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Full Text of SB0680  97th General Assembly

SB0680sam001 97TH GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 2/27/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 680

2    AMENDMENT NO. ______. Amend Senate Bill 680 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing Section 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

 

 

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1residents, including, but not limited to, fixed and portable
2ceiling lifts, sit-to-stand lifts, slide sheets and boards,
3slings, and repositioning and turning sheets.
4    "Safe lifting team" means at least 2 individuals who are
5trained and proficient in the use of both safe lifting
6techniques and safe lifting equipment and accessories.
7    "Adjustable equipment" means products and devices that may
8be adapted for use by individuals with physical and other
9disabilities in order to optimize accessibility. Adjustable
10equipment includes, but is not limited to, the following:
11        (1) Wheelchairs with adjustable footrest height and
12    seat width and depth.
13        (2) Height-adjustable, drop-arm commode chairs and
14    height-adjustable shower gurneys or shower benches to
15    enable individuals with mobility disabilities to use a
16    toilet and to shower safely and with increased comfort.
17        (3) Accessible weight scales that accommodate
18    wheelchair users.
19        (4) Height-adjustable beds that can be lowered to
20    accommodate individuals with mobility disabilities in
21    getting in and out of bed and that utilize drop-down side
22    railings for stability and positioning support.
23        (5) Universally designed or adaptable call buttons and
24    motorized bed position and height controls that can be
25    operated by persons with limited or no reach range, fine
26    motor ability, or vision.

 

 

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1        (6) Height-adjustable platform tables for physical
2    therapy with drop-down side railings for stability and
3    positioning support.
4        (7) Therapeutic rehabilitation and exercise machines
5    with foot straps to secure the user's feet to the pedals
6    and with cuffs or splints to augment the user's grip
7    strength on handles.
8    (b) A facility must adopt and ensure implementation of a
9policy to identify, assess, and develop strategies to control
10risk of injury to residents and nurses and other health care
11workers associated with the lifting, transferring,
12repositioning, or movement of a resident. The policy shall
13establish a process that, at a minimum, includes all of the
14following:
15        (1) Analysis of the risk of injury to residents and
16    nurses and other health care workers taking into account
17    the resident handling needs of the resident populations
18    served by the facility and the physical environment in
19    which the resident handling and movement occurs.
20        (2) Education and training of nurses and other direct
21    resident care providers in the identification, assessment,
22    and control of risks of injury to residents and nurses and
23    other health care workers during resident handling and on
24    safe lifting policies and techniques and current lifting
25    equipment.
26        (3) Evaluation of alternative ways to reduce risks

 

 

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1    associated with resident handling, including evaluation of
2    equipment and the environment.
3        (4) Restriction, to the extent feasible with existing
4    equipment and aids, of manual resident handling or movement
5    of all or most of a resident's weight except for emergency,
6    life-threatening, or otherwise exceptional circumstances.
7        (5) Procedures for a nurse to refuse to perform or be
8    involved in resident handling or movement that the nurse in
9    good faith believes will expose a resident or nurse or
10    other health care worker to an unacceptable risk of injury.
11        (6) Development of strategies to control risk of injury
12    to residents and nurses and other health care workers
13    associated with the lifting, transferring, repositioning,
14    or movement of a resident.
15        (7) In developing architectural plans for construction
16    or remodeling of a facility or unit of a facility in which
17    resident handling and movement occurs, consideration of
18    the feasibility of incorporating resident handling
19    equipment or the physical space and construction design
20    needed to incorporate that equipment.
21        (8) Fostering and maintaining resident safety,
22    dignity, self-determination, and choice, including the
23    following policies, strategies, and procedures:
24            (A) The existence and availability of a trained
25        safe lifting team.
26            (B) A policy of advising residents of a range of

 

 

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1        transfer and lift options, including adjustable
2        diagnostic and treatment equipment, mechanical lifts,
3        and provision of a trained safe lifting team.
4            (C) The right of a competent resident, or the
5        guardian of a resident adjudicated incompetent, to
6        choose among the range of transfer and lift options
7        consistent with the procedures set forth under
8        subdivision (b)(5) and the policies set forth under
9        this paragraph (8), subject to the provisions of
10        subparagraph (E) of this paragraph (8).
11            (D) Procedures for documenting, upon admission and
12        as status changes, a mobility assessment and plan for
13        lifting, transferring, repositioning, or movement of a
14        resident, including the choice of the resident or the
15        resident's guardian among the range of transfer and
16        lift options.
17            (E) Incorporation of such safe lifting procedures,
18        techniques, and equipment as are consistent with
19        applicable federal law.
20    (c) Safe lifting teams must receive specialized, in-depth
21training that includes, but need not be limited to, the
22following:
23        (1) Types and operation of equipment.
24        (2) Safe manual lifting and moving techniques.
25        (3) Ergonomic principles in the assessment of risk both
26    to nurses and other workers and to residents.

 

 

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1        (4) The selection, safe use, location, and condition of
2    appropriate pieces of equipment individualized to each
3    resident's medical and physical conditions and
4    preferences.
5        (5) Procedures for advising residents of the full range
6    of transfer and lift options and for documenting
7    individualized lifting plans that include resident choice.
8    Specialized, in-depth training may rely on federal
9standards and guidelines such as the United States Department
10of Labor Guidelines for Nursing Homes, supplemented by federal
11requirements for barrier removal, independent access, and
12means of accommodation optimizing independent movement and
13transfer.
14(Source: P.A. 96-389, eff. 1-1-10.)".