CHAPTER 147

FORMERLY

HOUSE BILL NO. 167

AN ACT TO AMEND CHAPTER 85, TITLE 11 OF THE DELAWARE CODE RELATING TO ADULT ABUSE REGISTRY CHECKS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 8564(a) of Title 11 of the Delaware Code by deleting said subsection in its entirety, and by substituting in lieu thereof the following:

“(a) Definitions:

As used in this section:

(1) ‘Adult Abuse’ means:

a. Physical abuse by unnecessarily inflicting pain or injury to an infirm adult. This includes, but is not limited to, hitting, kicking, pinching, slapping, pulling hair or any sexual molestation. When any act constituting physical abuse has been proven, the infliction of pain shall be assumed.

b. Emotional abuse which includes, but is not limited to, ridiculing or demeaning an infirm adult, making derogatory remarks to an infirm adult or cursing directed towards an infirm adult, or threatening to inflict physical or emotional harm on an infirm adult.

(2) ‘Child Care Facility’ means any child care facility that is required to be licensed by the Department of Services for Children, Youth and Their Families.

(3) ‘Direct Access’ means the opportunity to have personal contact with persons receiving care during the course of one’s assigned duties.

(4) ‘Financial Exploitation’ means the illegal or improper use or abuse of an infirm adult’s resources or financial rights by another person, whether for profit or other advantage.

(5) ‘Health Care Service Provider’ means any person or entity that provides services in a custodial or residential setting where health, nutritional or personal care is provided for persons receiving care, including, but not limited to, hospitals, home health care agencies, adult care facilities, temporary employment agencies and contractors that place employees or otherwise provide services in custodial or residential settings for persons receiving care, and hospice agencies. ‘Health care services provider’ does not include any private individual who is seeking to hire a self-employed health care giver in a private home.

(6) ‘Infirm Adult’ means any person eighteen (18) years of age or older who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person’s own care and custody or any person who is a patient or resident of a nursing facility and similar facility.

(7) ‘Mistreatment’ includes the inappropriate use of medications, isolation, or physical or chemical restraints on or of an infirm adult.

(8) ‘Neglect’ means:

a. Lack of attention to physical needs of the infirm adult including, but not limited to, toileting, bathing, meals and safety;

b. Failure to report the health problems or changes in health problems or changes in health condition of an infirm adult to an immediate supervisor or nurse;

c. Failure to carry out a prescribed treatment plan for an infirm adult; or

d. A knowing failure to provide adequate staffing which results in a medical emergency to any infirm adult where there has been documented history of at least two (2) prior cited instances of such inadequate staffing levels in violation of staffing levels required by statute or regulations promulgated by the Department of Health and Social Services, all so as to evidence a willful pattern of such neglect.

(9) ‘Nursing Facility’ and ‘Similar Facility’ means any facility required to be licensed under Chapter 11 of Title 16. This includes, but is not limited to, facilities commonly called nursing homes, assisted living facilities, intermediate care facilities for persons with mental retardation, neighborhood group homes, family care homes and rest residential care facilities. Also included are the Stockley Center, the Delaware Psychiatric Center and hospitals certified by the Department of Health and Social Services pursuant to § 5001 or § 5136 of Title 16.

(10) ‘Person Receiving Care’ means a person who, because of his or her physical or mental condition, requires a level of care and services suitable to his or her needs to contribute to his or her health, comfort and welfare.

(11) ‘Person Seeking Employment’ means any person applying for employment with or in a health care service provider, nursing facility or similar facility or child care facility where the employment may afford direct access, or a person applying for licensure to operate a child care facility. It shall also include a self-employed health care giver who has direct access in any private home.”.

Approved July 12, 2005