216 R.I. Code R. 216-RICR-40-10-1.5

Current through November 7, 2024

Section 216-RICR-40-10-1.5 - General Requirements for Licensure

A. No person or governmental unit acting severally or jointly with any other person or governmental unit shall conduct, maintain or operate a or hold itself out as a nursing facility without a license in accordance with the requirements of R.I. Gen. Laws Chapter 23-17.

B. The provisions of this Part, in addition to the provisions of R.I. Gen. Laws Chapter 23-17, shall apply to all nursing facilities and to all residents housed therein, except that persons caring exclusively for relatives shall be exempted from the provisions of R.I. Gen. Laws Chapter 23-17 and the requirements herein.

C. Facilities meeting the definition of nursing facilities by virtue of the residence therein of persons who are mentally, physically and/or emotionally dependent on others for fulfilling the requirements of daily life but which do not include primary medical and nursing components shall not be subject to this Part but shall be subject to the requirements of R.I. Gen. Laws Chapter 23-17.4 and to Part 2 of this Subchapter, Licensing Assisted Living Residences.

D. Any nursing facility that utilizes latex gloves shall do so in accordance with the provisions of the Rules and Regulations pertaining to Part 20-15-3 of this Title, Use of Latex Gloves by Health Care Workers, in Licensed Health Care Facilities, and by Other Persons, Firms, or Corporations Licensed or Registered by the Department, promulgated by the Department of Health.

E. The nursing facility shall maintain sufficient financial resources to provide adequate staffing and supplies to care for the residents.

1.5.1Safe Resident Handling

A. Each licensed nursing facility shall comply with the following as a condition of licensure:

1. Each licensed nursing facility shall maintain a safe patient handling committee, which shall be chaired by a professional nurse or other appropriate licensed health care professional. A nursing facility may utilize any appropriately configured committee to perform the responsibilities of this section. At least one half (1/2) of the members of the committee shall be hourly, non-managerial employees who provide direct resident care.

2. The nursing facility shall have a written safe patient handling program, with input from the safe patient handling committee, to prevent musculoskeletal disorders among health care workers and injuries to residents. As part of this program, each licensed nursing facility shall:

a. Implement a safe resident handling policy for all shifts and units of the nursing facility that will achieve the maximum reasonable reduction of manual lifting, transferring, and repositioning of all or most of a resident's weight, except in emergency, life-threatening, or otherwise exceptional circumstances;

b. Conduct a resident handling hazard assessment. This assessment should consider such variables as patient-handling tasks, types of nursing units, resident populations, and the physical environment of resident care areas;

c. Develop a process to identify the appropriate use of the safe resident handling policy based on the resident's physical and mental condition, the resident's choice, and the availability of lifting equipment or lift teams. The policy shall include a means to address circumstances under which it would be medically contraindicated to use lifting or transfer aids or assistive devices for particular residents;

d. Designate and train a registered nurse or other appropriate licensed health care professional to serve as an expert resource, and train all clinical staff on safe resident handling policies, equipment, and devices before implementation, and at least annually or as changes are made to the safe patient handling policies, equipment and/or devices being used;

e. Conduct an annual performance evaluation of the safe resident handling with the results of the evaluation reported to the safe resident handling committee or other appropriately designated committee. The evaluation shall determine the extent to which implementation of the program has resulted in a reduction in musculoskeletal disorder claims and days of lost work attributable to musculoskeletal disorder caused by resident handling, and include recommendations to increase the program's effectiveness; and

f. Submit an annual report to the safe resident handling committee of the nursing facility, which shall be made available to the public upon request, on activities related to the identification, assessment, development, and evaluation of strategies to control risk of injury to patients, nurses, and other health care workers associated with the lifting, transferring, repositioning, or movement of a resident.

4. Nothing in §1.5.1 of this Part precludes lift team members from performing other duties as assigned during their shift.

5. An employee may, in accordance with established facility protocols, report to the committee, as soon as possible, after being required to perform a resident handling activity that he or she believes in good faith exposed the resident and/or employee to an unacceptable risk of injury. Such employee reporting shall not be cause for discipline or be subject to other adverse consequences by his or her employer. These reportable incidents shall be included in the facility's annual performance evaluation.

216 R.I. Code R. 216-RICR-40-10-1.5

Amended effective 7/3/2022
Amended effective 8/25/2022
Amended effective 10/2/2023, exp. 1/30/2024(Emergency)
Amended effective 3/7/2024