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Public Act 096-0389 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Administrative Act is amended by changing Section | ||||
4 as follows: | ||||
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
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Sec. 4. Supervision of facilities and services; quarterly | ||||
reports.
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(a) To exercise executive and administrative supervision | ||||
over
all facilities, divisions, programs and services now | ||||
existing or
hereafter acquired or created under the | ||||
jurisdiction of the Department,
including, but not limited to, | ||||
the following:
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The Alton Mental Health Center, at Alton
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The Clyde L. Choate Mental Health and Developmental | ||||
Center, at Anna
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The Chester Mental Health Center, at Chester
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The Chicago-Read Mental Health Center, at Chicago
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The Elgin Mental Health Center, at Elgin
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The Metropolitan Children and Adolescents Center, at | ||||
Chicago
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The Jacksonville Developmental Center, at Jacksonville
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The Governor Samuel H. Shapiro Developmental Center, | ||
at Kankakee
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The Tinley Park Mental Health Center, at Tinley Park
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The Warren G. Murray Developmental Center, at | ||
Centralia
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The Jack Mabley Developmental Center, at Dixon
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The Lincoln Developmental Center, at Lincoln
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The H. Douglas Singer Mental Health and Developmental | ||
Center, at Rockford
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The John J. Madden Mental Health Center, at Chicago
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The George A. Zeller Mental Health Center, at Peoria
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The Andrew McFarland Mental Health Center, at | ||
Springfield
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The Adolf Meyer Mental Health Center, at Decatur
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The William W. Fox Developmental Center, at Dwight
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The Elisabeth Ludeman Developmental Center, at Park | ||
Forest
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The William A. Howe Developmental Center, at Tinley | ||
Park
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The Ann M. Kiley Developmental Center, at Waukegan.
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(b) Beginning not later than July 1, 1977, the Department | ||
shall cause
each of the facilities under its jurisdiction which | ||
provide in-patient
care to comply with standards, rules and | ||
regulations of the Department
of Public Health prescribed under | ||
Section 6.05 of the Hospital
Licensing Act.
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(b-5) The Department shall cause
each of the facilities |
under its jurisdiction that provide in-patient
care to comply | ||
with Section 6.25 of the Hospital
Licensing Act. | ||
(c) The Department shall issue quarterly reports on | ||
admissions,
deflections, discharges, bed closures, | ||
staff-resident ratios, census,
average length of stay, and any | ||
adverse federal certification or
accreditation findings, if | ||
any, for each State-operated facility for the
mentally ill
and | ||
developmentally disabled.
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(Source: P.A. 93-636, eff. 6-1-04 .)
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Section 10. The University of Illinois Hospital Act is | ||
amended by adding Section 8 as follows: | ||
(110 ILCS 330/8 new) | ||
Sec. 8. Safe patient handling policy. The University of | ||
Illinois Hospital shall cause
each of the facilities under its | ||
jurisdiction that provide in-patient
care to comply with | ||
Section 6.25 of the Hospital
Licensing Act. | ||
Section 15. The Nursing Home Care Act is amended by adding | ||
Section 3-206.05 as follows: | ||
(210 ILCS 45/3-206.05 new) | ||
Sec. 3-206.05. Safe resident handling policy. | ||
(a) In this Section: | ||
"Health care worker" means an individual providing direct |
resident care services who may be required to lift, transfer, | ||
reposition, or move a resident. | ||
"Nurse" means an advanced practice nurse, a registered | ||
nurse, or a licensed practical nurse licensed under the Nurse | ||
Practice Act. | ||
(b) A facility must adopt and ensure implementation of a | ||
policy to identify, assess, and develop strategies to control | ||
risk of injury to residents and nurses and other health care | ||
workers associated with the lifting, transferring, | ||
repositioning, or movement of a resident. The policy shall | ||
establish a process that, at a minimum, includes all of the | ||
following: | ||
(1) Analysis of the risk of injury to residents and | ||
nurses and other health care workers taking into account | ||
the resident handling needs of the resident populations | ||
served by the facility and the physical environment in | ||
which the resident handling and movement occurs. | ||
(2) Education of nurses in the identification, | ||
assessment, and control of risks of injury to residents and | ||
nurses and other health care workers during resident | ||
handling. | ||
(3) Evaluation of alternative ways to reduce risks | ||
associated with resident handling, including evaluation of | ||
equipment and the environment. | ||
(4) Restriction, to the extent feasible with existing | ||
equipment and aids, of manual resident handling or movement |
of all or most of a resident's weight except for emergency, | ||
life-threatening, or otherwise exceptional circumstances. | ||
(5) Procedures for a nurse to refuse to perform or be | ||
involved in resident handling or movement that the nurse in | ||
good faith believes will expose a resident or nurse or | ||
other health care worker to an unacceptable risk of injury. | ||
(6) Development of strategies to control risk of injury | ||
to residents and nurses and other health care workers | ||
associated with the lifting, transferring, repositioning, | ||
or movement of a resident. | ||
(7) In developing architectural plans for construction | ||
or remodeling of a facility or unit of a facility in which | ||
resident handling and movement occurs, consideration of | ||
the feasibility of incorporating resident handling | ||
equipment or the physical space and construction design | ||
needed to incorporate that equipment. | ||
Section 20. The Hospital Licensing Act is amended by adding | ||
Section 6.25 as follows: | ||
(210 ILCS 85/6.25 new) | ||
Sec. 6.25. Safe patient handling policy. | ||
(a) In this Section: | ||
"Health care worker" means an individual providing direct | ||
patient care services who may be required to lift, transfer, | ||
reposition, or move a patient. |
"Nurse" means an advanced practice nurse, a registered | ||
nurse, or a licensed practical nurse licensed under the Nurse | ||
Practice Act. | ||
(b) A hospital must adopt and ensure implementation of a | ||
policy to identify, assess, and develop strategies to control | ||
risk of injury to patients and nurses and other health care | ||
workers associated with the lifting, transferring, | ||
repositioning, or movement of a patient. The policy shall | ||
establish a process that, at a minimum, includes all of the | ||
following: | ||
(1) Analysis of the risk of injury to patients and | ||
nurses and other health care workers posted by the patient | ||
handling needs of the patient populations served by the | ||
hospital and the physical environment in which the patient | ||
handling and movement occurs. | ||
(2) Education of nurses in the identification, | ||
assessment, and control of risks of injury to patients and | ||
nurses and other health care workers during patient | ||
handling. | ||
(3) Evaluation of alternative ways to reduce risks | ||
associated with patient handling, including evaluation of | ||
equipment and the environment. | ||
(4) Restriction, to the extent feasible with existing | ||
equipment and aids, of manual patient handling or movement | ||
of all or most of a patient's weight except for emergency, | ||
life-threatening, or otherwise exceptional circumstances. |
(5) Collaboration with and an annual report to the | ||
nurse staffing committee. | ||
(6) Procedures for a nurse to refuse to perform or be | ||
involved in patient handling or movement that the nurse in | ||
good faith believes will expose a patient or nurse or other | ||
health care worker to an unacceptable risk of injury. | ||
(7) Submission of an annual report to the hospital's | ||
governing body or quality assurance committee on | ||
activities related to the identification, assessment, and | ||
development of strategies to control risk of injury to | ||
patients and nurses and other health care workers | ||
associated with the lifting, transferring, repositioning, | ||
or movement of a patient. | ||
(8) In developing architectural plans for construction | ||
or remodeling of a hospital or unit of a hospital in which | ||
patient handling and movement occurs, consideration of the | ||
feasibility of incorporating patient handling equipment or | ||
the physical space and construction design needed to | ||
incorporate that equipment.
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Section 99. Effective date. This Act takes effect January | ||
1, 2010.
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