Section 30-47-3 - Definitions. - New Mexico Statutes

30-47-3. Definitions.

As used in the Resident Abuse and Neglect Act:

A.     "abuse" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including:

(1)     physical contact that harms or is likely to harm a resident of a care facility;

(2)     inappropriate use of a physical restraint, isolation or medication that harms or is likely to harm a resident;

(3)     inappropriate use of a physical or chemical restraint, medication or isolation as punishment or in conflict with a physician's order;

(4)     medically inappropriate conduct that causes or is likely to cause physical harm to a resident;

(5)     medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident; or

(6)     an unlawful act, a threat or menacing conduct directed toward a resident that results and might reasonably be expected to result in fear or emotional or mental distress to a resident;

B.     "care facility" means a hospital; skilled nursing facility; intermediate care facility; care facility for the mentally retarded; psychiatric facility; rehabilitation facility; kidney disease treatment center; home health agency; ambulatory surgical or outpatient facility; home for the aged or disabled; group home; adult foster care home; private residence that provides personal care, sheltered care or nursing care for one or more persons; a resident's or care provider's home in which personal care, sheltered care or nursing care is provided; adult day care center; boarding home; adult residential shelter care home; and any other health or resident care related facility or home, but does not include a care facility located at or performing services for any correctional facility;

C.     "department" means the human services department or its successor, contractor, employee or designee;

D.     "great psychological harm" means psychological harm that causes mental or emotional incapacitation for a prolonged period of time or that causes extreme behavioral change or severe physical symptoms that require psychological or psychiatric care;

E.     "great physical harm" means physical harm of a type that causes physical loss of a bodily member or organ or functional loss of a bodily member or organ for a prolonged period of time;

F.     "neglect" means, subject to the resident's right to refuse treatment and subject to the caregiver's right to exercise sound medical discretion, the grossly negligent:

(1)     failure to provide any treatment, service, care, medication or item that is necessary to maintain the health or safety of a resident;

(2)     failure to take any reasonable precaution that is necessary to prevent damage to the health or safety of a resident; or

(3)     failure to carry out a duty to supervise properly or control the provision of any treatment, care, good, service or medication necessary to maintain the health or safety of a resident;

G.     "person" means any individual, corporation, partnership, unincorporated association or other governmental or business entity;

H.     "physical harm" means an injury to the body that causes substantial pain or incapacitation; and

I.     "resident" means any person who resides in a care facility or who receives treatment from a care facility.