N.Y. Social Services Law § 488: Definitions

§ 488. Definitions. As used in this article, the following terms shall

have the following meanings:

1. "Reportable incident" shall mean the following conduct that a

mandated reporter is required to report to the vulnerable persons'

central register:

(a) "Physical abuse," which shall mean conduct by a custodian

intentionally or recklessly causing, by physical contact, physical

injury or serious or protracted impairment of the physical, mental or

emotional condition of a service recipient or causing the likelihood of

such injury or impairment. Such conduct may include but shall not be

limited to: slapping, hitting, kicking, biting, choking, smothering,

shoving, dragging, throwing, punching, shaking, burning, cutting or the

use of corporal punishment. Physical abuse shall not include reasonable

emergency interventions necessary to protect the safety of any person.

(b) "Sexual abuse," which shall mean any conduct by a custodian that

subjects a person receiving services to any offense defined in article

one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law;

or any conduct or communication by such custodian that allows, permits,

uses or encourages a service recipient to engage in any act described in

articles two hundred thirty or two hundred sixty-three of the penal law.

For purposes of this paragraph only, a person with a developmental

disability who is or was receiving services and is also an employee or

volunteer of a service provider shall not be considered a custodian if

he or she has sexual contact with another service recipient who is a

consenting adult who has consented to such contact.

(c) "Psychological abuse," which shall mean conduct by a custodian

intentionally or recklessly causing, by verbal or non-verbal conduct, a

substantial diminution of a service recipient'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.

(d) "Deliberate inappropriate use of restraints," which shall mean the

use of a restraint when the technique that is used, the amount of force

that is used or the situation in which the restraint is used is

deliberately inconsistent with a service recipient's individual

treatment plan or behavioral intervention plan, generally accepted

treatment practices and/or applicable federal or state laws, regulations

or policies, except when the restraint is used as a reasonable emergency

intervention to prevent imminent risk of harm to a person receiving

services or to any other person. For purposes of this subdivision, a

"restraint" shall include the use of any manual, pharmacological or

mechanical measure or device to immobilize or limit the ability of a

person receiving services to freely move his or her arms, legs or body.

(e) "Use of aversive conditioning," which shall mean the application

of a physical stimulus that is intended to induce pain or discomfort in

order to modify or change the behavior of a person receiving services in

the absence of a person-specific authorization by the operating,

licensing or certifying state agency pursuant to governing state agency

regulations. Aversive conditioning may include but is not limited to,

the use of physical stimuli such as noxious odors, noxious tastes,

blindfolds, the withholding of meals and the provision of substitute

foods in an unpalatable form and movement limitations used as

punishment, including but not limited to helmets and mechanical

restraint devices.

(f) "Obstruction of reports of reportable incidents," which shall mean

conduct by a custodian that impedes the discovery, reporting or

investigation of the treatment of a service recipient by falsifying

records related to the safety, treatment or supervision of a service

recipient, 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 of the investigation

of such incident, intentionally making a false statement or

intentionally withholding material information during an investigation

into such a report; intentional failure of a supervisor or manager to

act upon such a report in accordance with governing state agency

regulations, policies or procedures; or, for a mandated reporter who is

a custodian as defined in subdivision two of this section, failing to

report a reportable incident upon discovery.

(g) "Unlawful use or administration of a controlled substance," which

shall mean any administration by a custodian to a service recipient of:

a controlled substance as defined by article thirty-three of the public

health law, without a prescription; or other medication not approved for

any use by the federal food and drug administration, except for the

administration of medical cannabis when such administration is in

accordance with article three of the cannabis law, and any regulations

promulgated thereunder, as well as the policies or procedures of the

facility or provider agency governing such custodians. It also shall

include a custodian unlawfully using or distributing a controlled

substance as defined by article thirty-three of the public health law,

at the workplace or while on duty.

(h) "Neglect," which shall mean any action, inaction or lack of

attention that breaches a custodian's duty and that results in or is

likely to result in physical injury or serious or protracted impairment

of the physical, mental or emotional condition of a service recipient.

Neglect shall include, but is not limited to: (i) failure to provide

proper supervision, including a lack of proper supervision that results

in conduct between persons receiving services that would constitute

abuse as described in paragraphs (a) through (g) of this subdivision if

committed by a custodian; (ii) failure to provide adequate food,

clothing, shelter, medical, dental, optometric or surgical care,

consistent with the rules or regulations promulgated by the state agency

operating, certifying or supervising the facility or provider agency,

provided that the facility or provider agency 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; or (iii) 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 sixty-five of the education

law and/or the individual's individualized education program.

