2006 -- S 2760

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LC01138

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO HEALTH AND SAFETY -- SAFE PATIENT HANDLING LEGISLATION

     Introduced By: Senators Sosnowski, Lanzi, Perry, Paiva-Weed, and Pichardo

     Date Introduced: February 14, 2006

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 80

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SAFE PATIENT HANDLING ACT OF 2006

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     23-80-1. Short title. – (a) This chapter shall be known and may be cited as the "Safe

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Patient Handling Act of 2006."

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     23-80-2. Legislative findings. – (a) Patients are at greater risk of injury, including skin

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tears, falls, and musculoskeletal injuries, when being lifted, transferred, or repositioned manually.

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     (b) Safe patient handling can reduce skin tears suffered by patients by threefold, and can

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significantly reduce other injuries to patients as well.

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     (c) Health care workers lead the nation in work-related musculoskeletal disorders.

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Between thirty-eight percent (38%) and fifty percent (50%) of nurses and other health care

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workers will suffer a work-related back injury during their career. Forty-four percent (44%) of

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these workers will be unable to return to their pre-injury position.

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     (d) Research indicates that nurses lift an estimated 1.8 tons per shift. Eighty-three percent

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(83%) of nurses work in spite of back pain, and sixty percent (60%) of nurses fear a disabling

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back injury. Twelve percent (12%) to thirty-nine percent (39%) of nurses not yet disabled are

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considering leaving nursing due to back paid and injuries.

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     (e) Manual lifting of patients has been condemned for years by governments and nursing

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organizations in other countries. The under-axilla "drag" lift, used ninety-eight percent (98%) of

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the time by nurses in the United States, is outlawed as unsafe to both nurses and patients by

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England's Royal College of Nursing.

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     (e) Safe patient handling reduces injuries and costs. In nine (9) case studies evaluating the

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impact of lifting equipment, injuries decreased sixty percent (60%) to ninety-five percent (95%),

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Workers' Compensation costs dropped by ninety-five percent (95%), and absenteeism due to

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lifting and handling was reduced by ninety-eight percent (98%).

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     23-80-3. Definitions. – As used in this chapter:

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     (a) "Health care facility" means any facility licensed or required to be licensed pursuant

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to the provisions of chapter 23-17.

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     (b) "Safe patient handling" means the use of engineering controls, transfer aids, or

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assistive devices instead of manual lifting to perform the acts of lifting, transferring, and/or

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repositioning health care patients and residents.

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     (c) "Safe patient handling policy" means protocols established to replace the manual

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lifting, transferring, and repositioning of patients with lift teams, mechanical lifting devices,

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engineering controls, and/or equipment to accomplish these tasks.

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     (d) "Lift team" means hospital employees specially trained to perform patient lifts,

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transfers, and repositioning in accordance with safe patient handling policy.

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     (e) "Musculoskeletal disorders" means conditions that involve the nerves, tendons,

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muscles, and supporting structures of the body.

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     23-80-4. Licensure requirements. – Each licensed health care facility shall comply with

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the following as a condition of licensure:

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     (a) Each licensed health care facility shall establish a safe patient handling committee,

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which shall be chaired by a professional nurse. At least half of the members of the safe patient

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handling committee shall be employees involved in patient care handling activities, and shall be

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designated by the collective bargaining representative(s), where applicable.

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     (b) Each licensed health care facility shall develop a written safe patient handling

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program, with input from the safe patient handling committee, to prevent musculoskeletal

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disorders among health care workers and injuries to patients. As part of this program, each

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licensed health care facility shall:

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     (1) Implement a safe patient handling policy for all shifts and units of the facility that will

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achieve elimination of manual lifting, transferring, and repositioning of all or most of a patient's

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weight, except in emergency, life-threatening, or otherwise exceptional circumstances;

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     (2) Conduct a patient handling hazard assessment. This assessment should consider such

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variables as patient-handling tasks, types of nursing units, patient populations, and the physical

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environment of patient care areas;

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     (3) Develop a process to identify patients that require the appropriate use of the safe

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patient handling policy;

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     (4) Designate and train a Back Injury Resource Nurse (BIRN) to serve as an expert

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resource, and train all clinical staff on safe patient handling policies, equipment, and devices

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before implementation, and at least annually or as changes are made to the safe patient handling

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policies, equipment and/or devices being used;

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     (5) Conduct an annual performance evaluation of the safe patient handling program to

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determine the program's effectiveness according to the reduction of musculoskeletal disorder

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claims and days of lost work for musculoskeletal disorder purposes and make recommendations

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to increase the program's effectiveness;

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     (6) Submit an annual report to the safe patient handling committee of the facility, and to

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the Rhode Island department of health, on activities related to the identification, assessment,

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development, and evaluation of strategies to control risk of injury to patients, nurses and other

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health care workers associated with the lifting, transferring, repositioning, or movement of a

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patient.

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     (c) Nothing in this section precludes lift team members from performing other duties as

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assigned during their shift.

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     (d) An employee who refuses to perform a patient handling activity that he/she believes

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in good faith will expose a patient or employee to an unacceptable risk of injury shall not be

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disciplined, or be subject to other adverse consequences by his/her employer.

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      23-80-5. Certificate of need. – (a) No certificate of need shall be granted to a licensed

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health care facility for construction or renovation of patient care unit(s) unless the applicant has

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made satisfactory provision to ensure the use of safe patient handling equipment on the new or

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renovated patient care unit(s), including, but not limited to, the installation of ceiling and/or wall

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mounted tracks, physical space and construction design need to incorporate safe patient handling

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equipment.

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      (b) A licensed health care facility that is developing architectural plans for construction

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or renovation of patient care unit(s) that does not require a certificate of need shall nevertheless

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make a good faith effort to incorporate patient handling equipment or the physical space and

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construction design needed to incorporate that equipment at a later date.

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     23-80-6. Implementation. – The department of health shall develop rules and regulations

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for administering this act which require compliance with policy development and reporting by

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January 1, 2007, and full implementation of safe lift policies by July 1, 2007.

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     SECTION 2. This act shall take effect upon passage.

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LC01138

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- SAFE PATIENT HANDLING LEGISLATION

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     This act would establish the "Safe Patient Handling Act of 2006" to promote the safe

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handling of patients in health care facilities.

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     This act would take effect upon passage.

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LC01138

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