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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 movement practices at |
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hospitals and nursing homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 256.002(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The policy shall [establish a process that, at a
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minimum, includes]: |
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(1) include an analysis of the risk of injury to |
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[both] patients, [and] nurses, and other direct-care staff members |
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posed by the patient handling needs of the patient populations |
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served by the hospital or nursing home and the physical environment |
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in which patient handling and movement occurs; |
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(2) require education of nurses and other |
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direct-care staff members in the identification, assessment, and |
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control of risks of injury to patients, [and] nurses, and other |
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direct-care staff members during patient handling and movement, |
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including training on: |
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(A) the proper use of lifting devices and |
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equipment; |
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(B) proper manual lifting technique; |
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(C) the benefit of team lifts and potential risks |
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of single-person lifts; and |
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(D) [(3) evaluation of] alternative ways to |
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reduce risks associated with patient handling, including the use |
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[evaluation] of equipment for moving patients and the use of the |
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environment; |
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(3) restrict [(4) restriction], to the extent |
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feasible with existing equipment and aids, [of] manual patient |
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handling or movement of all or most of a patient's weight to |
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emergency, life-threatening, or otherwise exceptional |
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circumstances; |
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(4) provide for [(5)] collaboration with and annual |
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report to the nurse staffing committee; |
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(5) prohibit retaliation or discrimination against a |
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nurse or other direct-care staff member who refuses [(6)
procedures
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for nurses to refuse] to perform or be involved in patient handling |
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or movement that the nurse or other direct-care staff member |
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believes in good faith will expose a patient or a nurse or other |
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direct-care staff member to an unacceptable risk of injury; |
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(6) require [(7)] submission of an annual report to |
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the governing body or the quality assurance committee on activities |
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related to the identification, assessment, and development of |
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strategies to control risk of injury to patients, [and] nurses, and |
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other direct-care staff members associated with the lifting, |
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transferring, repositioning, or movement of a patient; and |
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(7) [(8)] in the development of [developing] |
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architectural plans for constructing or remodeling a hospital or |
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nursing home or a unit of a hospital or nursing home in which |
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patient handling and movement occurs, require consideration of the |
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feasibility of incorporating patient handling equipment or the |
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physical space and construction design needed to incorporate that |
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equipment at a later date. |
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SECTION 2. A hospital or nursing home shall adopt and |
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implement a policy required by Section 256.002(b), Health and |
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Safety Code, as amended by this Act, not later than January 1, 2014. |
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SECTION 3. 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, 2013. |