(i) "Significant incident" shall mean an incident, other than an

incident of abuse or neglect, that because of its severity or the

sensitivity of the situation may result in, or has the reasonably

foreseeable potential to result in, harm to the health, safety or

welfare of a person receiving services and shall include but shall not

be limited to:

(1) conduct between persons receiving services that would constitute

abuse as described in paragraphs (a) through (g) of this subdivision if

committed by a custodian; or

(2) conduct on the part of a custodian, which is inconsistent with a

service recipient's individual treatment plan or individualized

educational program, generally accepted treatment practices and/or

applicable federal or state laws, regulations or policies and which

impairs or creates a reasonably foreseeable potential to impair the

health, safety or welfare of a person receiving services, including but

not limited to:

(A) unauthorized seclusion, which shall mean the placement of a person

receiving services in a room or area from which he or she cannot, or

perceives that he or she cannot, leave at will;

(B) unauthorized use of time-out, which shall mean the use of a

procedure in which a person receiving services is removed from regular

programming and isolated in a room or area for the convenience of a

custodian, or as a substitute for programming but shall not include the

use of a time-out as an emergency intervention to protect the health or

safety of the individual or other persons;

(C) except as provided for in paragraph (g) of subdivision one of this

section, the administration of a prescribed or over-the-counter

medication, which is inconsistent with a prescription or order issued

for a service recipient by a licensed, qualified health care

practitioner, and which has an adverse effect on a service recipient.

For purposes of this paragraph, "adverse effect" shall mean the

unanticipated and undesirable side effect from the administration of a

particular medication which unfavorably affects the well-being of a

service recipient;

(D) inappropriate use of restraints, which shall mean the use of a

restraint when the technique that is used, the amount of force that is

used or the situation in which the restraint is used is inconsistent

with a service recipient's individual plan, generally accepted treatment

practices and/or applicable federal or state laws, regulations or

policies. For the purposes of this subdivision, a "restraint" shall

include the use of any manual, pharmacological or mechanical measure or

device to immobilize or limit the ability of a person receiving services

to freely move his or her arms, legs or body; or

(3) any other conduct identified in regulations of the state oversight

agency, pursuant to guidelines or standards established by the executive

director.

2. "Custodian" means a director, operator, employee or volunteer of a

facility or provider agency; or a consultant or an employee or volunteer

of a corporation, partnership, organization or governmental entity which

provides goods or services to a facility or provider agency pursuant to

contract or other arrangement that permits such person to have regular

and substantial contact with individuals who are cared for by the

facility or provider agency.

3. "Executive director" shall mean the executive director of the

justice center for the protection of people with special needs as

established by article twenty of the executive law.

4. "Facility" or "provider agency" shall mean:

(a) a facility or program in which services are provided and which is

operated, licensed or certified by the office of mental health, the

office for people with developmental disabilities or the office of

addiction services and supports, including but not limited to

psychiatric centers, inpatient psychiatric units of a general hospital,

developmental centers, intermediate care facilities, community

residences, group homes and family care homes, provided, however, that

such term shall not include a secure treatment facility as defined in

section 10.03 of the mental hygiene law, services defined in paragraphs

four and five of subdivision (a) of section 16.03 of the mental hygiene

law, or services provided in programs or facilities that are operated by

the office of mental health and located in state correctional facilities

under the jurisdiction of the department of corrections and community

supervision;

* (a-1) an integrated behavioral health services program licensed

under section 36.08 of the mental hygiene law;

* NB Effective on the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8

(b) any program or facility that is operated by the office of children

and family services for juvenile delinquents or juvenile offenders

placed in the custody of the commissioner of such office and any

residential programs or facilities licensed or certified by the office

of children and family services, excluding foster family homes and

residential programs for victims of domestic violence;

(c) adult care facilities, which shall mean adult homes or enriched

housing programs licensed pursuant to article seven of this chapter: (i)

(A) that have a licensed capacity of eighty or more beds; and (B) in

which at least twenty-five percent of the residents are persons with

serious mental illness as defined by subdivision fifty-two of section

1.03 of the mental hygiene law; (ii) but not including an adult home or

enriched housing program which is authorized to operate fifty-five

percent or more of its total licensed capacity of beds as assisted

living program beds pursuant to section four hundred sixty-one-l of this

chapter;

