Full Text of HB2285 96th General Assembly
HB2285 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2285
Introduced 2/18/2009, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
|
20 ILCS 1705/4 |
from Ch. 91 1/2, par. 100-4 |
110 ILCS 330/8 new |
|
210 ILCS 45/3-206.05 new |
|
210 ILCS 85/6.25 new |
|
|
Amends the Mental Health and Developmental Disabilities Administrative Act, the University of Illinois Hospital Act, the Nursing Home Care Act, and the Hospital Licensing Act. Provides that a hospital or nursing home shall adopt a policy to identify, assess, and develop strategies to control risk of injury to residents or patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a resident or patient. Sets forth matters that must be included in the policy, including: (1) analysis of the risk of injury to residents or patients and nurses and other health care workers posted by the resident or patient handling needs of the resident or patient populations served by the facility and the physical environment in which the resident or patient handling and movement occurs; (2) education of nurses in the identification, assessment, and control of risks of injury to residents or patients and nurses and other health care workers during resident or patient handling; and (3) evaluation of alternative ways to reduce risks associated with resident or patient handling, including evaluation of equipment and the environment. Requires that Department of Human Services-operated State mental health centers and developmental centers and the University of Illinois Hospital comply with these provisions. Effective January 1, 2010.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB2285 |
|
LRB096 07590 DRJ 17685 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Administrative Act is amended by changing Section | 6 |
| 4 as follows: | 7 |
| (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
| 8 |
| Sec. 4. Supervision of facilities and services; quarterly | 9 |
| reports.
| 10 |
| (a) To exercise executive and administrative supervision | 11 |
| over
all facilities, divisions, programs and services now | 12 |
| existing or
hereafter acquired or created under the | 13 |
| jurisdiction of the Department,
including, but not limited to, | 14 |
| the following:
| 15 |
| The Alton Mental Health Center, at Alton
| 16 |
| The Clyde L. Choate Mental Health and Developmental | 17 |
| Center, at Anna
| 18 |
| The Chester Mental Health Center, at Chester
| 19 |
| The Chicago-Read Mental Health Center, at Chicago
| 20 |
| The Elgin Mental Health Center, at Elgin
| 21 |
| The Metropolitan Children and Adolescents Center, at | 22 |
| Chicago
| 23 |
| The Jacksonville Developmental Center, at Jacksonville
|
|
|
|
HB2285 |
- 2 - |
LRB096 07590 DRJ 17685 b |
|
| 1 |
| The Governor Samuel H. Shapiro Developmental Center, | 2 |
| at Kankakee
| 3 |
| The Tinley Park Mental Health Center, at Tinley Park
| 4 |
| The Warren G. Murray Developmental Center, at | 5 |
| Centralia
| 6 |
| The Jack Mabley Developmental Center, at Dixon
| 7 |
| The Lincoln Developmental Center, at Lincoln
| 8 |
| The H. Douglas Singer Mental Health and Developmental | 9 |
| Center, at Rockford
| 10 |
| The John J. Madden Mental Health Center, at Chicago
| 11 |
| The George A. Zeller Mental Health Center, at Peoria
| 12 |
| The Andrew McFarland Mental Health Center, at | 13 |
| Springfield
| 14 |
| The Adolf Meyer Mental Health Center, at Decatur
| 15 |
| The William W. Fox Developmental Center, at Dwight
| 16 |
| The Elisabeth Ludeman Developmental Center, at Park | 17 |
| Forest
| 18 |
| The William A. Howe Developmental Center, at Tinley | 19 |
| Park
| 20 |
| The Ann M. Kiley Developmental Center, at Waukegan.
| 21 |
| (b) Beginning not later than July 1, 1977, the Department | 22 |
| shall cause
each of the facilities under its jurisdiction which | 23 |
| provide in-patient
care to comply with standards, rules and | 24 |
| regulations of the Department
of Public Health prescribed under | 25 |
| Section 6.05 of the Hospital
Licensing Act.
| 26 |
| (b-5) The Department shall cause
each of the facilities |
|
|
|
HB2285 |
- 3 - |
LRB096 07590 DRJ 17685 b |
|
| 1 |
| under its jurisdiction that provide in-patient
care to comply | 2 |
| with Section 6.25 of the Hospital
Licensing Act. | 3 |
| (c) The Department shall issue quarterly reports on | 4 |
| admissions,
deflections, discharges, bed closures, | 5 |
| staff-resident ratios, census,
average length of stay, and any | 6 |
| adverse federal certification or
accreditation findings, if | 7 |
| any, for each State-operated facility for the
mentally ill
and | 8 |
| developmentally disabled.
| 9 |
| (Source: P.A. 93-636, eff. 6-1-04 .)
