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HF 712

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to employee health; establishing the "Safe Patient Handling Act;"
requiring safe patient handling programs and committees to be established;
requiring training programs on safe patient handling; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 182.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [182.6551] CITATION.
new text end

new text begin Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
new text end

Sec. 2.

new text begin [182.6552] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Direct patient care worker. new text end

new text begin "Direct patient care worker" means an
individual doing the job of directly providing physical care to patients including nurses, as
defined by section 148.171, who provide physical care to patients.
new text end

new text begin Subd. 2. new text end

new text begin Health care facility. new text end

new text begin "Health care facility" means a hospital as defined in
section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision
1, paragraph (b), a nursing home as defined in section 144A.01, subdivision 5, an
outpatient clinic, or a physician's office.
new text end

new text begin Subd. 3. new text end

new text begin Safe patient handling. new text end

new text begin "Safe patient handling" means a process, based on
scientific evidence on causes of injuries, that uses safe patient handling equipment rather
than people to transfer, move, and reposition patients in all health care facilities to reduce
workplace injuries. This process also reduces the risk of injury to patients.
new text end

new text begin Subd. 4. new text end

new text begin Safe patient handling equipment. new text end

new text begin "Safe patient handling equipment"
means engineering controls, lifting and transfer aids, or mechanical assistive devices used
by nurses and other direct patient care workers instead of manual lifting to perform the
acts of lifting, transferring, and repositioning health care facility patients and residents.
new text end

Sec. 3.

new text begin [182.6553] SAFE PATIENT HANDLING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Safe patient handling program required. new text end

new text begin (a) By July 1, 2008,
every licensed health care facility in the state shall adopt a written safe patient handling
policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
manual lifting of patients by nurses and other direct patient care workers by utilizing
safe patient handling equipment.
new text end

new text begin (b) The program shall address:
new text end

new text begin (1) assessment of hazards with regard to patient handling;
new text end

new text begin (2) the acquisition of an adequate supply of appropriate safe patient handling
equipment;
new text end

new text begin (3) initial and ongoing training of nurses and other direct patient care workers on
the use of this equipment;
new text end

new text begin (4) procedures to ensure that physical plant modifications and major construction
projects are consistent with program goals; and
new text end

new text begin (5) periodic evaluations of the safe patient handling program.
new text end

new text begin Subd. 2. new text end

new text begin Safe patient handling committee. new text end

new text begin (a) By July 1, 2008, every licensed
health care facility in the state 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.
new text end

new text begin (b) Membership of a safe patient handling committee or an existing committee must
meet the following requirements:
new text end

new text begin (1) at least half the members shall be nonmanagerial nurses and other direct patient
care workers; and
new text end

new text begin (2) in a health care facility where nurses and other direct patient care workers
are covered by a collective bargaining agreement, the union shall select the committee
members proportionate to its representation of nonmanagement nurses and other direct
patient care workers.
new text end

new text begin (c) A health care organization with more than one covered health care facility may
establish a committee at each facility or one committee to serve this function for all the
facilities. If the organization chooses to have one overall committee for multiple facilities,
at least half of the members of the overall committee must be nonmanagerial nurses and
other direct patient care workers and each facility must be represented on the committee.
new text end

new text begin (d) Employees who serve on a safe patient handling committee must be compensated
by their employer for all hours spent on committee business.
new text end

new text begin Subd. 3. new text end

new text begin Facilities with existing programs. new text end

new text begin A facility that has already adopted a
safe patient handling policy that satisfies the requirements of subdivision 1, and established
a safe patient handling committee by July 1, 2008, is considered to be in compliance
with those requirements. The committee must continue to satisfy the requirements of
subdivision 2, paragraph (b), on an ongoing basis.
new text end

new text begin Subd. 4. new text end

new text begin Committee duties. new text end

new text begin A safe patient handling committee shall:
new text end

new text begin (1) complete a patient handling hazard assessment that:
new text end

new text begin (i) considers patient handling tasks, types of nursing units, patient populations, and
the physical environment of patient care areas;
new text end

new text begin (ii) identifies problems and solutions;
new text end

new text begin (iii) identifies areas of highest risk for lifting injuries; and
new text end

new text begin (iv) recommends a mechanism to report, track, and analyze injury trends;
new text end

new text begin (2) make recommendations on the purchase, use, and maintenance of an adequate
supply of appropriate safe patient handling equipment;
new text end

new text begin (3) make recommendations on training of nurses and other direct patient care
workers on use of safe patient handling equipment, initially when the equipment arrives at
the facility and periodically afterwards;
new text end

new text begin (4) conduct annual evaluations of the safe patient handling implementation plan and
progress toward goals established in the safe patient handling plan; and
new text end

new text begin (5) recommend procedures to ensure that, when remodeling of patient care areas
occurs, the plans incorporate safe patient handling equipment or the physical space and
construction design needed to accommodate safe patient handling equipment at a later date.
new text end

new text begin Subd. 5. new text end

new text begin Training materials. new text end

new text begin The commissioner shall make training materials on
implementation of this section available to all health care facilities at no cost as part of the
training and education duties of the commissioner under section 182.673.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement. new text end

new text begin This section shall be enforced by the commissioner under
section 182.661. A violation of this section is subject to the penalties provided under
section 182.666.
new text end

new text begin Subd. 7. new text end

new text begin Grant program. new text end

new text begin The commissioner may make grants to health care
facilities to acquire safe patient handling equipment and for training on safe patient
handling and safe patient handling equipment. Grants to any one facility may not exceed
$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
commissioner shall establish a grant application process. The commissioner may give
priority for grants to facilities that demonstrate that acquiring safe patient handling
equipment will impose a financial hardship on the facility.
new text end

Sec. 4. new text begin STUDY.
new text end

new text begin The commissioner of labor and industry shall study ways to require workers'
compensation insurers to recognize compliance with section 3 in the workers'
compensation premiums of health care and long-term care facilities. The commissioner
shall report by January 15, 2008, the results of the study to the chairs of the policy
committees of the legislature with primary jurisdiction over workers' compensation issues.
new text end

Sec. 5. new text begin APPROPRIATION FOR SAFE PATIENT HANDLING GRANTS.
new text end

new text begin $2,000,000 is appropriated from the general fund to the commissioner of labor
and industry for the fiscal year ending June 30, 2009, for the purpose of making grants
under Minnesota Statutes, section 182.6553.
new text end