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. (1) abuse, neglect, exploit, or mistreat an individual; or
2. (2) violate an individual's rights.

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

1. (1) abuse, neglect, exploitation, or mistreatment of an individual; or
2. (2) violation of an individual's rights.

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

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

   1. (A) forced physical activity;
   2. (B) hitting;
   3. (C) pinching;
   4. (D) the application of painful or noxious stimuli;
   5. (E) the use of electric shock; or
   6. (F) the infliction of physical pain.
2. (2) Seclusion by placing an individual alone in a room or other area from which exit is prevented.
3. (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. (4) A practice that denies an individual any of the following without a physician's order:

   1. (A) Sleep.
   2. (B) Shelter.
   3. (C) Food.
   4. (D) Drink.
   5. (E) Physical movement for prolonged periods of time.
   6. (F) Medical care or treatment.
   7. (G) Use of bathroom facilities.

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

   1. (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;
   2. (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
   3. (C) an individual desires to perform volunteer work in the community.

(Division of Disability, Aging, 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 Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA)