§ 23-17.8-1. Definitions.
(a)(1) "Abuse� means:
(i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, kicking, pinching, slapping, or the pulling
of hair; provided, however, unless it is required as an element of the offense charged,
it shall not be necessary to prove that the patient or resident 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 that harms or is likely to physically harm the patient or resident except
where the conduct is a part of the care and treatment, and in furtherance of the health
and safety of the patient or resident; or
(v) Intentionally engaging in a pattern of harassing conduct that causes or is likely
to cause emotional or psychological harm to the patient or resident, including but
not limited to: ridiculing or demeaning a patient or resident; making derogatory remarks
to a patient or resident or cursing directed towards a patient or resident; or threatening
to inflict physical or emotional harm on a patient or resident.
(2) Nothing in this section shall be construed to prohibit the prosecution of any violator
of this section under any other chapter.
(b) "Department� means the department of health when the incident occurs in a healthcare
facility, and the department of behavioral healthcare, developmental disabilities
and hospitals when the incident occurs in a community residence for persons with intellectual
or developmental disabilities.
(c) "Facility� means any healthcare facility or community residence for persons with intellectual
or developmental disabilities as those terms are defined in this section. "Healthcare
facility� means any hospital or facility that provides long-term health care required
to be licensed under chapter 17 of this title, and any assisted living residence required
to be licensed under chapter 17.4 of this title, and any community residence whether
privately or publicly owned. "Community residence� for persons with intellectual or
developmental disabilities means any residential program licensed by the department
of behavioral healthcare, developmental disabilities and hospitals that meets the
definition of a community residence as defined in § 40.1-24-1 and provides services to persons with intellectual or developmental disabilities.
(d) "High managerial agent� means an officer of a facility, the administrator and assistant
administrator of the facility, the director and assistant director of nursing services,
or any other agent in a position of comparable authority with respect to the formulation
of the policies of the facility or the supervision in a managerial capacity of subordinate
employees.
(e) "Immediate jeopardy� means a situation in which the nursing facility's alleged noncompliance
with one or more state or federal requirements or conditions has caused, or is likely
to cause serious injury, harm, impairment, or death to a resident; or shall be defined
in accordance with 42 C.F.R Part 489 or any subsequent applicable federal regulations.
(f) "Mistreatment� means the inappropriate use of medications, 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 that inhibit effective care or treatment, or that harms or are likely
to harm the patient or resident.
(g) "Neglect� means the intentional failure to provide treatment, care, goods, and services
necessary to maintain the health and safety of the patient or resident; or the intentional
failure to carry out a plan of treatment or care prescribed by the physician of the
patient or resident; or the intentional failure to report patient or resident health
problems or changes in health problems or changes in health conditions to an immediate
supervisor or nurse; or the intentional lack of attention to the physical needs of
a patient or resident including, but not limited to toileting, bathing, meals, and
safety. No person shall be considered to be neglected for the sole reason that the
person relies on or is being furnished treatment in accordance with the tenets and
teachings of a well-recognized church or denomination by a duly-accredited practitioner
of a well-recognized church or denomination.
(h) "Non-immediate jeopardy — high potential for harmâ€� means a situation in which a nursing
facility's alleged noncompliance with one or more state or federal requirements or
conditions may have caused harm that negatively impacts the individual's mental, physical,
and/or psychosocial status; or shall be defined in accordance with 42 C.F.R Part 489 or any subsequent applicable federal regulations.
(i) "Non-immediate jeopardy — low potential for harmâ€� means a situation in which a nursing
facility's alleged noncompliance with one or more state or federal requirements or
conditions may have caused mental, physical, and/or psychosocial discomfort that does
not constitute injury or damage; or shall be defined in accordance with 42 C.F.R Part 489 or any subsequent applicable federal regulations.
(j) "Non-immediate jeopardy — medium potential for harmâ€� means a situation in which a
nursing facility's alleged noncompliance with one or more state or federal requirements
or conditions has caused or may have caused harm that is of limited consequence and
does not significantly impair the individual's mental, physical, and/or psychosocial
status to function; or shall be defined in accordance with 42 C.F.R Part 489 or any subsequent applicable federal regulations.
(k) "Patient� means any person who is admitted to a facility for treatment or care, while
"resident� means any person who maintains their residence or domicile, on either a
temporary or permanent basis, in a facility.
(l) "Person� means any natural person, corporation, partnership, unincorporated association,
or other business entity.