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A BILL TO BE ENTITLED
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AN ACT
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relating to safe patient handling and health care worker injury |
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prevention policies for certain hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Health and Safety Code, is |
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amended by adding Chapter 266 to read as follows: |
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CHAPTER 266. SAFE PATIENT HANDLING AND HEALTH CARE WORKER INJURY |
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PREVENTION |
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Sec. 266.001. DEFINITIONS. In this chapter: |
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(1) "Health care worker" means a person who furnishes |
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health care services in direct patient care situations under a |
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license, certificate, or registration issued by this state or a |
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person providing direct patient care in the course of a training or |
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educational program. |
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(2) "Zero-lift policy" means a policy designed to |
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promote patient safety and reduce back and musculoskeletal injury |
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among health care workers by replacing unassisted manual lifting, |
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repositioning, and transferring of patients with special |
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procedures, including the use of body mechanics techniques, special |
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devices or equipment, or specialized lift teams as needed. |
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Sec. 266.002. APPLICABILITY. This chapter applies to a |
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hospital owned and operated by a municipality or county or jointly |
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by a municipality and county. |
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Sec. 266.003. PATIENT HANDLING AND INJURY PREVENTION. (a) |
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A hospital to which this chapter applies shall implement a safe |
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patient handling and health care worker injury prevention policy. |
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At a minimum, the policy shall include: |
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(1) a zero-lift policy, based on generally accepted |
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occupational and safety guidelines; |
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(2) a training program to educate health care workers |
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employed by the hospital in the zero-lift policy procedures; |
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(3) special additional training requiring health care |
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workers who participate in specialized lift teams to demonstrate |
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proficiency in the zero-lift policy procedures; and |
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(4) a needs-assessment procedure based on generally |
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accepted occupational safety guidelines for use in determining when |
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the lifting, repositioning, or transfer of a patient has the |
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potential to place the patient or a health care worker at high risk |
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of injury and requires the use of zero-lift policy procedures. |
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(b) A health care worker may, without using zero-lift policy |
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procedures, lift, reposition, or transfer a patient who, according |
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to the hospital's needs-assessment procedure, does not present a |
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significant risk of injury to the patient or a health care worker |
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not using zero-lift policy procedures. |
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(c) Notwithstanding this section, a health care worker may |
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not use zero-lift techniques, devices, or equipment to lift, |
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reposition, or transfer a patient if the patient's condition or |
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medical status specifically contraindicates doing so. |
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(d) This section does not prevent a health care worker who |
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participates in a specialized lift team from performing other |
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duties during the same shift. |
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Sec. 266.004. RETALIATION PROHIBITED. A hospital to which |
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this section applies may not suspend, terminate, or otherwise |
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discipline or discriminate against a health care worker who refuses |
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to lift, reposition, or transfer a patient without the use of |
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zero-lift techniques, devices, or equipment due to concerns about |
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the risk of injury to the patient or a health care worker. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |