Bill Text: TX HB3820 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to safe patient handling practices at hospitals and nursing homes; providing an administrative penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Public Health [HB3820 Detail]
Download: Texas-2015-HB3820-Introduced.html
84R5027 KKR-F | ||
By: Allen | H.B. No. 3820 |
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relating to safe patient handling practices at hospitals and | ||
nursing homes; providing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 256.001, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 256.001. DEFINITIONS. In this chapter: | ||
(1) "Department" means the Department of State Health | ||
Services. | ||
(2) "Equipment" means a powered or non-powered device, | ||
including all accessories necessary for the operation of the | ||
device, that effectively reduces the forces exerted by or on a | ||
health care worker performing patient handling. | ||
(3) "Health care worker" means a person who furnishes | ||
health care services in direct patient care situations under a | ||
license, certificate, or registration issued by this state or a | ||
person providing direct patient care in the course of a training or | ||
educational program. | ||
(4) "Hospital" means a general or special hospital, as | ||
defined by Section 241.003, a private mental hospital licensed | ||
under Chapter 577, or another hospital that is maintained or | ||
operated by the state. | ||
(5) [ |
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licensed under Chapter 242. | ||
(6) "Patient handling" means the lifting, | ||
transferring, repositioning, or moving of all or part of a | ||
patient's body with or without the assistance of equipment. | ||
SECTION 2. Section 256.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 256.002. REQUIRED SAFE PATIENT HANDLING AND MOVEMENT | ||
POLICY. (a) The governing body of a hospital or the quality | ||
assurance committee of a nursing home shall adopt, [ |
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implementation of, and maintain at all times a policy to identify, | ||
assess, and develop strategies to control risk of injury to | ||
patients and health care workers [ |
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handling. | ||
(b) The policy shall establish a process that, at a minimum, | ||
includes: | ||
(1) analysis of the risk of injury to both patients and | ||
health care workers [ |
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the patient populations served by the hospital or nursing home and | ||
the physical environment in which patient handling [ |
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occurs; | ||
(2) adoption of a health care worker patient handling | ||
injury prevention program under Section 256.003; | ||
(3) education of health care workers [ |
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identification, assessment, and control of risks of injury to | ||
patients and nurses during patient handling; | ||
(4) [ |
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risks associated with patient handling, including evaluation of | ||
equipment and the environment; | ||
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(5) collaboration with and annual report to the | ||
hospital or nursing home [ |
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(6) procedures for health care workers [ |
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refuse to perform or be involved in patient handling or movement | ||
that the health care worker [ |
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expose a patient or a nurse to an unacceptable risk of injury; | ||
(7) submission of an annual report to the governing | ||
body or the quality assurance committee on activities related to | ||
the identification, assessment, and development of strategies to | ||
control risk of injury to patients and health care workers [ |
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associated with patient handling [ |
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(8) in developing architectural plans for | ||
constructing or remodeling a hospital or nursing home or a unit of a | ||
hospital or nursing home in which patient handling [ |
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occurs, consideration of the feasibility of incorporating patient | ||
handling equipment or the physical space and construction design | ||
needed to incorporate that equipment at a later date. | ||
SECTION 3. Chapter 256, Health and Safety Code, is amended | ||
by adding Sections 256.003, 256.004, 256.005, 256.006, 256.007, and | ||
256.008 to read as follows: | ||
Sec. 256.003. HEALTH CARE WORKER PATIENT HANDLING INJURY | ||
PREVENTION PROGRAM. (a) As part of the policy adopted under | ||
Section 256.002, the governing body of a hospital or the quality | ||
assurance committee of a nursing home shall adopt, ensure | ||
implementation of, and maintain at all times a program to prevent | ||
injuries to health care workers who are responsible for performing | ||
patient handling. | ||
(b) The program adopted under Subsection (a) must: | ||
(1) reflect professional occupational safety | ||
guidelines for protecting from injury patients and health care | ||
workers who perform patient handling in hospitals and nursing | ||
homes; | ||
(2) identify circumstances in which manual patient | ||
handling is not appropriate and health care workers should use | ||
equipment for patient handling; and | ||
(3) establish a designated lift team of health care | ||
