460 Ind. Admin. Code 6-9-3

Current through December 25, 2024

Section 460 IAC 6-9-3 - Prohibiting violations of individual rights

Authority: IC 12-9-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12

Affected: IC 12-11-1.1; IC 12-11-2.1

Sec. 3.

(a) A provider shall not:

(1) abuse, neglect, exploit, or mistreat an individual; or

(2) violate an individual's rights.

(b) A provider who delivers services through employees or agents shall adopt policies and procedures that prohibit:

(1) abuse, neglect, exploitation, or mistreatment of an individual; or

(2) violation of an individual's rights.

(c) Practices prohibited under this section include the following:

(1) Corporal punishment inflicted by the application of painful stimuli to the body, which includes:

(A) forced physical activity;

(B) hitting;

(C) pinching;

(D) the application of painful or noxious stimuli;

(E) the use of electric shock; or

(F) the infliction of physical pain.

(2) Seclusion by placing an individual alone in a room or other area from which exit is prevented.

(3) Verbal abuse, including screaming, swearing, name-calling, belittling, or other verbal activity that may cause damage to an individual's self-respect or dignity.

(4) A practice that denies an individual any of the following without a physician's order:

(A) Sleep.

(B) Shelter.

(C) Food.

(D) Drink.

(E) Physical movement for prolonged periods of time.

(F) Medical care or treatment.

(G) Use of bathroom facilities.

(5) Work or chores benefiting [sic., benefitting] others without pay unless:

(A) the provider has obtained a certificate from the United States Department of Labor authorizing the employment of workers with a disability at special minimum wage rates;

(B) the services are being performed by an individual in the individual's own residence as a normal and customary part of housekeeping and maintenance duties; or

(C) an individual desires to perform volunteer work in the community.

460 IAC 6-9-3

Division of Disability and Rehabilitative Services; 460 IAC 6-9-3; filed Nov 4, 2002, 12:04 p.m.: 26 IR 765; readopted filed Sep 26, 2008, 11:11 a.m.: 20081015-IR-460080618RFA; Readopted filed 8/11/2014, 11:20 a.m.: 20140910-IR-460140241RFA

Readopted filed 11/9/2020, 3:08 p.m.: 20201209-IR-460200501RFA