Public Act 096-0389
 
HB2285 Enrolled LRB096 07590 DRJ 17685 b

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

Effective Date: 1/1/2010