§ 23-17-59 - Safe patient handling.
SECTION 23-17-59
§ 23-17-59 Safe patient handling. –(a) Definitions. As used in this chapter:
(1) "Safe patient handling" means the use of engineeringcontrols, transfer aids, or assistive devices whenever feasible and appropriateinstead of manual lifting to perform the acts of lifting, transferring, and/orrepositioning health care patients and residents.
(2) "Safe patient handling policy" means protocolsestablished to implement safe patient handling.
(3) "Health care facility" means a hospital or a nursingfacility.
(4) "Lift team" means health care facility employeesspecially trained to perform patient lifts, transfers, and repositioning inaccordance with safe patient handling policy.
(5) "Musculoskeletal disorders" means conditions that involvethe nerves, tendons, muscles, and supporting structures of the body.
(b) Licensure requirements. Each licensed health carefacility shall comply with the following as a condition of licensure:
(1) Each licensed health care facility shall establish a safepatient handling committee, which shall be chaired by a professional nurse orother appropriate licensed health care professional. A health care facility mayutilize any appropriately configured committee to perform the responsibilitiesof this section. At least half of the members of the committee shall be hourly,non-managerial employees who provide direct patient care.
(2) By July 1, 2007, each licensed health care facility shalldevelop a written safe patient handling program, with input from the safepatient handling committee, to prevent musculoskeletal disorders among healthcare workers and injuries to patients. As part of this program, each licensedhealth care facility shall:
(i) By July 1, 2008, implement a safe patient handling policyfor all shifts and units of the facility that will achieve the maximumreasonable reduction of manual lifting, transferring, and repositioning of allor most of a patient's weight, except in emergency, life-threatening, orotherwise exceptional circumstances;
(ii) Conduct a patient handling hazard assessment. Thisassessment should consider such variables as patient-handling tasks, types ofnursing units, patient populations, and the physical environment of patientcare areas;
(iii) Develop a process to identify the appropriate use ofthe safe patient handling policy based on the patient's physical and mentalcondition, the patient's choice, and the availability of lifting equipment orlift teams. The policy shall include a means to address circumstances underwhich it would be medically contraindicated to use lifting or transfer aids orassistive devices for particular patients;
(iv) Designate and train a registered nurse or otherappropriate licensed health care professional to serve as an expert resource,and train all clinical staff on safe patient handling policies, equipment, anddevices before implementation, and at least annually or as changes are made tothe safe patient handling policies, equipment and/or devices being used;
(v) Conduct an annual performance evaluation of the safepatient handling with the results of the evaluation reported to the safepatient handling committee or other appropriately designated committee. Theevaluation shall determine the extent to which implementation of the programhas resulted in a reduction in musculoskeletal disorder claims and days of lostwork attributable to musculoskeletal disorder caused by patient handling, andinclude recommendations to increase the program's effectiveness; and
(vi) Submit an annual report to the safe patient handlingcommittee of the facility, which shall be made available to the public uponrequest, on activities related to the identification, assessment, development,and evaluation of strategies to control risk of injury to patients, nurses andother health care workers associated with the lifting, transferring,repositioning, or movement of a patient.
(3) Nothing in this section precludes lift team members fromperforming other duties as assigned during their shift.
(4) An employee may, in accordance with established facilityprotocols, report to the committee, as soon as possible, after being requiredto perform a patient handling activity that he/she believes in good faithexposed the patient and/or employee to an unacceptable risk of injury. Suchemployee reporting shall not be cause for discipline or be subject to otheradverse consequences by his/her employer. These reportable incidents shall beincluded in the facility's annual performance evaluation.