Broadening the Definition of Abuse
Posted Sunday, April 5, 2015 by John S. Palmer
The Washington Legislature is considering a bill that would make several changes to the way “abuse” is defined by the Abuse of Vulnerable Adults Act.
The Act requires health care providers and other mandatory reporters to report suspected abuse of vulnerable adults (defined by the act to include nursing home residents, the developmentally disabled, or those over 60 who are unable to care for themselves) to DSHS, and in some cases to law enforcement. Various remedies are available to stop physical abuse and/or financial exploitation, including restraining orders.
The bill under consideration (Substitute Senate Bill 5600) would amend the definition of “abuse” to include the “improper use of restraint against a vulnerable adult”, defined as the inappropriate use of chemical, physical, or mechanical restraints for convenience or discipline or in a manner that: (a) is inconsistent with state or federal licensing/certification requirements for health care facilities or programs for the developmentally disabled; (b) is not medically authorized; or (c) otherwise constitutes abuse under the Act.
The bill also defines chemical, mechanical and physical restraint as follows:
“Chemical restraint” means the administration of any drug to manage a vulnerable adult’s behavior in a way that reduces the safety risk to the vulnerable adult or others, has the temporary effect of restricting the vulnerable adult’s freedom of movement, and is not standard treatment for the vulnerable adult’s medical or psychiatric condition.
“Mechanical restraint” means any device attached or adjacent to the vulnerable adult’s body that he or she cannot easily remove that restricts freedom of movement or normal access to his or her body. “Mechanical restraint” does not include the use of devices, materials, or equipment that are (a) medically authorized, as required, and (b) used in a manner that is consistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized under chapter 71A.12 RCW.
Physical restraint” means the application of physical force without the use of any device, for the purpose of restraining the free movement of a vulnerable adult’s body. “Physical restraint” does not include (a) briefly holding without undue force a vulnerable adult in order to calm or comfort him or her, or (b) holding a vulnerable adult’s hand to safely escort a resident from one area to another.
Finally, the bill also redefines “mental abuse” to mean “a willful verbal or nonverbal action that threatens, humiliates, harasses, coerces, intimidates, isolates, unreasonably confines, or punishes a vulnerable adult. Mental abuse may include ridiculing, yelling, or swearing.”
The bill has been determined to have no fiscal impact on the state budget, and the House Human Services, Mental Health & Housing Committee has recommended its passage.
If you have any questions or would like to schedule an appointment, please call us at (425) 455-5513, toll free at (877) 455-5513, or info@palmerlegal.com.