| 10 |
| Section 10. The University of Illinois Hospital Act is | 11 |
| amended by adding Section 8 as follows: | 12 |
| (110 ILCS 330/8 new) | 13 |
| Sec. 8. Safe patient handling policy. The University of | 14 |
| Illinois Hospital shall cause
each of the facilities under its | 15 |
| jurisdiction that provide in-patient
care to comply with | 16 |
| Section 6.25 of the Hospital
Licensing Act. | 17 |
| Section 15. The Nursing Home Care Act is amended by adding | 18 |
| Section 3-206.05 as follows: | 19 |
| (210 ILCS 45/3-206.05 new) | 20 |
| Sec. 3-206.05. Safe resident handling policy. | 21 |
| (a) In this Section: | 22 |
| "Health care worker" means an individual providing direct |
|
|
|
HB2285 |
- 4 - |
LRB096 07590 DRJ 17685 b |
|
| 1 |
| resident care services who may be required to lift, transfer, | 2 |
| reposition, or move a resident. | 3 |
| "Nurse" means an advanced practice nurse, a registered | 4 |
| nurse, or a licensed practical nurse licensed under the Nurse | 5 |
| Practice Act. | 6 |
| (b) A facility must adopt and ensure implementation of a | 7 |
| policy to identify, assess, and develop strategies to control | 8 |
| risk of injury to residents and nurses and other health care | 9 |
| workers associated with the lifting, transferring, | 10 |
| repositioning, or movement of a resident. The policy shall | 11 |
| establish a process that, at a minimum, includes all of the | 12 |
| following: | 13 |
| (1) Analysis of the risk of injury to residents and | 14 |
| nurses and other health care workers posted by the resident | 15 |
| handling needs of the resident populations served by the | 16 |
| facility and the physical environment in which the resident | 17 |
| handling and movement occurs. | 18 |
| (2) Education of nurses in the identification, | 19 |
| assessment, and control of risks of injury to residents and | 20 |
| nurses and other health care workers during resident | 21 |
| handling. | 22 |
| (3) Evaluation of alternative ways to reduce risks | 23 |
| associated with resident handling, including evaluation of | 24 |
| equipment and the environment. | 25 |
| (4) Restriction, to the extent feasible with existing | 26 |
| equipment and aids, of manual resident handling or movement |
|
|
|
HB2285 |
- 5 - |
LRB096 07590 DRJ 17685 b |
|
| 1 |
| of all or most of a resident's weight except for emergency, | 2 |
| life-threatening, or otherwise exceptional circumstances. | 3 |
| (5) Collaboration with and an annual report to the | 4 |
| nurse staffing committee. | 5 |
| (6) Procedures for a nurse to refuse to perform or be | 6 |
| involved in resident handling or movement that the nurse in | 7 |
| good faith believes will expose a resident or nurse or | 8 |
| other health care worker to an unacceptable risk of injury. | 9 |
| (7) Submission of an annual report to the facility's | 10 |
| governing body or quality assurance committee on | 11 |
| activities related to the identification, assessment, and | 12 |
| development of strategies to control risk of injury to | 13 |
| residents and nurses and other health care workers | 14 |
| associated with the lifting, transferring, repositioning, | 15 |
| or movement of a resident. | 16 |
| (8) In developing architectural plans for construction | 17 |
| or remodeling of a facility or unit of a facility in which | 18 |
| resident handling and movement occurs, consideration of | 19 |
| the feasibility of incorporating resident handling | 20 |
| equipment or the physical space and construction design | 21 |
| needed to incorporate that equipment. | 22 |
| Section 20. The Hospital Licensing Act is amended by adding | 23 |
| Section 6.25 as follows: | 24 |
| (210 ILCS 85/6.25 new) |
|
|
|
HB2285 |
- 6 - |
LRB096 07590 DRJ 17685 b |
|
| 1 |
| Sec. 6.25. Safe patient handling policy. | 2 |
| (a) In this Section: | 3 |
| "Health care worker" means an individual providing direct | 4 |
| patient care services who may be required to lift, transfer, | 5 |
| reposition, or move a patient. | 6 |
| "Nurse" means an advanced practice nurse, a registered | 7 |
| nurse, or a licensed practical nurse licensed under the Nurse | 8 |
| Practice Act. | 9 |
| (b) A hospital must adopt and ensure implementation of a | 10 |
| policy to identify, assess, and develop strategies to control | 11 |
| risk of injury to patients and nurses and other health care | 12 |
| workers associated with the lifting, transferring, | 13 |
| repositioning, or movement of a patient. The policy shall | 14 |
| establish a process that, at a minimum, includes all of the | 15 |
| following: | 16 |
| (1) Analysis of the risk of injury to patients and | 17 |
| nurses and other health care workers posted by the patient | 18 |
| handling needs of the patient populations served by the | 19 |
| hospital and the physical environment in which the patient | 20 |
| handling and movement occurs. | 21 |
| (2) Education of nurses in the identification, | 22 |
| assessment, and control of risks of injury to patients and | 23 |
| nurses and other health care workers during patient | 24 |
| handling. | 25 |
| (3) Evaluation of alternative ways to reduce risks | 26 |
| associated with patient handling, including evaluation of |
|
|
|
HB2285 |
- 7 - |
LRB096 07590 DRJ 17685 b |
|
| 1 |
| equipment and the environment. | 2 |
| (4) Restriction, to the extent feasible with existing | 3 |
| equipment and aids, of manual patient handling or movement | 4 |
| of all or most of a patient's weight except for emergency, | 5 |
| life-threatening, or otherwise exceptional circumstances. | 6 |
| (5) Collaboration with and an annual report to the | 7 |
| nurse staffing committee. | 8 |
| (6) Procedures for a nurse to refuse to perform or be | 9 |
| involved in patient handling or movement that the nurse in | 10 |
| good faith believes will expose a patient or nurse or other | 11 |
| health care worker to an unacceptable risk of injury. | 12 |
| (7) Submission of an annual report to the hospital's | 13 |
| governing body or quality assurance committee on | 14 |
| activities related to the identification, assessment, and | 15 |
| development of strategies to control risk of injury to | 16 |
| patients and nurses and other health care workers | 17 |
| associated with the lifting, transferring, repositioning, | 18 |
| or movement of a patient. | 19 |
| (8) In developing architectural plans for construction | 20 |
| or remodeling of a hospital or unit of a hospital in which | 21 |
| patient handling and movement occurs, consideration of the | 22 |
| feasibility of incorporating patient handling equipment or | 23 |
| the physical space and construction design needed to | 24 |
| incorporate that equipment.
| 25 |
| Section 99. Effective date. This Act takes effect January | 26 |
| 1, 2010.
|
|