Texas 2015 - 84th Regular

Texas House Bill HB3820 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5027 KKR-F
2	2	By: Allen H.B. No. 3820
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to safe patient handling practices at hospitals and
8	8	nursing homes; providing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 256.001, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 256.001. DEFINITIONS. In this chapter:
13	13	(1) "Department" means the Department of State Health
14	14	Services.
15	15	(2) "Equipment" means a powered or non-powered device,
16	16	including all accessories necessary for the operation of the
17	17	device, that effectively reduces the forces exerted by or on a
18	18	health care worker performing patient handling.
19	19	(3) "Health care worker" means a person who furnishes
20	20	health care services in direct patient care situations under a
21	21	license, certificate, or registration issued by this state or a
22	22	person providing direct patient care in the course of a training or
23	23	educational program.
24	24	(4) "Hospital" means a general or special hospital, as
25	25	defined by Section 241.003, a private mental hospital licensed
26	26	under Chapter 577, or another hospital that is maintained or
27	27	operated by the state.
28	28	(5) [(2)] "Nursing home" means an institution
29	29	licensed under Chapter 242.
30	30	(6) "Patient handling" means the lifting,
31	31	transferring, repositioning, or moving of all or part of a
32	32	patient's body with or without the assistance of equipment.
33	33	SECTION 2. Section 256.002, Health and Safety Code, is
34	34	amended to read as follows:
35	35	Sec. 256.002. REQUIRED SAFE PATIENT HANDLING AND MOVEMENT
36	36	POLICY. (a) The governing body of a hospital or the quality
37	37	assurance committee of a nursing home shall adopt, [and] ensure
38	38	implementation of, and maintain at all times a policy to identify,
39	39	assess, and develop strategies to control risk of injury to
40	40	patients and health care workers [nurses] associated with [the
41	41	lifting, transferring, repositioning, or movement of a] patient
42	42	handling.
43	43	(b) The policy shall establish a process that, at a minimum,
44	44	includes:
45	45	(1) analysis of the risk of injury to both patients and
46	46	health care workers [nurses] posed by the patient handling needs of
47	47	the patient populations served by the hospital or nursing home and
48	48	the physical environment in which patient handling [and movement]
49	49	occurs;
50	50	(2) adoption of a health care worker patient handling
51	51	injury prevention program under Section 256.003;
52	52	(3) education of health care workers [nurses] in the
53	53	identification, assessment, and control of risks of injury to
54	54	patients and nurses during patient handling;
55	55	(4) [(3)] evaluation of alternative ways to reduce
56	56	risks associated with patient handling, including evaluation of
57	57	equipment and the environment;
58	58	[(4) restriction, to the extent feasible with existing
59	59	equipment and aids, of manual patient handling or movement of all or
60	60	most of a patient's weight to emergency, life-threatening, or
61	61	otherwise exceptional circumstances;]
62	62	(5) collaboration with and annual report to the
63	63	hospital or nursing home [nurse] staffing committee;
64	64	(6) procedures for health care workers [nurses] to
65	65	refuse to perform or be involved in patient handling or movement
66	66	that the health care worker [nurse] believes in good faith will
67	67	expose a patient or a nurse to an unacceptable risk of injury;
68	68	(7) submission of an annual report to the governing
69	69	body or the quality assurance committee on activities related to
70	70	the identification, assessment, and development of strategies to
71	71	control risk of injury to patients and health care workers [nurses]
72	72	associated with patient handling [the lifting, transferring,
73	73	repositioning, or movement of a patient]; and
74	74	(8) in developing architectural plans for
75	75	constructing or remodeling a hospital or nursing home or a unit of a
76	76	hospital or nursing home in which patient handling [and movement]
77	77	occurs, consideration of the feasibility of incorporating patient
78	78	handling equipment or the physical space and construction design
79	79	needed to incorporate that equipment at a later date.
80	80	SECTION 3. Chapter 256, Health and Safety Code, is amended
81	81	by adding Sections 256.003, 256.004, 256.005, 256.006, 256.007, and
82	82	256.008 to read as follows:
83	83	Sec. 256.003. HEALTH CARE WORKER PATIENT HANDLING INJURY
84	84	PREVENTION PROGRAM. (a) As part of the policy adopted under
85	85	Section 256.002, the governing body of a hospital or the quality
86	86	assurance committee of a nursing home shall adopt, ensure
87	87	implementation of, and maintain at all times a program to prevent
88	88	injuries to health care workers who are responsible for performing
89	89	patient handling.
90	90	(b) The program adopted under Subsection (a) must:
91	91	(1) reflect professional occupational safety
92	92	guidelines for protecting from injury patients and health care
93	93	workers who perform patient handling in hospitals and nursing
94	94	homes;
95	95	(2) identify circumstances in which manual patient
96	96	handling is not appropriate and health care workers should use
97	97	equipment for patient handling; and
98	98	(3) establish a designated lift team of health care
99	99	workers who, in addition to other duties, work together to perform
100	100	patient handling and who are trained on:
101	101	(A) the areas of body exposure, including
102	102	vertical, lateral, bariatric, repositioning, and ambulation,
103	103	involved in patient handling; and
104	104	(B) the proper use of equipment to safely perform
105	105	patient handling.
