26B-1-503. Fatality review committee for a qualified individual who was not a resident of the Utah State Hospital or the Utah State Developmental Center.

410 words·~2 min read·/ut/title-26b/chapter-1/26b-1-503

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

Effective 5/3/2023

(1)Except for a fatality review committee described in Section 26B-1-504 , the fatality review coordinator shall organize a fatality review committee for each formal review.

(2)Except as provided in Subsection

(5), a committee described in Subsection

(1):

(a)shall include the following members:

(i)the department's fatality review coordinator, who shall designate a member of the committee to serve as chair of the committee;

(ii)a member of the board, if there is a board, of the relevant division or office;

(iii)the attorney general or the attorney general's designee;

(A)a member of the management staff of the relevant division or office; or

(B)a person who is a supervisor, or a higher level position, from a region that did not have jurisdiction over the qualified individual; and

(v)a member of the department's risk management services; and

(b)may include the following members:

(i)a health care professional;

(ii)a law enforcement officer; or

(iii)a representative of the Office of Public Guardian.

(3)If a death that is subject to formal review involves a qualified individual described in Subsection 26B-1-501(7)(c) ,

(d), or

(h), the committee may also include:

(a)a health care professional;

(b)a law enforcement officer;

(c)the director of the Office of Guardian ad Litem;

(d)an employee of the division who may be able to provide information or expertise that would be helpful to the formal review; or

(e)a professional whose knowledge or expertise may significantly contribute to the formal review.

(4)A committee described in Subsection

(1)may also include a person whose knowledge or expertise may significantly contribute to the formal review.

(5)A committee described in this section may not include an individual who was involved in, or who supervises a person who was involved in, the near fatality or the death.

(6)Each member of a committee described in this section who is not an employee of the department shall sign a form, created by the department, indicating that the member agrees to:

(a)keep all information relating to the formal review confidential; and

(b)not release any information relating to a formal review, unless required or permitted by law to release the information.

Renumbered and Amended by Chapter 305 , 2023 General Session