Legislation

Federal Legislation:

A National Bill, HR 2381, was put into motion in May of 2009 that, if passed, would establish a program to eliminate manual handling through a series of steps:

Section 2: Establish a Federal Safe Patient Handling Standard:

• Require a Safe Patient Handling Plan
• Require Employers to Purchase, Use and Maintain Equipment
• Require Employers to Obtain Input from Registered Nurses and Healthcare Workers
• Require Employers to Maintain Data on Injuries Related to the Safe Patient Handling Standard
• Require Posting of Information and Audits

Section 3: Protection of Direct-Care Registered Nurses and Health Care Workers
Section 4: Application of Safe Patient Handling and Injury Prevention Standard to Health Care Facilities Not Covered by OSHA
Section 5: Financial Assistance to Needy Health Care Facilities in the Purchase of Safe Patient Handling and Injury Prevention

Equipment National Bill: http://www.ashe.org/ashe/codes/pdfs/hr2381.pdf

State Legislation:

Legislation for safe patient handling has been passed in several states across the country, and currently many other states are actively pursuing bills that will require healthcare facilities to develop safe patient handling programs.
The following states have safe patient handling laws in place:

Comprehensive Programs:
Illinois (2009)
Minnesota (2009
Maryland (2007, 2008)
New Jersey (2007)
Rhode Island (2006)
Texas (2006)
Washington (2006)

New York (2005, 2007, 2009) – Demonstration Project

Ohio (2005) - Long term care loan fund program

Hawaii (2006) – Resolution

Active Bills:
The following list, borrowed from the American Nurses Association website, documents the status of active bills in the nation as of 9/4/09:

• FL (HB 231/ SB626) Died in Committee
• HI (HB440/SB519) applies to each private hospital in the state and each community hospital within the Hawaii health systems corporation.
• IL (HB2285) signed into law, in effect January 2010 
• MA (SB803) while (SB1757) is an "Act to Improve Nurse Safety" that includes requirements for safe patient handling and movement programs in healthcare facilities along with a number of safety initiatives such as restriction of consecutive hours worked, provisions for hours of "rest" between shifts as wells as penalties for assault and battery of nurses.
• MN (SB594/HB921); (HB1760 enacted)
• VT (SB80/HB238)
• TX ( HB2597)

Additionally, MI (SB193) Prevents promulgation of a rule or establishment of a standard for workplace ergonomics, would permit a department, board or commission to provide guidance, best practices information or assistance for the voluntary implementation of a workplace program.

• MS (HR13) Urges businesses to implement ergonomics practices to protect the health of the state workforce .
• MO (HB401) Would provide for tax credits for facilities purchasing mechanical lifts and similar equipment for safe handling and movement.
• NY (AB1723/SB317) Requires installation and use of ceiling lifts in hospitals and nursing homes; further requires appropriate staff training in the use of ceiling lifts and (AB2042) requires statewide adoption of safe patient handling and movement policy by all healthcare facilities, while creating a safe patient handling and movement task force within the Department of Health to provide guidance and monitor. (SB3839) creates the NYS Safe Patient Handling Task Force.

For more information on safe patient handling legislation, visit: http://www.anasafepatienthandling.org/Main-Menu/ANA-Actions.aspx

The above information is posted with permission from the American Nurses Association website.