'SAFE PATIENT HANDLING PRACTICES ACT' BECOMES LAW

 (TRENTON) -- Legislation sponsored by Assembly members Herb Conaway, Jr., MD, Vincent Prieto, Gary Schaer and Joan Voss sponsored to protect patients and health care workers from injuries caused by unsafe patient handling at hospitals and nursing homes was signed into law today by Governor Jon S. Corzine. 

"By investing time and effort in promoting safe patient handling technique and policies we can prevent injuries to patients and caregivers," said Conaway (D-Burlington), one of two physicians in the Legislature.

The "Safe Patient Handling Practices Act" (S-1758/A-3028) requires licensed health care facilities to establish comprehensive patient handling safety procedures to minimize risks when 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 new law requires all health care facilities to implement a program that will 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;
• Training for health care workers;
• Protocols and procedures for assessing and updating appropriate patient handling requirements;
• Informational materials to educate patients and their families.

"These steps will ease the strain for doctors, nurses and other caregivers," said Schaer (D-Bergen/Passaic/Essex).  "This is a low-cost prescription to help New Jersey hospitals and nursing homes provide patients an improved measure of care to their patients."    

The law requires 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 will be posted in a location easily visible for staff, patients, and visitors.  The posted policy will 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 non-fatal 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 are 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 new law takes effect immediately. 

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