Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-111 - Residential habilitation centers-Compliance standards › Section 388-111-0001 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Abandonment"
means action or inaction by an
				  individual or entity with a duty of care for a vulnerable adult that leaves the
				  vulnerable individual without the means or ability to obtain necessary food,
				  clothing, shelter, or health care.
"Abuse"
means the willful action or inaction
				  that inflicts injury, unreasonable confinement, intimidation, or punishment of
				  a vulnerable adult. In instances of abuse of a vulnerable adult who is unable
				  to express or demonstrate physical harm, pain or mental anguish, the abuse is
				  presumed to cause physical harm, pain, or mental anguish. Abuse includes sexual
				  abuse, mental abuse, physical abuse, and personal exploitation of a vulnerable
				  adult, and improper use of restraint against a vulnerable adult, which have the
				  following meanings:
(1)
"Mental abuse"
means a willful verbal or
				  nonverbal action that threatens, humiliates, harasses, coerces, intimidates,
				  isolates, unreasonably confines or punishes a vulnerable adult. Mental abuse
				  may also include ridiculing, yelling, or swearing.
(2)
"Physical abuse"
means the willful action of
				  inflicting bodily injury or physical mistreatment. Physical abuse includes, but
				  is not limited to, striking with or without an object, slapping, pinching,
				  choking, kicking, shoving, prodding, or the use of chemical or physical
				  restraints unless the restraint is consistent with certification
				  requirements.
(3)
"Sexual abuse"
means any form of
				  nonconsensual sexual conduct, including, but not limited to unwanted or
				  inappropriate touching, rape, sodomy, sexual coercion, sexually explicit
				  photographing, and sexual harassment. Sexual contact may include interactions
				  that do not involve touching, including but not limited to sending a resident
				  sexually explicit messages, or cuing or encouraging a resident to perform
				  sexual acts. Sexual abuse also includes any sexual conduct between a staff
				  person and a resident, whether or not it is consensual.
(4)
"Personal exploitation"
means an act of
				  forcing, compelling, or exerting undue influence over a resident causing the
				  resident to act in a way that is inconsistent with relevant past behavior, or
				  causing the resident to perform services for the benefit of another.
(5) "Improper use of restraint" means inappropriate use of
				  chemical, physical or mechanical restraints for the convenience or discipline
				  or in a manner that:
(a) Is inconsistent with federal or state licensing or
				  certification requirements for facilities, hospitals, or programs authorized
				  under Chapter 71A.12 RCW;
(b) Is not medically authorized; or
(c) Otherwise constitutes abuse under this section.
(6) "Chemical restraint" means the administration of any drug
				  to manage a vulnerable adult's behavior in a way that reduces the safety risk
				  to the vulnerable adult or others, has the temporary effect of restricting the
				  vulnerable adult's freedom of movement, and is not standard treatment for the
				  vulnerable adult's medical or psychiatric condition.
"Administrative hearing"
is a formal hearing
				  proceeding before a state administrative law judge that gives an individual an
				  opportunity to appeal a finding of abandonment, abuse, neglect or financial
				  exploitation of a resident.
"Administrative law judge (ALJ)"
means an
				  impartial decision maker who presides over an administrative hearing. ALJs are
				  not department employees or department representatives.
"Department"
means the department of social and
				  health services .
"Facility"
:
(1) Except as defined in subsection (2) of this definition,
				  the term "facility" means an intermediate care facility for individuals with
				  intellectual disabilities (ICF/IID).
(2) When used in the definition of "mandated reporter," the
				  term "facility" means a residence licensed or required to be licensed under
				  chapter 18.20 RCW, assisted living facilities;
				  chapter
				  18.51 RCW, nursing homes;
				  chapter 70.128 RCW, adult family homes;
				  chapter
				  72.36 RCW, soldiers' and
				  veterans' homes; or chapter 71A.20 RCW, residential habilitation centers; or
				  any other facility licensed by the department.
"Financial exploitation"
means the illegal or
				  improper use, control over, or withholding of the property, income, resources,
				  or trust funds of the vulnerable adult by any individual or entity for any
				  individual's or entity's profit or advantage other than the vulnerable adult's
				  profit or advantage. Some examples of financial exploitation are given in
				  RCW
				  74.34.020(6).
"Individual"
means anyone used by the facility
				  to provide services to residents, who is alleged to have abandoned, abused,
				  neglected, misappropriated property of, or financially exploited a resident.
				  "Individual" includes, but is not limited to, employees, contractors and
				  volunteers. "Individual" also includes a person used by the certified nursing
				  facility portion of a residential habilitation center operated under chapter
				  71A.20 RCW.
"Intermediate care facility for individuals with
				  intellectual disabilities (ICF/IID)"
means an institution certified
				  under chapter 42 C.F.R., Part 483, Subpart I, unless the facility is licensed
				  as a nursing home under
				  chapter
				  18.51 RCW or as an
				  assisted living facility under chapter 18.20 RCW.
"Mandated reporter"
means an employee of the
				  department; law enforcement officer; social worker; professional school
				  personnel; individual provider; an employee of a facility; an operator of a
				  facility; an employee of a social service, welfare, mental health, adult day
				  health, adult day care, home health, home care, or hospice agency; county
				  coroner or medical examiner; Christian Science practitioner; or health care
				  provider subject to
				  chapter
				  18.130 RCW.
"
Mechanical Restraints
" means any device
				  attached or adjacent to the vulnerable adult's body that he or she cannot
				  easily remove that restricts freedom of movement or normal access to his or her
				  body. "Mechanical restraint" does not include the use of devices, materials or
				  equipment that are:
(1) Medically authorized, as required; and
(2) Used in a manner that is consistent with federal or state
				  licensing or certification requirements for facilities, hospitals, or programs
				  authorized under chapter 71A.12 RCW.
"Neglect"
means that an individual or entity
				  with a duty to care for residents has:
(1) By an act or omission, demonstrated a serious disregard
				  of consequences of such magnitude as to constitute a clear and present danger
				  to a resident's health, welfare or safety; or
(2) Through conduct or inaction, or a pattern of conduct or
				  inaction, failed to provide a resident with the goods and services that
				  maintain physical or mental health of a vulnerable adult, or that failed to
				  avoid or prevent physical harm, pain, mental anguish, or mental illness.
"
Physical Restraints
" means the application of
				  physical force without the use of any device, for the purpose of restraining
				  the free movement of a vulnerable adult's body. "Physical restraint" does not
				  include:
(1) Briefly holding without undue force a vulnerable adult in
				  order to calm or comfort him or her; or
(2) Holding a vulnerable adult's hand to safely escort him or
				  her from one area to another.
"Resident"
means an individual residing in a
				  facility or in the certified nursing facility portion of a residential
				  habilitation center operated under chapter 71A.20 RCW.
"Willful"
means the deliberate, or
				  nonaccidental, action or inaction by an individual that he or she knew or
				  reasonably should have known could cause a negative outcome, including harm,
				  injury, pain or anguish.
Statutory Authority:
					 Chapter
					 74.34 RCW,
					 RCW
					 74.08.090 and
					 71A.12.030. 12-01-001, §
					 388-111-0001, filed 12/7/11, effective 1/7/12; 11-07-025, § 388-111-0001,
					 filed 3/10/11, effective 4/10/11.