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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by changing | ||||||
5 | Section 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 Section: | ||||||
9 | "Health care worker" means an individual providing direct | ||||||
10 | resident care services who may be required to lift, transfer, | ||||||
11 | reposition, or move a resident. | ||||||
12 | "Nurse" means an advanced practice nurse, a registered | ||||||
13 | nurse, or a licensed practical nurse licensed under the Nurse | ||||||
14 | Practice Act. | ||||||
15 | "Safe lifting equipment and accessories" means mechanical
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16 | equipment designed to lift, move, reposition, and transfer
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17 | residents, including, but not limited to, fixed and portable
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18 | ceiling lifts, sit-to-stand lifts, slide sheets and boards,
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19 | slings, and repositioning and turning sheets. | ||||||
20 | "Safe lifting team" means at least 2 individuals who are
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21 | trained and proficient in the use of both safe lifting | ||||||
22 | techniques and safe
lifting equipment and accessories. | ||||||
23 | "Adjustable equipment" means products and devices that may |
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1 | be adapted for use by individuals with physical and other | ||||||
2 | disabilities in order to optimize accessibility. Adjustable | ||||||
3 | equipment includes, but is not limited to, the following: | ||||||
4 | (1) Wheelchairs with adjustable footrest height and | ||||||
5 | seat width and depth. | ||||||
6 | (2) Height-adjustable, drop-arm commode chairs and | ||||||
7 | height-adjustable shower gurneys or shower benches to | ||||||
8 | enable individuals with mobility disabilities to use a | ||||||
9 | toilet and to shower safely and with increased comfort. | ||||||
10 | (3) Accessible weight scales that accommodate | ||||||
11 | wheelchair users. | ||||||
12 | (4) Height-adjustable beds that can be lowered to | ||||||
13 | accommodate individuals with mobility disabilities in | ||||||
14 | getting in and out of bed and that utilize drop-down side | ||||||
15 | railings for stability and positioning support. | ||||||
16 | (5) Universally designed or adaptable call buttons and | ||||||
17 | motorized bed position and height controls that can be | ||||||
18 | operated by persons with limited or no reach range, fine | ||||||
19 | motor ability, or vision. | ||||||
20 | (6) Height-adjustable platform tables for physical | ||||||
21 | therapy with drop-down side railings for stability and | ||||||
22 | positioning support. | ||||||
23 | (7) Therapeutic rehabilitation and exercise machines | ||||||
24 | with foot straps to secure the user's feet to the pedals | ||||||
25 | and with cuffs or splints to augment the user's grip | ||||||
26 | strength on handles. |
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1 | (b) A facility must adopt and ensure implementation of a | ||||||
2 | policy to identify, assess, and develop strategies to control | ||||||
3 | risk of injury to residents and nurses and other health care | ||||||
4 | workers associated with the lifting, transferring, | ||||||
5 | repositioning, or movement of a resident. The policy shall | ||||||
6 | establish a process that, at a minimum, includes all of the | ||||||
7 | following: | ||||||
8 | (1) Analysis of the risk of injury to residents and | ||||||
9 | nurses and other health care workers taking into account | ||||||
10 | the resident handling needs of the resident populations | ||||||
11 | served by the facility and the physical environment in | ||||||
12 | which the resident handling and movement occurs. | ||||||
13 | (2) Education and training of nurses and other direct
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14 | resident care providers in the identification, assessment, | ||||||
15 | and control of risks of injury to residents and nurses and | ||||||
16 | other health care workers during resident handling and on
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17 | safe lifting policies and techniques and current lifting
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18 | equipment . | ||||||
19 | (3) Evaluation of alternative ways to reduce risks | ||||||
20 | associated with resident handling, including evaluation of | ||||||
21 | equipment and the environment. | ||||||
22 | (4) Restriction, to the extent feasible with existing | ||||||
23 | equipment and aids, of manual resident handling or movement | ||||||
24 | of all or most of a resident's weight except for emergency, | ||||||
25 | life-threatening, or otherwise exceptional circumstances. | ||||||
26 | (5) Procedures for a nurse to refuse to perform or be |
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1 | involved in resident handling or movement that the nurse in | ||||||
2 | good faith believes will expose a resident or nurse or | ||||||
3 | other health care worker to an unacceptable risk of injury. | ||||||
4 | (6) Development of strategies to control risk of injury | ||||||
5 | to residents and nurses and other health care workers | ||||||
6 | associated with the lifting, transferring, repositioning, | ||||||
7 | or movement of a resident. | ||||||
8 | (7) In developing architectural plans for construction | ||||||
9 | or remodeling of a facility or unit of a facility in which | ||||||
10 | resident handling and movement occurs, consideration of | ||||||
11 | the feasibility of incorporating resident handling | ||||||
12 | equipment or the physical space and construction design | ||||||
13 | needed to incorporate that equipment.
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14 | (8) Fostering and maintaining resident safety, | ||||||
15 | dignity, self-determination, and choice, including the | ||||||
16 | following policies, strategies, and procedures: | ||||||
17 | (A) The existence and availability of a trained | ||||||
18 | safe lifting team. | ||||||
19 | (B) A policy of advising residents of a range of | ||||||
20 | transfer and lift options, including adjustable | ||||||
21 | diagnostic and treatment equipment, mechanical lifts, | ||||||
22 | and provision of a trained safe lifting team. | ||||||
23 | (C) The right of a competent resident, or the | ||||||
24 | guardian of a resident adjudicated incompetent, to | ||||||
25 | choose among the range of transfer and lift options | ||||||
26 | consistent with the procedures set forth under |
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1 | subdivision (b)(5) and the policies set forth under | ||||||
2 | this paragraph (8), subject to the provisions of | ||||||
3 | subparagraph (E) of this paragraph (8). | ||||||
4 | (D) Procedures for documenting, upon admission and | ||||||
5 | as status changes, a mobility assessment and plan for | ||||||
6 | lifting, transferring, repositioning, or movement of a | ||||||
7 | resident, including the choice of the resident or the | ||||||
8 | resident's guardian among the range of transfer and | ||||||
9 | lift options. | ||||||
10 | (E) Incorporation of such safe lifting procedures, | ||||||
11 | techniques, and equipment as are consistent with | ||||||
12 | applicable federal law. | ||||||
13 | (c) Safe lifting teams must receive specialized, in-depth | ||||||
14 | training that includes, but need not be limited to, the | ||||||
15 | following: | ||||||
16 | (1) Types and operation of equipment. | ||||||
17 | (2) Safe manual lifting and moving techniques. | ||||||
18 | (3) Ergonomic principles in the assessment of risk both | ||||||
19 | to nurses and other workers and to residents. | ||||||
20 | (4) The selection, safe use, location, and condition of | ||||||
21 | appropriate pieces of equipment individualized to each | ||||||
22 | resident's medical and physical conditions and | ||||||
23 | preferences. | ||||||
24 | (5) Procedures for advising residents of the full range | ||||||
25 | of transfer and lift options and for documenting | ||||||
26 | individualized lifting plans that include resident choice. |
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1 | Specialized, in-depth training may rely on federal | ||||||
2 | standards and guidelines such as the United States Department | ||||||
3 | of Labor Guidelines for Nursing Homes, supplemented by federal | ||||||
4 | requirements for barrier removal, independent access, and | ||||||
5 | means of accommodation optimizing independent movement and | ||||||
6 | transfer. | ||||||
7 | (Source: P.A. 96-389, eff. 1-1-10.)
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