105. Mass. Code Regs. 155.003. - Definitions

“Definitions”
 
This section defines “abuse”as the willful infliction of injury, unreasonable confinement, intimidation, including verbal or mental abuse, or punishment with resulting physical harm, pain, or mental anguish, or assault and battery.
The law sets the standards to determine whether or not abuse has occurred.  Among these are an individual has made or caused physical contact with the patient or resident in question, either through direct bodily contact or through the use of some object or substance; the physical contact in question resulted in death, physical injury, pain or psychological harm to the patient or resident in question; and the physical contact in question cannot be justified. A patient or resident has been abused if an individual has knowingly and willfully used oral, written, or gestured language with the intent to injure, confine, intimidate, or punish the patient or resident in question.  Physical contact with a patient or resident which harms that patient or resident, and which occurs for the purpose of retaliating against that patient or resident, shall constitute abuse. 
The section defines “mistreatment” as the use of medications, or treatments, or isolation, or physical or chemical restraints that harm or are likely to harm the patient or resident. It also sets a standard for determining whether or not mistreatment has occurred. Among these are if an individual used some type of medication, treatment, isolation technique or restraint on the patient or resident; and it was contrary to the patient or resident's expressed decision to refuse such treatment, or contrary to the patient's or resident's written care plan; and the particular use of the medication, treatment, isolation technique or restraint resulted, or was likely to result, in harm to the patient or resident involved; and it cannot be justified.
“Neglect” is defined as failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness. In determining whether or not neglect has occurred, this section establishes concrete standards. Among these are an individual has failed to provide appropriate care, treatment or service to the patient or resident; and such failure was either intentional or the result of carelessness; and which resulted in harm to the patient or resident, or a deterioration in the patient or resident's physical, mental or emotional condition.