§ 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.

Utah § 26B-1-503

• Jurisdiction: Utah
• Title 26B: Utah Health and Human Services Code
• Ch. 26B-1: Department of Health and Human Services
• Part 26B-1-5: Fatality Review

Text

(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):

(2)(a) shall include the following members:
(2)(a)(i) the department's fatality review coordinator, who shall designate a member of the committee to serve as chair of the committee;
(2)(a)(ii) a member of the board, if there is a board, of the relevant division or office;
(2)(a)(iii) the attorney general or the attorney general's designee;
(2)(a)(iv) (2)(a)(iv)(A) a member of the management staff of the relevant division or office; or
(2)(a)(iv)(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
(2)(a)(v) a member of the department's risk management services; and
(2)(b) may include the following members:
(2)(b)(i) a health care professional;
(2)(b)(ii) a law enforcement officer; or
(2)(b)(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:

(3)(a) a health care professional;
(3)(b) a law enforcement officer;
(3)(c) the director of the Office of Guardian ad Litem;
(3)(d) an employee of the division who may be able to provide information or expertise that would be helpful to the formal review; or
(3)(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:

(6)(a) keep all information relating to the formal review confidential; and
(6)(b) not release any information relating to a formal review, unless required or permitted by law to release the information.

Legislative History

Renumbered and Amended by Chapter 305, 2023 General Session