(d) any overnight, summer day and traveling summer day camps for

children with developmental disabilities as defined in regulations

promulgated by the commissioner of health; or

(e) the New York state school for the blind and the New York state

school for the deaf, which operate pursuant to articles eighty-seven and

eighty-eight of the education law; an institution for the instruction of

the deaf and the blind which has a residential component and is subject

to the visitation of the commissioner of education pursuant to article

eighty-five of the education law with respect to its day and residential

components; special act school districts serving students with

disabilities; or in-state private schools which have been approved by

the commissioner of education for special education services or

programs, and which have a residential program.

4-a. "State oversight agency" shall mean the state agency that

operates, licenses or certifies an applicable facility or provider

agency; provided however that such term shall only include the following

entities: the office of mental health, the office for people with

developmental disabilities, the office of alcoholism and substance abuse

services, the office of children and family services, the department of

health and the state education department. "State oversight agency" does

not include agencies that are certification agencies pursuant to federal

law or regulation.

5. "Mandated reporter" shall mean a custodian or a human services

professional, but shall not include a service recipient.

5-a. "Human services professional" shall mean any: physician;

registered physician assistant; surgeon; medical examiner; coroner;

dentist; dental hygienist; osteopath; optometrist; chiropractor;

podiatrist; resident; intern; psychologist; registered nurse; licensed

practical nurse; nurse practitioner; social worker; emergency medical

technician; licensed creative arts therapist; licensed marriage and

family therapist; licensed mental health counselor; licensed

psychoanalyst; licensed behavior analyst; certified behavior analyst

assistant; licensed speech/language pathologist or audiologist; licensed

physical therapist; licensed occupational therapist; hospital personnel

engaged in the admission, examination, care or treatment of persons;

Christian Science practitioner; school official, which includes but is

not limited to school teacher, school guidance counselor, school

psychologist, school social worker, school nurse, school administrator

or other school personnel required to hold a teaching or administrative

license or certificate; full or part-time compensated school employee

required to hold a temporary coaching license or professional coaching

certificate; social services worker; any other child care or foster care

worker; mental health professional; person credentialed by the office of

alcoholism and substance abuse services; peace officer; police officer;

district attorney or assistant district attorney; investigator employed

in the office of a district attorney; or other law enforcement official.

6. "Physical injury" and "impairment of physical condition" shall mean

any confirmed harm, hurt or damage resulting in a significant worsening

or diminution of an individual's physical condition.

7. "Delegate investigatory entity" shall mean a facility or provider

agency, or any other entity authorized by the regulations of a state

oversight agency or the justice center for the protection of people with

special needs to conduct an investigation of a reportable incident.

8. "Justice center" shall mean the justice center for the protection

of people with special needs.

9. "Person receiving services," or "service recipient" shall mean an

individual who resides or is an inpatient in a residential facility or

who receives services from a facility or provider agency.

10. "Personal representative" shall mean a person authorized under

state, tribal, military or other applicable law to act on behalf of a

vulnerable person in making health care decisions or, for programs that

serve children under the jurisdiction of the state education department

or the office of children and family services, the service recipient's

parent, guardian or other person legally responsible for such person.

11. "Abuse or neglect" shall mean the conduct described in paragraphs

(a) through (h) of subdivision one of this section.

12. "Subject of the report" shall mean a custodian, as defined in

subdivision two of this section, who is reported to the vulnerable

persons' central register for the alleged abuse or neglect of a

vulnerable person as defined in subdivision eleven of this section.

13. "Other persons named in the report" shall mean and be limited to

the following persons who are named in a report to the vulnerable

persons' central register other than the subject of the report: the

service recipient whose care and treatment is the concern of a report to

the vulnerable persons' central register, and the personal

representative, if any, as defined in subdivision ten of this section.

14. "Vulnerable persons' central register" shall mean the statewide

central register of reportable incidents involving vulnerable persons,

which shall operate in accordance with section four hundred ninety-two

of this article.

15. "Vulnerable person" shall mean a person who, due to physical or

cognitive disabilities, or the need for services or placement, is

receiving services from a facility or provider agency.

16. "Intentionally" and "recklessly" shall have the same meanings as

provided in subdivisions one and three of section 15.05 of the penal

law.