1. (a) Custodian means:

   1. (1) a director, operator, employee or volunteer of a mental health provider; or
   2. (2) a contractor that performs services pursuant to a contract that permits regular and substantial contact with patients of a mental health provider.
2. (b) Discovery means at the time a mandated reporter witnesses an activity which appears to be a reportable incident or when any other person comes before the mandated reporter in his or her professional or official capacity and provides information that gives the mandated reporter reasonable cause to suspect that a reportable incident has occurred.
3. (c) Employee or staff means an administrator, employee, consultant, volunteer or student affiliated with a mental health provider as such term is defined in this section, or a person employed by an entity which has a contract with such a program or provider, but shall not include employees or volunteers who are also patients of the mental health provider.
4. (d) First aid means one-time treatment, and any follow up, of minor scratches, cuts, burns, splinters, or other minor injuries which do not ordinarily require medical care.
5. (e) Incident means an event, involving a patient who receives services provided by a mental health provider which has, or creates a risk of, an adverse effect on the life, health, safety, or welfare of the patient or another person. For purposes of this Part, the term incident shall include any incident requiring reporting and investigation under this Part, including reportable incidents, patient death, and incidents that must be reported to the Office of Mental Health.
6. (f) Investigation means the systematic collection and examination of the information and circumstances surrounding an incident.
7. (g) Justice Center means the New York State Justice Center for the Protection of People with Special Needs.
8. (h) Local governmental unit means the unit of local government given authority in accordance with article 41 of the Mental Hygiene Law to provide local or unified services.

9. (i) Mandated reporter means a certain person or professional, identified in subdivision (5) of section 488 of the Social Services Law, not including a patient, who is required to report allegations of Reportable Incidents to the Vulnerable Persons' Central Register immediately upon discovery, including:

   1. (1) a custodian; or
   2. (2) a human services professional, including any: physician; registered physician assistant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; psychologist; registered nurse; licensed practical nurse; nurse practitioner; social worker; emergency medical technician; licensed creative arts therapist; licensed marriage and family therapist; licensed mental health counselor; licensed psychoanalyst; licensed behavior analyst, certified behavior analyst assistant; licensed speech/language pathologist or audiologist; licensed physical therapist; licensed occupational therapist; hospital personnel engaged in the admission, examination, care or treatment of persons; Christian Science practitioner; school official, which includes but is not limited to school teacher, school guidance counselor, school psychologist, school social worker, school nurse, school administrator or other school personnel required to hold a teaching or administrative license or certificate; full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate; social services worker; any other child care or foster care worker; mental health professional; person credentialed by the office of alcoholism and substance abuse services; peace officer; police officer; district attorney or assistant district attorney; investigator employed in the office of a district attorney; or other law enforcement official.
10. (j) Mental health provider means a provider or program operated or licensed by the Office of Mental Health.

11. (k) Minor injury or harm means:

    1. (1) physical pain or injury requiring no medical treatment or intervention, or no medical treatment or intervention beyond first aid; or
    2. (2) no apparent psychological harm, or psychological harm that does not require a significant change in psychotropic or psychotherapeutic intervention.
12. (l) Office means the New York State Office of Mental Health, the state oversight agency for mental health providers, as such term is defined in this section.
13. (m) Patient means an individual who receives services from a mental health provider.
14. (n) Qualified person means any person who may request access to a patient’s clinical record in accordance with section 33.16 of the Mental Hygiene Law.
15. (o) Reportable incident means significant incidents and allegations of abuse and neglect that must be reported to the Justice Center for the Protection of Persons with Special Needs and the office.
16. (p) Restraint means the use of any manual, pharmacological or mechanical measure or device to immobilize or limit the ability of a person receiving services to freely move his or her arms, legs or body.

17. (q) Serious injury or harm, means:

    1. (1) physical harm requiring medical treatment or intervention beyond first aid (excluding routine diagnostic tests such as laboratory work, X-rays, or scans if no medical treatment is provided);
    2. (2) psychological harm evidenced by negative changes in affect, behavior, cognition, or which necessitate a significant change in psychotropic or psychotherapeutic intervention; or
    3. (3) a risk for life threatening physical injury or for psychiatric emergency or trauma.
18. (r) Significant incident means a reportable incident, other than an incident of abuse or neglect, that because of its severity or the sensitivity of the situation may result in, or has the reasonably foreseeable potential to result in, harm to the health, safety or welfare of a patient.
19. (s) Vulnerable Persons’ Central Register means the statewide Vulnerable Persons’ Central Register of the Justice Center established pursuant to section 492 of the Social Services Law.

As used in this Part: