BILL ANALYSIS Ó
AB 1136
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1136 (Swanson)
As Amended August 15, 2011
Majority vote
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|ASSEMBLY: |50-27|(June 2, 2011) |SENATE: |21-18|(September 6, |
| | | | | |2011) |
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Original Committee Reference: L. & E.
SUMMARY : Establishes the Hospital Patient and Health Care
Worker Injury Protection Act (Act) to require hospitals to adopt
a safe patient handling policy.
The Senate amendments do the following:
1)Require employers to adopt a patient protection and health
care worker back and musculoskeletal injury prevention plan as
part of their injury and illness prevention program as a part
of their injury and illness prevention programs required by
Section 3203 of Title 8 of the California Code of Regulations
or any successor law or regulation.
2)Require the plan to include a safe patient handling policy
component reflected in professional occupational safety
guidelines for the protection of patients and health care
workers in health facilities.
3)Specify that general acute care hospitals are not required to
hire new staff to comprise lift teams as long as direct
patient care assignments are not compromised.
4)Define "health care worker" as a lift team member or other
staff responsible for assisting in lifting patients who is a
hospital employee specifically trained to handle patient
lifts, repositioning, and transfers using patient transfer,
repositioning, and lifting devices as appropriate for the
specific patient.
5)Exempt general acute care hospitals within the California
Department of Corrections and Rehabilitation and the State
Department of Developmental Services.
AB 1136
Page 2
AS PASSED BY THE ASSEMBLY , this bill required all general acute
care hospitals to adopt a patient protection and health care
worker back and musculoskeletal injury prevention plan that
included a safe patient handling policy component to protect
patients and health care workers in health care facilities.
FISCAL EFFECT : According to the Senate Appropriations
Committee, increased costs of up to $100,000 special funds
one-time to the Department of Industrial Relations for
regulations. In addition, there may be potentially significant
cost pressures on hospitals that do not have lift teams for
staff training and equipment purchase.
COMMENTS : According to the author, amendments were taken in the
Senate to clarify that this bill would allow hospitals to use
existing staff as lift team members and address fiscal concerns
raised by the state.
Six states - Maryland, Minnesota, New Jersey, Rhode Island,
Texas and Washington - have laws that mandate a form of safe
patient handling or the use of lifting equipment. Texas
requires both hospitals and nursing homes to have polices for
safe patient handling and movement. Washington mandates the use
of lift equipment by hospitals.
Analysis Prepared by : Shannon McKinley / L. & E. / (916)
319-2091
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