(1) Physical abuse, intentionally or recklessly causing, by physical contact, physical injury or serious or protracted impairment of the physical, mental, or emotional condition of a patient or causing the likelihood of such injury or impairment; such conduct may include, but is not limited to slapping, hitting, kicking, biting, choking, smothering, shoving, dragging, throwing, punching, shaking, burning, cutting, or the use of corporal punishment, provided, however, that this shall not include reasonable emergency interventions necessary to protect the safety of any person.

(2) Psychological abuse, intentionally or recklessly causing, by verbal or non-verbal conduct, a substantial diminution of a patient’s emotional, social or behavioral development or condition, supported by a clinical assessment performed by a physician, psychologist, psychiatric nurse practitioner, licensed clinical or master social worker or licensed mental health counselor, or causing the likelihood of such diminution. Such conduct may include, but shall not be limited to, intimidation, threats, the display of a weapon or other object that could reasonably be perceived by a service recipient as a means for infliction of pain or injury, in a manner that constitutes a threat of physical pain or injury, taunts, derogatory comments, or ridicule.

(3) Sexual abuse, conduct that subjects a patient to any offense defined in article 130 (sex offenses) or section 255.25 (incest, 3rd degree), 255.26 (incest, 2nd degree), or 255.27 (incest, 1st degree) of the Penal Law, or any conduct or communication that allows, permits, uses or encourages a patient to engage in any act described in articles 230 (prostitution offenses) or 263 (sexual performance by a child) of the Penal Law.

(4) Deliberate inappropriate use of restraint.

(5) Obstruction of reports of reportable incidents.

Conduct that impedes the discovery, reporting or investigation of treatment of a patient by falsifying records related to the safety, treatment or supervision of a patient, actively persuading a mandated reporter from making a report of a reportable incident to the Statewide Vulnerable Persons’ Central Register with the intent to suppress the reporting or the investigation of an incident, intentionally making a false statement or intentionally withholding material information during an investigation into such a report in accordance with governing state agency regulations, policies, or procedures; intentional failure of a supervisor or manager to act upon such a report, or failure by a mandated reporter to report a reportable incident upon discovery, (unless the report is made in accordance with the provisions of section 524.8[e] of this Part).

(6) Unlawful use or administration of a controlled substance.

Any administration to a patient of a controlled substance, as defined by article 33 of the Public Health Law without a lawful prescription, or other medication not approved for any use by the Federal Food and Drug Administration, and/or unlawful use or distribution of a controlled substance as defined by article 33 of the Public Health Law at the workplace or while on duty.

(7) Aversive conditioning.

The use of unpleasant physical stimulus to modify behavior without person-specific legal authorization, provided, however, that any use of aversive conditioning is prohibited in facilities under the jurisdiction of the office.

(1) the source of the injury was not observed by any person or the source of the injury could not be explained by the patient or other person; and

(2) the injury is suspicious because of the extent of the injury, the location of the injury (e.g., the injury is located in an area not generally vulnerable to trauma), the number of injuries observed at one particular point in time, or the frequency of the incidence of injuries over time.

(1) A patient of an inpatient or residential program who has not been accounted for when expected to be present (in accordance with facility or program practice or policies) and who has not been found on the facility grounds or other expected location, or who is known to have left the facility grounds without the permission of an employee, when such permission is otherwise required and who is considered dangerous to others or unable to care for him/herself; or

(2) a patient of an outpatient mental health program who is under the age of 18, and whose whereabouts are not accounted for when expected to be present or under the supervision of an employee.

(1) Use of restraint, as defined in section 526.4 of this Title, that is inappropriate because it was implemented without a valid physician’s order or in a manner that was otherwise not compliant with applicable State or Federal regulations, but which does not rise to the level of physical abuse, as defined in this section;

(2) use of seclusion, as defined in section 526.4 of this Title, that was unauthorized because it was implemented without a valid physician’s order or in a manner that was otherwise not compliant with applicable State or Federal regulations;

(3) removal of a patient from regular programming and isolate him/her in an area for the convenience of a custodian or as a substitute for programming; or

(4) any intentional administration to a patient of a prescription drug or over-the-counter medication which is not in substantial compliance with a physician's, dentist's, physician's assistant's, specialist’s assistant’s, or nurse practitioner's prescription.

(1) failure to provide proper supervision, including a lack of proper supervision that results in conduct between persons receiving services that would constitute abuse if committed by a custodian;

(2) failure to provide adequate food, clothing, shelter, medical, dental, optometric or surgical care, consistent with the rules or regulations of the office, provided that the mental health provider has reasonable access to the provision of such services and that necessary consents to any such medical, dental, optometric or surgical treatment have been sought and obtained from the appropriate individuals; and

(3) failure to provide access to educational instruction, by a custodian with a duty to ensure that an individual receives access to such instruction in accordance with the provisions of part one of article 65 of the Education Law and/or the patient’s individualized education program.

(1) results in transfer to an emergency room, admission to a medical facility, or a longer hospital stay;

(2) requires intervention to prevent permanent impairment;

(3) results in permanent disability;

(4) results in congenital anomaly (birth defect);

(5) is life threatening; or

(6) results in death.

(1) any non-accidental physical contact with a patient which causes minor injury or has the reasonably foreseeable potential to cause injury, provided however that this shall not include the application of restraint, when such application is necessary and performed in accordance with applicable laws and regulations, or reasonable emergency interventions necessary to protect the safety of any person;

(2) intentional verbal or nonverbal conduct that is meant to cause a patient emotional distress, but which does not result in harm, or results in only minor harm, to the patient. Examples include taunting, name calling, issuing threats, using insulting, disrespectful, or coarse language or gestures directed toward a patient; violating patient rights or misusing authority;

(3) activity of a sexual nature (physical or non-physical) involving a patient and a custodian; or activity of a sexual nature involving a patient that is encouraged by a custodian. Examples include inappropriate touching or physical contact, sending sexually explicit materials through electronic means (including mobile phones, electronic mail, etc.), voyeurism, or sexual exploitation; or

(4) conduct that falls below the standards of behavior established in regulations or facility policies and procedures for the protection of patients against unreasonable risk of harm (e.g., sleeping while on duty).