Presentation on theme: "WELCOME TO THE MUI RULE TRAINING Incidents Affecting Health and Safety Presented By: Kelli Nenni-Parker, Investigative Agent & Jim Crist, Investigative."— Presentation transcript:
WELCOME TO THE MUI RULE TRAINING Incidents Affecting Health and Safety Presented By: Kelli Nenni-Parker, Investigative Agent & Jim Crist, Investigative Agent
Everyone must report! Mandated reporter (ORC 5123.61) Responsibility to protect the health/safety of our consumers Our reporting system is only as good as the people who report the concerns
Major Unusual Incidents As a mandated reporter, you are required to report all: Alleged MUI’s Suspected MUI’s Actual Occurrences of MUI’s
New Criminal Offenses Client Endangerment (ORC 2903.341) When an MRDD caretaker creates a substantial risk to the health or safety of a client Mandated Reporters (ORC 2151.421) Everyone who interacts with a client with MRDD is a mandated reporter Sexual Conduct/Contact (ORC 5123.541) No MRDD employee shall engage in sexual contact/conduct with a client with MRDD
Criminal Penalty Statute ORC 5126.058 – States that ANYONE who fails to report and is an MRDD employee shall be eligible to be included on the Abuser Registry. ORC 5123.99 – States that failure to report is a fourth degree misdemeanor and if the incident constitutes a felony, the offense becomes a second degree misdemeanor for the person who failed to report the incident.
Receiving Services v. Not Receiving Services When an individual is WITH a provider, everything is an MUI When an individual is NOT with a provider, the only incidents that are considered MUI’s are: - abuse- exploitation - neglect- death - misappropriation- prohibited sexual relations - failure to report
Physical Abuse Physical Force Reasonably be expected to result in harm Examples: Hitting, slapping, pushing, dragging or throwing an object when the allegation indicates that it could reasonably result in harm
Verbal Abuse The purposeful use of words/gestures to threaten, coerce, intimidate or harass an individual. (what was their reaction?)
Sexual Abuse Unlawful sexual contact or conduct Now includes public indecency, importuning, and voyeurism
Neglect When there is a duty to do so Failing to provide treatment, care, goods, supervision, or services That result in a reasonable risk of harm
Failure to report (Criminal) Person has reason to believe Individual suffered or faces substantial risk of suffering Any wound, injury, disability or condition to reasonably indicate abuse or neglect (including misappropriation) Did not immediately report to law enforcement of the county board
Failure to report (Registry) MR/DD employee reasonably failed to report abuse or neglect Knew or should have known Failure would result in a substantial risk of harm
Exploitation Unlawful or improper act – using an individual for personal gain, benefit, or profit
Misappropriation With intent Deprive, defraud, or otherwise obtain the real or personal property of an individual As prohibited in the Ohio Revised Code sections 2911 and 2913
Missing Person - Incident has been reviewed for neglect - Not located per ISP and actions identified in the plan and search of the immediate area Or - Law enforcement called to assist in search
Medical Emergency Changed to include that an I.V. is now only considered a medical emergency if it was for lifesaving purposes (Heimlich, CPR, and IV for dehydration)
Known Injury Known Cause Not Abuse or Neglect Requires: 1. Immobilization or casting 2. Five or more sutures or equivalent 3. 2 nd or 3 rd degree burns 4. Dental Injuries 5. Injury that prohibits participation in daily routine tasks for more that 2 consecutive days
Unknown Injury Unknown cause Not abuse or neglect Requires treatment that only a physician, physician assistant, or nurse practitioner can provide
Law Enforcement Individual is charged, arrested or incarcerated
Peer-to-Peer Acts - One individual against another - Physical abuse with intent to harm - Verbal abuse with intent to threaten - Sexual Abuse - Exploitation - Or misappropriation ($10.00 or more).
Prohibited Sexual Relations Any sexual conduct or contact with an individual (consensual or otherwise) with an MR/DD employee
Rights Code Violation Any violation of rights listed in the Ohio Revised Code 5123.62 and it creates a reasonable risk of harm
Unapproved Behavior Support Any adverse strategy or intervention Implemented without approval by committee and guardian or without informed consent
Unscheduled Hospitalization Hospital admission that is not scheduled Unless: 1. Due to condition specified in ISP or nursing care plan 2. Specific symptoms and criteria must be listed that lead to hospitalization
No longer MUI’s - Relocation - Series of incidents/Patterns or trends
The Provider ResponsibilitiesNotifications Reporting Responsibilities andTimeframes
Responsibilities Take all reasonable measures to ensure health & safety. Such measures include: Immediate & on-going medical attention Removal of an employee involved in allegations of abuse and/or neglect Anything else that affects the health/safety of an individual The provider & CB will discuss any disagreements. If the provider & CB are not able to reach an agreement, then ODMR/DD shall make the determination.
Responsibilities Nothing in the rule shall prohibit a provider from contacting: Law Enforcement Children Services
Notifications/ Reporting Responsibilities Within 4 hours, notify the CB: Sexual or Physical abuse Misappropriation Neglect Exploitation Media inquiries for an MUI that was not previously reported Suspicious or accidental death SUBMIT WRITTEN REPORT BY 3:00 PM NEXT WORKING DAY
Reporting Requirements/ Timeframes for all other MUI’s Submit a written incident report to the County Board by 3:00 p.m. the next working day following your initial knowledge – the SOONER the BETTER!
Reporting Responsibilities/ Timeframes Verbally notify the legal guardian or advocate selected by the individual with 24 hours of becoming aware of the MUI unless the guardian/advocate is the Primary Person Involved Document all efforts made to complete the guardian notification
Unusual Incident Reports Write incident reports for anything that occurs that is unusual for the person receiving services (medication errors, falls, peer-to-peer (non-MUI’s), overnight relocation, injuries) When in doubt, write it up anyway DO NOT NEED TO DETERMINE IF THE INCIDENT IS AN MUI!!!!