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Full Text of SB3310
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SB3310 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3310
Introduced 2/3/2026, by Sen. Patrick J. Joyce
SYNOPSIS AS INTRODUCED:
210 ILCS 45/3-206.05
Amends the Nursing Home Care Act. In provisions concerning a
facility's safe resident handling policy, provides that "safe lifting
equipment and accessories" includes emerging technologies approved by the
Department of Public Health by rule.
LRB104 19573 BAB 33021 b
A BILL FOR
SB3310
LRB104 19573 BAB 33021 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Nursing Home Care Act is amended by
5
changing Section 3-206.05 as follows:
6
(210 ILCS 45/3-206.05)
7
Sec. 3-206.05.
Safe resident handling policy.
8
(a) In this Section:
9
"Health care worker" means an individual providing direct
10
resident care services who may be required to lift, transfer,
11
reposition, or move a resident.
12
"Nurse" means an advanced practice registered nurse, a
13
registered nurse, or a licensed practical nurse licensed under
14
the Nurse Practice Act.
15
"Safe lifting equipment and accessories" means mechanical
16
equipment designed to lift, move, reposition, and transfer
17
residents, including, but not limited to, fixed and portable
18
ceiling lifts, sit-to-stand lifts, slide sheets and boards,
19
slings, and repositioning and turning sheets.
"Safe lifting
20
equipment and accessories" includes emerging technologies
21
approved by the Department by rule.
22
"Safe lifting team" means at least 2 individuals who are
23
trained and proficient in the use of both safe lifting
SB3310
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LRB104 19573 BAB 33021 b
1
techniques and safe lifting equipment and accessories.
2
"Adjustable equipment" means products and devices that may
3
be adapted for use by individuals with physical and other
4
disabilities in order to optimize accessibility. Adjustable
5
equipment includes, but is not limited to, the following:
6
(1) Wheelchairs with adjustable footrest height and
7
seat width and depth.
8
(2) Height-adjustable, drop-arm commode chairs and
9
height-adjustable shower gurneys or shower benches to
10
enable individuals with mobility disabilities to use a
11
toilet and to shower safely and with increased comfort.
12
(3) Accessible weight scales that accommodate
13
wheelchair users.
14
(4) Height-adjustable beds that can be lowered to
15
accommodate individuals with mobility disabilities in
16
getting in and out of bed and that utilize drop-down side
17
railings for stability and positioning support.
18
(5) Universally designed or adaptable call buttons and
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motorized bed position and height controls that can be
20
operated by persons with limited or no reach range, fine
21
motor ability, or vision.
22
(6) Height-adjustable platform tables for physical
23
therapy with drop-down side railings for stability and
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positioning support.
25
(7) Therapeutic rehabilitation and exercise machines
26
with foot straps to secure the user's feet to the pedals
SB3310
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LRB104 19573 BAB 33021 b
1
and with cuffs or splints to augment the user's grip
2
strength on handles.
3
(b) A facility must adopt and ensure implementation of a
4
policy to identify, assess, and develop strategies to control
5
risk of injury to residents and nurses and other health care
6
workers associated with the lifting, transferring,
7
repositioning, or movement of a resident. The policy shall
8
establish a process that, at a minimum, includes all of the
9
following:
10
(1) Analysis of the risk of injury to residents and
11
nurses and other health care workers taking into account
12
the resident handling needs of the resident populations
13
served by the facility and the physical environment in
14
which the resident handling and movement occurs.
15
(2) Education and training of nurses and other direct
16
resident care providers in the identification, assessment,
17
and control of risks of injury to residents and nurses and
18
other health care workers during resident handling and on
19
safe lifting policies and techniques and current lifting
20
equipment.
21
(3) Evaluation of alternative ways to reduce risks
22
associated with resident handling, including evaluation of
23
equipment and the environment.
24
(4) Restriction, to the extent feasible with existing
25
equipment and aids, of manual resident handling or
26
movement of all or most of a resident's weight except for
SB3310
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LRB104 19573 BAB 33021 b
1
emergency, life-threatening, or otherwise exceptional
2
circumstances.
3
(5) Procedures for a nurse to refuse to perform or be
4
involved in resident handling or movement that the nurse
5
in good faith believes will expose a resident or nurse or
6
other health care worker to an unacceptable risk of
7
injury.
8
(6) Development of strategies to control risk of
9
injury to residents and nurses and other health care
10
workers associated with the lifting, transferring,
11
repositioning, or movement of a resident.
12
(7) In developing architectural plans for construction
13
or remodeling of a facility or unit of a facility in which
14
resident handling and movement occurs, consideration of
15
the feasibility of incorporating resident handling
16
equipment or the physical space and construction design
17
needed to incorporate that equipment.
18
(8) Fostering and maintaining resident safety,
19
dignity, self-determination, and choice, including the
20
following policies, strategies, and procedures:
21
(A) The existence and availability of a trained
22
safe lifting team.
23
(B) A policy of advising residents of a range of
24
transfer and lift options, including adjustable
25
diagnostic and treatment equipment, mechanical lifts,
26
and provision of a trained safe lifting team.
SB3310
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LRB104 19573 BAB 33021 b
1
(C) The right of a competent resident, or the
2
guardian of a resident adjudicated incompetent, to
3
choose among the range of transfer and lift options
4
consistent with the procedures set forth under
5
subdivision (b)(5) and the policies set forth under
6
this paragraph (8), subject to the provisions of
7
subparagraph (E) of this paragraph (8).
8
(D) Procedures for documenting, upon admission and
9
as status changes, a mobility assessment and plan for
10
lifting, transferring, repositioning, or movement of a
11
resident, including the choice of the resident or the
12
resident's guardian among the range of transfer and
13
lift options.
14
(E) Incorporation of such safe lifting procedures,
15
techniques, and equipment as are consistent with
16
applicable federal law.
17
(c) Safe lifting teams must receive specialized, in-depth
18
training that includes, but need not be limited to, the
19
following:
20
(1) Types and operation of equipment.
21
(2) Safe manual lifting and moving techniques.
22
(3) Ergonomic principles in the assessment of risk
23
both to nurses and other workers and to residents.
24
(4) The selection, safe use, location, and condition
25
of appropriate pieces of equipment individualized to each
26
resident's medical and physical conditions and
SB3310
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LRB104 19573 BAB 33021 b
1
preferences.
2
(5) Procedures for advising residents of the full
3
range of transfer and lift options and for documenting
4
individualized lifting plans that include resident choice.
5
Specialized, in-depth training may rely on federal
6
standards and guidelines such as the United States Department
7
of Labor Guidelines for Nursing Homes, supplemented by federal
8
requirements for barrier removal, independent access, and
9
means of accommodation optimizing independent movement and
10
transfer.
11
(Source: P.A. 100-513, eff. 1-1-18
.)
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