(1)
Definitions.
"Abuse" means the willful infliction of
injury, unreasonable confinement, intimidation, or punishment, with resulting
physical harm, pain or mental anguish. Neglect is a form of abuse and is
defined as the failure to provide goods and services necessary to avoid
physical harm, mental anguish, or mental illness.
"Child abuse" means the same as defined in
Iowa Code section 232.68.
"Dependent adult abuse" means the same as
defined in Iowa Code section
235E.1 and 481-Chapter
52.
"Domestic abuse" means the same as defined
in Iowa Code section 236.2.
"Elder abuse" means the same as defined in
Iowa Code section 235F.1.
"Family or household members" means the same
as defined in Iowa Code section
236.2.
(2)
Abuse prohibited. Each
patient shall receive kind and considerate care at all times and shall be free
from all forms of abuse or harassment.
a.
Restraints shall be applied only when they are necessary to prevent injury to
the patient or to others and shall be used only when alternative measures are
not sufficient to accomplish their purposes.
b. There must be a written order signed by the
attending physician approving the use of restraints either at the time they are
applied or as soon thereafter as possible.
c. Careful consideration shall be given to the methods
by which the restraints can be speedily removed in case of fire or other
emergency.
(3)
Hospital response to elder abuse.
a. Each
hospital shall establish and implement
policies and procedures with respect to victims of elder abuse that, at a
minimum, provide for:
(1) An interview with
the victim in a place that ensures privacy;
(2) Confidentiality of the person's treatment and
information; and
(3) Education of
appropriate emergency department staff to assist in the identification of
victims of elder abuse.
b. The treatment records of victims of elder abuse
shall include:
(1) An assessment of the extent
of abuse to the victim specifically describing the location and extent of the
injury and reported pain;
(2) A
record of the treatment and intervention by health care provider
personnel;
(3) A record of the need
for follow-up care and specification of the follow-up care to be given (e.g.,
X-rays, surgery, consultation, similar care); and
(4) The victim's statement of how the injury
occurred.
(4)
Hospital
response to domestic abuse. Each hospital shall establish and
implement policies and procedures with respect to victims of domestic abuse
that, at a minimum, meet the requirements of paragraph 51.7(3)
"a," and also provide for sharing information regarding the
domestic abuse hotline and programs. The treatment records of victims of
domestic abuse shall meet the requirements of paragraph 51.7(3)
"b" and also include evidence that the victim was informed of
the telephone numbers for the domestic abuse hotline and domestic abuse
programs and the victim's response.
(5)
Mandatory reporting of child abuse and
dependent adult abuse. Each hospital shall establish and implement
policies and procedures with respect to the mandatory reporting of abuse
pursuant to the Iowa Code. The treatment records of victims of child abuse or
dependent adult abuse shall indicate that the department of health and human
services' protective services was contacted.
Notes
Iowa Admin. Code
r. 481-51.7
Amended by
IAB
March 30, 2016/Volume XXXVIII, Number 20, effective
5/4/2016
Adopted by
IAB
February 7, 2024/Volume XLVI, Number 16, effective
1/18/2024
Adopted by
IAB
May 1, 2024/Volume XLVI, Number 22, effective
6/5/2024
