Creates the New York state safe patient handling task force

BILL NUMBER:S217

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. Creates an eleven member New York State Safe Patient Handling Task Force within the Department of Health. Includes the composition of the task force and its powers and duties. Requires that a report identifying Safe Patient Handling Program elements and recommendations to the Commissioner of Health by July 1, 2011.

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, 2012.

Requires all facilities covered by this act to file a plan for compliance with the Department of Health by July 1, 2012 that must be accepted by the Department of Health by January 1, 2013.

Requires all covered facilities to establish Safe Patient Handling Committees to assist with compliance and training requirements of the statewide policy. pertains to enforcement of the act and sets procedures for complaints and corrective action.

Section 2- adds a new section 6510-f 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.

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.

Section 3 - Effective date

Justification

Safe Patient Handling uses the latest technology to assist patients with movement. The "old" method of lifting-Manual lifting- can cause patients fear, anxiety and discomfort, not to mention it increases the chance of slips, fall and drops. Patients can also develop skin tears and bruising due to manual lifting. For patients safe patient handling programs: Improves safety and comfort, reduce 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, makes patients more ambulatory. For Health care workers safe patient handling programs: Reduces injuries, decreases Pain and muscle fatigue, decreases lost work days, decreases overtime, increases morale and job satisfaction. For health care facilities safe patient handling programs: Increases the quality of

care for patients, increases employees retention rates, reduces injuries to workers, which reduces worker compensation claims, lost days and lawsuits.

Prior legislative history

S.8358/A.11484 of 2007-2008; Referred to Senate Rules Committee S.3432 of 2009-2010; Referred to Health

Fiscal implications

To be determined.

Effective date

This act shall take effect 90 days after it shall have become law.