      Rivera
      
      Savino
      
      Seward
      
      Young

Bill Amendments

Original

C (Active)

co-Sponsors

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2013-S1123 - Details

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 Session:: S7735

2013-S1123 - 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.

2013-S1123 - Sponsor Memo

                                BILL NUMBER:S1123

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,
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
compliance 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.

2013-S1123 - Bill Text download pdf

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

                                  1123

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ,  GRISANTI, BONACIC, KENNEDY, MONTGOMERY,
  PERKINS -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Health

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

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

                                                           LBD02301-01-3

S. 1123                             2

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 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                             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   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
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                             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 FOURTEEN 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                             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.

co-Sponsors

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2013-S1123A - Details

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 Session:: S7735

2013-S1123A - 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.

2013-S1123A - 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.

2013-S1123A - Bill Text download pdf

                            
                    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.

co-Sponsors

View additional co-sponsors

2013-S1123B - Details

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 Session:: S7735

2013-S1123B - 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.

2013-S1123B - Sponsor Memo

                                BILL NUMBER:S1123B

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,
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
compliance 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.

2013-S1123B - Bill Text download pdf

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

                                 1123--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ,  GRISANTI, ADAMS, ADDABBO, AVELLA, BALL,
  BONACIC, BOYLE, CARLUCCI, DeFRANCISCO, DIAZ, DILAN, ESPAILLAT, GIPSON,
  GOLDEN, HANNON, HASSELL-THOMPSON, HOYLMAN,  KENNEDY,  KRUEGER,  LANZA,
  LARKIN, LATIMER, LAVALLE, MARTINS, MONTGOMERY, O'BRIEN, PARKER, PERAL-
  TA,  PERKINS, RIVERA, SAMPSON, SAVINO, SERRANO, VALESKY, YOUNG -- 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  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- 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.

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

                                                           LBD02301-08-3

S. 1123--B                          2

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
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, ARTICLE EIGHT OR TITLE EIGHT OF THE EDUCATION LAW, ARTICLE
NINETEEN-G OF THE EXECUTIVE LAW, THE CORRECTION LAW, OR FACILITIES OPER-
ATED BY THE STATE AS DEFINED IN ARTICLE SEVEN, THIRTEEN OR  NINETEEN  OF
THE MENTAL HYGIENE LAW INCLUDING ANY FACILITY OPERATED BY THE STATE OR A
PUBLIC BENEFIT CORPORATION AS DEFINED BY SECTION SIXTY-SIX OF THE GENER-
AL  CONSTRUCTION  LAW;  PROVIDED THAT THE PROVISIONS OF THIS TITLE SHALL
NOT APPLY TO ANY FACILITY OPERATED OR FUNDED  BY  ANY  MUNICIPAL  CORPO-
RATION,  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

S. 1123--B                          3

  (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.
  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

S. 1123--B                          4

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-
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;
  (F)  PROCEDURES  REGARDING  THE  MANAGEMENT  OF CIRCUMSTANCES THAT MAY
RESULT IN UNSAFE PATIENT HANDLING; AND
  (G) APPROPRIATE  UTILIZATION  OF  ENGINEERING  CONTROLS,  LIFTING  AND
TRANSFER AIDS OR ASSISTIVE DEVICES AS IT RELATES TO THE MOBILIZATION AND
HANDLING  NEEDS OF PATIENTS AND RESIDENTS, INCLUDING WHETHER USE OF SUCH
DEVICES IS CONSISTENT WITH A PATIENT'S OR RESIDENT'S  PLAN  OF  CARE  OR
TREATMENT.
  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, EFFECTIVE  JULY  FIRST,  TWO  THOUSAND  SIXTEEN,  EACH
FACILITY   AS   DEFINED   IN  SUBDIVISIONS  TWO  AND  THREE  OF  SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND EACH FACILITY AS DEFINED IN
ARTICLE TWENTY-EIGHT-A OF THIS CHAPTER SHALL KEEP ON FILE AT THE FACILI-
TY A DETAILED PLAN TO COMPLY WITH THIS TITLE AND MAKE SUCH  PLAN  AVAIL-
ABLE  AT THEIR ANNUAL DEPARTMENT SURVEY AND UPON REQUEST TO THE FACILITY
SAFE PATIENT HANDLING COMMITTEE ESTABLISHED PURSUANT TO SECTION  TWENTY-
NINE HUNDRED NINETY-SEVEN-K OF THIS TITLE.
  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

S. 1123--B                          5

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;
  (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;
  (F) PERFORM AN ANNUAL PROGRAM ASSESSMENT AND EVALUATION; AND
  (G)  APPROPRIATE  UTILIZATION  OF  ENGINEERING  CONTROLS,  LIFTING AND
TRANSFER AIDS OR ASSISTIVE DEVICES AS IT RELATES TO THE MOBILIZATION AND
HANDLING NEEDS OF PATIENTS AND RESIDENTS, INCLUDING WHETHER USE OF  SUCH
DEVICES  IS  CONSISTENT  WITH  A PATIENT'S OR RESIDENT'S PLAN OF CARE OR
TREATMENT.
  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.

