                                 CODE OF VIRGINIA

STATE FACILITY REPORTING REQUIREMENTS; CRITICAL INCIDENTS INVOLVING INDIVIDUALS
RECEIVING SERVICES (§ 37.2-709.1)

A. In each case in which an individual receiving services in a state hospital or
state training center is involved in a critical incident, the director of the
state facility, or his designee, shall notify the individual&#8217;s authorized
representative or person identified pursuant to subdivision A 11 of &#xA7;
37.2-400 regarding the critical incident, any injury to the individual resulting
from the critical incident, and any actions taken to address the factors leading
to the critical incident and injuries to the individual resulting from the
critical incident.

B. To the extent authorized by federal law, notice to an individual&#8217;s
authorized representative or person identified pursuant to subdivision A 11 of
&#xA7; 37.2-400 shall be made by telephone within 24 hours of the critical
incident unless the individual&#8217;s authorized representative or person
identified pursuant to subdivision A 11 of &#xA7; 37.2-400 has requested an
alternate means or timeframe for notification. However, if the director, or his
designee, is unable to contact the individual&#8217;s authorized representative
or person identified pursuant to subdivision A 11 of &#xA7; 37.2-400 by
telephone within 24 hours of the critical incident, or as otherwise requested,
the director, or his designee, shall notify the individual&#8217;s authorized
representative or person identified pursuant to subdivision A 11 of &#xA7;
37.2-400 of the critical incident, any injury to the individual resulting from
the critical incident, and any actions taken to address the factors leading to
the critical incident and injuries to the individual resulting from the critical
incident, in writing by registered mail to the last known address of the
individual&#8217;s authorized representative or person identified pursuant to
subdivision A 11 of &#xA7; 37.2-400.

C. In cases in which the director of a state facility, or his designee, is
unable to identify an individual&#8217;s authorized representative or person
identified pursuant to subdivision A 11 of &#xA7; 37.2-400 or to obtain the
telephone number or last known address of such person despite all reasonable
efforts to do so, the provisions of this section shall not apply.

D. For the purposes of this section, &#8220;critical incident&#8221; shall be
defined as serious bodily injury or loss of consciousness requiring medical
treatment.

HISTORY: 2012, c. 138.