New Jersey § 52:27d-407

§ 52:27d-407.

As used in this act: “ Abuse ” means the willful infliction of physical pain, injury or mental anguish, unreasonable

confinement, or the willful deprivation of services which are necessary to maintain

a person's physical and mental health. “ Caretaker ” means a person who has assumed the responsibility for the care of a vulnerable adult

as a result of family relationship or who has assumed responsibility for the care

of a vulnerable adult voluntarily, by contract, or by order of a court of competent

jurisdiction, whether or not they reside together. “ Commissioner ” means the Commissioner of Human Services. “ Community setting ” means a private residence or any noninstitutional setting in which a person may

reside alone or with others, but shall not include residential health care facilities,

rooming houses or boarding homes or any other facility or living arrangement subject

to licensure by, operated by, or under contract with, a State department or agency. “ County adult protective services provider ” means a county Board of Social Services or other public or nonprofit agency with

experience as a New Jersey provider of protective services for adults, designated

by the county and approved by the commissioner. The county adult protective services provider receives reports made pursuant to

this act, maintains pertinent records and provides, arranges, or recommends protective

services. “ County director ” means the director of a county adult protective services provider. “ Department ” means the Department of Human Services. “ Emergency medical technician ” means a person trained in basic life support services as defined in section 1 of

P.L.1985, c. 351 ( C.26:2K-21 ) and who is certified by the Department of Health to provide that level of care. “ Exploitation ” means the act or process of illegally or improperly using a person or his resources

for another person's profit or advantage. “ Firefighter ” means a paid or volunteer firefighter. “ Health care professional ” means a health care professional who is licensed or otherwise authorized, pursuant

to Title 45 or Title 52 of the Revised Statutes, to practice a health care profession

that is regulated by one of the following boards or by the Director of the Division

of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of

Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists,

the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners,

the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board

of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board

of Psychological Examiners, the State Board of Social Work Examiners, the State Board

of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and

Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family

Therapy Examiners, the Occupational Therapy Advisory Council, the Certified Psychoanalysts

Advisory Committee, and the State Board of Polysomnography. “Health care professional ” also means a nurse aide or personal care assistant who is certified by the Department

of Health . “ Neglect ” means an act or failure to act by a vulnerable adult or his caretaker which results

in the inadequate provision of care or services necessary to maintain the physical

and mental health of the vulnerable adult, and which places the vulnerable adult in

a situation which can result in serious injury or which is life-threatening. “ Protective services ” means voluntary or court-ordered social, legal, financial, medical or psychiatric

services necessary to safeguard a vulnerable adult's rights and resources, and to

protect a vulnerable adult from abuse, neglect or exploitation. Protective services include, but are not limited to: evaluating the need for services,

providing or arranging for appropriate services, obtaining financial benefits to which

a person is entitled, and arranging for guardianship and other legal actions. “ Vulnerable adult ” means a person 18 years of age or older who resides in a community setting and who,

because of a physical or mental illness, disability or deficiency, lacks sufficient

understanding or capacity to make, communicate, or carry out decisions concerning

his well-being and is the subject of abuse, neglect or exploitation. A person shall not be deemed to be the subject of abuse, neglect or exploitation

or in need of protective services for the sole reason that the person is being furnished

nonmedical remedial treatment by spiritual means through prayer alone or in accordance

with a recognized religious method of healing in lieu of medical treatment, and in

accordance with the tenets and practices of the person's established religious tradition.