Senate Bill sb2244

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2244

    By Senator Miller





    18-1274-06

  1                      A bill to be entitled

  2         An act relating to patient handling; creating

  3         s. 381.029, F.S.; providing definitions;

  4         requiring the governing body of a hospital or

  5         nursing home to adopt a policy regarding the

  6         safe movement of patients; providing

  7         requirements for the policy; requiring a

  8         hospital or nursing home to submit its policy

  9         for the safe movement of patients to a patient

10         safety center and the Agency for Health Care

11         Administration; prohibiting a health care

12         facility from retaliating or discriminating

13         against an employee who, in good faith, reports

14         a violation of the act, initiates or

15         participates in an investigation brought by a

16         regulatory agency or accrediting body with

17         regard to a violation of this act, or discusses

18         a violation of this act with certain

19         individuals; providing that an employee is

20         acting in good faith under certain conditions;

21         requiring the agency to adopt rules; providing

22         an effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Section 381.029, Florida Statutes, is

27  created to read:

28         381.029  Safe patient handling and movement

29  practices.--

30         (1)  As used in this section, the term:

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2244
    18-1274-06




 1         (a)  "Agency" means the Agency for Health Care

 2  Administration.

 3         (b)  "Hospital" means an institution licensed under

 4  chapter 395.

 5         (c)  "Nursing home" means an institution licensed under

 6  chapter 400.

 7         (2)(a)  The governing body of a hospital or nursing

 8  home shall adopt and implement a policy and program to

 9  identify, assess, and develop strategies to control the risk

10  of injury to patients and nurses associated with the lifting,

11  transferring, repositioning, or movement of a patient.

12         (b)  The policy shall be consistent with a minimal-lift

13  philosophy and establish a process that, at a minimum,

14  includes:

15         1.  Establishment of a safe patient handling committee

16  with the responsibility of implementing a minimal manual lift

17  program in the facility. The committee can be a subcommittee

18  of an existing committee and shall include in its membership

19  representatives of the bargaining unit if one is recognized

20  and members of the clinical nursing staff from various units

21  of the facility;

22         2.  Analysis of the risk of injury to patients, nurses,

23  and health care workers posed by the patient-handling needs of

24  the patient populations served by the hospital or nursing home

25  and the physical environment in which patient handling and

26  movement occurs; 

27         3.  Education of a back injury resource nurse to serve

28  as an expert resource and to provide education to all clinical

29  nurses in the identification, assessment, and control of risks

30  of injury to patients and nurses during patient handling;

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2244
    18-1274-06




 1         4.  Evaluation of alternative ways to reduce risks

 2  associated with patient handling, including evaluation of

 3  equipment and the environment;

 4         5.  Establishment of a program that will eliminate

 5  unnecessary manual lifting, transferring, and repositioning of

 6  patients by implementing models that have shown success in the

 7  peer-reviewed science, such as zero lift, minimal lift, or

 8  lift team models;

 9         6.  Acquisition of, training with, and deployment of

10  sufficient equipment and aids so that manual lifting,

11  repositioning, or transfer of all or most of a patient's

12  weight is restricted to emergency, life-threatening, or

13  otherwise exceptional circumstances;

14         7.  Collaboration with and submission of an annual

15  report to the nurse staffing committee;

16         8.  Procedures for nurses to refuse to perform, or be

17  involved in, patient handling or movement that the nurse

18  believes in good faith will expose a patient or a nurse to an

19  unacceptable risk of injury;

20         9.  Submission of an annual report to the governing

21  body of the hospital or nursing home, the patient safety

22  center, and the agency on activities related to the

23  identification, assessment, and development of strategies to

24  control risk of injury to patients, nurses, and other health

25  care workers associated with the lifting, transferring,

26  repositioning, or movement of a patient;

27         10.  Publication of the policy, a plan for implementing

28  the program, and publication of the results of an annual

29  evaluation that uses data analysis to measure the success of

30  the program; and

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2244
    18-1274-06




 1         11.  Consideration of the feasibility of incorporating

 2  patient handling equipment, or the physical space and

 3  construction design needed to incorporate that equipment at a

 4  later date, when developing architectural plans for

 5  constructing or remodeling a hospital or nursing home, or a

 6  unit of a hospital or nursing home, in which patient handling

 7  and movement occurs.

 8         (3)  The hospital or nursing home shall submit its

 9  policy and any plans for remodeling to the patient safety

10  center and the agency.

11         (4)  A health care facility may not penalize,

12  discriminate against, or retaliate in any manner against an

13  employee with respect to compensation for, or terms,

14  conditions, or privileges of, employment if such an employee

15  in good faith, individually or in conjunction with another

16  person or persons:

17         (a)  Reports a violation or suspected violation of this

18  section to a regulatory agency, a private accreditation body,

19  or management personnel of the health care facility;

20         (b)  Initiates, cooperates in, or otherwise

21  participates in an investigation or proceeding brought by a

22  regulatory agency or private accrediting body concerning

23  matters covered by this section;

24         (c)  Informs or discusses violations or suspected

25  violations of this section with any other employee, with any

26  representative of an employee, with a patient or patient

27  representative, or with the public; or

28         (d)  Otherwise avails himself or herself of the rights

29  set forth in this section.

30         (5)  For purposes of this section, an employee is

31  acting in good faith if the employee reasonably believes that

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2244
    18-1274-06




 1  the information reported or disclosed is true and that a

 2  violation has occurred or may occur.

 3         (6)  The agency shall adopt rules for administering

 4  this section which require compliance with policy development

 5  and reporting by January 1, 2007, and full implementation of

 6  safe-lift policies by July 1, 2007.

 7         Section 2.  This act shall take effect July 1, 2006.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Requires the governing body of a hospital or nursing home
      to adopt a policy regarding the safe movement of a
12    patient. Provides requirements for the policy. Requires a
      hospital or nursing home to submit its policy for the
13    safe movement of a patient to a patient safety center and
      the Agency for Health Care Administration. Prohibits a
14    health care facility from retaliating or discriminating
      against an employee who, in good faith, reports a
15    violation of the act, initiates or participates in an
      investigation brought by a regulatory agency or
16    accrediting body with regard to a violation of this act,
      or discusses a violation of this act with certain
17    individuals. Provides that an employee is acting in good
      faith under certain conditions. Requires the agency to
18    adopt rules.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.