Mich. Admin. Code R. 330.7001 - Definitions
Rule 7001. As used in this part:
(a) "Abuse class I" means a nonaccidental act
or provocation of another to act by an employee, volunteer, or agent of a
provider that caused or contributed to the death, or sexual abuse of, or
serious physical harm to a recipient.
(b) "Abuse class II" means any of the
following:
(i) A non accidental act or
provocation of another to act by an employee, volunteer, or agent of a provider
that caused or contributed to nonserious physical harm to a
recipient.
(ii) The use of
unreasonable force on a recipient by an employee, volunteer, or agent of a
provider with or without apparent harm.
(iii) Any action or provocation of another to
act by an employee, volunteer, or agent of a provider that causes or
contributes to emotional harm to a recipient.
(iv) An action taken on behalf of a recipient
by a provider who assumes the recipient is incompetent, despite the fact that a
guardian has not been appointed, that results in substantial economic,
material, or emotional harm to the recipient.
(v) Exploitation of a recipient by an
employee, volunteer, or agent of a provider.
(c) "Abuse class III" means the use of
language or other means of communication by an employee, volunteer, or agent of
a provider to degrade, threaten, or sexually harass a recipient.
(d) "Act" means mental health code, 1974 PA
258, MCL 330.1001 et seq.
(e)
"Anatomical support" means body positioning or a physical support ordered by a
physical or occupational therapist for the purpose of maintaining or improving
a recipient's physical functioning.
(f) "Bodily function" means the usual action
of any region or organ of the body.
(g) "Emotional harm" means impaired
psychological functioning, growth, or development of a significant nature as
evidenced by observable physical symptomatology or as determined by a mental
health professional.
(h)
"Exploitation" means an action by an employee, volunteer, or agent of a
provider that involves the misappropriation or misuse of a recipient's property
or funds for the benefit of an individual or individuals other than the
recipient.
(i) "Neglect class I"
means either of the following:
(i) Acts of
commission or omission by an employee, volunteer, or agent of a provider that
result from noncompliance with a standard of care or treatment required by law
and/or rules, policies, guidelines, written directives, procedures, or
individual plan of service and causes or contributes to the death, or sexual
abuse of, or serious physical harm to a recipient.
(ii) The failure to report apparent or
suspected abuse Class I or neglect Class I of a recipient.
(j) "Neglect class II" means either of the
following:
(i) Acts of commission or omission
by an employee, volunteer, or agent of a provider that result from
noncompliance with a standard of care or treatment required by law, rules,
policies, guidelines, written directives, procedures, or individual plan of
service and that cause or contribute to non serious physical harm or emotional
harm to a recipient.
(ii) The
failure to report apparent or suspected abuse Class II or neglect Class II of a
recipient.
(k) "Neglect
class III" means either of the following:
(i)
Acts of commission or omission by an employee, volunteer, or agent of a
provider that result from noncompliance with a standard of care or treatment
required by law and/or rules, policies, guidelines, written directives,
procedures, or individual plan of service that either placed or could have
placed a recipient at risk of physical harm or sexual abuse.
(ii) The failure to report apparent or
suspected abuse Class III or neglect Class III of a recipient.
(l) "Nonserious physical harm"
means physical damage or what could reasonably be construed as pain suffered by
a recipient that a physician or registered nurse determines could not have
caused, or contributed to, the death of a recipient, the permanent
disfigurement of a recipient, or an impairment of his or her bodily
functions.
(m) "Physical
management" means a technique used by staff as an emergency intervention to
restrict the movement of a recipient by direct physical contact to prevent the
recipient from harming himself, herself, or others.
(n) "Protective device" means a device or
physical barrier to prevent the recipient from causing serious self-injury
associated with documented and frequent incidents of the behavior. A protective
device as defined in this subdivision and incorporated in the written
individual plan of service shall not be considered a restraint as defined in
subdivision (q) of this subrule.
(o) "Provider" means the department, each
community mental health services program, each licensed hospital, each
psychiatric unit, and each psychiatric partial hospitalization program licensed
under section 137 of the act, their employees, volunteers, and contractual
agents.
(p) "Psychotropic drug"
means any medication administered for the treatment or amelioration of
disorders of thought, mood, or behavior.
(q) "Restraint" means the use of a physical
device to restrict an individual's movement. Restraint does not include the use
of a device primarily intended to provide anatomical support.
(r) "Serious physical harm" means physical
damage suffered by a recipient that a physician or registered nurse determines
caused or could have caused the death of a recipient, caused the impairment of
his or her bodily functions, or caused the permanent disfigurement of a
recipient.
(s) "Sexual abuse" means
any of the following:
(i) Criminal sexual
conduct as defined by section 520b to 520e of 1931 PA 318, MCL 750.520b to MCL
750.520e involving an employee, volunteer, or agent of a provider and a
recipient.
(ii) Any sexual contact
or sexual penetration involving an employee, volunteer, or agent of a
department operated hospital or center, a facility licensed by the department
under section 137 of the act or an adult foster care facility and a
recipient.
(iii) Any sexual contact
or sexual penetration involving an employee, volunteer, or agent of a provider
and a recipient for whom the employee, volunteer, or agent provides direct
services.
(t) "Sexual
contact" means the intentional touching of the recipient's or employee's
intimate parts or the touching of the clothing covering the immediate area of
the recipient's or employee's intimate parts, if that intentional touching can
reasonably be construed as being for the purpose of sexual arousal or
gratification, done for a sexual purpose, or in a sexual manner for any of the
following:
(i) Revenge.
(ii) To inflict humiliation.
(iii) Out of anger.
(u) "Sexual harassment" means sexual advances
to a recipient, requests for sexual favors from a recipient, or other conduct
or communication of a sexual nature toward a recipient.
(v) "Sexual penetration" means sexual
intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion,
however slight, of any part of a person's body or of any object into the
genital or anal openings of another person's body, but emission of semen is not
required.
(w) "Therapeutic
de-escalation" means an intervention, the implementation of which is
incorporated in the individualized written plan of service, wherein the
recipient is placed in an area or room, accompanied by staff who shall
therapeutically engage the recipient in behavioral de-escalation techniques and
debriefing as to the cause and future prevention of the target
behavior.
(x) "Time out" means a
voluntary response to the therapeutic suggestion to a recipient to remove
himself or herself from a stressful situation in order to prevent a potentially
hazardous outcome.
(y) "Treatment
by spiritual means" means a spiritual discipline or school of thought that a
recipient wishes to rely on to aid physical or mental recovery.
(z) "Unreasonable force" means physical
management or force that is applied by an employee, volunteer, or agent of a
provider to a recipient in one or more of the following circumstances:
(i) There is no imminent risk of serious or
non-serious physical harm to the recipient, staff or others.
(ii) The physical management used is not in
compliance with techniques approved by the provider and the responsible mental
health agency.
(iii) The physical
management used is not in compliance with the emergency interventions
authorized in the recipient's individual plan of service.
(iv) The physical management or force is used
when other less restrictive measures were possible but not attempted
immediately before the use of physical management or force.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.