Violations

Section 295 Section 295.1050  Violations For the purpose of this Section, the following definitions apply: Violation – a situation in which the requirements of this Part are not met due to the conduct of the establishment or its staff, either by an improper action or the failure to take an action.  A violation may only be based upon the licensee's improper conduct or the conduct of the licensee's staff. Type 3 violation – an act or omission by the establishment or its staff, except by accidental means, that causes a significant negative impact on the delivery of services to the residents of the establishment.  The establishment shall be required to participate in a consultative review with the Department unless the establishment has taken corrective action within a time frame agreed upon between the Department and the establishment. Type 2 violation – an act or omission by the establishment or its staff that causes harm to a resident or creates a substantial probability of harm to a resident or residents. Type 1 violation – an act or omission by the establishment or its staff that causes severe harm or the death of a resident or creates a substantial probability of severe harm to a resident or residents.