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Full Text of SB0680  97th General Assembly

SB0680enr 97TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-206.05 as follows:
 
6    (210 ILCS 45/3-206.05)
7    Sec. 3-206.05. Safe resident handling policy.
8    (a) In this Section:
9    "Health care worker" means an individual providing direct
10resident care services who may be required to lift, transfer,
11reposition, or move a resident.
12    "Nurse" means an advanced practice nurse, a registered
13nurse, or a licensed practical nurse licensed under the Nurse
14Practice Act.
15    "Safe lifting equipment and accessories" means mechanical
16equipment designed to lift, move, reposition, and transfer
17residents, including, but not limited to, fixed and portable
18ceiling lifts, sit-to-stand lifts, slide sheets and boards,
19slings, and repositioning and turning sheets.
20    "Safe lifting team" means at least 2 individuals who are
21trained and proficient in the use of both safe lifting
22techniques and safe lifting equipment and accessories.
23    "Adjustable equipment" means products and devices that may

 

 

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1be adapted for use by individuals with physical and other
2disabilities in order to optimize accessibility. Adjustable
3equipment includes, but is not limited to, the following:
4        (1) Wheelchairs with adjustable footrest height and
5    seat width and depth.
6        (2) Height-adjustable, drop-arm commode chairs and
7    height-adjustable shower gurneys or shower benches to
8    enable individuals with mobility disabilities to use a
9    toilet and to shower safely and with increased comfort.
10        (3) Accessible weight scales that accommodate
11    wheelchair users.
12        (4) Height-adjustable beds that can be lowered to
13    accommodate individuals with mobility disabilities in
14    getting in and out of bed and that utilize drop-down side
15    railings for stability and positioning support.
16        (5) Universally designed or adaptable call buttons and
17    motorized bed position and height controls that can be
18    operated by persons with limited or no reach range, fine
19    motor ability, or vision.
20        (6) Height-adjustable platform tables for physical
21    therapy with drop-down side railings for stability and
22    positioning support.
23        (7) Therapeutic rehabilitation and exercise machines
24    with foot straps to secure the user's feet to the pedals
25    and with cuffs or splints to augment the user's grip
26    strength on handles.

 

 

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1    (b) A facility must adopt and ensure implementation of a
2policy to identify, assess, and develop strategies to control
3risk of injury to residents and nurses and other health care
4workers associated with the lifting, transferring,
5repositioning, or movement of a resident. The policy shall
6establish a process that, at a minimum, includes all of the
7following:
8        (1) Analysis of the risk of injury to residents and
9    nurses and other health care workers taking into account
10    the resident handling needs of the resident populations
11    served by the facility and the physical environment in
12    which the resident handling and movement occurs.
13        (2) Education and training of nurses and other direct
14    resident care providers in the identification, assessment,
15    and control of risks of injury to residents and nurses and
16    other health care workers during resident handling and on
17    safe lifting policies and techniques and current lifting
18    equipment.
19        (3) Evaluation of alternative ways to reduce risks
20    associated with resident handling, including evaluation of
21    equipment and the environment.
22        (4) Restriction, to the extent feasible with existing
23    equipment and aids, of manual resident handling or movement
24    of all or most of a resident's weight except for emergency,
25    life-threatening, or otherwise exceptional circumstances.
26        (5) Procedures for a nurse to refuse to perform or be

 

 

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1    involved in resident handling or movement that the nurse in
2    good faith believes will expose a resident or nurse or
3    other health care worker to an unacceptable risk of injury.
4        (6) Development of strategies to control risk of injury
5    to residents and nurses and other health care workers
6    associated with the lifting, transferring, repositioning,
7    or movement of a resident.
8        (7) In developing architectural plans for construction
9    or remodeling of a facility or unit of a facility in which
10    resident handling and movement occurs, consideration of
11    the feasibility of incorporating resident handling
12    equipment or the physical space and construction design
13    needed to incorporate that equipment.
14        (8) Fostering and maintaining resident safety,
15    dignity, self-determination, and choice, including the
16    following policies, strategies, and procedures:
17            (A) The existence and availability of a trained
18        safe lifting team.
19            (B) A policy of advising residents of a range of
20        transfer and lift options, including adjustable
21        diagnostic and treatment equipment, mechanical lifts,
22        and provision of a trained safe lifting team.
23            (C) The right of a competent resident, or the
24        guardian of a resident adjudicated incompetent, to
25        choose among the range of transfer and lift options
26        consistent with the procedures set forth under

 

 

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1        subdivision (b)(5) and the policies set forth under
2        this paragraph (8), subject to the provisions of
3        subparagraph (E) of this paragraph (8).
4            (D) Procedures for documenting, upon admission and
5        as status changes, a mobility assessment and plan for
6        lifting, transferring, repositioning, or movement of a
7        resident, including the choice of the resident or the
8        resident's guardian among the range of transfer and
9        lift options.
10            (E) Incorporation of such safe lifting procedures,
11        techniques, and equipment as are consistent with
12        applicable federal law.
13    (c) Safe lifting teams must receive specialized, in-depth
14training that includes, but need not be limited to, the
15following:
16        (1) Types and operation of equipment.
17        (2) Safe manual lifting and moving techniques.
18        (3) Ergonomic principles in the assessment of risk both
19    to nurses and other workers and to residents.
20        (4) The selection, safe use, location, and condition of
21    appropriate pieces of equipment individualized to each
22    resident's medical and physical conditions and
23    preferences.
24        (5) Procedures for advising residents of the full range
25    of transfer and lift options and for documenting
26    individualized lifting plans that include resident choice.

 

 

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1    Specialized, in-depth training may rely on federal
2standards and guidelines such as the United States Department
3of Labor Guidelines for Nursing Homes, supplemented by federal
4requirements for barrier removal, independent access, and
5means of accommodation optimizing independent movement and
6transfer.
7(Source: P.A. 96-389, eff. 1-1-10.)