Assembly passes Conaway/Prieto/Schaer/Voss 'Safe Patient Handling Practices Act'

ASSEMBLY PASSES CONAWAY/PRIETO/SCHAER/VOSS'SAFE PATIENT HANDLING PRACTICES ACT'

Bill Would Require Care Facilities To Create Program to Ensure Safe Patient Handling

(TRENTON) -- The Assembly today passed a substitute for legislation sponsored by Assembly members Herb Conaway, Jr., MD, Vincent Prieto, Gary Schaer and Joan Voss that would protect patients and health care workers from injuries caused by unsafe patient handling at hospitals and nursing homes. 

"Just as it is the responsibility of the state to protect workers at health care facilities, it is equally important to protect patients who are under their care," said Conaway, a practicing physician (D-Burlington).  "The state must always strive to mitigate the risks of serious injuries associated with unsafe patient handling practices."

The "Safe Patient Handling Practices Act" (A-3028) would require licensed health care facilities to establish comprehensive patient handling safety procedures to minimize risks inherent in moving patients or restricting their movements.

"Too often health care workers are forced to bear the brunt of moving a patient without the correct lifting devices and aids," said Prieto (D-Hudson).  "We cannot continue to put the health of workers at hospitals and nursing homes at risk while they are caring for those in need."

The bill would require all health care facilities to implement a program that would include:

• An assessment of the assistive devices necessary to carry out the safe patient handling policy;
• Recommendations for a three-year capital plan to purchase patient handling equipment and aids;
• A plan for ensuring availability of and prompt access to mechanical patient handling equipment and aids on all units for all shifts;--2--
• Training for health care workers;
• Protocols and procedures for assessing and updating appropriate patient handling requirements;
• Informational materials to educate patients and their families.

"Safe patient handling programs would ease the strain for doctors, nurses and other caregivers," said Schaer (D-Bergen/Passaic).  "This is a low-cost prescription to help New Jersey hospitals and nursing homes provide patients with a safer quality of care."    

The measure would require a training program for health care workers, as well as educational materials for patients and their families to help familiarize them with safe patient handling policies and practices at the facility.  A facility's policy also would be posted in a location easily visible for staff, patients, and visitors.  The posted policy would be mandated to include a statement concerning the right of a patient to refuse the use of assisted patient handling.

"Safe patient handling programs should already be the policy at health care facilities," said Voss (D-Bergen).  "We must do all we can to protect the welfare of patients and caregivers."

In New Jersey, nurses, nurse aides, orderlies and attendants, combined, have the highest number of nonfatal occupational injuries and illnesses involving days away from work compared to other professions. 

According to the American Hospital Association, work-related musculoskeletal disorders account for the largest proportion of workers' compensation costs in hospitals and long-term care facilities.  These job-related musculoskeletal disorders are a significant contributing factor to the exodus of nurses and other health care from their occupations, which exacerbates the shortage of health care providers across the state.

Under the measure, health care workers would be protected from retaliation by employers if the worker refuses to perform a patient handling task due to concern about the patient's or their own safety or the lack of appropriate patient handling equipment or aids. 

The Assembly passed the measure 77 to 3.  The legislation now heads to the Senate for further consideration.
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