Section 14.5. Definition of abuse

(a) An abusive act is an act or omission which may cause or causes actual physical or emotional harm or injury to a patient/resident, or an act which willfully deprives a patient/resident of his rights as defined by the Department. An act of abuse directed against a patient/resident is prohibited and is cause for disciplinary action including dismissal, and possible criminal prosecution.

(b) Questions may arise as to what actions constitute abuse of a patient/resident. An action which may cause or causes actual physical or emotional harm or injury, which is not caused by simple negligence, constitutes abuse. An action such as striking or kicking a patient/resident, restraining a patient/resident improperly or without authorization, and other actions which can be seen as causing physical pain to a patient/resident are strictly forbidden. An act such as teasing, humiliating, degrading or intentionally ignoring a patient/resident, may constitute abuse and will be dealt with no less severely than acts causing physical injury.

(c) Nonaction which results in emotional/physical injury is viewed in the same manner as that caused by improper or excessive action. Actions in which employes engage with patients/residents shall have as their legitimate goal, the healthful, proper and humane care and treatment of the patient/resident.