Creates the New York state safe patient handling task force

27 Co-sponsors

• Richard Gottfried
• Francine DelMonte
• Dennis H. Gabryszak
• Sam Hoyt
• Crystal Peoples-Stokes
• Mark J.F. Schroeder
• Sandy Galef
• Steven Englebright
• Aileen Gunther
• Michelle Schimel
• Philip Ramos
• Mike Spano
• Karim Camara
• Barbara Clark
• Felix Ortiz
• Inez Barron
• Vanessa Gibson
• Annette Robinson
• Amy Paulin
• Adam Clayton Powell IV
• Janele Hyer-Spencer
• Frank Skartados
• Nelson Castro
• Linda Rosenthal
• Rory Lancman
• William Colton
• N. Nick Perry

14 Multi-sponsors

• Marc Alessi
• Robert Barra
• Marcos Crespo
• Michael Cusick
• RoAnn Destito
• Earlene Hooper
• George Latimer
• Barbara Lifton
• Donna Lupardo
• Margaret Markey
• Nettie Mayersohn
• Grace Meng
• Robert Sweeney
• Helene Weinstein

BILL NUMBER:A2047B

Title of bill

An act to amend the public health law and the education law, in relation to a safe patient handling policy for health care facilities

Purpose or general idea of bill

To create a Statewide Safe Patient Handling policy for all health care facilities in New York State.

Summary of specific provisions

Section 1 adds a new title 4 to article 29-d of the public health law. The bill creates an eleven member New York State Safe Patient Handling Task Force within the Department, of Health, which includes the composition of the task force and its powers and duties. The bill requires that a report identifying Safe Patient Handling Program elements and recommendations to the Commissioner of Health by July 1, 2010.

The Commissioner of Health in consultation with the task force shall promulgate rules and regulations for a statewide safe patient handling policy to be made available to all health care facilities by January 1, 2011.

Requires all facilities covered by this act to file a plan for compliance with the Department of Health by July 1, 2011 that must be accepted by the Department of Health by January 1, 2012.

Requires all covered facilities to establish Safe Patient Handling Committees to assist with compliance and training requirements of the statewide policy.

Section 2 adds a new section 6510-e to the education law stating that a nurse's refusal to engage in patient handling not consistent with the state safe patient handling policy shall not be considered professional misconduct. The section pertains to refusal of a licensed or unlicensed health care workers refusal to engage in patient handling not consistent with the state safe patient handling policy shall not be considered professional misconduct.

Justification: Safe Patient Handling uses the latest technology to assist patients with movement. The -old- method of manual lifting can cause patients fear, anxiety and discomfort, not to mention it increases the chance of slips, falls and drops. Patients can also develop skin tears and bruising due to manual lifting. For patients, the safe patient handling program improves safety and comfort, reduces the risk of falls, drops, skin tears and bruising, reduces fear and anxiety, gives residents/patients greater satisfaction of their care, makes residents/patients more independent, increases dignity, improves urinary continence and makes patients more ambulatory. For Health care workers, safe patient handling programs reduce injuries, decrease pain and muscle fatigue, decrease lost work days, decreases overtime, increases morale and job satisfaction. For health care facilities, safe patient handling programs increase the quality of care for patients, increases employees retention rates, reduces injuries to workers, which reduces worker compensation claims, lost days and lawsuits.

Legislative history

A.11484 of 2008: reported to Ways & Means

Fiscal implications

To be determined

Effective date

This act shall take effect 120 days after it shall have become a law.