Utah Administrative Code
Topic - Workforce Services
Title R982 - Administration
Rule R982-601 - Provider Code of Conduct
Section R982-601-104 - Definitions of Abuse, Sexual Abuse and Sexual Exploitation, Neglect, Exploitation, and Maltreatment
Universal Citation: UT Admin Code R 982-601-104
Current through Bulletin 2024-06, March 15, 2024
(1) Abuse of clients may includes:
(a) harm or threatened
harm to the physical or emotional health and welfare of a client;
(b)unlawful confinement;
(c) deprivation of life-sustaining
treatment;
(d)physical injury
including:
(i)any contusion of the
skin;
(ii)laceration;
(iii)malnutrition;
(iv)burn;
(v)fracture of any bone;
(vi)subdural hematoma;
(vii) injury to any internal organ;
(viii)any injury causing bleeding;
or
(ix)causing, allowing, or
maintaining any physical condition which imperils a client's health or welfare;
or
(e)any type of physical
hitting or corporal punishment inflicted in any manner upon the body.
(d) Any type of physical hitting or corporal
punishment inflicted in any manner upon the body.
(2)Sexual abuse and sexual exploitation includes:
(a)engaging in sexual intercourse
with any client;
(b) touching the
anus or any part of the genitals or otherwise taking indecent liberties with a
client, or causing any individual to take indecent liberties with a client with
the intent to arouse or gratify the sexual desire of any person;
(c)employing, using, persuading, inducing,
enticing, or coercing a client to pose in the nude;
(d)employing, using, persuading, inducing,
enticing or coercing a client to engage in any sexual or simulated sexual
conduct for the purpose of photographing, filming, recording, or displaying in
any way the sexual or simulated sexual conduct;
(e) displaying, distributing, possessing for
the purpose of distribution, or selling material depicting nudity, or engaging
in sexual or simulated sexual conduct with a client; or
(f)committing or attempting to commit acts of
sodomy or molestation with a client.
(3)Sexual abuse and sexual exploitation does not include therapeutic processes used in the treatment of sexual deviancy or dysfunction which have been outlined in the client's treatment plan and is in accordance with written agency policy.
(4)Neglect includes:
(a)denial of sufficient nutrition;
(b) denial of sufficient sleep;
(c)denial of sufficient clothing or
bedding;
(d)failure to provide
adequate supervision, including impairment of employee due to use of alcohol or
drugs, illness, or sleeping, resulting in inadequate supervision;
(e)failure to arrange for medical care or
medical treatment as prescribed or instructed by a physician when not
contraindicated by agency after consultation with agency physician;
or
(f)denial of sufficient shelter,
except in accordance with the written agency policy.
(5) Exploitation includes:
(a) utilizing the labor of a client without
giving just or equivalent return except as part of a written agency policy
which is in accordance with reasonable therapeutic interventions and
goals;
(b)using property belonging
to clients;
(c) accepting gifts as
a condition of receipt of program services.
(6) Maltreatment includes:
(a) physical exercises, such as running laps
or performing pushups, except in accordance with an individual's service plan
and written agency policy;
(b)chemical, mechanical or physical
restraints except when authorized by individual's service plan and administered
by appropriate personnel or when threat of injury to the client or any other
person exists;
(c) assignment
unduly physically strenuous or harsh work;
(d)requiring or forcing the individual to
take an uncomfortable position, such as squatting or bending, or requiring or
forcing the individual to repeat physical movements when used solely as a means
of punishment;
(e)group punishments
for misbehaviors of individuals except in accordance with the written agency
policy;
(f) verbal abuse by agency
personnel, including engaging in language whose intent or result is demeaning
to the client except in accordance with written agency policy which is in
accordance with reasonable therapeutic interventions and goals;
(g)denial of any essential program service
solely for disciplinary purposes except in accordance with written agency
policy;
(h)denial of visiting or
communication privileges with family or significant others solely for
disciplinary purposes except in accordance with written agency
policy;
(i)requiring the individual
to remain silent for long periods of time solely for punishment;
(j)excessive withholding of emotional
response or stimulation; or
(k)excluding a client from entry to a
residence except in accordance with the written agency
policy.
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