TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-27
Penalties for Abuse of Persons with Developmental Disabilities

SECTION 40.1-27-1


§ 40.1-27-1 Definitions.

(a) "Abuse" means:

(1) Any assault as defined in chapter 5 of title 11;

(2) Any assault as defined in chapter 37 of title 11;

(3) Any offense under chapter 10 of title 11;

(4) Any conduct which harms or is likely to physically harm the participant except where the conduct is a part of the care and treatment, and in furtherance of the health and safety of the participant; or

(5) Intentionally engaging in a pattern of harassing conduct, which is intended to cause psychological harm to the participant; provided, however, nothing herein shall be construed to prohibit the prosecution of any violator of this section under any other section.

(b) "Mistreatment" means the inappropriate use of medications, isolation, or use of physical or chemical restraints as punishment, for staff convenience, as a substitute for treatment or care, in conflict with a physician's order, or in quantities, which inhibit effective care or treatment, which harms or is likely to harm the participant.

(c) "Neglect" means the failure to provide treatment, care, goods, and services necessary to maintain the health and safety of the participant, or the failure to carry out a plan of treatment or care prescribed by the physician of the participant; provided, however, no person shall be considered to be neglected for the sole reason that he or she relies or is being furnished treatment in accordance with the tenets and teachings of a well recognized church or denomination by a duly accredited practitioner thereof.

(d) "Participant" means any person with developmental disabilities who participates in a program.

(e) "Program" means any day treatment program, habilitation program, rehabilitation program or other program for persons with developmental disabilities licensed by the department of mental health, retardation, and hospitals pursuant to § 40.1-24-1 et seq.

History of Section.
(P.L. 1990, ch. 414, § 1.)