§ 23-17.8-1 - Definitions.
SECTION 23-17.8-1
§ 23-17.8-1 Definitions. – (a) "Abuse" means:
(i) Any assault as defined in chapter 5 of title 11,including, but not limited to, hitting, kicking, pinching, slapping, or thepulling of hair; provided, however, unless it is required as an element of theoffense charged, it shall not be necessary to prove that the patient orresident was injured by the assault;
(ii) Any assault as defined in chapter 37 of title 11;
(iii) Any offense under chapter 10 of title 11;
(iv) Any conduct which harms or is likely to physically harmthe patient or resident except where the conduct is a part of the care andtreatment, and in furtherance of the health and safety of the patient orresident; or
(v) Intentionally engaging in a pattern of harassing conductwhich causes or is likely to cause emotional or psychological harm to thepatient or resident, including but not limited to, ridiculing or demeaning apatient or resident, making derogatory remarks to a patient or resident orcursing directed towards a patient or resident, or threatening to inflictphysical or emotional harm on a patient or resident.
(2) Nothing in this section shall be construed to prohibitthe prosecution of any violator of this section under any other chapter.
(b) "Department" means the department of health when theincident occurs in a health care facility, and the department of mental health,retardation, and hospitals when the incident occurs in a community residencefor people who are mentally retarded or persons with developmental disabilities.
(c) "Facility" means any health care facility or communityresidence for persons who are mentally retarded, or persons with developmentaldisabilities as those terms are defined in this section. "Health care facility"means any hospital or facility which provides long-term health care required tobe licensed under chapter 17 of this title, and any assisted living residencerequired to be licensed under chapter 17.4 of this title, and any communityresidence whether privately or publicly owned. "Community residence" forpersons who are mentally retarded or persons with developmental disabilitiesmeans any residential program licensed by the department of mental health,retardation, and hospitals which meets the definition of a community residenceas defined in § 40.1-24-1(2) and provides services to people who arementally retarded or persons with developmental disabilities.
(d) "High Managerial Agent" means an officer of a facility,the administrator and assistant administrator of the facility, the director andassistant director of nursing services, or any other agent in a position ofcomparable authority with respect to the formulation of the policies of thefacility or the supervision in a managerial capacity of subordinate employees.
(e) "Mistreatment" means the inappropriate use ofmedications, isolation, or use of physical or chemical restraints:
(1) As punishment;
(2) For staff convenience;
(3) As a substitute for treatment or care;
(4) In conflict with a physician's order; or
(5) In quantities which inhibit effective care or treatment,or which harms or is likely to harm the patient or resident.
(f) "Neglect" means the intentional failure to providetreatment, care, goods, and services necessary to maintain the health andsafety of the patient or resident, or the intentional failure to carry out aplan of treatment or care prescribed by the physician of the patient orresident, or the intentional failure to report patient or resident healthproblems or changes in health problems or changes in health conditions to animmediate supervisor or nurse, or the intentional lack of attention to thephysical needs of a patient or resident including, but not limited totoileting, bathing, meals, and safety. No person shall be considered to beneglected for the sole reason that he or she relies on or is being furnishedtreatment in accordance with the tenets and teachings of a well-recognizedchurch or denomination by a duly-accredited practitioner of a well-recognizedchurch or denomination.
(g) "Patient" means any person who is admitted to a facilityfor treatment or care, while "resident" means any person who maintains theirresidence or domicile, on either a temporary or permanent basis, in a facility.
(h) "Person" means any natural person, corporation,partnership, unincorporated association, or other business entity.
(i) "Immediate jeopardy" means a situation in which thenursing facility's alleged noncompliance with one or more state or federalrequirements or conditions has caused, or is likely to cause serious injury,harm, impairment or death to a resident; or shall be defined in accordance with42 CFR 489 or any subsequent applicable federal regulations.
(j) "Non-immediate jeopardy – high potential for harm"means a situation in which a nursing facility's alleged noncompliance with oneor more state or federal requirements or conditions may have caused harm thatnegatively impacts the individual's mental, physical and/or psychosocialstatus; or shall be defined in accordance with 42 CFR 489 or any subsequentapplicable federal regulations.
(k) "Non-immediate jeopardy – medium potential for harm"means a situation in which a nursing facility's alleged noncompliance with oneor more state or federal requirements or conditions has caused or may havecaused harm that is of limited consequence and does not significantly impairthe individual's mental, physical and/or psychosocial status to function; orshall be defined in accordance with 42 CFR 489 or any subsequent applicablefederal regulations.
(l) "Non-immediate jeopardy – low potential for harm"means a situation in which a nursing facility's alleged noncompliance with oneor more state or federal requirements or conditions may have caused mental,physical and/or psychosocial discomfort that does not constitute injury ordamage; or shall be defined in accordance with 42 CFR 489 or any subsequentapplicable federal regulations.