Texas 2013 - 83rd Regular

Texas House Bill HB1829 Compare Versions

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Old	New	Differences
1	1	83R21566 JSC-D
2	2	By: N. Gonzalez of El Paso H.B. No. 1829
3	3	Substitute the following for H.B. No. 1829:
4	4	By: Raymond C.S.H.B. No. 1829
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to safe patient handling and movement practices at
10	10	hospitals and nursing homes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 256.002(b), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(b) The policy shall [establish a process that, at a
15	15	minimum, includes]:
16	16	(1) include an analysis of the risk of injury to
17	17	[both] patients, [and] nurses, and other direct-care staff members
18	18	posed by the patient handling needs of the patient populations
19	19	served by the hospital or nursing home and the physical environment
20	20	in which patient handling and movement occurs;
21	21	(2) require education of nurses and other
22	22	direct-care staff members in the identification, assessment, and
23	23	control of risks of injury to patients, [and] nurses, and other
24	24	direct-care staff members during patient handling and movement,
25	25	including training on:
26	26	(A) the proper use of lifting devices and
27	27	equipment;
28	28	(B) proper manual lifting technique;
29	29	(C) the benefit of team lifts and potential risks
30	30	of single-person lifts; and
31	31	(D) [(3) evaluation of] alternative ways to
32	32	reduce risks associated with patient handling, including the use
33	33	[evaluation] of equipment for moving patients and the use of the
34	34	environment;
35	35	(3) restrict [(4) restriction], to the extent
36	36	feasible with existing equipment and aids, [of] manual patient
37	37	handling or movement of all or most of a patient's weight to
38	38	emergency, life-threatening, or otherwise exceptional
39	39	circumstances;
40	40	(4) provide for [(5)] collaboration with and annual
41	41	report to the nurse staffing committee;
42	42	(5) prohibit retaliation or discrimination against a
43	43	nurse or other direct-care staff member who refuses [(6) procedures
44	44	for nurses to refuse] to perform or be involved in patient handling
45	45	or movement that the nurse or other direct-care staff member
46	46	believes in good faith will expose a patient or a nurse or other
47	47	direct-care staff member to an unacceptable risk of injury;
48	48	(6) require [(7)] submission of an annual report to
49	49	the governing body or the quality assurance committee on activities
50	50	related to the identification, assessment, and development of
51	51	strategies to control risk of injury to patients, [and] nurses, and
52	52	other direct-care staff members associated with the lifting,
53	53	transferring, repositioning, or movement of a patient; and
54	54	(7) [(8)] in the development of [developing]
55	55	architectural plans for constructing or remodeling a hospital or
56	56	nursing home or a unit of a hospital or nursing home in which
57	57	patient handling and movement occurs, require consideration of the
58	58	feasibility of incorporating patient handling equipment or the
59	59	physical space and construction design needed to incorporate that
60	60	equipment at a later date.
61	61	SECTION 2. A hospital or nursing home shall adopt and
62	62	implement a policy required by Section 256.002(b), Health and
63	63	Safety Code, as amended by this Act, not later than January 1, 2014.
64	64	SECTION 3. This Act takes effect immediately if it receives
65	65	a vote of two-thirds of all the members elected to each house, as
66	66	provided by Section 39, Article III, Texas Constitution. If this
67	67	Act does not receive the vote necessary for immediate effect, this
68	68	Act takes effect September 1, 2013.