§ 488. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n 1. "Reportable incident" shall mean the following conduct that a\nmandated reporter is required to report to the vulnerable persons'\ncentral register:\n (a) "Physical abuse," which shall mean conduct by a custodian\nintentionally or recklessly causing, by physical contact, physical\ninjury or serious or protracted impairment of the physical, mental or\nemotional condition of a service recipient or causing the likelihood of\nsuch injury or impairment. Such conduct may include but shall not be\nlimited to: slapping, hitting, kicking, biting, choking, smothering,\nshoving, dragging, throwing, punching, shaking, burning, cutting or the\nuse of corporal punishment. Physical abuse shall not include reasonable\nemergency interventions necessary to protect the safety of any person.\n (b) "Sexual abuse," which shall mean any conduct by a custodian that\nsubjects a person receiving services to any offense defined in article\none hundred thirty or section 255.25, 255.26 or 255.27 of the penal law;\nor any conduct or communication by such custodian that allows, permits,\nuses or encourages a service recipient to engage in any act described in\narticles two hundred thirty or two hundred sixty-three of the penal law.\nFor purposes of this paragraph only, a person with a developmental\ndisability who is or was receiving services and is also an employee or\nvolunteer of a service provider shall not be considered a custodian if\nhe or she has sexual contact with another service recipient who is a\nconsenting adult who has consented to such contact.\n (c) "Psychological abuse," which shall mean conduct by a custodian\nintentionally or recklessly causing, by verbal or non-verbal conduct, a\nsubstantial diminution of a service recipient's emotional, social or\nbehavioral development or condition, supported by a clinical assessment\nperformed by a physician, psychologist, psychiatric nurse practitioner,\nlicensed clinical or master social worker or licensed mental health\ncounselor, or causing the likelihood of such diminution. Such conduct\nmay include but shall not be limited to intimidation, threats, the\ndisplay of a weapon or other object that could reasonably be perceived\nby a service recipient as a means for infliction of pain or injury, in a\nmanner that constitutes a threat of physical pain or injury, taunts,\nderogatory comments or ridicule.\n (d) "Deliberate inappropriate use of restraints," which shall mean the\nuse of a restraint when the technique that is used, the amount of force\nthat is used or the situation in which the restraint is used is\ndeliberately inconsistent with a service recipient's individual\ntreatment plan or behavioral intervention plan, generally accepted\ntreatment practices and/or applicable federal or state laws, regulations\nor policies, except when the restraint is used as a reasonable emergency\nintervention to prevent imminent risk of harm to a person receiving\nservices or to any other person. For purposes of this subdivision, a\n"restraint" shall include the use of any manual, pharmacological or\nmechanical measure or device to immobilize or limit the ability of a\nperson receiving services to freely move his or her arms, legs or body.\n (e) "Use of aversive conditioning," which shall mean the application\nof a physical stimulus that is intended to induce pain or discomfort in\norder to modify or change the behavior of a person receiving services in\nthe absence of a person-specific authorization by the operating,\nlicensing or certifying state agency pursuant to governing state agency\nregulations. Aversive conditioning may include but is not limited to,\nthe use of physical stimuli such as noxious odors, noxious tastes,\nblindfolds, the withholding of meals and the provision of substitute\nfoods in an unpalatable form and movement limitations used as\npunishment, including but not limited to he
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