HB2285 Enrolled LRB096 07590 DRJ 17685 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing Section
6 4 as follows:
 
7     (20 ILCS 1705/4)  (from Ch. 91 1/2, par. 100-4)
8     Sec. 4. Supervision of facilities and services; quarterly
9 reports.
10     (a) To exercise executive and administrative supervision
11 over all facilities, divisions, programs and services now
12 existing or hereafter acquired or created under the
13 jurisdiction of the Department, including, but not limited to,
14 the following:
15         The Alton Mental Health Center, at Alton
16         The Clyde L. Choate Mental Health and Developmental
17     Center, at Anna
18         The Chester Mental Health Center, at Chester
19         The Chicago-Read Mental Health Center, at Chicago
20         The Elgin Mental Health Center, at Elgin
21         The Metropolitan Children and Adolescents Center, at
22     Chicago
23         The Jacksonville Developmental Center, at Jacksonville

 

 

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1         The Governor Samuel H. Shapiro Developmental Center,
2     at Kankakee
3         The Tinley Park Mental Health Center, at Tinley Park
4         The Warren G. Murray Developmental Center, at
5     Centralia
6         The Jack Mabley Developmental Center, at Dixon
7         The Lincoln Developmental Center, at Lincoln
8         The H. Douglas Singer Mental Health and Developmental
9     Center, at Rockford
10         The John J. Madden Mental Health Center, at Chicago
11         The George A. Zeller Mental Health Center, at Peoria
12         The Andrew McFarland Mental Health Center, at
13     Springfield
14         The Adolf Meyer Mental Health Center, at Decatur
15         The William W. Fox Developmental Center, at Dwight
16         The Elisabeth Ludeman Developmental Center, at Park
17     Forest
18         The William A. Howe Developmental Center, at Tinley
19     Park
20         The Ann M. Kiley Developmental Center, at Waukegan.
21     (b) Beginning not later than July 1, 1977, the Department
22 shall cause each of the facilities under its jurisdiction which
23 provide in-patient care to comply with standards, rules and
24 regulations of the Department of Public Health prescribed under
25 Section 6.05 of the Hospital Licensing Act.
26     (b-5) The Department shall cause each of the facilities

 

 

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1 under its jurisdiction that provide in-patient care to comply
2 with Section 6.25 of the Hospital Licensing Act.
3     (c) The Department shall issue quarterly reports on
4 admissions, deflections, discharges, bed closures,
5 staff-resident ratios, census, average length of stay, and any
6 adverse federal certification or accreditation findings, if
7 any, for each State-operated facility for the mentally ill and
8 developmentally disabled.
9 (Source: P.A. 93-636, eff. 6-1-04.)
 
10     Section 10. The University of Illinois Hospital Act is
11 amended by adding Section 8 as follows:
 
12     (110 ILCS 330/8 new)
13     Sec. 8. Safe patient handling policy. The University of
14 Illinois Hospital shall cause each of the facilities under its
15 jurisdiction that provide in-patient care to comply with
16 Section 6.25 of the Hospital Licensing Act.
 
17     Section 15. The Nursing Home Care Act is amended by adding
18 Section 3-206.05 as follows:
 
19     (210 ILCS 45/3-206.05 new)
20     Sec. 3-206.05. Safe resident handling policy.
21     (a) In this Section:
22     "Health care worker" means an individual providing direct

 

 

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

 

 

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1     of all or most of a resident's weight except for emergency,
2     life-threatening, or otherwise exceptional circumstances.
3         (5) Procedures for a nurse to refuse to perform or be
4     involved in resident handling or movement that the nurse in
5     good faith believes will expose a resident or nurse or
6     other health care worker to an unacceptable risk of injury.
7         (6) Development of strategies to control risk of injury
8     to residents and nurses and other health care workers
9     associated with the lifting, transferring, repositioning,
10     or movement of a resident.
11         (7) In developing architectural plans for construction
12     or remodeling of a facility or unit of a facility in which
13     resident handling and movement occurs, consideration of
14     the feasibility of incorporating resident handling
15     equipment or the physical space and construction design
16     needed to incorporate that equipment.
 
17     Section 20. The Hospital Licensing Act is amended by adding
18 Section 6.25 as follows:
 
19     (210 ILCS 85/6.25 new)
20     Sec. 6.25. Safe patient handling policy.
21     (a) In this Section:
22     "Health care worker" means an individual providing direct
23 patient care services who may be required to lift, transfer,
24 reposition, or move a patient.

 

 

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

 

 

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1         (5) Collaboration with and an annual report to the
2     nurse staffing committee.
3         (6) Procedures for a nurse to refuse to perform or be
4     involved in patient handling or movement that the nurse in
5     good faith believes will expose a patient or nurse or other
6     health care worker to an unacceptable risk of injury.
7         (7) Submission of an annual report to the hospital's
8     governing body or quality assurance committee on
9     activities related to the identification, assessment, and
10     development of strategies to control risk of injury to
11     patients and nurses and other health care workers
12     associated with the lifting, transferring, repositioning,
13     or movement of a patient.
14         (8) In developing architectural plans for construction
15     or remodeling of a hospital or unit of a hospital in which
16     patient handling and movement occurs, consideration of the
17     feasibility of incorporating patient handling equipment or
18     the physical space and construction design needed to
19     incorporate that equipment.
 
20     Section 99. Effective date. This Act takes effect January
21 1, 2010.