4. Within 36 months of the effective date of this act, each covered health care facility shall establish a safe patient handling program to reduce the risk of injury to both patients and health care workers at the facility.

a. The facility shall:

(1) maintain a detailed written description of the program and its components;

(2) provide a copy of the written description of the program to the Department of Health and Senior Services or Department of Human Services, as applicable, and make the description available to health care workers at the facility and to any collective bargaining agent representing health care workers at the facility;

(3) establish a safe patient handling policy, as provided in subsection b. of this section;

(4) include in the safe patient handling policy a statement concerning the right of a patient to refuse the use of assisted patient handling, as provided in subsection e. of this section;

(5) post the safe patient handling policy in a location easily visible to staff, patients, and visitors; and

(6) designate a representative of management at the facility who shall be responsible for overseeing all aspects of the safe patient handling program.

b. A safe patient handling program shall include:

(1) a safe patient handling policy on all units and for all shifts that minimizes unassisted patient handling, taking into account the patient’s physical and cognitive condition, and that is consistent with patient safety and well-being;

(2) an assessment of the safe patient handling assistive devices needed to carry out the facility’s safe patient handling policy;

(3) recommendations for a three-year capital plan to purchase safe patient handling equipment and patient handling aids necessary to carry out the safe patient handling policy, which plan takes into account the financial constraints of the facility;

(4) protocols and procedures for assessing and updating the appropriate patient handling requirements of each patient of the facility;

(5) a plan for achieving prompt access to and availability of mechanical patient handling equipment and patient handling aids;

(6) a provision requiring that all such equipment and aids be stored and maintained in compliance with their manufacturers’ recommendations;

(7) a training program for health care workers that:

(a) covers the identification, assessment, and control of patient handling risks; the safe, appropriate, and effective use of patient handling equipment and aids, and proven safe patient handling techniques;

(b) requires trainees to demonstrate proficiency in the techniques and practices presented;

(c) is provided during paid work time; and

(d) is conducted upon commencement of the facility’s safe patient handling program and at least annually thereafter, with appropriate interim training for individuals beginning work between annual training sessions; and

(8) educational materials for patients and their families to help orient them to the facility’s safe patient handling program.

c. A facility shall conduct an annual evaluation of the program, and make revisions to the program based on data analysis.

d. A facility shall conduct the initial training as required in this section within 36 months of the effective date of this act.

e. Nothing in this act shall be construed to limit the right of a patient to refuse the use of assisted patient handling.

L.2007, c.225, s.4.