§ 40.1-27-1 - Definitions.
SECTION 40.1-27-1
§ 40.1-27-1 Definitions. – (a) "Abuse" means:
(1) Any assault as defined in chapter 5 of title 11;
(2) Any assault as defined in chapter 37 of title 11;
(3) Any offense under chapter 10 of title 11;
(4) Any conduct which harms or is likely to physically harmthe participant except where the conduct is a part of the care and treatment,and in furtherance of the health and safety of the participant; or
(5) Intentionally engaging in a pattern of harassing conduct,which is intended to cause psychological harm to the participant; provided,however, nothing herein shall be construed to prohibit the prosecution of anyviolator of this section under any other section.
(b) "Mistreatment" means the inappropriate use ofmedications, isolation, or use of physical or chemical restraints aspunishment, for staff convenience, as a substitute for treatment or care, inconflict with a physician's order, or in quantities, which inhibit effectivecare or treatment, which harms or is likely to harm the participant.
(c) "Neglect" means the failure to provide treatment, care,goods, and services necessary to maintain the health and safety of theparticipant, or the failure to carry out a plan of treatment or care prescribedby the physician of the participant; provided, however, no person shall beconsidered to be neglected for the sole reason that he or she relies or isbeing furnished treatment in accordance with the tenets and teachings of a wellrecognized church or denomination by a duly accredited practitioner thereof.
(d) "Participant" means any person with developmentaldisabilities who participates in a program.
(e) "Program" means any day treatment program, habilitationprogram, rehabilitation program or other program for persons with developmentaldisabilities licensed by the department of mental health, retardation, andhospitals pursuant to § 40.1-24-1 et seq.