Current through all regulations passed and filed through December 16, 2024
(A) The purpose of this rule shall be to
define patient abuse and neglect for persons receiving Ohio department of
mental health (ODMH) services inregional psychiatric hospitals (RPHs); to establish
policies to prevent abuse and neglect of persons served; to provide guidelines
for preventive and corrective measures; and to establish policies and
procedures regarding reports and investigations of abuse or neglect of persons
served.
(B) The provisions of this
rule shall be applicable to all RPHs
providing services under the managing responsibility of the department.
(C) Central office employees shall
adhere to abuse/neglect policies as determined by the director.
(D) The following definitions shall apply to
this rule in addition to or in place of those appearing in rule
5122-1-01 of the Administrative
Code:
(1) "Abuse" means any act or absence of
action caused by an employee inconsistent with rights which results or could
result in physical injury to a client; any act which constitutes sexual
activity, as defined under Chapter 2907. of the Revised Code, where such
activity would constitute an offense against a client under that chapter;
insulting or coarse language or gestures directed toward a client which
subjects the client to humiliation or degradation; or depriving a client of
real or personal property by fraudulent or illegal means.
(2) "Neglect" means a purposeful or negligent
disregard of duty imposed on an employee by statute, rule,
RPH
policy, position description, or professional standard and owed to a client by
that employee.
(E) The department shall promote policies
governing patient services that assure protection of persons served from abuse
or neglect caused by employees, other persons served, programs, and procedures.
Protection shall include informing employees of their duty to prevent and
report abuse or neglect of persons served and disciplinary
action against employees who have abused or neglected persons served.
Volunteers, contractors and other
on-grounds non-employees are covered by this rule and are subject to
civil/criminal statutes.
(F)
Standards.
(1)
The standard and quality of care owed to a person served shall be in keeping
with current professional standards of care, federal and state laws and
regulations, administrative rules of the department, accreditation standards of
the joint
commission (TJC), as applicable, and instructions, guidelines, or
procedures and requirements of court as applicable.
(2) Each employee shall be responsible for
safeguarding persons served from abuse or neglect which could be self-inflicted
or caused by other persons served, other employees, or other non-hospital
persons.
(G) Duties of
the chief executive officer (CEO).
(1) The CEO or designee shall
adhere to the guidelines established under rule
5122-3-13 of the Administrative
Code including, but not limited to, reporting of incidents and providing for
investigative and follow-up procedures to ensure that preventive measures take
place to reduce the occurrence of future incidents.
(2)
The CEO shall be responsible for
making every effort to assure the prevention of patient abuse or neglect by the
following measures:
(a) Provision of a safe and quality
environment for persons served through the physical environment, good
maintenance, housekeeping practices, adequate equipment, buildings, grounds,
culture, and therapeutic milieu;
(b) Establishment of a policy that requires
assigned personnel to know the whereabouts of each person served at all times;
(c) Provision of quality clinical
services that meet the individual medical, psychological, personal needs,
choices and promotes individual recovery of persons served; and
(d) Periodic determination of trends related
to patient abuse or neglect.
(3) The CEO shall be
responsible for reporting and investigating procedures for inpatient services
as follows:
(a) Requiring the
RPH police chief to:
(i) Thoroughly investigate reports of alleged
patient abuse or neglect in accordance with rule
5122-7-04 of the Administrative
Code, submit a written report on a security report form to the chiefCEO or
designee within forty-eight hours of the reported incident, and determine
if the conduct of the employee is in violation of any standard of care under
paragraph (F) of this rule;
(ii)
prior to any interviews or conversations regarding the allegation of
abuse/neglect, persons served are to be provided any reasonable accommodation,
close-captioned TV, qualified interpreter, reader, communication device or
other communication assistance; and
(iii) Based on the provision of the
reasonable accommodation outlined in paragraph (G)((3)(a)(ii) of this rule,
advise the person served of his/her right to request the presence of the client
rights advocate during the interview.
(b) Notifying the following persons and
agencies:
(i) The deputy director of
hospital
services of ODMH;
(ii) The Ohio state highway patrol
immediately, and sheriff, or police if applicable when there are allegations of
criminal acts;
(iii) With
appropriate authorizations for release of information, the patient's family,
next of kin, or guardian(s) of the person as soon as possible but no later than
twenty-four hours and, when completed, ofthe results ofthe investigation; and
(iv) The
RPH client
rights specialist.
(c) Immediately removing an employee alleged
to be involved in suspected patient abuse or neglect from direct patient care
until completion of the investigation when the incident dictates such action.
(4) Each
CEO or designee shall promulgate procedures for
reporting, investigating, and resolving incidents of alleged abuse and neglect
for community support network employees.
(5) The CEO or designee shall
be responsible for implementing prompt employee disciplinary action pursuant to
departmental policy and under section
124.34 of the Revised Code when
a charge of patient abuse or neglect by an employee is substantiated.
(H) Employee
responsibility
(1) Each employee who has
knowledge of apparent or alleged abuse or neglect of a person served shall be
obligated to report such incidents to his or her immediate supervisor, or
designee, who will immediately inform the CEO and the
security/police department. Any injury to a person served shall be reported
immediately to a physician.
(2)
The employee shall follow through by completing the appropriate ODMH designated
incident form. Failure to do so shall be considered neglect of duty and
the
employee will be subject to disciplinary action.