Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Abuse
-any act which would endanger the
					 well-being of a class member through the action of any individual, whether or
					 not the class member is or appears to be injured or harmed. Abuse is
					 categorized as follows:
1.
Physical Abuse
-physical contact
					 including, but not limited to, hitting, slapping, pinching, kicking, hurling,
					 strangling, shoving or otherwise mishandling of a class member. Physical
					 contact that endangers the safety of the class member as well as handling of a
					 class member with more force than is reasonably necessary also constitutes
					 physical abuse.
2.
Sexual Abuse
-any sexual activity between
					 the class member and educators, day care providers, employees, consultants,
					 contractors and class members. Additionally, sexual abuse is any sexual
					 activity between class members and others, or among class members unless the
					 class member(s) involved is a consenting adult. Sexual abuse includes any
					 touching or fondling of a class member directly or through clothing for the
					 arousal or gratification of sexual desires of the perpetrator. It also includes
					 encouraging a class member to touch or engage in any sexual activity with
					 another person for the purpose of arousing or gratifying sexual desires.
3.
Psychological (Emotional) Abuse
-the use
					 of verbal or non-verbal expressions in a tone of voice or in such a manner that
					 subjects a class member to ridicule, humiliation, scorn or contempt.
4.
Seclusion
-the placement of a class
					 member alone in a secured room from which he or she cannot leave at will.
					 Seclusion is considered to be a form of abuse and is prohibited. Time out is
					 not to be confused with seclusion. Time out, when used in accordance with the
					 procedures set forth in Appendix A to this policy, is permissible.
Corrective Action Plan
-a specific plan of
					 action to minimize the harmful impact or rectify incidents and to eliminate and
					 control the potential for abuse/neglect. The plan outlines specific action to
					 be taken by specific parties with target dates for completion.
Facility
-any place, however named, that
					 provides:
1. any form of residential services; or
2. any form of day program services to class
					 members.
Facility Administrator
-the individual
					 with ultimate responsibility for the daily operations of a facility.
Incident
-the occurrence or suspected
					 occurrence of any of the following:
abuse
,
neglect
, or
unusual occurrence.
Multiple Incidents
-the occurrence of
					 three or more incidents to a class member in any six-month period shall
					 constitute a multiple incident.
Neglect
-a negligent act or omission by
					 any individual responsible for providing services or supervision to a class
					 member which caused or may have caused injury to the class member or which
					 placed the class member at risk or injury, and includes an act or omission such
					 as the failure to provide adequate nutrition, supervision, clothing, or health
					 care, or the failure to provide a safe environment for the class member.
Responsible Individual
-the individual
					 such as a foster parent, substitute family parent or staff person ultimately
					 responsible for a supervised apartment, who is responsible for the care and
					 program of a class member who is residing in a small facility.
Small Facility
-any facility which has no
					 employees and/or any facility which serves three or fewer class members,
					 including, but not limited to, foster care, substitute family care and
					 supervised apartment (but not including community class members).
State Investigation Report
-any
					 investigation report prepared by a State agency.
Unusual Occurrences
-
1.
Elopement
-any absence of a class member
					 from a program or placement which constitutes a danger to the wellbeing of that
					 class member.
2.
Restraint
-any device which prevents the
					 free movement of either/or both arms or legs, totally immobilizes a class
					 member, or any medication ordered by a physician which renders the class member
					 unable to participate in therapeutic, programmatic, or leisure
					 activities.
3.
Medication Error
-the administration of
					 medication in an incorrect form, not as prescribed or ordered, to the wrong
					 class member, the failure to administer a prescribed medication, or the failure
					 to correctly record (i.e. chart) a prescribed medication where such failure
					 produces one of the aforementioned.
4.
Criminal Acts
-alleged actions by a class
					 member such as homicide, attempted homicide, rape, public lewdness, robbery,
					 theft, or any violations of the law.
5.
Accidents
-any injury to a class member
					 which was caused accidentally or unintentionally.
6.
Fights Involving Class Members
-any use
					 of physical force between or including one or more class members, whether or
					 not injury occurs, in which staff were not involved except for purposes of
					 stopping the fight.
7.
Injuries Whose Cause Cannot be
					 Determined
-any suspected or confirmed wound or harm to a class member
					 whose cause cannot be determined, which results in a class member requiring
					 medical attention by a physician, dentist, nurse, or any health care
					 provider.
8.
Sensitive Situations
-delicate
					 situations, not included in the aforementioned, which may have the potential to
					 affect adversely the care, safety and/or well-being of a class
					 member.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W., et al., vs. State of Louisiana, Civil
					 Action 74-2412.