Bill Text: NY A01370 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the safe patient handling act to establish a statewide safe patient handling policy for health care facilities in the state; creates the New York state safe patient handling task force.

Spectrum: Strong Partisan Bill (Democrat 48-5)

Status: (Engrossed - Dead) 2012-05-30 - amended on third reading 1370c [A01370 Detail]

Download: New_York-2011-A01370-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1370--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of A. LANCMAN, GUNTHER, PAULIN, ROSENTHAL, ROBINSON,
         JAFFEE, BENEDETTO, CAHILL, GOTTFRIED, GALEF, CLARK,  LUPARDO,  JACOBS,
         GABRYSZAK, BRONSON, HOYT, P. RIVERA, LINARES, SCHROEDER -- Multi-Spon-
         sored  by  --  M.    of A. ABINANTI, ARROYO, BRENNAN, COLTON, DESTITO,
         GLICK, HEASTIE, LIFTON, MENG, NOLAN, PHEFFER, SWEENEY -- read once and
         referred to the Committee on Health -- reported and  referred  to  the
         Committee  on  Codes  --  committee  discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the public health law and the education law, in relation
         to a safe patient handling policy for health care facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act  shall  be  known and may be cited as the "safe
    2  patient handling act".
    3    S 2. Article 29-D of the public health law is amended by adding a  new
    4  title 4 to read as follows:
    5                                   TITLE 4
    6                        SAFE PATIENT HANDLING POLICY
    7  SECTION 2999-G. LEGISLATIVE INTENT.
    8          2999-H. DEFINITIONS.
    9          2999-I. NEW YORK STATE SAFE PATIENT HANDLING TASK FORCE.
   10          2999-J. STATEWIDE SAFE PATIENT HANDLING POLICY.
   11          2999-K. HEALTH CARE FACILITY SAFE PATIENT HANDLING COMMITTEES.
   12          2999-L. ENFORCEMENT.
   13    S  2999-G.  LEGISLATIVE  INTENT.  THE  LEGISLATURE  HEREBY  FINDS  AND
   14  DECLARES THAT IT IS IN THE PUBLIC INTEREST TO  ENACT  A  STATEWIDE  SAFE
   15  PATIENT  HANDLING  POLICY  FOR HEALTH CARE FACILITIES IN NEW YORK STATE.
   16  WITHOUT SAFE PATIENT HANDLING LEGISLATION,  IT  IS  PREDICTED  THAT  THE
   17  DEMAND  FOR  NURSING  SERVICES  WILL  EXCEED THE SUPPLY BY NEARLY THIRTY
   18  PERCENT BY THE YEAR TWO THOUSAND TWENTY THUS DECREASING THE  QUALITY  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04321-02-1
