Abuse, Neglect & Exploitation Training

What is Abuse? • PHYSICAL: When the alleged perpetrator is an employee, agent, or contractor, physical abuse is defined as: (1) an act or failure to act performed knowingly, recklessly, or intentionally, including incitement to act, which caused or may have caused physical injury or death to a person served (2) an act of inappropriate or excessive force or corporal punishment, regardless of whether the act results in a physical injury to a person served; or (3) the use of chemical or bodily restraints on a person served not in compliance with federal and state laws and regulations. • SEXUAL: (a) When the alleged perpetrator is an employee, agent, or contractor, sexual abuse is defined as any sexual activity, including but not limited to: (1) kissing a person served with sexual intent (2) hugging a person served with sexual intent (3) stroking a person served with sexual intent (4) fondling a person served with sexual intent (5) engaging in with a person served: (A) sexual conduct as defined in the Texas Penal Code, §43.01; or (B) any activity that is obscene as defined in the Texas Penal Code, §43.21 (6) requesting, soliciting, or compelling a person served to engage in: (A) sexual conduct as defined in the Texas Penal Code, §43.01; or (B) any activity that is obscene as defined in the Texas Penal Code, §43.21 (7) in the presence of a person served: (A) engaging in or displaying any activity that is obscene, as defined in the Texas Penal Code §43.21; or (B) requesting, soliciting, or compelling another person to engage in any activity that is obscene, as defined in the Texas Penal Code §43.21. (8) committing sexual exploitation as defined in §711.15 of this title (relating to How is sexual exploitation defined?) against a person served. (9) committing sexual assault as defined in the Texas Penal Code §22.011, against a person served (10) committing aggravated sexual assault as defined in the Texas Penal Code, §22.021, against a person served; and (11) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, videotaping, or depicting of a person served if the employee, agent, or contractor knew or should have known that the resulting photograph, film, videotape, or depiction of the person served is obscene as defined in the Texas Penal Code, §43.21, or is pornographic. (b) Notwithstanding any other provision in this section, consensual sexual activity between an employee, agent, or contractor, and an alleged victim is not considered sexual abuse if the consensual sexual relationship began prior to the employee, agent, or contractor becoming a paid employee, agent, or contractor. • VERBAL: (a) When the alleged perpetrator is an employee, agent, or contractor, verbal/emotional abuse is defined as any act or use of verbal or other communication, including gestures, to: (1) curse, vilify, or degrade a person served; or (2) threaten a person served with physical or emotional harm. Report to 800-252-8154 One Hour to Report Revision 05/21/20 2 (b) In order for the definition of verbal/emotional abuse to be met, the act or communication must: (1) result in observable distress or harm to the person served; or (2) be of such a serious nature that a reasonable person would consider it harmful or causing distress. What is Neglect? When the alleged perpetrator is an employee, agent, or contractor, neglect is defined as a negligent act or omission by any individual responsible for providing services to a person served, which caused or may have caused physical or emotional injury or death to a person served or which placed a person served at risk of physical or emotional injury or death. Neglect includes, but is not limited to, the failure to: (1) establish or carry out an appropriate individual program plan or treatment plan for a person served, if such failure results in a specific incident or allegation involving a person served. (2) provide adequate nutrition, clothing, or health care to a specific person served in a residential or inpatient program; or (3) provide a safe environment for a specific person served, including the failure to maintain adequate numbers of appropriately trained staff, if such failure results in a specific incident or allegation involving a person served. What is Exploitation? When the alleged perpetrator is an employee, agent, or contractor, exploitation is defined as the illegal or improper act or process of using a person served or the resources of a person served for monetary or personal benefit, profit, or gain. SEXUAL EXPLOITATION: When the alleged perpetrator is an employee, agent, or contractor, sexual exploitation is defined as a pattern, practice, or scheme of conduct against a person served, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. (b) The term does not include obtaining information about a patient's sexual history within standard accepted clinical practice. • ONE HOUR to report from the time you are made aware of the allegation. • Call 800-252-8154 to make a report. By signing below, you are documenting that you have read, understand and were given an opportunity to ask questions about this in-service.

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