Del. Code 16, § 1131 : Health And Safety — Nursing Facilities And Similar Facilities — Abuse, Neglect, Mistreatment Or Financial Exploitation Of Residents Or Patients — Definitions

  • Date:

Current through 2016 Legislative Session, Act 399

When used in this subchapter the following words shall have the meaning herein defined. To the extent the terms are not defined herein, the words are to have their commonly-accepted meaning.

(1) Abuse shall mean:
a.Physical abuse by unnecessarily inflicting pain or injury to a patient or resident. This includes but is not limited to, hitting, kicking, punching, slapping or pulling hair. When any act constituting physical abuse has been proved, the infliction of pain is assumed.
b.Sexual abuse which includes, but is not limited to, any sexual contact, sexual penetration, or sexual intercourse, as those terms are defined in § 761 of Title 11, with a patient or resident by an employee or volunteer working at a facility. It shall be no defense that the sexual contact, sexual penetration, or sexual intercourse was consensual.
c.Emotional abuse which includes, but is not limited to, ridiculing, demeaning, humiliating, or cursing at a patient or resident, or threatening a patient or resident with physical harm.
d. Medication diversion by knowingly, or intentionally, interrupting, obstructing, or altering the delivery, or administration, of a prescription drug to a patient or resident, providing that such prescription drug was:
i. prescribed or ordered by a healthcare provider for the patient or resident; and
ii. the interruption, obstruction, or alteration occurred without the prescription, or order, of a healthcare provider;
e. A person is justified in engaging in conduct otherwise prohibited in subsection (d) if the conduct was performed by:
i. a healthcare provider, or licensed health care professional, who acted in good faith within the scope of the person's practice or employment; or
ii. a person acting in good faith while rendering emergency care at the scene of an emergency, or accident.
(2) "Department" shall mean the Department of Health and Social Services or its designee.
(3) "Division" shall mean the Division of Long-Term Care Consumer Protection;
(4) "Facility" shall include:
a.Any facility required to be licensed under this chapter;
b.Any facility operated by or for the State which provides long-term care residential services; and
c.The Delaware Psychiatric Center and hospitals certified by the Department of Health and Social Services pursuant to § 5001 or § 5136 of this title.
d. Any hospital as defined in § 1001(2) of this Title. Hospital as defined in § 1001(2) is included in the definition of facility only for the purposes and application of § 1131 and § 1136 of this subchapter.
(5) "Financial Exploitation" shall mean the illegal or improper use or abuse of a patient's or resident's resources or financial rights by another person, whether for profit or other advantage.
(6) "Healthcare provider" shall mean an individual licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. This is the same definition as in 16 § 2501.
(7) "High managerial agent" means an officer of a facility or any other agent in a position of comparable authority with respect to the formulation of the policy of the facility or the supervision in a managerial capacity of subordinate employees.
(8) "Investigation" shall mean the collection of evidence in response to a report of abuse, neglect, mistreatment or financial exploitation of a resident or patient to determine if that resident or patient has been abused, neglected, mistreated or financially exploited. The Division shall develop protocols for its investigations which focus on ensuring the safety and well-being of the patient or resident and which satisfy the requirements of this Chapter.
(9) "Mistreatment" shall include the inappropriate use of medications, isolation, or physical or chemical restraints on or of a patient or resident.
(10) "Neglect" shall mean:
a.Lack of attention to physical needs of the patient or resident including, but not limited to toileting, bathing, meals and safety.
b.Failure to report patient or resident health problems or changes in health problems or changes in health condition to an immediate supervisor or nurse.
c.Failure to carry out a prescribed treatment plan for a patient or resident.
d.A knowing failure to provide adequate staffing which results in a medical emergency to any patient or resident where there has been documented history of at least 2 prior cited instances of such inadequate staffing within the past 2 years in violation of minimum maintenance of staffing levels as required by statute or regulations promulgated by the Department, all so as to evidence a willful pattern of such neglect.
(11) "Person" means a human being and where appropriate a public or private corporation, an unincorporated association, a partnership, a government or governmental instrumentality.
(12) "Protection and advocacy agency" shall mean the Community Legal Aid Society, Inc. or successor agency designated the State protection and advocacy system pursuant to the following:
a.Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. § 10801 et seq.);
b.Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. § 15001 et seq.); or
c.Protection and advocacy for individual rights (29 U.S.C. § 794e).
(13) Prescription drug means a controlled substance as listed in Subchapter II in Chapter 47 of Title 16 or any other drug that can only be dispensed upon written, or verbal, authorization from a licensed healthcare provider.
Del. C. § 1131
Amended by Laws 2013, ch. 193,s 1, eff. 2/14/2014.
65 Del. Laws, c. 442, § 1; 70 Del. Laws, c. 222, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1; 71 Del. Laws, c. 487, § 1; 72 Del. Laws, c. 120, §§ 1 - 4; 77 Del. Laws, c. 201, § 9; 78 Del. Laws, c. 30, § 1.;
SECTIONS