S.D. Admin. R. 46:11:09:05 - Critical incident report - Submission to the division

A CSP, SP, or qualified provider, providing service under this chapter, 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 CSP, SP, or qualified provider's administrative business day whichever occurs first from the time the CSP, SP, or qualified provider becomes aware of the incident. The CSP, SP, or qualified provider shall submit a written critical incident report on a form provided by the division. The report shall be submitted to the division within seven calendar days after the verbal notice. A report shall be submitted in the following critical instances:

(1) Death;

(2) Life-threatening illness or injury;

(3) Alleged instances of abuse, neglect, or exploitation against or by any participant;

(4) Changes in health or behavior that may jeopardize continued services;

(5) Illness or injury that resulted from unsafe or unsanitary conditions; or

(6) Any illegal activity that involves a participant.

The report must contain a description of the incident, specifying what happened, when it happened, and where it happened, The report must be dated and include the name of the individual submitting the report.

The coordinator 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.

Notes

S.D. Admin. R. 46:11:09:05

40 SDR 102, effective December 3, 2013; 44 SDR 65, effective 10/16/2017

General Authority: SDCL 27B-2-26.

Law Implemented: SDCL 27B-2-26(1)(2)(4).