§ 42-66-4.1 - Definitions.
SECTION 42-66-4.1
§ 42-66-4.1 Definitions. – As used in this chapter:
(1) "Abuse" means physical abuse, sexual abuse, and/oremotional abuse of an elderly person by a caregiver as defined in subsection(5).
(a) "Physical Abuse" means the willful infliction of physicalpain or injury (e.g. slapping, bruising or restraining) upon an elderly person.
(b) "Sexual Abuse" means the infliction of non-consensualsexual contact of any kind upon an elderly person. Sexual abuse includes, butis not limited to, sexual assault, rape, sexual misuse or exploitation of anelder, as well as threats of sexual abuse where the perpetrator has the intentand the capacity to carry out the threatened abuse.
(c) "Emotional Abuse" means a pattern of willful inflictionof mental or emotional harm upon an elder by threat, intimidation, isolation orother abusive conduct.
(2) "Exploitation" means the fraudulent or otherwise illegal,unauthorized or improper act or process of an individual, including, but notlimited to, a caregiver or fiduciary, that uses the resources of an elder formonetary or personal benefit, profit, gain, or that results in depriving anelder of rightful access to, or use of, benefits, resources, belongings, orassets by use of undue influence, harassment, duress, deception, falserepresentation or false pretenses.
(3) "Neglect" means the willful failure by a caregiver orother person with a duty of care to provide goods or services necessary toavoid physical harm, mental harm or mental illness to an elderly person,including, but not limited to, "abandonment" (withdrawal of necessaryassistance) and denial of food or health related services.
(4) "Willful" means intentional, conscious and directedtoward achieving a purpose.
(5) "Caregiver" means a person who has assumed theresponsibility for the care of the elderly person voluntarily, by contract orby order of a court of competent jurisdiction, or who is otherwise legallyresponsible for the care of the elderly person.
(6) "Self-Neglect" means a pattern of behavior in an elderlyperson that directly, imminently and significantly threatens his/her own healthand/or, safety. Self-neglect includes, but is not limited to, an inability oran incapacity to provide self with food, water, shelter, or safety to the pointof establishing imminent risk of any of the harm(s) described in theimmediately preceding sentence.
(7) "Protective services" means services and/or actionintended to prevent and/or alleviate the abuse, neglect, exploitation orself-neglect of elderly persons. Protective services may include supervision,counseling, and assistance in securing health and supportive services, safeliving accommodations and legal intervention.
(8) "Elderly person" or "elder" means any person sixty (60)years of age or older.