SB0680 Engrossed LRB097 04946 ASK 44986 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 Nursing Home Care Act is amended by changing
5		Section 3-206.05 as follows:
6		(210 ILCS 45/3-206.05)
7		Sec. 3-206.05. Safe resident handling policy.
8		(a) In this Section:
9		"Health care worker" means an individual providing direct
10		resident care services who may be required to lift, transfer,
11		reposition, or move a resident.
12		"Nurse" means an advanced practice nurse, a registered
13		nurse, or a licensed practical nurse licensed under the Nurse
14		Practice Act.
15		"Safe lifting equipment and accessories" means mechanical
16		equipment designed to lift, move, reposition, and transfer
17		residents, including, but not limited to, fixed and portable
18		ceiling lifts, sit-to-stand lifts, slide sheets and boards,
19		slings, and repositioning and turning sheets.
20		"Safe lifting team" means at least 2 individuals who are
21		trained and proficient in the use of both safe lifting
22		techniques and safe lifting equipment and accessories.
23		"Adjustable equipment" means products and devices that may

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1		be adapted for use by individuals with physical and other
2		disabilities in order to optimize accessibility. Adjustable
3		equipment includes, but is not limited to, the following:
4		(1) Wheelchairs with adjustable footrest height and
5		seat width and depth.
6		(2) Height-adjustable, drop-arm commode chairs and
7		height-adjustable shower gurneys or shower benches to
8		enable individuals with mobility disabilities to use a
9		toilet and to shower safely and with increased comfort.
10		(3) Accessible weight scales that accommodate
11		wheelchair users.
12		(4) Height-adjustable beds that can be lowered to
13		accommodate individuals with mobility disabilities in
14		getting in and out of bed and that utilize drop-down side
15		railings for stability and positioning support.
16		(5) Universally designed or adaptable call buttons and
17		motorized bed position and height controls that can be
18		operated by persons with limited or no reach range, fine
19		motor ability, or vision.
20		(6) Height-adjustable platform tables for physical
21		therapy with drop-down side railings for stability and
22		positioning support.
23		(7) Therapeutic rehabilitation and exercise machines
24		with foot straps to secure the user's feet to the pedals
25		and with cuffs or splints to augment the user's grip
26		strength on handles.

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1		(b) A facility must adopt and ensure implementation of a
2		policy to identify, assess, and develop strategies to control
3		risk of injury to residents and nurses and other health care
4		workers associated with the lifting, transferring,
5		repositioning, or movement of a resident. The policy shall
6		establish a process that, at a minimum, includes all of the
7		following:
8		(1) Analysis of the risk of injury to residents and
9		nurses and other health care workers taking into account
10		the resident handling needs of the resident populations
11		served by the facility and the physical environment in
12		which the resident handling and movement occurs.
13		(2) Education and training of nurses and other direct
14		resident care providers in the identification, assessment,
15		and control of risks of injury to residents and nurses and
16		other health care workers during resident handling and on
17		safe lifting policies and techniques and current lifting
18		equipment.
19		(3) Evaluation of alternative ways to reduce risks
20		associated with resident handling, including evaluation of
21		equipment and the environment.
22		(4) Restriction, to the extent feasible with existing
23		equipment and aids, of manual resident handling or movement
24		of all or most of a resident's weight except for emergency,
25		life-threatening, or otherwise exceptional circumstances.
26		(5) Procedures for a nurse to refuse to perform or be

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1		involved in resident handling or movement that the nurse in
2		good faith believes will expose a resident or nurse or
3		other health care worker to an unacceptable risk of injury.
4		(6) Development of strategies to control risk of injury
5		to residents and nurses and other health care workers
6		associated with the lifting, transferring, repositioning,
7		or movement of a resident.
8		(7) In developing architectural plans for construction
9		or remodeling of a facility or unit of a facility in which
10		resident handling and movement occurs, consideration of
11		the feasibility of incorporating resident handling
12		equipment or the physical space and construction design
13		needed to incorporate that equipment.
14		(8) Fostering and maintaining resident safety,
15		dignity, self-determination, and choice, including the
16		following policies, strategies, and procedures:
17		(A) The existence and availability of a trained
18		safe lifting team.
19		(B) A policy of advising residents of a range of
20		transfer and lift options, including adjustable
21		diagnostic and treatment equipment, mechanical lifts,
22		and provision of a trained safe lifting team.
23		(C) The right of a competent resident, or the
24		guardian of a resident adjudicated incompetent, to
25		choose among the range of transfer and lift options
26		consistent with the procedures set forth under

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1		subdivision (b)(5) and the policies set forth under
2		this paragraph (8), subject to the provisions of
3		subparagraph (E) of this paragraph (8).
4		(D) Procedures for documenting, upon admission and
5		as status changes, a mobility assessment and plan for
6		lifting, transferring, repositioning, or movement of a
7		resident, including the choice of the resident or the
8		resident's guardian among the range of transfer and
9		lift options.
10		(E) Incorporation of such safe lifting procedures,
11		techniques, and equipment as are consistent with
12		applicable federal law.
13		(c) Safe lifting teams must receive specialized, in-depth
14		training that includes, but need not be limited to, the
15		following:
16		(1) Types and operation of equipment.
17		(2) Safe manual lifting and moving techniques.
18		(3) Ergonomic principles in the assessment of risk both
19		to nurses and other workers and to residents.
20		(4) The selection, safe use, location, and condition of
21		appropriate pieces of equipment individualized to each
22		resident's medical and physical conditions and
23		preferences.
24		(5) Procedures for advising residents of the full range
25		of transfer and lift options and for documenting
26		individualized lifting plans that include resident choice.

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1		Specialized, in-depth training may rely on federal
2		standards and guidelines such as the United States Department
3		of Labor Guidelines for Nursing Homes, supplemented by federal
4		requirements for barrier removal, independent access, and
5		means of accommodation optimizing independent movement and
6		transfer.
7		(Source: P.A. 96-389, eff. 1-1-10.)