NAC433.200. “Abuse” and “neglect” interpreted.

     1. As used in NRS 433.554, the term:

     (a) “Abuse” includes, without limitation, physical abuse, sexual abuse, verbal and mental abuse, and financial exploitation.

     (b) “Neglect” includes, without limitation:

          (1) Failure to provide the degree of care or other service to a consumer that a person is legally required or contractually obligated to provide, which may include, without limitation, the provision of adequate medical care, nutrition, hydration, clothing or assistance with personal hygiene; and

          (2) Failure to act to prevent another person from abusing or neglecting a consumer.

     2. As used in this section:

     (a) “Financial exploitation” means the illegal or improper use of the money, property or other assets of a consumer. The term includes, without limitation:

          (1) Using a consumer’s social security number to obtain a benefit or other financial gain for a person other than the consumer; and

          (2) Diverting money or property that is intended to be used for the benefit of the consumer, including, without limitation, money provided by the State.

     (b) “Physical abuse” includes, without limitation, intentionally causing physical pain to a consumer, whether or not the action results in an observable injury to the consumer, by burning, cutting, hitting, kicking, punching, pushing, scratching, slapping, or pulling the hair of the consumer.

     (c) “Sexual abuse” includes, without limitation:

          (1) Engaging or attempting to engage in sexual conduct with a consumer, including, without limitation, the intimate touching or fondling of a consumer;

          (2) Encouraging a consumer or another person to engage in sexual conduct with a consumer;

          (3) Encouraging a consumer to solicit for, or engage in, prostitution;

          (4) Exposing a person’s genitals to a consumer or encouraging a consumer to expose his or her genitals to another person;

          (5) Encouraging a consumer to view obscene or pornographic materials; and

          (6) Using sexually degrading language or gestures toward a consumer.

     (d) “Verbal and mental abuse” includes, without limitation:

          (1) Cursing, insulting, mocking, ridiculing or taunting a consumer;

          (2) Threatening a consumer with any kind of harm or with the deprivation of any right, privilege or benefit;

          (3) Making a hostile or offensive gesture toward a consumer; and

          (4) Engaging in any action that is intended to humiliate a consumer,

Ê whether or not the consumer understands the meaning of the words, gestures or actions.

     (Added to NAC by Div. of Men. Health & Dev. Services by R063-10, eff. 12-16-2010)