§ 23-17-59. Safe patient handling.
(a) Definitions. As used in this chapter:
(1) "Safe patient handling� means the use of engineering controls, transfer aids, or assistive
devices whenever feasible and appropriate instead of manual lifting to perform the
acts of lifting, transferring, and/or repositioning health care patients and residents.
(2) "Safe patient handling policy� means protocols established to implement safe patient
handling.
(3) "Health care facility� means a hospital or a nursing facility.
(4) "Lift team� means health care facility employees specially trained to perform patient
lifts, transfers, and repositioning in accordance with safe patient handling policy.
(5) "Musculoskeletal disorders� means conditions that involve the nerves, tendons, muscles,
and supporting structures of the body.
(b) Licensure requirements. Each licensed health care facility shall comply with the following as a condition
of licensure:
(1) Each licensed health care facility shall establish a safe patient handling committee,
which shall be chaired by a professional nurse or other appropriate licensed health
care professional. A health care facility may utilize any appropriately configured
committee to perform the responsibilities of this section. At least half of the members
of the committee shall be hourly, non-managerial employees who provide direct patient
care.
(2) By July 1, 2007, each licensed health care facility shall develop a written safe patient
handling program, with input from the safe patient handling committee, to prevent
musculoskeletal disorders among health care workers and injuries to patients. As part
of this program, each licensed health care facility shall:
(i) By July 1, 2008, implement a safe patient handling policy for all shifts and units
of the facility that will achieve the maximum reasonable reduction of manual lifting,
transferring, and repositioning of all or most of a patient's weight, except in emergency,
life-threatening, or otherwise exceptional circumstances;
(ii) Conduct a patient handling hazard assessment. This assessment should consider such
variables as patient-handling tasks, types of nursing units, patient populations,
and the physical environment of patient care areas;
(iii) Develop a process to identify the appropriate use of the safe patient handling policy
based on the patient's physical and mental condition, the patient's choice, and the
availability of lifting equipment or lift teams. The policy shall include a means
to address circumstances under which it would be medically contraindicated to use
lifting or transfer aids or assistive devices for particular patients;
(iv) Designate and train a registered nurse or other appropriate licensed health care professional
to serve as an expert resource, and train all clinical staff on safe patient handling
policies, equipment, and devices before implementation, and at least annually or as
changes are made to the safe patient handling policies, equipment and/or devices being
used;
(v) Conduct an annual performance evaluation of the safe patient handling with the results
of the evaluation reported to the safe patient handling committee or other appropriately
designated committee. The evaluation shall determine the extent to which implementation
of the program has resulted in a reduction in musculoskeletal disorder claims and
days of lost work attributable to musculoskeletal disorder caused by patient handling,
and include recommendations to increase the program's effectiveness; and
(vi) Submit an annual report to the safe patient handling committee of the facility, which
shall be made available to the public upon request, on activities related to the identification,
assessment, development, and evaluation of strategies to control risk of injury to
patients, nurses and other health care workers associated with the lifting, transferring,
repositioning, or movement of a patient.
(3) Nothing in this section precludes lift team members from performing other duties as
assigned during their shift.
(4) An employee may, in accordance with established facility protocols, report to the
committee, as soon as possible, after being required to perform a patient handling
activity that he/she believes in good faith exposed the patient and/or employee to
an unacceptable risk of injury. Such employee reporting shall not be cause for discipline
or be subject to other adverse consequences by his/her employer. These reportable
incidents shall be included in the facility's annual performance evaluation.