       A. 1370--A                          2
    1  HEALTH  CARE  IN  NEW  YORK STATE.   THERE ARE MANY BENEFITS THAT CAN BE
    2  DERIVED FROM SAFE PATIENT HANDLING PROGRAMS.   PATIENTS BENEFIT  THROUGH
    3  IMPROVED  QUALITY  OF  CARE  AND QUALITY OF LIFE BY REDUCING THE RISK OF
    4  FALLS, BEING DROPPED, FRICTION BURNS, SKIN TEARS AND BRUISES. CAREGIVERS
    5  BENEFIT FROM THE REDUCED RISK OF CAREER ENDING AND DEBILITATING INJURIES
    6  LEADING  TO INCREASED MORALE, IMPROVED JOB SATISFACTION AND LONGEVITY IN
    7  THE PROFESSION. HEALTH CARE FACILITIES REALIZE A QUICK RETURN  ON  THEIR
    8  INVESTMENT  THROUGH  REDUCED WORKERS' COMPENSATION MEDICAL AND INDEMNITY
    9  COSTS, REDUCED LOST WORKDAYS AND IMPROVED RECRUITMENT AND  RETENTION  OF
   10  CAREGIVERS.  ALL  OF THIS WILL LEAD TO FISCAL IMPROVEMENT IN HEALTH CARE
   11  IN NEW YORK STATE.
   12    S 2999-H. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
   13    1. "HEALTH CARE FACILITY"  SHALL  MEAN  ANY  INDIVIDUAL,  PARTNERSHIP,
   14  ASSOCIATION,  CORPORATION,  LIMITED  LIABILITY  COMPANY OR ANY PERSON OR
   15  GROUP OF PERSONS ACTING DIRECTLY OR INDIRECTLY ON BEHALF OF  OR  IN  THE
   16  INTEREST  OF  THE  EMPLOYER,  WHICH  PROVIDES  HEALTH CARE SERVICES IN A
   17  FACILITY LICENSED OR OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT,  TWENTY-
   18  EIGHT-A  OR  THIRTY-SIX  OF THIS CHAPTER, OR THE MENTAL HYGIENE LAW, THE
   19  EDUCATION LAW OR THE CORRECTION LAW, INCLUDING ANY FACILITY OPERATED  BY
   20  THE  STATE,  A  POLITICAL SUBDIVISION OR A PUBLIC BENEFIT CORPORATION AS
   21  DEFINED BY SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW.
   22    2. "NURSE" SHALL MEAN A REGISTERED PROFESSIONAL NURSE  OR  A  LICENSED
   23  PRACTICAL  NURSE  AS  DEFINED  BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE
   24  EDUCATION LAW.
   25    3. "DIRECT CARE WORKER" SHALL MEAN  ANY  EMPLOYEE  OF  A  HEALTH  CARE
   26  FACILITY  THAT IS RESPONSIBLE FOR PATIENT HANDLING OR PATIENT ASSESSMENT
   27  AS A REGULAR OR INCIDENTAL  PART  OF  THEIR  EMPLOYMENT,  INCLUDING  ANY
   28  LICENSED OR UNLICENSED HEALTH CARE WORKER.
   29    4.  "EMPLOYEE  REPRESENTATIVE"  SHALL MEAN THE RECOGNIZED OR CERTIFIED
   30  COLLECTIVE BARGAINING AGENT FOR NURSES  OR  DIRECT  CARE  WORKERS  OF  A
   31  HEALTH CARE FACILITY.
   32    5. "SAFE PATIENT HANDLING" SHALL MEAN THE USE OF ENGINEERING CONTROLS,
   33  LIFTING  AND  TRANSFER  AIDS,  OR ASSISTIVE DEVICES, BY NURSES OR DIRECT
   34  CARE WORKERS, INSTEAD OF MANUAL LIFTING TO PERFORM THE ACTS OF  LIFTING,
   35  TRANSFERRING AND REPOSITIONING OF HEALTH CARE PATIENTS AND RESIDENTS.
   36    6. "SAFE PATIENT HANDLING PROGRAM" SHALL INCLUDE:
   37    (A) A WRITTEN POLICY STATEMENT; AND
   38    (B) MANAGEMENT COMMITMENT AND EMPLOYEE INVOLVEMENT; AND
   39    (C) COMMITTEES; AND
   40    (D) RISK ASSESSMENTS; AND
   41    (E) INCIDENT INVESTIGATION; AND
   42    (F)  PROCUREMENT OF ENGINEERING CONTROLS, LIFTING AND TRANSFER AIDS OR
   43  ASSISTIVE DEVICES TO ENSURE SAFE PATIENT HANDLING; AND
   44    (G) EMPLOYEE TRAINING AND EDUCATION ON SAFE PATIENT HANDLING; AND
   45    (H) PROGRAM EVALUATION AND MODIFICATION.
