§ 42-66-4.1. Definitions.
As used in this chapter:
(1) "Abuse� means physical abuse, sexual abuse, and/or emotional abuse of an elderly person
by a caregiver as defined in subsection (2).
(i) "Emotional abuse� means a pattern of willful infliction of mental or emotional harm
upon an elderly person by threat, intimidation, isolation, or other abusive conduct.
(ii) "Physical abuse� means the willful infliction of physical pain or injury (e.g., slapping,
bruising, or restraining) upon an elderly person.
(iii) "Sexual abuse� means the infliction of non-consensual sexual contact of any kind upon
an elderly person. Sexual abuse includes, but is not limited to, sexual assault, rape,
sexual misuse or exploitation of an elderly person, as well as threats of sexual abuse
where the perpetrator has the intent and the capacity to carry out the threatened
abuse.
(2) "Caregiver� means a person who has assumed the responsibility for the care of the
elderly person voluntarily, by contract, or by order of a court of competent jurisdiction,
or who is otherwise legally responsible for the care of the elderly person.
(3) "Elderly person� or "elder� means any person sixty (60) years of age or older.
(4) "Exploitation� means the fraudulent or otherwise illegal, unauthorized, or improper
act or process of an individual, including, but not limited to, a caregiver or fiduciary,
who uses the resources of an elderly person for monetary or personal benefit, profit,
gain, or that results in depriving an elderly person of rightful access to, or use
of, benefits, resources, belongings, or assets by use of undue influence, harassment,
duress, deception, false representation, or false pretenses.
(5) "Neglect� means the willful failure by a caregiver or other person with a duty of
care to provide goods or services necessary to avoid physical harm, mental harm, or
mental illness to an elderly person, including, but not limited to, "abandonment�
(withdrawal of necessary assistance) and denial of food or health-related services.
(6) "Protective services� means services and/or action intended to prevent and/or alleviate
the abuse, neglect, exploitation, or self-neglect of elderly persons. Protective services
may include supervision, counseling, and assistance in securing health and supportive
services, safe living accommodations, and legal intervention.
(7) "Self-neglect� means a pattern of behavior in an elderly person that directly, imminently,
and significantly threatens his/her own health and/or safety. Self-neglect includes,
but is not limited to, an inability or an incapacity to provide self with food, water,
shelter, or safety to the point of establishing imminent risk of any of the harm(s)
described in the immediately preceding sentence.
(8) "Willful� means intentional, conscious, and directed toward achieving a purpose.