Abuse of client; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with client; aiding escape of client; penalties.
1. An employee of the Division or other person who:
(a) Has reason to believe that a client has been or is being abused or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a lawfully issued prescription;
(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or
(e) Contrives the escape, elopement or absence of a client,
Ę is guilty of a misdemeanor.
2. An employee of the Division or other person who willfully abuses or neglects any client:
(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.
(b) If substantial bodily harm to the client results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the State, he forfeits his office or position.
4. For the purposes of this section:
(a) “Abuse” means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:
(1) The rape, sexual assault or sexual exploitation of the client;
(2) Striking the client;
(3) The use of excessive force when placing the client in physical restraints; and
(4) The use of physical or chemical restraints in violation of state or federal law.
Ę Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.
(b) “Neglect” means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:
(1) Establish or carry out an appropriate plan of treatment for the client;
(2) Provide the client with adequate nutrition, clothing or health care; and
(3) Provide a safe environment for the client.
Ę Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.
(c) “Standard practice” is the skill and care ordinarily exercised by prudent medical personnel.
Last modified: February 27, 2006