New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 524 - Incident Management Programs › Section 524.5 - Incident category definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of reporting incidents pursuant to Section
				  524.7 
				  of this Part, the following terms are defined; provided, however, nothing
				  contained herein shall be construed as restricting the discretion of the
				  Justice Center in categorizing incident reports
:
(a)
Abuse:
any
				of the following acts of a custodian:
(1)
Physical Abuse
: intentionally or recklessly causing, by
				physical contact, physical injury or serious or protracted impairment of the
				physical, mental, or emotional condition of a patient or causing the likelihood
				of such injury or impairment; such conduct may include, but is not limited to
				slapping, hitting, kicking, biting, choking, smothering, shoving, dragging,
				throwing, punching, shaking, burning, cutting, or the use of corporal
				punishment, provided, however, that this shall not include reasonable emergency
				interventions necessary to protect the safety of any person.
(2)
Psychological Abuse
:
				intentionally or recklessly causing, by verbal or non-verbal conduct, a
				substantial diminution of a patient's emotional, social or behavioral
				development or condition, supported by a clinical assessment performed by a
				physician, psychologist, psychiatric nurse practitioner, licensed clinical or
				master social worker or licensed mental health counselor, or causing the
				likelihood of such diminution. Such conduct may include, but shall not be
				limited to, intimidation, threats, the display of a weapon or other object that
				could reasonably be perceived by a service recipient as a means for infliction
				of pain or injury, in a manner that constitutes a threat of physical pain or
				injury, taunts, derogatory comments, or ridicule.
(3)
Sexual Abuse
: conduct
				that subjects a patient to any offense defined in Article 130 (sex offenses) or
				Section 255.25 (incest, 3rd degree), 255.26 (incest,
				2nd degree), or 255.27 (incest,
				1st degree) of the Penal Law, or any conduct or
				communication that allows, permits, uses or encourages a patient to engage in
				any act described in Articles 230 (prostitution offenses) or 263 (sexual
				performance by a child) of the Penal Law.
(4)
Deliberate Inappropriate Use of
				Restraint
:
(i) The application of
				restraint, as defined in Section
				526.4  of
				this Title, shall constitute abuse when such application is deliberately
				inappropriate. For purposes of this Part, "deliberately inappropriate" shall
				mean any use of restraint for any reason other than as an emergency safety
				intervention.
(ii) The application
				of restraint shall
not
constitute abuse when such application
				is necessary and performed in accordance with applicable laws and
				regulations.
(iii) In situations in
				which alternative procedures and methods not involving the use of physical
				force cannot reasonably be employed, nothing in this Section shall be construed
				to prohibit the use of reasonable physical force when necessary to protect the
				life and limb of any person.
(5)
Obstruction of reports of
				Reportable Incidents
: conduct that impedes the discovery, reporting or
				investigation of treatment of a patient by falsifying records related to the
				safety, treatment or supervision of a patient, actively persuading a Mandated
				Reporter from making a report of a reportable incident to the Statewide
				Vulnerable Persons' Central Register with the intent to suppress the reporting
				or the investigation of an incident, intentionally making a false statement or
				intentionally withholding material information during an investigation into
				such a report in accordance with governing state agency regulations, policies,
				or procedures; intentional failure of a supervisor or manager to act upon such
				a report, or failure by a Mandated Reporter to report a reportable incident
				upon discovery, (unless the report is made in accordance with the provisions of
				subdivision (e) of Section
				524.8 
				of this Part).
(6)
Unlawful
				use or administration of a controlled substance
: any administration to
				a patient of a controlled substance, as defined by Article 33 of the Public
				Health Law without a lawful prescription, or other medication not approved for
				any use by the federal Food and Drug Administration, and/or unlawful use or
				distribution of a controlled substance as defined by Article 33 of the Public
				Health Law at the workplace or while on duty.
(7)
Aversive conditioning:
the use of unpleasant physical stimulus to modify behavior without
				person-specific legal authorization, provided, however, that any use of
				aversive conditioning is prohibited in facilities under the jurisdiction of the
				Office.