26B-1-502. Initial review.

699 words·~3 min read·/ut/title-26b/chapter-1/26b-1-502

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)Within seven days after the day on which the department knows that a qualified individual has died or is an individual described in Subsection 26B-1-501 (7)(h), a person designated by the department shall:

(i)for a death, complete a deceased client report form, created by the department; or

(ii)for an individual described in Subsection 26B-1-501 (7)(h), complete a near fatality client report form, created by the department; and

(b)forward the completed client report form to:

(i)the director of the office or division that has jurisdiction over the region or facility;

(ii)the executive director;

(iii)the director of the Division of Continuous Quality and Improvement; and

(iv)the fatality review coordinator, or the fatality review coordinator's designee.

(2)Within 10 days after the day on which the fatality review coordinator or the fatality review coordinator's designee receives a copy of the near fatality client report form or the deceased client report form, the fatality review coordinator or the fatality review coordinator's designee shall request a copy of all relevant department case records, or electronic access to all relevant department case records, regarding the individual who is the subject of the client report form.

(3)Each person who receives a request for a record described in Subsection

(2)shall provide a copy of the record, or electronic access to the record, to the fatality review coordinator or the fatality review coordinator's designee, by a secure method, within seven days after the day on which the request is made.

(4)Within 30 days after the day on which the fatality review coordinator or the fatality review coordinator's designee receives the case records requested under Subsection (2), the fatality review coordinator, or the fatality review coordinator's designee, shall:

(a)review the client report form, the case files, and other relevant information received by the fatality review coordinator; and

(b)make a recommendation to the director of the Division of Continuous Quality and Improvement regarding whether a formal review of the death or near fatality should be conducted.

(a)In accordance with Subsection (5)(b), within 14 days after the day on which the fatality review coordinator or the fatality review coordinator's designee makes the recommendation described in Subsection (4)(b), the director of the Division of Continuous Quality and Improvement or the director's designee shall determine whether to order that a review of the death or near fatality be conducted.

(b)The director of the Division of Continuous Quality and Improvement or the director's designee shall order that a formal review of the death or near fatality be conducted if:

(i)at the time of the near fatality or the death, the qualified individual is:

(A)an individual described in Subsections 26B-1-501 (7)(a) through (h), unless:

(I)the near fatality or the death is due to a natural cause; or

(II)the director of the Division of Continuous Quality and Improvement or the director's designee determines that the near fatality or the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department; or

(B)a child in foster care or substitute care, unless the near fatality or the death is due to:

(I)a natural cause; or

(II)an accident;

(ii)it appears, based on the information provided to the director of the Division of Continuous Quality and Improvement or the director's designee, that:

(A)a provision of law, rule, policy, or procedure relating to the qualified individual or the individual's family may not have been complied with;

(B)the near fatality or the fatality was not responded to properly;

(C)a law, rule, policy, or procedure may need to be changed; or

(D)additional training is needed;

(A)the death is caused by suicide; or

(B)the near fatality is caused by attempted suicide; or

(iv)the director of the Division of Continuous Quality and Improvement or the director's designee determines that another reason exists to order that a review of the near fatality or the death be conducted.

Amended by Chapter 240 , 2024 General Session

Amended by Chapter 288 , 2024 General Session