State Codes and Statutes
Statutes > Utah > Title-62a > Chapter-16 > 62a-16-30162A-16-301. Fatality review committee report -- Response to report.
(1) Within 20 days after the day on which the committee proceedings described inSection 62A-16-204 end, the committee shall submit:
(a) a written report to the executive director that includes:
(i) the advisory opinions made under Subsection 62A-16-204(6); and
(ii) any recommendations regarding action that should be taken in relation to anemployee of the department or a person who contracts with the department; and
(b) a copy of the report described in Subsection (1)(a), with only identifying informationredacted, to:
(i) the director of the office or division to which the fatality relates; and
(ii) the Office of Legislative Research and General Counsel.
(2) Within 20 days after the day on which the director described in Subsection (1)(b)(i)receives a copy of the report described in Subsection (1)(a), the director shall provide a writtenresponse to the executive director, a copy of the response, with only identifying informationredacted, to the Office of Legislative Research and General Counsel, and an unredacted copy ofthe response to the director of the Office of Services Review, if the report:
(a) indicates that a law, rule, policy, or procedure was not complied with;
(b) indicates that the fatality was not responded to properly;
(c) recommends that a law, rule, policy, or procedure be changed; or
(d) indicates that additional training is needed.
(3) The response described in Subsection (2) shall include a plan of action to implementany recommended improvements within the office or division.
(4) Within 30 days after the day on which the executive director receives the responsedescribed in Subsection (2), the executive director, or the executive director's designee shall:
(a) review the action plan described in Subsection (3);
(b) make any written response that the executive director or the executive director'sdesignee determines is necessary;
(c) provide a copy of the written response described in Subsection (4)(b), with onlyidentifying information redacted, to the Office of Legislative Research and General Counsel; and
(d) provide an unredacted copy of the response described in Subsection (4)(b) to thedirector of the Office of Services Review.
(5) A report described in Subsection (1) and each response described in this section is aprotected record.
(6) (a) As used in this Subsection (6), "fatality review document" means any documentcreated in connection with, or as a result of, a fatality review or a decision whether to conduct afatality review, including:
(i) a report described in Subsection (1);
(ii) a response described in this section;
(iii) a recommendation regarding whether a fatality review should be conducted;
(iv) a decision to conduct a fatality review;
(v) notes of a person who participates in a fatality review;
(vi) notes of a person who reviews a fatality review report;
(vii) an executive summary described in Subsection 62A-16-302(4);
(viii) minutes of a fatality review;
(ix) minutes of a meeting where a fatality review report is reviewed; and
(x) minutes of, documents received in relation to, and documents generated in relation to,the portion of a meeting of the Health and Human Services Interim Committee or the ChildWelfare Legislative Oversight Panel that a fatality review report or a document described in thisSubsection (6)(a) is reviewed or discussed.
(b) A fatality review document is not subject to discovery, subpoena, or similarcompulsory process in any civil, judicial, or administrative proceeding, nor shall any individualor organization with lawful access to the data be compelled to testify with regard to a reportdescribed in Subsection (1) or a response described in this section.
(c) A fatality review document is not admissible as evidence in a civil, judicial, oradministrative proceeding.
Enacted by Chapter 239, 2010 General Session
