97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1577

 

Introduced 2/9/2011, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 85/6.25

    Amends the Hospital Licensing Act. In the list of provisions to be incorporated into hospital policies regarding the risk of injury to patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a patient, includes (1) the primacy of maintaining patient dignity, self-determination, and choice and (2) consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment in conjunction with federal handling equipment or the physical space and construction design needed to incorporate that equipment and federal guidelines known as Access to Medical Care for Individuals With Mobility Disabilities. Makes other changes. Effective on January 1, 2012.


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A BILL FOR

 

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1    AN ACT concerning health facilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Hospital Licensing Act is amended by
5changing Section 6.25 as follows:
 
6    (210 ILCS 85/6.25)
7    Sec. 6.25. Safe patient handling policy.
8    (a) In this Section:
9    "Health care worker" means an individual providing direct
10patient care services who may be required to lift, transfer,
11reposition, or move a patient.
12    "Nurse" means an advanced practice nurse, a registered
13nurse, or a licensed practical nurse licensed under the Nurse
14Practice Act.
15    (b) A hospital must adopt and ensure implementation of a
16policy to identify, assess, and develop strategies to control
17risk of injury to patients and nurses and other health care
18workers associated with the lifting, transferring,
19repositioning, or movement of a patient. The policy shall
20establish a process that, at a minimum, includes all of the
21following:
22        (1) The primacy of maintaining patient dignity,
23    self-determination, and choice.

 

 

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1        (1.5) (1) Analysis of the risk of injury to patients
2    and nurses and other health care workers documented posted
3    by the patient handling needs of the patient populations
4    served by the hospital and the physical environment in
5    which the patient handling and movement occurs.
6        (2) Education of direct patient care workers nurses in
7    the identification, assessment, and control of risks of
8    injury to patients and nurses and other health care workers
9    during patient handling.
10        (3) Evaluation of alternative ways to reduce risks
11    associated with patient handling, including evaluation of
12    equipment and the environment in light of applicable
13    federal guidelines.
14        (4) Restriction, to the extent feasible with
15    federally-required existing equipment and aids, of manual
16    patient lifting, handling, or movement of all or most of a
17    patient's weight unless the patient or patient's legal
18    representative provides informed consent and a trained
19    safe-lifting team and policy is present and available
20    except for emergency, life-threatening, or otherwise
21    exceptional circumstances.
22        (5) Collaboration with and an annual report to the
23    nursing administrators nurse staffing committee.
24        (6) Procedures for a nurse to refuse to perform or be
25    involved in patient handling or movement that the nurse in
26    good faith believes will expose a patient or nurse or other

 

 

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1    health care worker to an unacceptable risk of injury, but
2    only when a trained safe-lifting team and policy and safe
3    equipment are present and available.
4        (7) Submission of an annual report to the hospital's
5    governing body or quality assurance committee on
6    activities related to the identification, assessment, and
7    development of strategies to control risk of injury to
8    patients and nurses and other health care workers
9    associated with the lifting, transferring, repositioning,
10    or movement of a patient.
11        (8) In developing architectural plans for construction
12    or remodeling of a hospital or unit of a hospital in which
13    patient handling and movement occurs, consideration of the
14    feasibility of incorporating patient handling equipment or
15    the physical space and construction design needed to
16    incorporate that equipment.
17        (9) Consideration of the feasibility of incorporating
18    patient handling equipment or the physical space and
19    construction design needed to incorporate that equipment
20    in conjunction with federal handling equipment or the
21    physical space and construction design needed to
22    incorporate that equipment and federal guidelines known as
23    Access to Medical Care for Individuals With Mobility
24    Disabilities or subsequently enacted federal regulations
25    or subsequently adopted federal guidelines, incorporated
26    by reference, when developing architectural plans for

 

 

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1    construction or remodeling of a hospital or unit of a
2    hospital in which patient handling and movement occurs.
3(Source: P.A. 96-389, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
4    Section 99. Effective date. This Act takes effect January
51, 2012.