Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 10 - Director, Department of Mental Health › Chapter 5 - General Program Procedures › Section 9 CSR 10-5.200 - Report of Complaints of Abuse, Neglect and Misuse of Funds/Property

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes procedures for
				  reporting and investigating complaints of abuse, neglect, and misuse of
				  funds/property in an agency that is licensed, certified, accredited, in
				  possession of deemed status, and/or funded by the Department of MentalHealth
				  (department) as required by sections
				  630.135,
				  630.167,
				  630.168,
				  630.655, and 630.710, RSMo. The rule also sets forth due process procedures for
				  persons who have been accused of abuse, neglect, and misuse of
				  funds/property.
(1) The
				following words and terms, as used in this rule, mean:
(A) Agency: An organization that is licensed,
				certified, accredited, in possession of deemed status, and/or funded by the
				Department of Mental Health;
(B)
				Consumer: An individual (client, resident, patient) receiving department funded
				services directly from an agency;
(C) Department: Department of Mental
				Health;
(D) Employee: A person
				employed by or contracted by an agency or a person serving as a volunteer or
				student for the agency;
(E) Misuse
				of funds/property: The misappropriation or conversion for any purpose of a
				consumer's funds or property by an employee or employees with or without the
				consent of the consumer or the purchase of property or services from a consumer
				in which the purchase price substantially varies from the market
				value;
(F) Neglect: Failure of an
				employee to provide reasonable or necessary services to maintain the physical
				and mental health of any consumer when that failure presents either imminent
				danger to the health, safety, or welfare of a consumer or a substantial
				probability that death or serious physical injury would result. This would
				include, but is not limited to, failure to provide adequate supervision during
				an event in which one consumer causes serious injury to another
				consumer;
(G) Physical abuse:
1. An employee purposefully beating,
				striking, wounding, or injuring any consumer;
2. In any manner whatsoever, an employee
				mistreating or maltreating a consumer in a brutal or inhumane manner;
				or
3. An employee handling a
				consumer with any more force than is reasonable for a consumer's proper
				control, treatment, or management;
(H) Sexual abuse: Any touching, directly or
				through clothing, of a consumer by an employee for sexual purpose or in a
				sexual manner. This includes, but is not limited to:
1. Kissing;
2. Touching of the genitals, buttocks, or
				breasts;
3. Causing a consumer to
				touch the employee for sexual purposes;
4. Promoting or observing for sexual purpose
				any activity or performance involving consumers including any play, motion
				picture, photography, dance, or other visual or written
				representation;
5. Failing to
				intervene or attempting to stop inappropriate sexual activity or performance
				between consumers; and/or
6.
				Encouraging inappropriate sexual activity or performance between consumers;
				and
(I) Verbal abuse: An
				employee making a threat of physical violence to a consumer, when such threats
				are made directly to a consumer or about a consumer in the presence of a
				consumer.