General Laws of Massachusetts - Chapter 19C Disabled Persons Protection Commission - Section 1 Definitions

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:—

“Abuse”, an act or omission which results in serious physical or emotional injury to a disabled person; provided, however, that no person shall be considered to be abused for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.

“Caretaker”, a disabled person’s parent, guardian or other person or agency responsible for a disabled person’s health or welfare, whether in the same home as the disabled person, a relative’s home, a foster home or any other day or residential setting.

“Commission”, the disabled persons protection commission established pursuant to section two.

“Disabled person”, a person between the ages of eighteen to fifty-nine, inclusive, who is a person with an intellectual disability as defined by section 1 of chapter 123B, or who is otherwise mentally or physically disabled and as a result of such mental or physical disability is wholly or partially dependent on others to meet his daily living needs.

“General counsel” or “counsel”, the general counsel of the executive office of health and human services.

“Mandated reporter”, any physician, medical intern, hospital personnel engaged in the examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse, chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator, guidance or family counselor, day care worker, probation officer, social worker, foster parent, police officer or person employed by a state agency within the executive office of health and human services as defined by section sixteen of chapter six A, or employed by a private agency providing services to disabled persons who, in his professional capacity shall have reasonable cause to believe that a disabled person is suffering from a reportable condition.

“Recommendations”, a statement or statements contained in an investigation report prepared pursuant to this chapter and based upon a conclusion that abuse has occurred which sets forth specific action or actions intended by the investigator to remedy said abuse, protect the particular disabled person or persons who are the subject or subjects of the report from further abuse and which responds to the specific protective needs of said disabled person or persons or group of disabled persons similarly situated.

“Reportable condition”, a serious physical or emotional injury resulting from abuse, including unconsented to sexual activity.

“State agency”, any agency of the commonwealth that provides services or treatment to disabled persons, including private agencies providing such services or treatment pursuant to a contract or agreement with an agency of the commonwealth.

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Last modified: September 11, 2015