Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

28 Pa. Code § 709.34. Reporting of unusual incidents.

§ 709.34. Reporting of unusual incidents.

 (a)  The project shall develop and implement policies and procedures to respond to the following unusual incidents:

   (1)  Physical assault or sexual assault by staff or a client.

   (2)  Selling or use of illicit drugs on the premises.

   (3)  Death or serious injury due to trauma, suicide, medication error or unusual circumstances while in residential treatment or, when known by facility, for ambulatory services.

   (4)  Significant disruption of services due to disaster such as fire, storm, flood or other occurrence which closes the facility for more than 1 day.

   (5)  Theft, burglary, break-in or similar incident at the facility.

   (6)  Event at the facility requiring the presence of police, fire or ambulance personnel.

   (7)  Fire or structural damage to the facility.

   (8)  Outbreak of a contagious disease requiring Centers for Disease Control (CDC) notification.

 (b)  Policies and procedures must include the following:

   (1)  Documentation of the unusual incident.

   (2)  Prompt review and identification of the causes directly or indirectly responsible for the unusual incident.

   (3)  Implementation of a timely and appropriate corrective action plan, when indicated.

   (4)  Ongoing monitoring of the corrective action plan.

   (5)  Reporting mechanism to ensure that reporting of an unusual incident to an entity is in compliance with State and Federal confidentiality laws.

 (c)  To the extent permitted by State and Federal confidentiality laws, the project shall file a written unusual incident report with the Department within 3 business days following an unusual incident involving:

   (1)  Physical or sexual assault by staff or a client.

   (2)  Death or serious injury due to trauma, suicide, medication error or unusual circumstances.

   (3)  Significant disruption of services due to a disaster such as a fire, storm, flood or other occurrence that results in the closure of a facility for more than 1 day.

   (4)  Event at the facility requiring the presence of police, fire or ambulance personnel.

   (5)  Outbreak of a contagious disease requiring CDC notification.

Authority

   The provisions of this §  709.34 issued under section 2301-A of The Administrative Code of 1929 (71 P. S. §  613.1).

Source

   The provisions of this §  709.34 adopted October 17, 2014, effective October 18, 2014, 44 Pa.B. 6660.



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