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A bill to be entitled

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An act relating to the safe lifting of hospitalized

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patients; creating s. 381.396, F.S.; defining the term

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"hospital"; requiring that hospitals establish by a

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specified date a policy concerning the safe lifting of

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patients by hospital employees; providing criteria

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concerning the policy; providing for a committee to

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develop the policy; providing for membership of the

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committee; requiring continuing evaluation of the policy;

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providing an effective date.

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

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     Section 1.  Section 381.396, Florida Statutes, is created to

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read:

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     381.396 Policy for the safe lifting of patients.--

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     (1) As used in this section, the term "hospital" means a

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health care facility licensed by the Agency for Health Care

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Administration as a hospital under chapter 395.

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     (2) By December 2008, each hospital shall establish an

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evidence-based policy addressing the safe lifting and associated

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handling of patients by hospital employees which minimizes the

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risk of injuries to patients and employees. The policy shall be

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developed by a committee composed of an appropriate mix of

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management and nonmanagement employees, at least half of whom are

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clinical employees engaged in direct patient care, including

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registered nurses engaged in direct patient care. The hospital

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may assign this task to a newly created committee or to an

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existing committee.

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     (3) In developing the policy, the committee shall:

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     (a) Use data to evaluate the risk of injury to patients and

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employees.

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     (b) Determine the appropriateness of alternative strategies

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for lifting and handling patients based on the population of

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patients at the hospital and identified hospital-specific risk

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factors. At a minimum, the committee shall consider:

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     1. Mechanical lifting devices or other engineering controls

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that minimize the need to manually lift and move the patient;

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     2. Lifting teams;

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     3. Training in safely lifting patients for each employee

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engaged in caring for patients; and

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     4. Incorporating physical space and construction design for

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mechanical lifting devices in architectural plans for

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construction or renovation of the hospital.

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     (4) The committee shall develop an ongoing evaluation

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process to determine the effectiveness of the policy that the

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hospital establishes under this section.

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     Section 2.  This act shall take effect October 1, 2008.