97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5655
 
Introduced 2/16/2012, by Rep. Esther Golar
 
SYNOPSIS AS INTRODUCED:
 

 
210 ILCS 45/3-206.05

     Amends the Nursing Home Care Act. Makes a technical change in a Section concerning a safe resident handling policy.
  


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A BILL FOR
 

  
HB5655LRB097 18527 DRJ 63758 b


  
1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Nursing Home Care Act is amended  by changing 
5Section 3-206.05 as follows:
 
6    (210 ILCS 45/3-206.05)
7    Sec. 3-206.05. Safe resident handling policy.
8    (a) In this this Section:
9    "Health care worker" means an individual providing direct 
10resident care services who may be required to lift, transfer, 
11reposition, or move a resident.
12    "Nurse" means an advanced practice nurse, a registered 
13nurse, or a licensed practical nurse licensed under the Nurse 
14Practice Act.
15    (b) A facility must adopt and ensure implementation of a 
16policy to identify, assess, and develop strategies to control 
17risk of injury to residents and nurses and other health care 
18workers associated with the lifting, transferring, 
19repositioning, or movement of a resident. The policy shall 
20establish a process that, at a minimum, includes all of the 
21following:
22        (1) Analysis of the risk of injury to residents and 
23    nurses and other health care workers taking into account 
 
 
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1    the resident handling needs of the resident populations 
2    served by the facility and the physical environment in 
3    which the resident handling and movement occurs.
4        (2) Education of nurses in the identification, 
5    assessment, and control of risks of injury to residents and 
6    nurses and other health care workers during resident 
7    handling.
8        (3) Evaluation of alternative ways to reduce risks 
9    associated with resident handling, including evaluation of 
10    equipment and the environment.
11        (4) Restriction, to the extent feasible with existing 
12    equipment and aids, of manual resident handling or movement 
13    of all or most of a resident's weight except for emergency, 
14    life-threatening, or otherwise exceptional circumstances.
15        (5) Procedures for a nurse to refuse to perform or be 
16    involved in resident handling or movement that the nurse in 
17    good faith believes will expose a resident or nurse or 
18    other health care worker to an unacceptable risk of injury.
19        (6) Development of strategies to control risk of injury 
20    to residents and nurses and other health care workers 
21    associated with the lifting, transferring, repositioning, 
22    or movement of a resident.
23        (7) In developing architectural plans for construction 
24    or remodeling of a facility or unit of a facility in which 
25    resident handling and movement occurs, consideration of 
26    the feasibility of incorporating resident handling 
 
 
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1    equipment or the physical space and construction design 
2    needed to incorporate that equipment.

3(Source: P.A. 96-389, eff. 1-1-10.)