   46    S 2999-I. NEW YORK STATE SAFE PATIENT HANDLING TASK FORCE.  1.  A  NEW
   47  YORK STATE SAFE PATIENT HANDLING TASK FORCE IS HEREBY CREATED WITHIN THE
   48  DEPARTMENT.   SUCH TASK FORCE SHALL CONSIST OF A TOTAL OF ELEVEN MEMBERS
   49  AND SHALL INCLUDE THE COMMISSIONER OR HIS OR HER DESIGNEE;  THE  COMMIS-
   50  SIONER  OF  LABOR OR HIS OR HER DESIGNEE; THREE MEMBERS APPOINTED BY THE
   51  GOVERNOR, TWO SUCH MEMBERS  SHALL  BE  REPRESENTATIVES  OF  HEALTH  CARE
   52  ORGANIZATIONS,  ONE  SUCH  MEMBER SHALL BE FROM AN EMPLOYEE ORGANIZATION
   53  REPRESENTING NURSES AND ONE SUCH MEMBER SHALL BE FROM AN EMPLOYEE ORGAN-
   54  IZATION REPRESENTING DIRECT CARE WORKERS;  TWO  SUCH  MEMBERS  SHALL  BE
   55  CERTIFIED ERGONOMIST EVALUATION SPECIALISTS; TWO MEMBERS TO BE APPOINTED
   56  BY  THE  TEMPORARY  PRESIDENT OF THE SENATE, WHO SHALL HAVE EXPERTISE IN
       A. 1370--A                          3
    1  FIELDS OF DISCIPLINE RELATED TO HEALTH CARE OR OCCUPATIONAL  SAFETY  AND
    2  ONE  SUCH  APPOINTEE SHALL BE FROM AN ORGANIZATION REPRESENTING EITHER A
    3  NURSE OR DIRECT CARE WORKER; TWO MEMBERS TO BE APPOINTED BY THE  SPEAKER
    4  OF  THE  ASSEMBLY,  WHO  SHALL  HAVE  EXPERTISE  IN FIELDS OF DISCIPLINE
    5  RELATED TO HEALTH CARE OR OCCUPATIONAL SAFETY  AND  ONE  SUCH  APPOINTEE
    6  SHALL BE FROM AN ORGANIZATION REPRESENTING EITHER A NURSE OR DIRECT CARE
    7  WORKER; ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE,
    8  WHO  SHALL HAVE EXPERTISE IN FIELDS OF DISCIPLINE RELATED TO HEALTH CARE
    9  OR OCCUPATIONAL SAFETY; AND ONE MEMBER APPOINTED BY THE MINORITY  LEADER
   10  OF  THE  ASSEMBLY,  WHO  SHALL  HAVE  EXPERTISE  IN FIELDS OF DISCIPLINE
   11  RELATED TO HEALTH CARE OR OCCUPATIONAL SAFETY.
   12    2.  TASK  FORCE  MEMBERS  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
   13  SERVICES,  BUT  SHALL  BE  REIMBURSED  FOR ACTUAL AND NECESSARY EXPENSES
   14  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   15    3. THE TASK FORCE SHALL BE APPOINTED NO LATER  THAN  JULY  FIRST,  TWO
   16  THOUSAND  THIRTEEN AND SHALL SERVE FOR A PERIOD OF TWO YEARS; ANY VACAN-
   17  CIES ON THE TASK FORCE SHALL BE FILLED IN THE MANNER PROVIDED FOR IN THE
   18  INITIAL APPOINTMENT.
   19    4. THE CHAIRPERSON OF THE TASK FORCE SHALL BE THE COMMISSIONER OR  HIS
   20  OR HER DESIGNEE.
   21    5. THE TASK FORCE SHALL MEET NO LESS THAN THREE TIMES A YEAR.
   22    6.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, A MAJORITY OF THE
   23  MEMBERS OF THE TASK FORCE THEN IN OFFICE SHALL CONSTITUTE A  QUORUM  FOR
   24  THE  TRANSACTION OF BUSINESS OR THE EXERCISE OF POWER OR FUNCTION OF THE
   25  TASK FORCE. AN ACT, DETERMINATION OR DECISION OF  THE  MAJORITY  OF  THE
   26  MEMBERS  OF THE TASK FORCE SHALL BE HELD TO BE THE ACT, DETERMINATION OR
   27  DECISION OF THE TASK FORCE.
   28    7. THE TASK FORCE SHALL:
   29    (A) PREPARE A POLICY STATEMENT REQUIRING A COMPREHENSIVE SAFE  PATIENT
   30  HANDLING  PROGRAM  TO  BE  IMPLEMENTED AT ALL HEALTH CARE FACILITIES, AS
   31  DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED  NINETY-NINE-H
   32  OF  THIS TITLE.  THE POLICY STATEMENT SHALL INCLUDE THE REQUIREMENTS FOR
   33  DEVELOPING AND IMPLEMENTING AN EFFECTIVE SAFE PATIENT  HANDLING  PROGRAM
   34  THAT  SHALL INCLUDE ALL ELEMENTS SPECIFIED IN SUBDIVISION SIX OF SECTION
   35  TWENTY-NINE HUNDRED NINETY-NINE-H OF THIS TITLE;
   36    (B) REVIEW  EXISTING  SAFE  PATIENT  HANDLING  PROGRAMS  OR  POLICIES,
   37  INCLUDING  DEMONSTRATION PROGRAMS PREVIOUSLY AUTHORIZED BY CHAPTER SEVEN
   38  HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND FIVE;
   39    (C) CONSULT WITH  ANY  ORGANIZATION,  EDUCATIONAL  INSTITUTION,  OTHER
   40  GOVERNMENT ENTITY OR AGENCY OR PERSON;
   41    (D) CONDUCT PUBLIC HEARINGS, AS IT DEEMS NECESSARY;
   42    (E)  IDENTIFY OR DEVELOP TRAINING MATERIALS AND PROCEDURES WITH REGARD
   43  TO THE EQUIPMENT OR TECHNOLOGY REQUIRED BY THE STATEWIDE POLICY;
   44    (F) REVIEW RULES AND REGULATIONS PRIOR TO ADOPTION BY THE DEPARTMENT;
