Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 28.00 - Licensing and Operational Standards for Community Services
Subpart A - STANDARDS FOR COMMUNITY SERVICES
Section 28.04 - Protection from Mistreatment

Universal Citation: 104 CMR 28.00 MA Code of Regs 28.04

Current through Register 1531, September 27, 2024

(1) No provider shall mistreat a person or permit the mistreatment of a person by staff subject to its direction. Mistreatment includes any intentional or negligent action or omission which exposes a person to a serious risk of physical or emotional harm. Mistreatment includes, but is not limited to:

(a) Corporal punishment or any unreasonable use or degree of force or threat of force;

(b) Infliction of mental or verbal abuse, such as abusive screaming or name calling;

(c) Incitement or encouragement of persons or others to mistreat a person;

(d) Transfer or the threat of transfer of a person for punitive reasons;

(e) The use of restraint as punishment or for the convenience of staff; or

(f) Any act in retaliation against a person for reporting any violation of the provisions of the Department regulations or other provisions of law.

(2) The Director or designee shall report to the Department allegations of mistreatment in accordance with 104 CMR 32.00: Investigation and Reporting Responsibilities.

(a) Provider staff shall cooperate with investigations of incidents or allegations of mistreatment in accordance with 104 CMR 32.00: Investigation and Reporting Responsibilities.

(b) Provider staff shall comply with all applicable reporting requirements as required by law including reporting allegations of abuse or neglect to the Disabled Persons Protection Commission in compliance with M.G.L. c. 19C, the Executive Office of Elder Affairs in compliance with M.G.L. c. 19A, and the Department of Children and Families in compliance with M.G.L. c. 119.

(3) The identity of persons making reports under 104 CMR 28.04 shall not be disclosed by the Director or designee or by the Department, except as necessary to investigate the subject matter of the report.

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