Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1041 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 1041
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7	7	LC002974
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
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14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- ABUSE IN HEALTHCARE FACILITIES
16	16	Introduced By: Senators LaMountain, F. Lombardi, and McKenney
17	17	Date Introduced: May 19, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 23-17.8-1 of the General Laws in Chapter 23-17.8 entitled "Abuse in 1
23	23	Healthcare Facilities" is hereby amended to read as follows: 2
24	24	23-17.8-1. Definitions. 3
25	25	(a)(1) “Abuse” means: 4
26	26	(i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, 5
27	27	kicking, pinching, slapping, or the pulling of hair; provided, however, unless it is required as an 6
28	28	element of the offense charged, it shall not be necessary to prove that the patient or resident was 7
29	29	injured by the assault; 8
30	30	(ii) Any assault as defined in chapter 37 of title 11; 9
31	31	(iii) Any offense under chapter 10 of title 11; 10
32	32	(iv) Any conduct which harms or is likely to physically harm the patient or resident except 11
33	33	where the conduct is a part of the care and treatment, and in furtherance of the health and safety of 12
34	34	the patient or resident; or 13
35	35	(v) Intentionally engaging Engaging in a pattern of harassing conduct which causes or is 14
36	36	likely to cause emotional or psychological harm to the patient or resident, including but not limited 15
37	37	to, ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident 16
38	38	or cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm 17
39	39	on a patient or resident. 18
40	40	(2) Nothing in this section shall be construed to prohibit the prosecution of any violator of 19
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44	44	this section under any other chapter. 1
45	45	(b) “Department” means the department of health when the incident occurs in a health care 2
46	46	facility, and the department of behavioral healthcare, developmental disabilities and hospitals when 3
47	47	the incident occurs in a community residence for people who are mentally retarded or persons with 4
48	48	developmental disabilities. 5
49	49	(c) “Facility” means any health care facility or community residence for persons who are 6
50	50	mentally retarded, or persons with developmental disabilities as those terms are defined in this 7
51	51	section. “Health care facility” means any hospital or facility which provides long-term health care 8
52	52	required to be licensed under chapter 17 of this title, and any assisted living residence required to 9
53	53	be licensed under chapter 17.4 of this title, and any community residence whether privately or 10
54	54	publicly owned. “Community residence” for persons who are mentally retarded or persons with 11
55	55	developmental disabilities means any residential program licensed by the department of behavioral 12
56	56	healthcare, developmental disabilities and hospitals which meets the definition of a community 13
57	57	residence as defined in § 40.1-24-1(2) and provides services to people who are mentally retarded 14
58	58	or persons with developmental disabilities. 15
59	59	(d) “High Managerial Agent” means an officer of a facility, the administrator and assistant 16
60	60	administrator of the facility, the director and assistant director of nursing services, or any other 17
61	61	agent in a position of comparable authority with respect to the formulation of the policies of the 18
62	62	facility or the supervision in a managerial capacity of subordinate employees. 19
63	63	(e) “Mistreatment” means the inappropriate use of medications, isolation, or use of physical 20
64	64	or chemical restraints: 21
65	65	(1) As punishment; 22
66	66	(2) For staff convenience; 23
67	67	(3) As a substitute for treatment or care; 24
68	68	(4) In conflict with a physician’s order; or 25
69	69	(5) In quantities which inhibit effective care or treatment, or which harms or is likely to 26
70	70	harm the patient or resident. 27
71	71	(f) “Neglect” means the intentional failure to provide treatment, care, goods, and services 28
72	72	necessary to maintain the health and safety of the patient or resident, or the intentional failure to 29
73	73	carry out a plan of treatment or care prescribed by the physician of the patient or resident, or the 30
74	74	intentional failure to report patient or resident health problems or changes in health problems or 31
75	75	changes in health conditions to an immediate supervisor or nurse, or the intentional lack of attention 32
76	76	to the physical needs of a patient or resident including, but not limited to toileting, bathing, meals, 33
77	77	and safety. No person shall be considered to be neglected for the sole reason that he or she relies 34
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81	81	on or is being furnished treatment in accordance with the tenets and teachings of a well-recognized 1
82	82	church or denomination by a duly-accredited practitioner of a well-recognized church or 2
83	83	denomination. 3
84	84	(g) “Patient” means any person who is admitted to a facility for treatment or care, while 4
85	85	“resident” means any person who maintains their residence or domicile, on either a temporary or 5
86	86	permanent basis, in a facility. 6
87	87	(h) “Person” means any natural person, corporation, partnership, unincorporated 7
88	88	association, or other business entity. 8
89	89	(i) “Immediate jeopardy” means a situation in which the nursing facility’s alleged 9
