Section 5.05 - MistreatmentNo provider subject to 115 CMR 5.00 shall mistreat an individual or permit the mistreatment of an individual by persons in its employ or subject to its direction. Mistreatment includes any intentional or negligent action or omission which exposes an individual to a serious risk of physical or emotional harm. Mistreatment includes, but is not limited to:
(a) Corporal punishment or any other unreasonable use or degree of force or threat of force not necessary to protect the individual or another person from bodily harm;(b) Infliction of mental or verbal abuse, such as screaming, name calling, or any other activity damaging to the individual's self respect;(c) Incitement or encouragement of individuals or others to mistreat an individual;(d) Transfer or the threat of transfer of an individual for punitive reasons;(e) Termination of services or supports or threat of termination of services or supports for punitive reasons;(f) Any act in retaliation against an individual for reporting any violation of the Department's regulations;(g) The use of any restraint as punishment, for the convenience of staff, or otherwise in violation of 115 CMR 5.11 and 5.14;(h) Sexual abuse of an individual;(i) Intentional failure to obtain or render medical services;(j) Misappropriation of an individual's funds; and(k) Any act in violation of 115 CMR 5.00.Amended by Mass Register Issue 1411, eff. 2/21/2020.