The provider shall give verbal notice of any critical incident involving a participant to the division no later than the end of the division's next business day or the provider's next administrative business day, whichever occurs first, from the time the provider becomes aware of the incident. The provider shall submit a written critical incident report utilizing the division's on-line reporting system within seven calendar days after the initial notice is made. A report must be submitted for the following:

1. (1) Deaths;
2. (2) Life-threatening illnesses or injuries;
3. (3) Alleged instances of abuse, neglect, or exploitation against or by any participant;
4. (4) Changes in health or behavior that may jeopardize continued services;
5. (5) Serious medication errors;
6. (6) Illnesses or injuries that resulted from unsafe or unsanitary conditions;
7. (7) Any illegal activity involving a participant;
8. (8) Any use of physical, mechanical, or chemical intervention, not part of an approved plan;
9. (9) Any bruise or injury resulting from the use of a physical, mechanical, or chemical intervention;
10. (10) Any diagnosed case of a reportable communicable disease involving a participant;
11. (11) Alleged instances of corporal punishment, seclusion, denial of food, or other practices prohibited in SDCL 27B-8-42; or

12. (12) Any other critical incident as required by the division.

    The report must contain a description of the incident, specifying what happened, when it happened, and where it happened. The report shall also include any action taken by the provider necessary to ensure the participant's safety and the safety of others and any preventative measures taken by the provider to reduce the likelihood of similar incidents occurring in the future. The division may request further information or follow-up related to the critical incident.

    The provider shall notify the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any, that a critical incident report has been submitted and the reason why unless the parent or guardian is accused of the incident.

    Other rights not limited by receipt of services--Certain practices prohibited, SDCL 27B-8-42.

Source: 22 SDR 104, effective February 13, 1996; 26 SDR 96, effective January 24, 2000; 27 SDR 63, effective December 31, 2000; 40 SDR 102, effective December 3, 2013; 43 SDR 9, effective August 2, 2016.

General Authority: SDCL 27B-2-26(4).

Law Implemented: SDCL 27B-2-26.

Prior versions effective: 2013-12-03.