Current through Register Vol. 35, No. 18, September 24, 2024
If a complaint relates to an employee of a provider that is
not licensed by or covered under contract by the department of health, APS
shall make a determination of the severity of substantiated complaints of
abuse, neglect or exploitation for the purpose of deciding if the employee is
to be referred for placement on the registry. The determination of the severity
of the substantiated complaint of abuse, neglect or exploitation is based upon
application of the severity standards in this section. A substantiated
complaint that satisfies the severity standard in this section is a
substantiated registry-referred complaint. A substantiated complaint that does
not satisfy the severity standard in this section will not be referred to the
registry. Severity is determined by assessing the impact of the substantiated
abuse, neglect, or exploitation on the recipient of care or services, and by
assessing the employee for aggravating factors.
A.
Abuse. A substantiated
complaint of abuse meets the severity standard if:
(1) the abuse results in, or is a
contributing factor to, death;
(2)
the abuse results in the infliction of a significant, identifiable physical
injury that reasonably requires or results in medical or behavioral
intervention or treatment;
(3) the
abuse results in any injury for which criminal charges are brought against the
employee resulting in a plea or conviction;
(4) the abuse results in the infliction of
excruciating pain or pain that endures over a significant time
period;
(5) the abuse causes
significant mental anguish as evidenced by the victim's descriptions, or
significant behavioral changes;
(6)
the abuse is sexual abuse; or
(7)
the abuse is verbal abuse that causes significant mental anguish, including
psychological or emotional damage, and which is evidenced by significant
behavioral changes or physical symptoms.
B.
Neglect. A substantiated
complaint of neglect meets the severity standard if:
(1) the neglect results in, or is a
contributing factor to, death;
(2)
the neglect results in the infliction of a significant, identifiable physical
injury that reasonably requires or results in medical or behavioral
intervention or treatment;
(3) the
neglect results in any injury for which criminal charges are brought against
the employee resulting in a plea or conviction;
(4) the neglect results in the infliction of
excruciating pain or pain that endures over a significant time period;
or,
(5) the neglect causes
significant mental anguish as evidenced by the victim's descriptions, or
significant behavioral changes.
C.
Exploitation. A
substantiated complaint of exploitation meets the severity standard where
unjust or improper use of the money or property belonging to the recipient of
care or services results in:
(1) a single
instance of an objectively quantifiable loss, the value of which exceeds the
lesser of either:
(a) twenty five dollars
($25); or,
(b) twenty five percent
(25%) of the monthly income available to the recipient of care or services for
purchasing personal items or discretionary spending; or
(2) a subjectively substantial loss to the
recipient of care or services due to a special attachment to the property, as
demonstrated by anger, fear, frustration, depression or behavioral changes
caused by the loss.
D.
Aggravating factors. A substantiated complaint of abuse, neglect
or exploitation meets the severity standard requiring referral of the employee
for placement on the registry where:
(1) the
employee used alcohol or a controlled substance at or near the time of the
substantiated abuse, neglect or exploitation; or
(2) the employee used, brandished or
threatened to use, a weapon in connection with the substantiated abuse, neglect
or exploitation.
