N.Y. Comp. Codes R. & Regs. Tit. 18 § 487.2 - Definitions
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(a) An
adult home is defined as an adult care facility established
and operated for the purpose of providing long-term residential care, room,
board, housekeeping, personal care and supervision to five or more adults
unrelated to the operator.
(b) A
private proprietary adult home shall mean an adult home which
is operated for compensation and profit.
(c) Persons with serious mental illness means
individuals who meet criteria established by the commissioner of mental health,
which shall be persons who have a designated diagnosis of mental illness under
the Diagnostic and Statistical Manual of Mental Disorders (DSM-5, American
Psychiatric Association, May 2013), published by American Psychiatric
Association Publishing, 800 Maine Avenue SW, Suite 900, Washington, DC 20024),
and whose severity and duration of mental illness results in substantial
functional disability. The DSM-5, referenced herein, is hereby incorporated by
reference, with the same force and effect as if fully set forth herein, and may
be examined at the Regulatory Affairs Unit, New York State Department of
Health, Corning Tower, Empire State Plaza, Albany, NY 12237, or at the New York
State Department of State, 99 Washington Avenue, Albany, NY 12231.
(d) The following additional definitions
shall apply to facilities subject to the Justice Center as defined at paragraph
(11) of this subdivision:
(1)
Abuse shall mean inappropriate physical contact with a
resident of an adult care facility while the resident is under the supervision
of the facility, which harms or is likely to harm the resident. Inappropriate
physical contact includes, but is not limited to, striking, pinching, kicking,
shoving, bumping and sexual molestation. Abuse shall, in
addition, include those actions incorporated within the definition of
inappropriate use of restraints as defined in this Part, and
the definitions physical abuse,
sexual abuse,
psychological abuse,
deliberate inappropriate use of
restraints,
use of aversive conditioning,
obstruction of reports of reportable incidents, and
unlawful use or administration of a controlled substance all
as defined in section
488 of the
Social Services Law. However, for purposes of reporting, psychological abuse
need not be supported by a clinical assessment in order to be reported, so long
as there is reasonable basis to believe that such abuse has occurred.
(2)
Mistreatment shall mean
confinement, isolation, intimidation, abandonment or use of physical restraints
on a resident of an adult care facility while the resident is under the
supervision of staff. Mistreatment shall, in addition, include
those actions incorporated within the definition of neglect
set forth in section
488 of the
Social Services Law.
(3)
Neglect shall mean the failure to provide timely, consistent,
safe, adequate and appropriate services, treatment and/or care to a resident of
an adult care facility while the resident is under the supervision of the
facility, including but not limited to: personal care, nutrition, medication,
therapies, sanitary clothing and surroundings, and activities of daily living.
Neglect shall, in addition, include those actions incorporated
within the definition of neglect set forth in section
488 of the
Social Services Law.
(4)
Misappropriation of property shall mean the theft,
unauthorized use or removal, embezzlement or intentional destruction of the
resident's personal property, including but not limited to money, clothing,
furniture, appliances, jewelry, works of art and such other possessions and
articles belonging to the resident, regardless of monetary value.
(5)
Reasonable cause shall
mean that, upon review of the circumstances, there is sufficient evidence for a
person to believe that physical abuse, mistreatment, neglect or
misappropriation of resident property has occurred.
(6)
Reportable incident
shall include abuse, mistreatment, neglect, misappropriation of property, and
significant incident as defined in this Part.
(7)
Justice Center shall
mean the Justice Center for the Protection of People with Special Needs, as
established pursuant to chapter 501 of the Laws of 2012.
(8)
Significant incident
shall mean an incident, other than an incident of abuse or neglect, that
because of its severity or the sensitivity of the situation may result in, or
has the reasonably foreseeable potential to result in, harm to the health,
safety or welfare of a person receiving services and shall include but shall
not be limited to:
(i) conduct between
persons receiving services, or between such persons and third parties other
than a custodian, that would constitute abuse if committed by a custodian;
or
(ii) conduct on the part of a
custodian, which is inconsistent with a service recipient's individual
treatment plan or individualized educational program, generally accepted
treatment practices and/or applicable Federal or State laws, regulations or
policies and which impairs or creates a reasonably foreseeable potential to
impair the health, safety or welfare of a person receiving services, including
but not limited to:
(a)
unauthorized
seclusion, which shall mean the placement of a person receiving
services in a room or area from which he or she cannot, or perceives that he or
she cannot, leave at will;
(b)
unauthorized use of time-out, which shall mean the use of a
procedure in which a person receiving services is removed from regular
programming and isolated in a room or area for the convenience of a custodian,
or as a substitute for programming but shall not include the use of a time-out
as an emergency intervention to protect the health or safety of the individual
or other persons;
(c) except as
provided for in paragraph (13) of this subdivision, the administration of a
prescribed or over-the-counter medication, which is inconsistent with a
prescription or order issued for a service recipient by a licensed, qualified
health care practitioner, and which has an adverse effect on a service
recipient. For purposes of this paragraph, adverse effect
shall mean the unanticipated and undesirable side effect from the
administration of a particular medication which unfavorably affects the
well-being of a service recipient;
(d)
inappropriate use of
restraints, which shall mean any use of a restraint; or
(iii) any other conduct identified
in regulations of the department, pursuant to guidelines or standards
established by the Justice Center.
(9)
Custodian means a
director, operator, employee or volunteer of a facility or provider agency as
defined in section
488
(4) of the Social Services Law; or a
consultant or an employee or volunteer of a corporation, partnership,
organization or governmental entity which provides goods or services to a
facility or provider agency pursuant to contract or other arrangement that
permits such person to have regular and substantial contact with individuals
who are cared for by the facility or provider agency.
(10)
Department shall mean
the New York State Department of Health.
(11)
Facility subject to the Justice
Center shall mean adult homes having a capacity of 80 or more beds,
and in which at least 25 percent of the residents are persons with serious
mental illness as defined by section
1.03
(52) of the Mental Hygiene Law, but not
including an adult home which is authorized to operate 55 percent or more of
its total licensed capacity of beds as assisted living program beds.
(12)
Psychological abuse
shall mean any verbal or nonverbal conduct that is intended to cause a patient
emotional distress.
(i) Examples include, but
are not limited to, teasing, taunting, name calling, threats, display of a
weapon or other object that could reasonably be perceived by the patient as a
means of infliction of pain or injury, insulting or coarse language or gestures
directed toward a patient which subjects the patient to humiliation or
degradation, violation of patient rights or misuse of authority.
(ii) In order for a case of psychological
abuse to be substantiated after it has been reported to the Justice Center, the
conduct must intentionally or recklessly cause, or be likely to cause, a
substantial diminution of a patient's emotional, social or behavioral
development or condition, supported by a clinical assessment performed by a
physician, psychologist, psychiatric nurse practitioner, licensed clinical or
master social worker or licensed mental health counselor. Psychological abuse
must be reported to the Justice Center, and will be considered to constitute a
reportable incident, whenever there are reasonable grounds to believe it has
occurred, even if it has not yet been supported by a clinical
assessment.
(13)
Unlawful use or administration of a controlled substance shall
mean any administration by a custodian to a service recipient of: a controlled
substance as defined by article 33 of the Public Health Law, without a
prescription; or other medication not approved for any use by the Federal Food
and Drug Administration. It also shall include a custodian unlawfully using or
distributing a controlled substance as defined by article 33 of the Public
Health Law, at the workplace or while on duty, and administration inconsistent
with the requirements of section
487.7 of this Part.
Notes
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