Bill Text: IL HB2285 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act, the University of Illinois Hospital Act, the Nursing Home Care Act, and the Hospital Licensing Act. Provides that a hospital or nursing home shall adopt a policy to identify, assess, and develop strategies to control risk of injury to residents or patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a resident or patient. Sets forth matters that must be included in the policy, including: (1) analysis of the risk of injury to residents or patients and nurses and other health care workers posted by the resident or patient handling needs of the resident or patient populations served by the facility and the physical environment in which the resident or patient handling and movement occurs; (2) education of nurses in the identification, assessment, and control of risks of injury to residents or patients and nurses and other health care workers during resident or patient handling; and (3) evaluation of alternative ways to reduce risks associated with resident or patient handling, including evaluation of equipment and the environment. Requires that Department of Human Services-operated State mental health centers and developmental centers and the University of Illinois Hospital comply with these provisions. Effective January 1, 2010.

Sponsorship: Slight Partisan Bill (Republican 6-3)

Status: (Passed) 2009-08-13 - Public Act . . . . . . . . . 96-0389 [HB2285 Detail]

Download: Illinois-2009-HB2285-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
4 as follows:
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
Sec. 4. Supervision of facilities and services; quarterly
reports.
(a) To exercise executive and administrative supervision
over all facilities, divisions, programs and services now
existing or hereafter acquired or created under the
jurisdiction of the Department, including, but not limited to,
the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental
Center, at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at
Chicago
The Jacksonville Developmental Center, at Jacksonville

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The Governor Samuel H. Shapiro Developmental Center,
at Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at
Centralia
The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental
Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at
Springfield
The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park
Forest
The William A. Howe Developmental Center, at Tinley
Park
The Ann M. Kiley Developmental Center, at Waukegan.
(b) Beginning not later than July 1, 1977, the Department
shall cause each of the facilities under its jurisdiction which
provide in-patient care to comply with standards, rules and
regulations of the Department of Public Health prescribed under
Section 6.05 of the Hospital Licensing Act.
(b-5) The Department shall cause each of the facilities

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under its jurisdiction that provide in-patient care to comply
with Section 6.25 of the Hospital Licensing Act.
(c) The Department shall issue quarterly reports on
admissions, deflections, discharges, bed closures,
staff-resident ratios, census, average length of stay, and any
adverse federal certification or accreditation findings, if
any, for each State-operated facility for the mentally ill and
developmentally disabled.
(Source: P.A. 93-636, eff. 6-1-04.)
Section 10. The University of Illinois Hospital Act is
amended by adding Section 8 as follows:
(110 ILCS 330/8 new)
Sec. 8. Safe patient handling policy. The University of
Illinois Hospital shall cause each of the facilities under its
jurisdiction that provide in-patient care to comply with
Section 6.25 of the Hospital Licensing Act.
Section 15. The Nursing Home Care Act is amended by adding
Section 3-206.05 as follows:
(210 ILCS 45/3-206.05 new)
Sec. 3-206.05. Safe resident handling policy.
(a) In this Section:
"Health care worker" means an individual providing direct

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resident care services who may be required to lift, transfer,
reposition, or move a resident.
"Nurse" means an advanced practice nurse, a registered
nurse, or a licensed practical nurse licensed under the Nurse
Practice Act.
(b) A facility must adopt and ensure implementation of a
policy to identify, assess, and develop strategies to control
risk of injury to residents and nurses and other health care
workers associated with the lifting, transferring,
repositioning, or movement of a resident. The policy shall
establish a process that, at a minimum, includes all of the
following:
(1) Analysis of the risk of injury to residents and
nurses and other health care workers taking into account
the resident handling needs of the resident populations
served by the facility and the physical environment in
which the resident handling and movement occurs.
(2) Education of nurses in the identification,
assessment, and control of risks of injury to residents and
nurses and other health care workers during resident
handling.
(3) Evaluation of alternative ways to reduce risks
associated with resident handling, including evaluation of
equipment and the environment.
(4) Restriction, to the extent feasible with existing
equipment and aids, of manual resident handling or movement

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of all or most of a resident's weight except for emergency,
life-threatening, or otherwise exceptional circumstances.
(5) Procedures for a nurse to refuse to perform or be
involved in resident handling or movement that the nurse in
good faith believes will expose a resident or nurse or
other health care worker to an unacceptable risk of injury.
(6) Development of strategies to control risk of injury
to residents and nurses and other health care workers
associated with the lifting, transferring, repositioning,
or movement of a resident.
(7) In developing architectural plans for construction
or remodeling of a facility or unit of a facility in which
resident handling and movement occurs, consideration of
the feasibility of incorporating resident handling
equipment or the physical space and construction design
needed to incorporate that equipment.
Section 20. The Hospital Licensing Act is amended by adding
Section 6.25 as follows:
(210 ILCS 85/6.25 new)
Sec. 6.25. Safe patient handling policy.
(a) In this Section:
"Health care worker" means an individual providing direct
patient care services who may be required to lift, transfer,
reposition, or move a patient.

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"Nurse" means an advanced practice nurse, a registered
nurse, or a licensed practical nurse licensed under the Nurse
Practice Act.
(b) A hospital must adopt and ensure implementation of a
policy to identify, assess, and develop strategies to control
risk of injury to patients and nurses and other health care
workers associated with the lifting, transferring,
repositioning, or movement of a patient. The policy shall
establish a process that, at a minimum, includes all of the
following:
(1) Analysis of the risk of injury to patients and
nurses and other health care workers posted by the patient
handling needs of the patient populations served by the
hospital and the physical environment in which the patient
handling and movement occurs.
(2) Education of nurses in the identification,
assessment, and control of risks of injury to patients and
nurses and other health care workers during patient
handling.
(3) Evaluation of alternative ways to reduce risks
associated with patient handling, including evaluation of
equipment and the environment.
(4) Restriction, to the extent feasible with existing
equipment and aids, of manual patient handling or movement
of all or most of a patient's weight except for emergency,
life-threatening, or otherwise exceptional circumstances.

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(5) Collaboration with and an annual report to the
nurse staffing committee.
(6) Procedures for a nurse to refuse to perform or be
involved in patient handling or movement that the nurse in
good faith believes will expose a patient or nurse or other
health care worker to an unacceptable risk of injury.
(7) Submission of an annual report to the hospital's
governing body or quality assurance committee on
activities related to the identification, assessment, and
development of strategies to control risk of injury to
patients and nurses and other health care workers
associated with the lifting, transferring, repositioning,
or movement of a patient.
(8) In developing architectural plans for construction
or remodeling of a hospital or unit of a hospital in which
patient handling and movement occurs, consideration of the
feasibility of incorporating patient handling equipment or
the physical space and construction design needed to
incorporate that equipment.
Section 99. Effective date. This Act takes effect January
1, 2010.