May 17, 2005, Introduced by Reps. Vander Veen, Vagnozzi, Van Regenmorter, Clack, Stahl, Taub, Proos, Hildenbrand, Green, Zelenko and Shaffer and referred to the Committee on Senior Health, Security, and Retirement.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 21794.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21794. (1) A nursing home may use a dining assistant to
feed residents who, based on the charge nurse's assessment of the
resident and the resident's most recent plan of care, need
assistance or encouragement with eating and drinking, but do not
have complicated feeding problems, including, but not limited to,
difficulty swallowing, recurrent lung aspirations, and tube or
parenteral feedings. A dining assistant shall work under the
supervision of a registered professional nurse or a licensed
practical nurse. A dining assistant whose sole purpose is to
provide feeding assistance to residents is not nursing personnel
and shall not be included in computing the ratio of patients to
nursing care personnel.
(2) A dining assistant shall successfully complete a state
approved training course for dining assistants that satisfies the
minimum training course requirements under 42 CFR 483.160 and
includes, at a minimum, 8 hours of training in all of the
following:
(a) Feeding techniques.
(b) Assistance with feeding and hydration.
(c) Communication and interpersonal skills.
(d) Appropriate responses to resident behavior.
(e) Safety and emergency procedures, including, but not
limited to, the Heimlich maneuver.
(f) Infection control.
(g) Resident rights.
(h) Recognizing changes in residents that are inconsistent
with their normal behavior and the importance of reporting those
changes to the supervisory nurse.
(3) A nursing home that utilizes dining assistants shall
maintain a written record of each individual used as a dining
assistant. The written record shall include, at a minimum, the
complete name and address of the individual and the date the
individual successfully completed the dining assistant training
program along with a copy of the written record of the satisfactory
completion of the training program.
(4) As used in this section:
(a) "Dining assistant" means an individual who meets the
requirements of this section and who is only paid to feed nursing
home residents by the nursing home or who is used under an
arrangement with another agency or organization.
(b) "Registered professional nurse" or "licensed practical
nurse" means an individual licensed under article 15 to engage in
the practice of nursing.
(c) "Supervision" means a registered professional nurse or
licensed practical nurse who oversees the work of a dining
assistant and complies with each of the following:
(i) Designates a resident upon whom feeding assistance is to
be provided.
(ii) Is physically present in the nursing home at the time
assistance is being provided.