   45    (G) REVIEW AND UPDATE THE POLICY STATEMENT ON A BI-ANNUAL BASIS; AND
   46    (H) SUBMIT A REPORT TO THE COMMISSIONER BY JULY  FIRST,  TWO  THOUSAND
   47  FOURTEEN  IDENTIFYING  SAFE PATIENT HANDLING PROGRAM ELEMENTS AND RECOM-
   48  MENDATIONS OF SAFE PATIENT LIFTING EQUIPMENT, TECHNIQUES OR DEVICES.
   49    8. ALL STATE DEPARTMENTS, COMMISSIONS, AGENCIES AND PUBLIC AUTHORITIES
   50  SHALL PROVIDE THE TASK FORCE WITH ANY REASONABLY REQUESTED ASSISTANCE OF
   51  ADVICE IN A TIMELY MANNER.
   52    S 2999-J. STATEWIDE SAFE PATIENT HANDLING POLICY. 1. THE COMMISSIONER,
   53  IN CONSULTATION WITH THE TASK FORCE, SHALL PROMULGATE  RULES  AND  REGU-
   54  LATIONS  FOR  A  STATEWIDE  SAFE PATIENT HANDLING POLICY FOR HEALTH CARE
   55  FACILITIES COVERED BY THIS TITLE. SUCH POLICY SHALL BE MADE AVAILABLE TO
       A. 1370--A                          4
    1  ALL FACILITIES COVERED BY THIS TITLE ON OR  BEFORE  JANUARY  FIRST,  TWO
    2  THOUSAND FIFTEEN.
    3    2.  THE STATEWIDE SAFE PATIENT HANDLING POLICY SHALL INCLUDE STANDARDS
    4  WITH REGARD TO:
    5    (A) THE EQUIPMENT, DEVICES OR TECHNOLOGY TO BE  USED  BY  A  NURSE  OR
    6  DIRECT CARE WORKER WHO IS ENGAGED IN PATIENT HANDLING;
    7    (B)  THE  RATIO OF SUCH EQUIPMENT OR TECHNOLOGY BASED UPON THE TYPE OF
    8  FACILITY, THE NUMBER OF BEDS IN A FACILITY, THE NUMBER  OF  PATIENT-HAN-
    9  DLING  TASKS, TYPES OF CARE UNITS, PATIENT POPULATIONS, AND PATIENT CARE
   10  AREAS;
   11    (C) THE MINIMUM NUMBER OF DEVICES  TO  ENSURE  THAT  CURRENT  ASSESSED
   12  HAZARDS ARE ELIMINATED OR MITIGATED;
   13    (D)  ESTABLISHING  PROCEDURES  FOR  THE  SUBMISSION  AND  REPORTING OF
   14  COMPLIANCE BY EACH HEALTH CARE FACILITY COVERED BY THIS TITLE; AND
   15    (E) ESTABLISHING PROCEDURES FOR COMPLAINTS  OR  VIOLATIONS,  INCLUDING
   16  THE FILING PROCESS, REVIEW, AND EVALUATION AND CORRECTIVE ACTION OF SUCH
   17  COMPLAINTS.
   18    3.  EACH  HEALTH  CARE FACILITY SHALL FILE WITH THE DEPARTMENT BY JULY
   19  FIRST, TWO THOUSAND FIFTEEN A DETAILED PLAN TO COMPLY WITH THE RULES AND
