. "Appendix B: Analysis of Elder Abuse and Neglect Definitions Under State Law." Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America. Washington, DC: The National Academies Press, 2003.
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Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America
son of services necessary to maintain the mental and physical health of an adult;
INSTITUTIONAL ABUSE: “Abuse” under § 30-47-3 means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including: (1) physical contact that harms or is likely to harm a resident of a care facility; (2) inappropriate use of a physical restraint, isolation, or medication that harms or is likely to harm a resident; (3) inappropriate use of a physical or chemical restraint, medication, or isolation as punishment or in conflict with a physician’s order; (4) medically inappropriate conduct that causes or is likely to cause physical harm to a resident; (5) medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident;(6) an unlawful act, a threat, or menacing conduct directed toward a resident that results and might reasonably be expected to result in fear or emotional or mental distress to a resident.
“Neglect” under § 27-7-16 means failure of the caretaker of an adult to provide basic needs such as clothing, food, shelter, supervision, and care for the physical and mental health for that adult or failure by an adult to provide such basic needs for himself.
INSTITUTIONAL NEGLECT: “Neglect” under § 30-47-3 means, subject to the resident’s right to refuse treatment and subject to the caregiver’s right to exercise sound medical discretion, the grossly negligent: (1) failure to provide any treatment, service, care, medication, or item that is necessary to maintain the health or safety of a resident; (2) failure to take any reasonable precaution that is necessary to prevent damage to the health or safety of a resident; or (3) failure to carry out a duty to supervise properly or control the provision of any treatment, care, good, service, or medication necessary to maintain the health or safety of a resident.
“Exploitation” under § 27-7-16 means an unjust or improper use of an adult’s money or property for another person’s profit or advantage, pecuniary or otherwise.
“Adult” under § 27-7-16 means a person 18 years of age or older.
“Caretaker” under § 27-7-16 means an individual or institution that has assumed the responsibility for the care of an adult.