1. (a) A provider shall report to the department, in a format provided by the department, a critical incident involving a recipient not later than one business day after observing or learning of the critical incident.

2. (b) A provider shall develop and implement a system to manage and report critical incidents that includes

   1. (1) methods for identifying a critical incident;
   2. (2) a protocol for emergency response to a critical incident;
   3. (3) procedures for investigating and analyzing a critical incident to determine its cause;
   4. (4) a plan to ensure that each member of the provider's staff is trained in critical incident management and reporting; and

   5. (5) a process that ensures timely reporting of a critical incident to

      1. (A) the department and the recipient's representative; and
      2. (B) other service providers when necessary to protect the recipient's health, safety, and welfare; the provider shall maintain a record of names of the providers that are sent incident reports and the date sent.

3. (c) In this section,

   1. (1) "critical incident" means

      1. (A) a missing recipient;
      2. (B) recipient behavior that resulted in harm to the recipient or others;
      3. (C) misuse of restrictive interventions; in this subparagraph, "restrictive intervention" has the meaning given in 7 AAC 130.229(g);
      4. (D) a use of restrictive intervention that resulted in the need for evaluation by or consultation with medical personnel; in this subparagraph, "restrictive intervention" has the meaning given in 7 AAC 130.229(g);
      5. (E) death of a recipient;
      6. (F) an accident, an injury, or another unexpected event that affected the recipient's health, safety, or welfare to the extent evaluation by or consultation with medical personnel was needed;
      7. (G) a medication error that resulted in the need for evaluation by or consultation with medical personnel; in this subparagraph, "medication error" has the meaning given in 7 AAC 130.227(j);
      8. (H) an event that involved the recipient and a response from a peace officer;
   2. (2) "evaluation by or consultation with medical personnel" means analysis of the incident with respect to a recipient's health, safety, and welfare for the purpose of determining an appropriate treatment or course of action.

(Eff. 7/1/2013, Register 206; am 7/1/2015, Register 214; am 11/5/2017, Register 224)

Authority: AS 47.05.010, AS 47.07.030, AS 47.07.040