2005S0499-1  03/08/05


By:  Zaffirini                                                    S.B. No. 1525


A BILL TO BE ENTITLED

AN ACT

relating to safe patient handling and movement practices of nurses 
in hospitals and nursing homes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle B, Title 4, Health and Safety Code, is 
amended by adding Chapter 256 to read as follows:
	CHAPTER 256.  SAFE PATIENT HANDLING AND MOVEMENT PRACTICES
	Sec. 256.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Hospital" means a general or special hospital, as 
defined by Section 241.003, a private mental hospital licensed 
under Chapter 577, or another hospital that is maintained or 
operated by the state.
		(2)  "Nursing home" means an institution licensed under 
Chapter 242. 
	Sec. 256.002.  REQUIRED SAFE PATIENT HANDLING AND MOVEMENT 
COMMITTEE.  (a)  The governing body of a hospital or nursing home 
shall appoint a safe patient handling and movement practices 
committee to identify, assess, and develop strategies to control 
risk of injury to patients and nurses associated with the lifting, 
transferring, repositioning, or movement of a patient.  The 
committee may function as a subcommittee of an existing safety 
committee so long as the requirements of this section are met.
	(b)  The committee must include a majority of 
representatives that are nurses involved in patient handling and 
movement.  The remaining members of the committee should be persons 
with expertise and experience relevant to safe patient handling and 
movement practices including health care management, purchasing, 
risk management, or occupational safety and health 
representatives.
	(c)  The committee shall:                                               
		(1)  analyze the risk of injury to both patients and 
nurses posed by the patient handling needs of the patient 
populations served by the hospital or nursing home and the physical 
environment in which patient handling and movement occurs;
		(2)  educate nurses in the identification, assessment, 
and control of risks of injury to patients and nurses during patient 
handling;
		(3)  evaluate alternative ways to reduce risks 
associated with patient handling including evaluation of equipment 
and the environment;
		(4)  maintain a patient handling injury log for use 
during the review required by Subdivision (5); and
		(5)  review, at least annually, actual experience with 
injuries during patient handling, and develop strategies to further 
reduce the risk of injury during patient handling.
	Sec. 256.003.  RESTRICTION ON MANUAL PATIENT HANDLING.  A 
hospital or nursing home shall restrict, to the extent feasible 
with existing equipment and aids, manual patient handling or 
movement of all or most of a patient's weight to emergency, 
life-threatening, or otherwise exceptional circumstances.
	Sec. 256.004.  PROCEDURES FOR NURSES.  A hospital or nursing 
home shall establish procedures for nurses to refuse to perform or 
be involved in patient handling or movement that the nurse believes 
in good faith will expose a patient or a nurse to an unacceptable 
risk of injury.  The hospital or nursing home may not retaliate 
against a nurse who follows the procedure.
	Sec. 256.005.  CONSTRUCTION OR REMODELING.  In developing 
architectural plans for constructing or remodeling a hospital or 
nursing home or a unit of a hospital or nursing home in which 
patient handling and movement occurs, the governing body of a 
hospital or nursing home should evaluate the feasibility of 
incorporating patient handling equipment or the physical space and 
construction design needed to incorporate that equipment at a later 
date.
	SECTION 2.  This Act takes effect September 1, 2005.