Bill Text: MI SB0193 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health facilities; hospitals; safe patient handling committee and program; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21525.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-02-05 - Referred To Committee On Health Policy [SB0193 Detail]

Download: Michigan-2009-SB0193-Introduced.html

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SENATE BILL No. 193

 

 

February 5, 2009, Introduced by Senators OLSHOVE, CHERRY, SCOTT and GLEASON and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 21525.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21525. (1) By January 1, 2010, each hospital shall

 

establish a safe patient handling committee either by creating a

 

new committee or assigning the functions of a safe patient handling

 

committee to an existing committee. The purpose of the committee is

 

to design and recommend the process for implementing a safe patient

 

handling program. At least 1/2 of the members of the safe patient

 

handling committee shall be frontline nonmanagerial employees who

 

provide direct care to patients, unless maintaining this proportion

 

will adversely affect patient care.

 

     (2) By September 1, 2010, each hospital must establish a safe

 

patient handling program. As part of this program, a hospital shall

 

do each of the following:

 

     (a) Implement a safe patient handling policy for all shifts

 

and units of the hospital. Implementation of the safe patient

 

handling policy may be phased in with the acquisition of equipment

 

under subdivision (f).

 

     (b) Conduct a patient handling hazard assessment. This

 

assessment should consider such variables as patient-handling

 

tasks, types of nursing units, patient populations, and the

 

physical environment of patient care areas.

 

     (c) Develop a process to identify the appropriate use of the

 

safe patient handling policy based on the patient's physical and

 

medical condition and the availability of lifting equipment or lift

 

teams. The policy shall include a means to address circumstances

 

under which it would be medically contraindicated to use lifting or

 

transfer aids or assistive devices for particular patients.

 

     (d) Conduct an annual performance evaluation of the program to

 

determine its effectiveness, with the results of the evaluation

 

reported to the safe patient handling committee. The evaluation

 

shall determine the extent to which implementation of the program

 

has resulted in a reduction in musculoskeletal disorder claims and

 

days of lost work attributable to musculoskeletal disorder caused

 

by patient handling and include recommendations to increase the

 

program's effectiveness.

 

     (e) When developing architectural plans for constructing or

 

remodeling a hospital or a unit of a hospital in which patient

 

handling and movement occurs, consider the feasibility of

 

incorporating patient handling equipment or the physical space and

 

construction design needed to incorporate that equipment at a later

 

date.

 

     (f) By December 31, 2013, each hospital shall complete, at a

 

minimum, acquisition of 1 of the following:

 

     (i) One readily available lift per acute care unit on the same

 

floor unless the safe patient handling committee determines that a

 

lift is unnecessary in the unit.

 

     (ii) One lift for every 10 acute care available inpatient beds.

 

     (iii) Equipment for use by lift teams.

 

     (3) Each hospital shall train its staff on policies,

 

equipment, and devices obtained pursuant to subsection (2)(f) at

 

least annually.

 

     (4) Nothing in this section precludes a lift team member from

 

performing other duties as assigned during his or her shift.

 

     (5) A hospital shall develop procedures for hospital employees

 

to refuse to perform or be involved in patient handling or movement

 

that the hospital employee believes in good faith will expose a

 

patient or a hospital employee to an unacceptable risk of injury. A

 

hospital employee who in good faith follows the procedure developed

 

by the hospital under this subsection shall not be the subject of

 

disciplinary action by the hospital for the refusal to perform or

 

be involved in the patient handling or movement.

 

     (6) As used in this section:

 

     (a) "Lift team" means hospital employees specially trained to

 

conduct patient lifts, transfers, and reposition using lifting

 

equipment when appropriate.

 

     (b) "Musculoskeletal disorders" means conditions that involve

 

the nerves, tendons, muscles, and supporting structures of the

 

body.

 

     (c) "Safe patient handling" means the use of engineering

 

controls, lifting and transfer aids, or assistive devices, by lift

 

teams or other staff, instead of manual lifting to perform the acts

 

of lifting, transferring, and repositioning health care patients

 

and residents.