Indiana Administrative Code
Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES
Article 6 - SUPPORTED LIVING SERVICES AND SUPPORTS
Rule 9 - Protection of an Individual
Section 9-3 - Prohibiting violations of individual rights

Universal Citation: 460 IN Admin Code 9-3

Current through March 20, 2024

Authority: IC 12-9-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12

Affected: IC 12-11-1.1; IC 12-11-2.1

Sec. 3.

(a) A provider shall not:

(1) abuse, neglect, exploit, or mistreat an individual; or

(2) violate an individual's rights.

(b) A provider who delivers services through employees or agents shall adopt policies and procedures that prohibit:

(1) abuse, neglect, exploitation, or mistreatment of an individual; or

(2) violation of an individual's rights.

(c) Practices prohibited under this section include the following:

(1) Corporal punishment inflicted by the application of painful stimuli to the body, which includes:
(A) forced physical activity;

(B) hitting;

(C) pinching;

(D) the application of painful or noxious stimuli;

(E) the use of electric shock; or

(F) the infliction of physical pain.

(2) Seclusion by placing an individual alone in a room or other area from which exit is prevented.

(3) Verbal abuse, including screaming, swearing, name-calling, belittling, or other verbal activity that may cause damage to an individual's self-respect or dignity.

(4) A practice that denies an individual any of the following without a physician's order:
(A) Sleep.

(B) Shelter.

(C) Food.

(D) Drink.

(E) Physical movement for prolonged periods of time.

(F) Medical care or treatment.

(G) Use of bathroom facilities.

(5) Work or chores benefiting [sic., benefitting] others without pay unless:
(A) the provider has obtained a certificate from the United States Department of Labor authorizing the employment of workers with a disability at special minimum wage rates;

(B) the services are being performed by an individual in the individual's own residence as a normal and customary part of housekeeping and maintenance duties; or

(C) an individual desires to perform volunteer work in the community.

Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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