   20  REGULATIONS OF THE STATEWIDE SAFE PATIENT HANDLING POLICY.  THE  DEPART-
   21  MENT SHALL ACCEPT SUCH PLAN BY JULY FIRST, TWO THOUSAND SIXTEEN.
   22    S  2999-K.  HEALTH  CARE FACILITY SAFE PATIENT HANDLING COMMITTEES. 1.
   23  EACH HEALTH CARE  FACILITY  SHALL  ESTABLISH  A  SAFE  PATIENT  HANDLING
   24  COMMITTEE EITHER BY CREATING A NEW COMMITTEE OR ASSIGNING THE POWERS AND
   25  DUTIES  TO  AN EXISTING COMMITTEE.   AT LEAST ONE-HALF OF THE MEMBERS OF
   26  THE SAFE PATIENT HANDLING COMMITTEE SHALL  BE  FRONTLINE  NON-MANAGERIAL
   27  NURSES OR DIRECT CARE WORKERS. AT LEAST ONE NON-MANAGERIAL NURSE AND ONE
   28  NON-MANAGERIAL  DIRECT CARE WORKER SHALL BE ON THE SAFE PATIENT HANDLING
   29  COMMITTEE. THE COMMITTEE SHALL HAVE TWO CO-CHAIRS WITH ONE FROM  MANAGE-
   30  MENT AND ONE FRONTLINE NON-MANAGERIAL NURSE OR DIRECT CARE WORKER.
   31    2.  THE  SAFE  PATIENT  HANDLING COMMITTEE SHALL: (A) SET CRITERIA FOR
   32  EVALUATION OF PATIENTS AND/OR RESIDENTS TO DETERMINE WHICH  LIFT  AND/OR
   33  REPOSITIONING  EQUIPMENT,  DEVICES OR TECHNOLOGY ARE TO BE USED; AND FOR
   34  PERFORMANCE OF RISK  ASSESSMENTS  OF  THE  ENVIRONMENT,  JOB  TASKS  AND
   35  PATIENT NEEDS;
   36    (B)  ENSURE  LIFT  AND/OR  REPOSITIONING EQUIPMENT IS SET UP, USED AND
   37  MAINTAINED ACCORDING TO MANUFACTURER'S INSTRUCTIONS;
   38    (C) PROVIDE INITIAL AND ON-GOING YEARLY TRAINING AND EDUCATION ON SAFE
   39  PATIENT HANDLING FOR CURRENT EMPLOYEES AND NEW HIRES,  AND  ENSURE  THAT
   40  RETRAINING FOR THOSE FOUND TO BE DEFICIENT IS PROVIDED AS NEEDED WITHOUT
   41  IMPACT TO THE EMPLOYMENT STATUS OF THE RETRAINED EMPLOYEES;
   42    (D)  SET UP AND UTILIZE A PROCESS FOR INCIDENT INVESTIGATION AND POST-
   43  INVESTIGATION REVIEW WHICH INCLUDES A PLAN OF CORRECTION AND IMPLEMENTA-
   44  TION OF CONTROLS;
   45    (E) MAKE RECOMMENDATIONS FOR THE ACQUISITION OF  EQUIPMENT  OR  PROCE-
   46  DURES BEYOND THE MINIMUM STATE RECOMMENDATIONS; AND
   47    (F) PERFORM, AT MINIMUM, AN ANNUAL PROGRAM ASSESSMENT AND EVALUATION.