S. 1123--B                          6

  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.

co-Sponsors

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2013-S1123C (ACTIVE) - Details

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 Session:: S7735

2013-S1123C (ACTIVE) - 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.

2013-S1123C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1123C

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 be submitted to the Commissioner of
Health.

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.

Requires all facilities covered by this act to file a plan for
compliance with the Department of Health that must be accepted by the
Department of Health. 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, 2014.

2013-S1123C (ACTIVE) - Bill Text download pdf

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

                                 1123--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, GRISANTI, ADDABBO, AVELLA, BALL, BONACIC,
  BOYLE, CARLUCCI, DIAZ, DILAN,  ESPAILLAT,  GALLIVAN,  GIPSON,  GOLDEN,
  HANNON,  HASSELL-THOMPSON,  HOYLMAN,  KENNEDY, KRUEGER, LANZA, LARKIN,
  LATIMER,  LAVALLE,  MARTINS,  MONTGOMERY,  O'BRIEN,  PARKER,  PERALTA,
  PERKINS,  RIVERA, SAMPSON, SAVINO, SERRANO, TKACZYK, VALESKY, YOUNG --
  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 -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  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. 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.

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

                                                           LBD02301-09-4

S. 1123--C                          2

  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
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, ARTICLE EIGHT OR TITLE EIGHT OF THE EDUCATION LAW, ARTICLE
NINETEEN-G OF THE EXECUTIVE LAW, THE CORRECTION LAW, OR FACILITIES OPER-
ATED BY THE STATE AS DEFINED IN ARTICLE SEVEN, THIRTEEN OR  NINETEEN  OF
THE MENTAL HYGIENE LAW INCLUDING ANY FACILITY OPERATED BY THE STATE OR A
PUBLIC BENEFIT CORPORATION AS DEFINED BY SECTION SIXTY-SIX OF THE GENER-
AL  CONSTRUCTION  LAW;  PROVIDED THAT THE PROVISIONS OF THIS TITLE SHALL
NOT APPLY TO ANY FACILITY OPERATED OR FUNDED  BY  ANY  MUNICIPAL  CORPO-
RATION,  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

S. 1123--C                          3

  (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.
  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 FIFTEEN.
  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
FIFTEEN IDENTIFYING SAFE PATIENT HANDLING PROGRAM ELEMENTS AND RECOMMEN-
DATIONS 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 SIXTEEN 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.

S. 1123--C                          4

  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-
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;
  (F) PROCEDURES REGARDING THE  MANAGEMENT  OF  CIRCUMSTANCES  THAT  MAY
RESULT IN UNSAFE PATIENT HANDLING; AND
  (G)  APPROPRIATE  UTILIZATION  OF  ENGINEERING  CONTROLS,  LIFTING AND
TRANSFER AIDS OR ASSISTIVE DEVICES AS IT RELATES TO THE MOBILIZATION AND
HANDLING NEEDS OF PATIENTS AND RESIDENTS, INCLUDING WHETHER USE OF  SUCH
DEVICES  IS  CONSISTENT  WITH  A PATIENT'S OR RESIDENT'S PLAN OF CARE OR
TREATMENT.
  3. EACH HEALTH CARE FACILITY 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. HOWEVER, EFFECTIVE JULY FIRST, TWO THOUSAND SEVENTEEN, EACH FACIL-
ITY AS DEFINED IN SUBDIVISIONS TWO AND  THREE  OF  SECTION  TWENTY-EIGHT
HUNDRED  ONE  OF  THIS  CHAPTER  AND EACH FACILITY AS DEFINED IN ARTICLE
TWENTY-EIGHT-A OF THIS CHAPTER SHALL KEEP ON  FILE  AT  THE  FACILITY  A
DETAILED  PLAN TO COMPLY WITH THIS TITLE AND MAKE SUCH PLAN AVAILABLE AT
THEIR ANNUAL DEPARTMENT SURVEY AND UPON REQUEST  TO  THE  FACILITY  SAFE
PATIENT  HANDLING  COMMITTEE ESTABLISHED PURSUANT TO SECTION TWENTY-NINE
HUNDRED NINETY-SEVEN-K OF THIS TITLE.
  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. 1123--C                          5

  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;
  (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;
  (F) PERFORM AN ANNUAL PROGRAM ASSESSMENT AND EVALUATION; AND
  (G)  APPROPRIATE  UTILIZATION  OF  ENGINEERING  CONTROLS,  LIFTING AND
TRANSFER AIDS OR ASSISTIVE DEVICES AS IT RELATES TO THE MOBILIZATION AND
HANDLING NEEDS OF PATIENTS AND RESIDENTS, INCLUDING WHETHER USE OF  SUCH
DEVICES  IS  CONSISTENT  WITH  A PATIENT'S OR RESIDENT'S PLAN OF CARE OR
TREATMENT.
  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

S. 1123--C                          6

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, 2014.

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