Section 5-29-202 - DefinitionsAs used in this subchapter:
(1) "Abuses" means any act or omission that causes or is likely to cause the following to a vulnerable person: (A) Mental anguish, physical pain, or physical injury;(B) Unlawful sexual contact or sexual contact induced by fear of retribution or hardship;(C) The use of a physical restraint, chemical restraint, medication, or isolation as punishment, for convenience of inpatient facility staff, or in conflict with a physician's order or treatment plan;(D) Any threatening or menacing conduct toward a vulnerable person that results or might reasonably be expected to result in fear or emotional mental distress; or(E) Withholding healthcare goods or services ordered or prescribed by a physician or other healthcare provider with authority to direct care or as required by the vulnerable person's current treatment plan;(2) "Assets" means any type of personal property or real property, including without limitation funds;(3) "Caregiver" means a person who is not a healthcare provider but has assumed the responsibility for the protection, care, or custody of a vulnerable person including without limitation a non-healthcare employee of a healthcare provider, a volunteer, a person with a power of attorney for the person, or a guardian;(4) "Exploits" means an act or omission involving:(A) The unlawful use or management of a vulnerable person's assets or the unlawful use of a vulnerable person's power of attorney or guardianship for the profit or advantage of the actor or another person; or(B) The misappropriation of the assets of a vulnerable person;(5)(A) "Healthcare provider" means a person who receives pay or other compensation to deliver or arrange for the delivery of healthcare goods or services.(B) "Healthcare provider" includes without limitation: (iii) A physician assistant;(iv) A certified nurse practitioner;(vi) A certified nurse midwife;(vii) A clinical social worker;(viii) A licensed therapist;(ix) A licensed counselor;(x) A certified nursing assistant;(xi) A direct care staff of an inpatient facility;(xii) A home healthcare worker;(xiii) A durable medical supply provider; or(xiv) Any enrolled Medicaid or Medicare provider;(6)(A) "Inpatient facility" means any medical, treatment, or rehabilitation facility or part of a medical, treatment, or rehabilitation facility that provides healthcare services or treatment on a twenty-four-hour basis, other than a facility operated by the Department of Corrections.(B) "Inpatient facility" does not include outpatient medical, treatment, or rehabilitation facilities, outpatient clinics, doctor's offices, or other medical, treatment, or rehabilitation facilities where patients do not depend on the medical, treatment, or rehabilitation facility for twenty-four-hour care;(7)(A) "Misappropriation" means the unlawful temporary or permanent use of a vulnerable person's assets.(B) "Misappropriation" includes without limitation the use of the assets for the actor's own benefit, the benefit of a person other than the vulnerable person, or in any way that is harmful to the vulnerable person;(8) "Neglects" means an act or omission by a healthcare provider or caregiver that: (A) Fails to provide to a vulnerable person or deprives a vulnerable person of treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services as required by a care plan, prescription label or instructions, or provider contract;(B) Fails to report a health problem or a change in a health problem or a change in a health condition of a vulnerable person to the appropriate healthcare provider;(C) Fails to carry out a prescribed treatment plan of a vulnerable person; or(D) Fails to provide to a vulnerable person or deprives a vulnerable person of a good or service necessary to avoid physical injury, mental anguish, or mental illness as defined in rules promulgated by a regulatory agency that is required to certify an inpatient facility to receive Medicaid funding;(9) "Sexual contact" means the same as defined in § 5-14-101; and(10) "Vulnerable person" means any person who is:(A) Sixty-nine (69) years of age or older; or(B) In an inpatient facility receiving twenty-four-hour care.Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.