   48    S  2999-L. ENFORCEMENT. 1. ANY NURSE OR DIRECT CARE WORKER OR EMPLOYEE
   49  REPRESENTATIVE WHO BELIEVES THE HEALTH CARE FACILITY  HAS  NOT  MET  THE
   50  STANDARDS  SET  FORTH IN THIS TITLE SHALL BRING THE MATTER TO THE ATTEN-
   51  TION OF THE HEALTH CARE FACILITY IN THE FORM OF  A  WRITTEN  NOTICE  AND
   52  SHALL  AFFORD  THE  HEALTH  CARE  FACILITY  A  REASONABLE OPPORTUNITY TO
   53  CORRECT SUCH  DEFICIENCIES,  PROVIDED  THAT  SUCH  NOTICE  NEED  NOT  BE
   54  PROVIDED  WHERE  THE  NURSE  OR DIRECT WORKER OR EMPLOYEE REPRESENTATIVE
   55  REASONABLY BELIEVES THAT THE FAILURE TO MEET STANDARDS PRESENTS AN IMMI-
   56  NENT THREAT TO THE SAFETY OF A SPECIFIC NURSE OR DIRECT CARE WORKER,  OR
       A. 1370--A                          5
    1  TO  THE  GENERAL  HEALTH  OF  A SPECIFIC PATIENT, AND REPORTING WILL NOT
    2  RESULT IN CORRECTIVE ACTION.
    3    2.  IN THE EVENT THAT THE HEALTH CARE FACILITY RECEIVING NOTICE PURSU-
    4  ANT TO SUBDIVISION ONE OF THIS SECTION DOES NOT TAKE  CORRECTIVE  ACTION
    5  WITHIN  SIXTY  DAYS,  OR  IN  THE EVENT THAT NOTICE OF A FAILURE TO MEET
    6  STANDARDS IS NOT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, A
    7  NURSE OR DIRECT CARE WORKER SHALL HAVE THE RIGHT TO REFUSE TO ENGAGE  IN
    8  PATIENT HANDLING UNTIL THE HEALTH CARE FACILITY HAS ADEQUATELY ADDRESSED
    9  THE  SPECIFIC  FAILURE  TO MEET STANDARDS.   UPON REFUSAL, SUCH NURSE OR
   10  DIRECT CARE WORKER OR HIS OR HER REPRESENTATIVE SHALL FILE  A  COMPLAINT
   11  TO  THE DEPARTMENT IN THE MANNER SET FORTH IN THE STATEWIDE SAFE PATIENT
   12  HANDLING POLICY.
   13    3. NO EMPLOYER SHALL TAKE RETALIATORY  ACTION  AGAINST  ANY  NURSE  OR
   14  DIRECT CARE WORKER FOR RAISING CONCERNS OR ISSUES REGARDING SAFE PATIENT
   15  HANDLING, FILING A COMPLAINT OR REFUSING TO ENGAGE IN PATIENT HANDLING.
   16    4.  NURSES  AND DIRECT CARE WORKERS, AS DEFINED IN SECTION TWENTY-NINE
   17  HUNDRED NINETY-NINE-H OF THIS TITLE SHALL BE  CONSIDERED  EMPLOYEES  FOR
   18  THE PURPOSES OF SECTION SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW.
   19    5.  THE  DEPARTMENT AND THE DEPARTMENT OF LABOR SHALL PUBLISH AND MAKE
   20  PUBLIC WHICH HEALTH CARE FACILITIES ARE IN COMPLIANCE WITH THE STATEWIDE
   21  SAFE PATIENT HANDLING POLICY.
   22    S 3. The education law is amended by adding a new  section  6510-f  to
   23  read as follows:
   24    S  6510-F.  STATE  SAFE PATIENT HANDLING POLICY.   1. THE REFUSAL OF A
   25  LICENSED PRACTICAL NURSE OR A REGISTERED  NURSE  TO  ENGAGE  IN  PATIENT
   26  HANDLING  SHALL  NOT  CONSTITUTE  PATIENT ABANDONMENT OR NEGLECT IF SUCH
   27  NURSE HAS, IN A MANNER CONSISTENT  WITH  ARTICLE  TWENTY-NINE-D  OF  THE
   28  PUBLIC  HEALTH LAW AND THE RULES AND REGULATIONS PROMULGATED PURSUANT TO
   29  SUCH  ARTICLE,  REFUSED  A  PATIENT  HANDLING  ASSIGNMENT  AND  FILED  A
   30  COMPLAINT WITH THE DEPARTMENT OF HEALTH.
   31    2.  THE  REFUSAL  OF  A  LICENSED  OR UNLICENSED HEALTH CARE WORKER TO
   32  ENGAGE IN PATIENT HANDLING NOT CONSISTENT WITH THE  STATE  SAFE  PATIENT
   33  HANDLING  POLICY  OR A FACILITY'S SAFE PATIENT HANDLING POLICY SHALL NOT
   34  BE CONSIDERED PROFESSIONAL MISCONDUCT. THE  REFUSAL  OF  A  LICENSED  OR
   35  UNLICENSED  HEALTH  CARE  WORKER TO ENGAGE IN PATIENT HANDLING SHALL NOT
   36  CONSTITUTE PATIENT ABANDONMENT OR NEGLECT  IF  SUCH  WORKER  HAS,  IN  A
   37  MANNER  CONSISTENT  WITH  ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW
   38  AND THE RULES AND REGULATIONS  PROMULGATED  PURSUANT  TO  SUCH  ARTICLE,
   39  REFUSED  A  PATIENT  HANDLING  ASSIGNMENT AND FILED A COMPLAINT WITH THE
   40  DEPARTMENT OF HEALTH.
   41    S 4. This act shall take effect on the one hundred twentieth day after
   42  it shall have become a law.