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CALIFORNIA

Governor Schwarzenegger Vetoes Safe Patient Handling for the Fifth Time

On September 28, 2008, for the fifth time in as many years, Governor Arnold Schwarzenegger vetoed legislation for the safe handling of healthcare patients in California.  See within below for Governor Schwarzenegger’s veto message of Senate Bill 1151, Hospitals: lift teams, “Hospital Patient and Health Care Worker Injury Protection Act.”  Every year since 2004, Governor Schwarzenegger has vetoed legislation which would protect hospital patients and nurses and other healthcare workers from needless injuries directly caused by manual lifting and moving.    

SOURCES: Work Injured Nurses' Group (WING) USA; California Legislative Information (http://www.leginfo.ca.gov)

Governor Schwarzenegger’s SPH veto messages 2004 to 2008:

September 22, 2004, AB 2532 (Hancock) vetoed.  AB 2532 would have required general acute care hospitals, except rural ones, to provide lift teams to assist healthcare workers with patient lifting.  Governor Schwarzenegger’s veto message stated, "Because I am concerned about the financial burden hospitals are already under, I cannot support the costly mandate imposed on them by AB 2532."

September 29, 2005, SB 363 (Perata) vetoed.  SB 363 would have required general acute care hospitals, except rural ones, to provide lift teams to assist healthcare workers with patient lifting.  Governor Schwarzenegger’s veto message stated that the bill, "imposes a one-size-fits-all mandate on hospitals to establish a zero lift policy requiring teams and the use of equipment to lift patients.”  And, “If hospitals do not initiate these measures on their own, I will consider legislation next year that imposes the mandate."

September 29, 2006, SB 1204 (Perata) vetoed.  SB 1204 would have required general acute care hospitals to establish a health care worker back injury prevention plan.  Governor Schwarzenegger’s veto message stated, "Since my veto message of last year, hospitals of all sizes from throughout the state have reported on progress made in implementing lift policies.  I applaud their efforts and encourage the continued development of these policies.  I believe this is proof that allowing hospitals the flexibility to implement lift policies that meet their individual needs is far more effective than imposing a rigid one-size-fits-all mandate on every hospital in California."

October 13, 2007, SB 171 (Perata) vetoed.  SB 171 would have required acute care hospitals to establish a patient protection and health care worker back injury prevention plan.  Governor Schwarzenegger’s veto message stated, "This bill, which imposes a one-size fits all mandate on hospitals to establish a ‘zero lift’ patient handling policy, is similar to measures I have vetoed the last three years.  While I continue to support the goal of reducing workplace injuries, I remain convinced that this inflexible mandate is a poor alternative to giving hospitals the flexibility needed to achieve this goal in the manner that most efficiently addresses each hospital's needs and resources."

September 28, 2008, SB 1151 (Perata) vetoed.  SB 115 would have required general acute care hospitals “to use lift teams or lift, repositioning, and transfer devices when there is a risk of injury to a patient or a health care worker, except in emergency situations.”  “A safe patient handling policy does not require the use of patient lift, repositioning, or transfer devices if the individual hospital’s own needs assessment indicates that it is safe for the patient and the employee to utilize techniques not requiring the use of those devices.”