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Public Act 097-0866 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by changing | ||||
Section 3-206.05 as follows: | ||||
(210 ILCS 45/3-206.05) | ||||
Sec. 3-206.05. Safe resident handling policy. | ||||
(a) In this Section: | ||||
"Health care worker" means an individual providing direct | ||||
resident care services who may be required to lift, transfer, | ||||
reposition, or move a resident. | ||||
"Nurse" means an advanced practice nurse, a registered | ||||
nurse, or a licensed practical nurse licensed under the Nurse | ||||
Practice Act. | ||||
"Safe lifting equipment and accessories" means mechanical
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equipment designed to lift, move, reposition, and transfer
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residents, including, but not limited to, fixed and portable
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ceiling lifts, sit-to-stand lifts, slide sheets and boards,
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slings, and repositioning and turning sheets. | ||||
"Safe lifting team" means at least 2 individuals who are
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trained and proficient in the use of both safe lifting | ||||
techniques and safe
lifting equipment and accessories. | ||||
"Adjustable equipment" means products and devices that may |
be adapted for use by individuals with physical and other | ||
disabilities in order to optimize accessibility. Adjustable | ||
equipment includes, but is not limited to, the following: | ||
(1) Wheelchairs with adjustable footrest height and | ||
seat width and depth. | ||
(2) Height-adjustable, drop-arm commode chairs and | ||
height-adjustable shower gurneys or shower benches to | ||
enable individuals with mobility disabilities to use a | ||
toilet and to shower safely and with increased comfort. | ||
(3) Accessible weight scales that accommodate | ||
wheelchair users. | ||
(4) Height-adjustable beds that can be lowered to | ||
accommodate individuals with mobility disabilities in | ||
getting in and out of bed and that utilize drop-down side | ||
railings for stability and positioning support. | ||
(5) Universally designed or adaptable call buttons and | ||
motorized bed position and height controls that can be | ||
operated by persons with limited or no reach range, fine | ||
motor ability, or vision. | ||
(6) Height-adjustable platform tables for physical | ||
therapy with drop-down side railings for stability and | ||
positioning support. | ||
(7) Therapeutic rehabilitation and exercise machines | ||
with foot straps to secure the user's feet to the pedals | ||
and with cuffs or splints to augment the user's grip | ||
strength on handles. |
(b) A facility must adopt and ensure implementation of a | ||
policy to identify, assess, and develop strategies to control | ||
risk of injury to residents and nurses and other health care | ||
workers associated with the lifting, transferring, | ||
repositioning, or movement of a resident. The policy shall | ||
establish a process that, at a minimum, includes all of the | ||
following: | ||
(1) Analysis of the risk of injury to residents and | ||
nurses and other health care workers taking into account | ||
the resident handling needs of the resident populations | ||
served by the facility and the physical environment in | ||
which the resident handling and movement occurs. | ||
(2) Education and training of nurses and other direct
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resident care providers in the identification, assessment, | ||
and control of risks of injury to residents and nurses and | ||
other health care workers during resident handling and on
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safe lifting policies and techniques and current lifting
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equipment . | ||
(3) Evaluation of alternative ways to reduce risks | ||
associated with resident handling, including evaluation of | ||
equipment and the environment. | ||
(4) Restriction, to the extent feasible with existing | ||
equipment and aids, of manual resident handling or movement | ||
of all or most of a resident's weight except for emergency, | ||
life-threatening, or otherwise exceptional circumstances. | ||
(5) Procedures for a nurse to refuse to perform or be |
involved in resident handling or movement that the nurse in | ||
good faith believes will expose a resident or nurse or | ||
other health care worker to an unacceptable risk of injury. | ||
(6) Development of strategies to control risk of injury | ||
to residents and nurses and other health care workers | ||
associated with the lifting, transferring, repositioning, | ||
or movement of a resident. | ||
(7) In developing architectural plans for construction | ||
or remodeling of a facility or unit of a facility in which | ||
resident handling and movement occurs, consideration of | ||
the feasibility of incorporating resident handling | ||
equipment or the physical space and construction design | ||
needed to incorporate that equipment.
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(8) Fostering and maintaining resident safety, | ||
dignity, self-determination, and choice, including the | ||
following policies, strategies, and procedures: | ||
(A) The existence and availability of a trained | ||
safe lifting team. | ||
(B) A policy of advising residents of a range of | ||
transfer and lift options, including adjustable | ||
diagnostic and treatment equipment, mechanical lifts, | ||
and provision of a trained safe lifting team. | ||
(C) The right of a competent resident, or the | ||
guardian of a resident adjudicated incompetent, to | ||
choose among the range of transfer and lift options | ||
consistent with the procedures set forth under |
subdivision (b)(5) and the policies set forth under | ||
this paragraph (8), subject to the provisions of | ||
subparagraph (E) of this paragraph (8). | ||
(D) Procedures for documenting, upon admission and | ||
as status changes, a mobility assessment and plan for | ||
lifting, transferring, repositioning, or movement of a | ||
resident, including the choice of the resident or the | ||
resident's guardian among the range of transfer and | ||
lift options. | ||
(E) Incorporation of such safe lifting procedures, | ||
techniques, and equipment as are consistent with | ||
applicable federal law. | ||
(c) Safe lifting teams must receive specialized, in-depth | ||
training that includes, but need not be limited to, the | ||
following: | ||
(1) Types and operation of equipment. | ||
(2) Safe manual lifting and moving techniques. | ||
(3) Ergonomic principles in the assessment of risk both | ||
to nurses and other workers and to residents. | ||
(4) The selection, safe use, location, and condition of | ||
appropriate pieces of equipment individualized to each | ||
resident's medical and physical conditions and | ||
preferences. | ||
(5) Procedures for advising residents of the full range | ||
of transfer and lift options and for documenting | ||
individualized lifting plans that include resident choice. |
Specialized, in-depth training may rely on federal | ||
standards and guidelines such as the United States Department | ||
of Labor Guidelines for Nursing Homes, supplemented by federal | ||
requirements for barrier removal, independent access, and | ||
means of accommodation optimizing independent movement and | ||
transfer. | ||
(Source: P.A. 96-389, eff. 1-1-10.)
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