84R5027 KKR-F
By: Allen H.B. No. 3820
A BILL TO BE ENTITLED
AN ACT
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) [(2)] "Nursing home" means an institution
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, [and] ensure
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 [nurses] associated with [the
lifting, transferring, repositioning, or movement of a] patient
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 [nurses] posed by the patient handling needs of
the patient populations served by the hospital or nursing home and
the physical environment in which patient handling [and movement]
occurs;
(2) adoption of a health care worker patient handling
injury prevention program under Section 256.003;
(3) education of health care workers [nurses] in the
identification, assessment, and control of risks of injury to
patients and nurses during patient handling;
(4) [(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 to emergency, life-threatening, or
otherwise exceptional circumstances;]
(5) collaboration with and annual report to the
hospital or nursing home [nurse] staffing committee;
(6) procedures for health care workers [nurses] to
refuse to perform or be involved in patient handling or movement
that the health care worker [nurse] believes in good faith will
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 [nurses]
associated with patient handling [the lifting, transferring,
repositioning, or movement of a patient]; and
(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 [and movement]
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.