Section R982-601-104 - Definitions of Abuse, Sexual Abuse and Sexual Exploitation, Neglect, Exploitation, and Maltreatment(1) Abuse of clients may includes:(a) harm or threatened harm to the physical or emotional health and welfare of a client;(c) deprivation of life-sustaining treatment;(d)physical injury including:(i)any contusion of the skin;(vii) injury to any internal organ;(viii)any injury causing bleeding; or(ix)causing, allowing, or maintaining any physical condition which imperils a client's health or welfare; or(e)any type of physical hitting or corporal punishment inflicted in any manner upon the body.(d) Any type of physical hitting or corporal punishment inflicted in any manner upon the body.(2)Sexual abuse and sexual exploitation includes:(a)engaging in sexual intercourse with any client;(b) touching the anus or any part of the genitals or otherwise taking indecent liberties with a client, or causing any individual to take indecent liberties with a client with the intent to arouse or gratify the sexual desire of any person;(c)employing, using, persuading, inducing, enticing, or coercing a client to pose in the nude;(d)employing, using, persuading, inducing, enticing or coercing a client to engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct;(e) displaying, distributing, possessing for the purpose of distribution, or selling material depicting nudity, or engaging in sexual or simulated sexual conduct with a client; or(f)committing or attempting to commit acts of sodomy or molestation with a client.(3)Sexual abuse and sexual exploitation does not include therapeutic processes used in the treatment of sexual deviancy or dysfunction which have been outlined in the client's treatment plan and is in accordance with written agency policy.(4)Neglect includes: (a)denial of sufficient nutrition;(b) denial of sufficient sleep;(c)denial of sufficient clothing or bedding;(d)failure to provide adequate supervision, including impairment of employee due to use of alcohol or drugs, illness, or sleeping, resulting in inadequate supervision;(e)failure to arrange for medical care or medical treatment as prescribed or instructed by a physician when not contraindicated by agency after consultation with agency physician; or(f)denial of sufficient shelter, except in accordance with the written agency policy.(5) Exploitation includes: (a) utilizing the labor of a client without giving just or equivalent return except as part of a written agency policy which is in accordance with reasonable therapeutic interventions and goals;(b)using property belonging to clients;(c) accepting gifts as a condition of receipt of program services.(6) Maltreatment includes: (a) physical exercises, such as running laps or performing pushups, except in accordance with an individual's service plan and written agency policy;(b)chemical, mechanical or physical restraints except when authorized by individual's service plan and administered by appropriate personnel or when threat of injury to the client or any other person exists;(c) assignment unduly physically strenuous or harsh work;(d)requiring or forcing the individual to take an uncomfortable position, such as squatting or bending, or requiring or forcing the individual to repeat physical movements when used solely as a means of punishment;(e)group punishments for misbehaviors of individuals except in accordance with the written agency policy;(f) verbal abuse by agency personnel, including engaging in language whose intent or result is demeaning to the client except in accordance with written agency policy which is in accordance with reasonable therapeutic interventions and goals;(g)denial of any essential program service solely for disciplinary purposes except in accordance with written agency policy;(h)denial of visiting or communication privileges with family or significant others solely for disciplinary purposes except in accordance with written agency policy;(i)requiring the individual to remain silent for long periods of time solely for punishment;(j)excessive withholding of emotional response or stimulation; or(k)excluding a client from entry to a residence except in accordance with the written agency policy.Utah Admin. Code R982-601-104