N.Y. Comp. Codes R. & Regs. tit. 10 § 81.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 81.1 - Definitions

For the purposes of this section, the following words shall have the following meanings:

(a) The term abuse shall mean inappropriate physical contact with a patient or resident of a residential health care facility, while such patient or resident is under the supervision of the facility, which harms or is likely to harm the patient or resident. Inappropriate physical contact includes, but is not limited to, striking, pinching, kicking, shoving, bumping and sexual molestation.

(b) The term mistreatment shall mean inappropriate use of medications, inappropriate isolation or inappropriate use of physical or chemical restraints on or of a patient or resident of a residential health care facility, while such patient or resident is under the supervision of the facility.

(c) The term neglect shall mean failure to provide timely, consistent, safe, adequate and appropriate services, treatment, and/or care to a patient or resident of a residential health care facility while such patient or resident is under the supervision of the facility, including but not limited to: nutrition, medication, therapies, sanitary clothing and surroundings, and activities of daily living.

(d) The term reasonable cause shall mean that upon a review of the circumstances, there is sufficient evidence for a prudent person to believe that physical abuse, mistreatment, or neglect has occurred. Circumstances to be reviewed shall include, but not be limited to any of the following: a statement that physical abuse, mistreatment or neglect has occurred, the presence of a physical condition at variance with the history or course of treatment of the patient or resident, and the visual or aural observation of an act or condition of physical abuse, mistreatment or neglect.

(e) The term expunge shall mean:

(1) in the case of a reported incident or circumstance which is not supported by sufficient credible evidence, the obliteration of any information, contained in any document, which identifies any individual or facility; or

(2) in the case where there is not sufficient credible evidence to support an accusation against an individual, the obliteration of any information, contained in any document, which identifies such individual.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 81.1