(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
functions.
an impairment of his or her bodily
(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.
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