106	106	(c) A registered nurse who is designated by a hospital or
107	107	nursing home as the coordinator of care for a patient may:
108	108	(1) be responsible for observing or directing patient
109	109	handling by other health care workers; and
110	110	(2) participate in patient handling as the nurse
111	111	determines necessary based on the nurse's professional judgment.
112	112	Sec. 256.004. COMPLAINTS. (a) A person may file a
113	113	complaint against a hospital or nursing home alleging a violation
114	114	of this chapter in the manner provided by Chapters 241 and 242 and
115	115	department rules.
116	116	(b) A hospital or nursing home may not interfere with,
117	117	coerce, intimidate, or otherwise prevent a person from making a
118	118	complaint under this chapter.
119	119	Sec. 256.005. RETALIATION PROHIBITED; CAUSE OF ACTION. (a)
120	120	In this section, "employee" means a person who is an employee of a
121	121	hospital or nursing home or any other person who provides services
122	122	to a hospital or nursing home for compensation, including a
123	123	contract laborer.
124	124	(b) A hospital or nursing home may not take an adverse
125	125	personnel action or discriminate against an employee who refuses to
126	126	perform patient handling based on:
127	127	(1) concerns over patient or employee safety; or
128	128	(2) the lack of trained designated lift team personnel
129	129	available to perform patient handling.
130	130	(c) An employee has a cause of action against the hospital
131	131	or nursing home, or another employee of the hospital or nursing
132	132	home, if the hospital or nursing home suspends or terminates the
133	133	employment of the employee or otherwise disciplines,
134	134	discriminates, or retaliates against the employee in violation of
135	135	this section.
136	136	(d) A hospital or nursing home may not retaliate or
137	137	discriminate against a person who, in good faith:
138	138	(1) makes a complaint or files a grievance against the
139	139	hospital or nursing home for a violation of this chapter;
140	140	(2) initiates or cooperates in an investigation or
141	141	proceeding of a governmental entity or private accreditation body
142	142	relating to an alleged violation of this chapter;
143	143	(3) makes a demand relating to an alleged violation of
144	144	this chapter; or
145	145	(4) files a civil action or seeks injunctive relief
146	146	relating to an alleged violation of this chapter.
147	147	(e) For purposes of Subsection (d), a person acts in good
148	148	faith if the person reasonably believes that the information
149	149	reported or disclosed is true or that a violation of this chapter
150	150	has occurred or may occur.
151	151	(f) A person, including an employee, who is retaliated or
152	152	discriminated against or subject to an adverse personnel action in
153	153	violation of this section is entitled to sue for:
154	154	(1) injunctive relief;
155	155	(2) actual damages;
156	156	(3) exemplary damages;
157	157	(4) court costs;
158	158	(5) reasonable attorney's fees; and
159	159	(6) other damages allowed by law.
160	160	(g) In addition to the amounts that may be recovered under
161	161	Subsection (f), an employee whose employment is suspended or
162	162	terminated is entitled to appropriate injunctive relief,
163	163	including, if applicable:
164	164	(1) reinstatement to the employee's former position or
165	165	severance pay in an amount equal to three months of the employee's
166	166	most recent salary; and
167	167	(2) compensation for wages and benefits lost during
168	168	the period of suspension or termination.
169	169	Sec. 256.006. REQUIRED DISCLOSURE. Notwithstanding
170	170	Chapters 241 and 242 and department rules, all information and
171	171	materials obtained or compiled by the department in connection with
172	172	a complaint and investigation under this chapter concerning a
173	173	hospital or nursing home are subject to disclosure under Chapter
174	174	552, Government Code, unless protected under federal law.
175	175	Sec. 256.007. DEPARTMENT INSPECTION, SURVEY, OR
176	176	INVESTIGATION. The department may inspect, survey, or investigate
177	177	a hospital or nursing home in accordance with Chapters 241 and 242
178	178	and department rules to ensure compliance with this chapter.
179	179	Sec. 256.008. VIOLATION; ADMINISTRATIVE PENALTY. (a)
180	180	Except as provided under Subsection (b), a hospital or nursing home
181	181	that violates this chapter is liable to the department for an
182	182	administrative penalty of not more than $5,000 for each act
183	183	constituting a violation. Each day a continuing violation occurs
184	184	constitutes a separate violation.
185	185	(b) If a hospital or nursing home violates this chapter for
186	186	at least five consecutive days, the hospital or nursing home is
187	187	liable to the department for an administrative penalty of $10,000
188	188	for each act constituting a violation. Each day a continuing
189	189	violation occurs constitutes a separate violation.
190	190	(c) The department shall assess the administrative penalty
191	191	in accordance with the procedures established in Chapter 241 for
192	192	hospitals and Chapter 242 for nursing homes.
193	193	SECTION 4. Notwithstanding Chapter 256, Health and Safety
194	194	Code, as amended by this Act, a hospital or nursing home is not
195	195	required to implement a health care worker patient handling injury
196	196	prevention program until January 1, 2016.
197	197	SECTION 5. This Act takes effect September 1, 2015.