A number of issues were discussed during the Minnesota Department of Health (MDH) nursing facility conference call held on Tuesday, January 18th, a few which became a bit controversial. During the call, a facility administrator asked Jim Loveland of MDH a question about suggested policies and procedures regarding microwaves brought in by residents for personal use. Part of Mr. Loveland’s response was that any microwave brought in to a facility for personal use by a resident must be brought in “new,” not “used."

Doug Beardsley from Care Providers of Minnesota questioned the reasoning and regulatory support for a requirement for any resident-owned equipment to be “new.” Mr. Loveland stated that it was a long-standing MDH policy to require resident-owned electric blankets and humidifiers to be new. It appeared that MDH staff were now interested in applying the long-standing “policy” to other resident-owned equipment.

After the call, Doug Beardsley sent Mr. Loveland an email requesting additional clarification and support on the MDH position, along with a long list of appliances that could be affected by the MDH position (click here to view the email along with the list of appliances questioned).

Staff at the MDH Licensing and Certification Section discussed the issue internally and re-examined the MDH stance. Apparently the “new versus used” resident appliance issue dates back to 1992 with respect to electric blankets and humidifiers, with an MDH opinion that both electric blankets and room humidifiers were required to be UL listed and new. Potential fire and electrical hazards with electric blankets and spread of water and air borne disease with humidifiers were the reasons for the MDH position with these two items.

Based on recent MDH discussions, MDH has re-examined their historical position on this issue. On January 21, 2011 MDH provided Care Providers of Minnesota with a new opinion, summarized below:

MDH feels that every resident-owned item/appliance listed below* would be subject to the following:

1. The item may be either new or used.

2. UL or ETL listing is recommended for all of these items. Obviously, with a used item, the owner may not have retained either the product literature or the listing tag. Whether or not the facility wants to implement this as a requirement is at their discretion.

3. For all items, the facility staff is responsible for making the decision whether or not the item can be brought into the facility. MDH feels that all of these items should be deemed in “good condition” in order to be brought into the facility. The staff should be capable of making this determination. “Condition” can mean something different with each item. With some items, “condition” is more critical to the safety of the building and residents than for others. For example, an iPod, iPad, or mp3 player do not require connection to the building’s electrical system. Even though not a problem for the building’s electrical system, a corroded battery compartment may be enough of a reason to reject the item.

With items that require connection to the building’s electrical system, condition is much more important. It is the facility’s responsibility to assure that the item (singular) will not overload the electrical circuit to which it is connected. Depending on what other equipment is connected to that circuit, this can happen with a refrigerator, hairdryer or microwave. In addition, facility staff must assure that the item(s) do not pose a fire or electrical hazard. For example, a frayed cord or defective heating element could result in electrical shock or fire.

It is also the facility’s responsibility to assure that the electrical circuit(s) is not overloaded by connection of a multiple of items. In some older facilities, electrical outlets in the sleeping room are at a premium and it may not be safe to plug a television, radio, CPU, monitor, printer, and refrigerator into the same circuit.

4. All of the items must be used in accordance with the manufacturer’s instructions. With some of the items, this is much more important for the safety of the residents and staff. For example, manufacturer’s of microwaves advise that metal objects must not be placed inside the microwave for heating (such as an aluminum tray). Whether or not that mp3 player is used properly may only result in destruction of the mp3 player.

5. The items must be maintained in operable condition (otherwise they may constitute a hazard).

6. The items must be maintained in a clean condition. This is more important with certain items on the list, such as the steam and cold humidifiers.

Care Providers of Minnesota is very pleased with this new MDH interpretation. It is a good example of how our changing resident-centered care models may impact previous decisions and interpretations. It is also a good example of how good communication between providers, associations, and regulators can help us all achieve outcomes that promote and protect good standards of care.

Facilities should review their current policies, procedures, and resident handbooks to determine how they will choose to incorporate and implement this clarified MDH interpretation.

* Following is the list of potential resident-owned equipment or appliances that Care Providers of Minnesota provided to MDH pertaining to this issue:

• Microwave
• Personal refrigerator
• Electric blanket
• Cold humidifier (ultrasound)
• Steam humidifier
• TV
• VCR
• DVD player
• Radio
• Clock
• Bedside lamp
• Floor lamp
• Laptop
• Printer
• iPod or other mp3 player
• iPad
• wii player or PS3 or similar gaming system
• Talking radio/tape player for the blind
• Electric massage cushion (with or without heat)
• Electric lift chair
• Electric wheelchair
• Electric razor
• Curling or straightening iron
• Heat-set curling set
• Electric toothbrush
• Hairdryer
• Coffee pot
• Wine/beer cooler refrigerator
• Magnifying glass with built-in light source for reading
• Cell phone charger (or charger for digital camera or other rechargeable device)
• Cordless telephone

Doug Beardsley
952.851.2489
dbeardsl@careproviders.org

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