§ 36-569 — Prohibitions; violations; classification

A. Improper, abusive treatment or neglect of a person with a developmental disability is prohibited. For the purposes of this section:

1. "Abusive treatment" means:

(a) Physical abuse by inflicting pain or injury to a client. This includes hitting, kicking, pinching, slapping, pulling hair or any sexual abuses.

(b) Emotional abuse which includes ridiculing or demeaning a client, making derogatory remarks to a client or cursing directed toward a client.

(c) Programmatic abuse which is the use of an aversive stimuli technique that has not been approved as a part of such person's individual program plan and which is not contained in the rules and regulations adopted pursuant to subsection B of section 36-561. This includes isolation or restraint of a client.

2. "Neglect" means:

(a) Intentional lack of attention to physical needs of clients such as toileting, bathing, meals and safety.

(b) Intentional failure to report client health problems or changes in health condition to immediate supervisor or nurse.

(c) Sleeping on duty or abandoning work station.

(d) Intentional failure to carry out a prescribed treatment plan for a client.

B. A person who violates any provision of this section is guilty of a class 2 misdemeanor.