Pennsylvania Statutes Title 63 P.S. Professions and Occupations (State Licensed) § 672. Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Abuse.” The occurrence of one or more of the following acts:

(1) The infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish.

(2) The willful deprivation by a caretaker of goods or services which are necessary to maintain physical or mental health.

(3) Abuse as defined in 23 Pa.C.S. Ch. 61 (relating to protection from abuse).

No older adult shall be found to be abused solely on the grounds of environmental factors which are beyond the control of the older adult or the caretaker, such as inadequate housing, furnishings, income, clothing or medical care.

“CMS.” The Centers for Medicare and Medicaid Services.

“COVID-19.” The Coronavirus Disease 2019, an infectious disease caused by severe acute respiratory syndrome coronavirus 2 that was first identified during December 2019 in Wuhan, China.

“Department.” The Department of Education of the Commonwealth.

“Exploitation.” An act or course of conduct by a caretaker or other person against an older adult or an older adult's resources, without the informed consent of the older adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the older adult.

“Hiring entity.”A nursing facility or other health care facility in which a nurse aide has been hired to perform nurse aide duties.

“Neglect.” The failure to provide for oneself or the failure of a caretaker to provide goods or services essential to avoid a clear and serious threat to physical or mental health. An older adult who does not consent to the provision of protective services shall not be found to be neglected solely on the grounds of environmental factors which are beyond the control of the older adult or the caretaker, such as inadequate housing, furnishings, income, clothing or medical care.

“Nurse aide.”Any individual providing nursing or nursing-related services to residents in a nursing facility or skilled nursing facility. The term does not include an individual who is a licensed health professional or an individual who volunteers to provide such services without monetary compensation.

“Nursing facility.”A facility that provides either skilled or intermediate nursing care or both levels of care to two or more residents, who are unrelated to the nursing home administrator, for a period exceeding 24 hours.

“Resident.” A person who is admitted to a nursing facility for observation, treatment or care for illness, disease, injury or other disability.

“State Police.”The Pennsylvania State Police.

“Temporary nurse aide.”A nurse aide who has been hired under the processes authorized according to Federal and State waivers provided under the Federal and State emergency declarations related to COVID-19.