(a)
Pursuant to section
54327, the regional center shall
submit an initial report to the Department of any special incident within two
working days following receipt of the report.
(b) When a regional center has knowledge of a
special incident for which the vendor or long-term health care facility is
responsible for reporting but has not submitted a report to the regional center
within the required time period, the regional center shall submit an initial
report to the Department within two working days of learning of the
occurrence.
(c) The initial report
shall include the following information, to the extent the information is
available at the time of the initial report:
(1) The name and date of birth of the
individual served;
(2) The vendor's
or long-term health care facility's name, address, and telephone
number;
(3) The name and telephone
number of the regional center contact person regarding the special
incident;
(4) The Unique Consumer
Identifier (UCI) of the individual served;
(5) Name of the conservator or guardian, if
applicable, of the individual served;
(6) Date, time, and location of the special
incident;
(7) Date the special
incident was reported to the regional center;
(8) Name of the person preparing the
report;
(9) Date the report was
prepared;
(10) Type of special
incident as described in section
54327(c) and
(d);
(11) Any medical care or treatment required
as a result of the special incident;
(12) Relationship of the alleged perpetrator
to the individual served;
(13)
Identification of any persons or entities notified about the special incident
and the date they were notified;
(14) A description of the special
incident;
(15) If the special
incident was a death, indication if the death was disease related; non-disease
related; or, unknown;
(16) A
description of any actions/outcomes taken by any of the following persons or
entities in response to the special incident:
(A) Regional center(s);
(B) Vendor(s);
(C) Department of Public Health's Licensing
and Certification Division;
(D)
Department of Social Services Community Care Licensing;
(E) Child Protective Services;
(F) Adult Protective Services;
(G) Long Term Care Ombudsman;
(H) Law enforcement; and/or
(I) Coroner.
(17) Any additional information that the
regional center determines is necessary to explain or describe the special
incident.
(d) Any
required information that is not submitted with the initial report in
subsection (c) shall be submitted within 30 working days following receipt of
the report of the special incident pursuant to section
54327(c) and
(d).
(e) The regional center shall comply with all
Department requests for initial and follow-up information pertaining to a
special incident.
(f) The report
shall be considered complete when the regional center has submitted all the
information required by this section.
(g) Effective January 1, 2002, all reports of
special incidents prepared by the regional center shall be transmitted to the
Department utilizing the Department's Electronic Data Reporting
System.
Notes
Cal. Code
Regs. Tit. 17, §
54327.1
Note: Authority cited: Section 4405, Welfare and
Institutions Code; and Section 11152, Government Code. Reference: Sections
4434, 4500, 4501, 4502, 4629, 4648, 4648.1 and 4742, Welfare and Institutions
Code.
Note: Authority cited: Section
11152,
Government Code. Reference: Sections
4434,
4500,
4501,
4502,
4629,
4648,
4648.1
and
4742,
Welfare and Institutions Code.
1. New section
filed 6-29-98 as an emergency; operative 6-29-98 (Register 98, No. 27). A
Certificate of Compliance must be transmitted to OAL by 10-27-98 or emergency
language will be repealed by operation of law on the following day.
2. New section refiled 10-20-98 as an emergency; operative 10-27-98 (Register
98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-99
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 10-20-98 order, including
further amendment of section, transmitted to OAL 12-31-98 and filed 2-17-99
(Register 99, No. 8).
4. Amendment filed 6-27-2001 as an emergency;
operative 7-1-2001 (Register 2001, No. 26). A Certificate of Compliance must be
transmitted to OAL by 10-29-2001 or emergency language will be repealed by
operation of law on the following day.
5. Reinstatement of section
as it existed prior to 6-27-2001 emergency amendment by operation of Government
Code section
11346.1(f)
(Register 2001, No. 43).
6. Amendment filed 10-25-2001 as an
emergency; operative 10-31-2001 (Register 2001, No. 43). A Certificate of
Compliance must be transmitted to OAL by 2-28-2002 or emergency language will
be repealed by operation of law on the following day.
7.
Certificate of Compliance as to 10-25-2001 order, including further amendment
of section, transmitted to OAL 2-28-2002 and filed 4-10-2002 (Register 2002,
No. 15).
8. Change without regulatory effect relettering subsections
and the internal cross-references thereto filed 5-27-2003 pursuant to section
100, title 1, California Code of Regulations (Register 2003, No.
22).
9. Amendment of subsections (a), (c)(1)-(2), (c)(4)-(7),
(c)(10), (c)(12)-(13), (c)(16)(C) and (d) and amendment of NOTE filed
6-11-2025; operative 5/1/2026 pursuant to Government Code section
11343.4(b)(3) (Register
2025, No. 24).