workers who, in addition to other duties, work together to perform | ||
patient handling and who are trained on: | ||
(A) the areas of body exposure, including | ||
vertical, lateral, bariatric, repositioning, and ambulation, | ||
involved in patient handling; and | ||
(B) the proper use of equipment to safely perform | ||
patient handling. | ||
(c) A registered nurse who is designated by a hospital or | ||
nursing home as the coordinator of care for a patient may: | ||
(1) be responsible for observing or directing patient | ||
handling by other health care workers; and | ||
(2) participate in patient handling as the nurse | ||
determines necessary based on the nurse's professional judgment. | ||
Sec. 256.004. COMPLAINTS. (a) A person may file a | ||
complaint against a hospital or nursing home alleging a violation | ||
of this chapter in the manner provided by Chapters 241 and 242 and | ||
department rules. | ||
(b) A hospital or nursing home may not interfere with, | ||
coerce, intimidate, or otherwise prevent a person from making a | ||
complaint under this chapter. | ||
Sec. 256.005. RETALIATION PROHIBITED; CAUSE OF ACTION. (a) | ||
In this section, "employee" means a person who is an employee of a | ||
hospital or nursing home or any other person who provides services | ||
to a hospital or nursing home for compensation, including a | ||
contract laborer. | ||
(b) A hospital or nursing home may not take an adverse | ||
personnel action or discriminate against an employee who refuses to | ||
perform patient handling based on: | ||
(1) concerns over patient or employee safety; or | ||
(2) the lack of trained designated lift team personnel | ||
available to perform patient handling. | ||
(c) An employee has a cause of action against the hospital | ||
or nursing home, or another employee of the hospital or nursing | ||
home, if the hospital or nursing home suspends or terminates the | ||
employment of the employee or otherwise disciplines, | ||
discriminates, or retaliates against the employee in violation of | ||
this section. | ||
(d) A hospital or nursing home may not retaliate or | ||
discriminate against a person who, in good faith: | ||
(1) makes a complaint or files a grievance against the | ||
hospital or nursing home for a violation of this chapter; | ||
(2) initiates or cooperates in an investigation or | ||
proceeding of a governmental entity or private accreditation body | ||
relating to an alleged violation of this chapter; | ||
(3) makes a demand relating to an alleged violation of | ||
this chapter; or | ||
(4) files a civil action or seeks injunctive relief | ||
relating to an alleged violation of this chapter. | ||
(e) For purposes of Subsection (d), a person acts in good | ||
faith if the person reasonably believes that the information | ||
reported or disclosed is true or that a violation of this chapter | ||
has occurred or may occur. | ||
(f) A person, including an employee, who is retaliated or | ||
discriminated against or subject to an adverse personnel action in | ||
violation of this section is entitled to sue for: | ||
(1) injunctive relief; | ||
(2) actual damages; | ||
(3) exemplary damages; | ||
(4) court costs; | ||
(5) reasonable attorney's fees; and | ||
(6) other damages allowed by law. | ||
(g) In addition to the amounts that may be recovered under | ||
Subsection (f), an employee whose employment is suspended or | ||
terminated is entitled to appropriate injunctive relief, | ||
including, if applicable: | ||
(1) reinstatement to the employee's former position or | ||
severance pay in an amount equal to three months of the employee's | ||
most recent salary; and | ||
(2) compensation for wages and benefits lost during | ||
the period of suspension or termination. | ||
Sec. 256.006. REQUIRED DISCLOSURE. Notwithstanding | ||
Chapters 241 and 242 and department rules, all information and | ||
materials obtained or compiled by the department in connection with | ||
a complaint and investigation under this chapter concerning a | ||
hospital or nursing home are subject to disclosure under Chapter | ||
552, Government Code, unless protected under federal law. | ||
Sec. 256.007. DEPARTMENT INSPECTION, SURVEY, OR | ||
INVESTIGATION. The department may inspect, survey, or investigate | ||
a hospital or nursing home in accordance with Chapters 241 and 242 | ||
and department rules to ensure compliance with this chapter. | ||
Sec. 256.008. VIOLATION; ADMINISTRATIVE PENALTY. (a) | ||
Except as provided under Subsection (b), a hospital or nursing home | ||
that violates this chapter is liable to the department for an | ||
administrative penalty of not more than $5,000 for each act | ||
constituting a violation. Each day a continuing violation occurs | ||
constitutes a separate violation. | ||
(b) If a hospital or nursing home violates this chapter for | ||
at least five consecutive days, the hospital or nursing home is | ||
liable to the department for an administrative penalty of $10,000 | ||
for each act constituting a violation. Each day a continuing | ||
violation occurs constitutes a separate violation. | ||
(c) The department shall assess the administrative penalty | ||
in accordance with the procedures established in Chapter 241 for | ||
hospitals and Chapter 242 for nursing homes. | ||
SECTION 4. Notwithstanding Chapter 256, Health and Safety | ||
Code, as amended by this Act, a hospital or nursing home is not | ||
required to implement a health care worker patient handling injury | ||
prevention program until January 1, 2016. | ||
SECTION 5. This Act takes effect September 1, 2015. |