90	90	noncompliance with one or more state or federal requirements or conditions has caused, or is likely 10
91	91	to cause serious injury, harm, impairment or death to a resident; or shall be defined in accordance 11
92	92	with 42 CFR 489 or any subsequent applicable federal regulations. 12
93	93	(j) “Non-immediate jeopardy — high potential for harm” means a situation in which a 13
94	94	nursing facility’s alleged noncompliance with one or more state or federal requirements or 14
95	95	conditions may have caused harm that negatively impacts the individual’s mental, physical and/or 15
96	96	psychosocial status; or shall be defined in accordance with 42 CFR 489 or any subsequent 16
97	97	applicable federal regulations. 17
98	98	(k) “Non-immediate jeopardy — medium potential for harm” means a situation in which a 18
99	99	nursing facility’s alleged noncompliance with one or more state or federal requirements or 19
100	100	conditions has caused or may have caused harm that is of limited consequence and does not 20
101	101	significantly impair the individual’s mental, physical and/or psychosocial status to function; or shall 21
102	102	be defined in accordance with 42 CFR 489 or any subsequent applicable federal regulations. 22
103	103	(l) “Non-immediate jeopardy — low potential for harm” means a situation in which a 23
104	104	nursing facility’s alleged noncompliance with one or more state or federal requirements or 24
105	105	conditions may have caused mental, physical and/or psychosocial discomfort that does not 25
106	106	constitute injury or damage; or shall be defined in accordance with 42 CFR 489 or any subsequent 26
107	107	applicable federal regulations. 27
108	108	SECTION 2. Section 42-66-4.1 of the General Laws in Chapter 42-66 entitled "Office of 28
109	109	Healthy Aging" is hereby amended to read as follows: 29
110	110	42-66-4.1. Definitions. 30
111	111	As used in this chapter: 31
112	112	(1) “Abuse” means physical abuse, sexual abuse, and/or emotional abuse of an elderly 32
113	113	person by a caregiver as defined in subsection (5). 33
114	114	(a) “Physical abuse” means the willful infliction of physical pain or injury (e.g. slapping, 34
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118	118	bruising or restraining) upon an elderly person. 1
119	119	(b) “Sexual abuse” means the infliction of non-consensual sexual contact of any kind upon 2
120	120	an elderly person. Sexual abuse includes, but is not limited to, sexual assault, rape, sexual misuse 3
121	121	or exploitation of an elder, as well as threats of sexual abuse where the perpetrator has the intent 4
122	122	and the capacity to carry out the threatened abuse. 5
123	123	(c) “Emotional abuse” means a pattern of willful infliction of mental or emotional harm 6
124	124	upon an elder by threat, intimidation, isolation or other abusive conduct. 7
125	125	(2) “Exploitation” means the fraudulent or otherwise illegal, unauthorized or improper act 8
126	126	or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the 9
127	127	resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an 10
128	128	elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue 11
129	129	influence, harassment, duress, deception, false representation or false pretenses. 12
130	130	(3) “Neglect” means the willful failure by a caregiver or other person with a duty of care 13
131	131	to provide goods or services necessary to avoid physical harm, mental harm or mental illness to an 14
132	132	elderly person, including, but not limited to, “abandonment” (withdrawal of necessary assistance) 15
133	133	and denial of food or health related services. 16
134	134	(4) “Willful” means intentional, conscious and directed toward achieving a purpose. 17
135	135	(5) “Caregiver” means a person who has assumed the responsibility for the care of the 18
136	136	elderly person voluntarily, by contract or by order of a court of competent jurisdiction, or who is 19
137	137	otherwise legally responsible for the care of the elderly person. 20
138	138	(6) “Self-neglect” means a pattern of behavior in an elderly person that directly, 21
139	139	imminently and significantly threatens his/her own health and/or, safety. Self-neglect includes, but 22
140	140	is not limited to, an inability or an incapacity to provide self with food, water, shelter, or safety to 23
141	141	the point of establishing imminent risk of any of the harm(s) described in the immediately preceding 24
142	142	sentence. 25
143	143	(7) “Protective services” means services and/or action intended to prevent and/or alleviate 26
144	144	the abuse, neglect, exploitation or self-neglect of elderly persons. Protective services may include 27
145	145	supervision, counseling, and assistance in securing health and supportive services, safe living 28
146	146	accommodations and legal intervention. 29
147	147	(8) “Elderly person” or “elder” means any person sixty (60) years of age or older. 30
148	148	SECTION 3. This act shall take effect upon passage. 31
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155	155	EXPLANATION
156	156	BY THE LEGISLATIVE COUNCIL
157	157	OF
158	158	A N A C T
159	159	RELATING TO HEALTH AND SAFETY -- ABUSE IN HEALTHCARE FACILITIES
160	160	***
161	161	This act would remove the intent requirement relative to the definitions of "abuse" within 1
162	162	the chapter on "abuse in healthcare facilities" and would amend the definitions of "abuse" and 2
163	163	"neglect" with regard to elderly affairs by deleting the element of willful conduct. This act would 3
164	164	also delete the definition of willful. 4
165	165	This act would take effect upon passage. 5
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