Section 460IAC6-9-5. Incident reporting

   (a) An incident described as follows shall be reported to the BDDS on the incident report form prescribed by the BDDS:

(1) Alleged, suspected, or actual abuse, neglect, or exploitation of an individual. An incident in this category shall also be reported to adult protective services or child protection services as applicable. The provider shall suspend staff involved in an incident from duty pending investigation by the provider.

(2) Death of an individual. A death shall also be reported to adult protective services or child protection services as applicable. A death shall also be reported to the BDDS's central office in Indianapolis not later than twenty-four (24) hours after the death.

(3) A service delivery site that compromises the health and safety of an individual while the individual is receiving services from the following causes:

(A) A significant interruption of a major utility, such as electricity, heat, water, air conditioning, plumbing, fire alarm, or sprinkler system.

(B) Environmental or structural problems associated with a habitable site that compromise the health and safety of an individual, including:

(i) inappropriate sanitation;

(ii) serious lack of cleanliness;

(iii) rodent or insect infestation;

(iv) structural damage; or

(v) damage caused by flooding, tornado, or other acts of nature.

(4) Fire resulting in relocation, personal injury, property loss, or other health and safety concerns to or for an individual receiving services.

(5) Elopement of an individual.

(6) Suspected or actual criminal activity by:

(A) a staff member, employee, or agent of a provider; or

(B) an individual receiving services.

(7) An event with the potential for causing significant harm or injury and requiring medical or psychiatric treatments or services to or for an individual receiving services.

(8) Admission of an individual to a nursing facility, including respite stays.

(9) Injury to an individual when the origin or cause of the injury is unknown.

(10) A significant injury to an individual, including:

(A) a fracture;

(B) a burn greater than first degree;

(C) choking that requires intervention; or

(D) contusions or lacerations.

(11) An injury that occurs while an individual is restrained.

(12) A medication error, except for refusal to take medications, that jeopardizes an individual's health and safety, as determined by the individual's personal physician, including the following:

(A) Medication given that was not prescribed or ordered for the individual.

(B) Failure to administer medication as prescribed, including:

(i) incorrect dosage;

(ii) missed medication; and

(iii) failure to give medication at the appropriate time.

(13) Inadequate staff support for an individual, including inadequate supervision, with the potential for:

(A) significant harm or injury to an individual; or

(B) death of an individual.

(14) Inadequate medical support for an individual, including failure to obtain:

(A) necessary medical services;

(B) routine dental or physician services; or

(C) medication timely resulting in missed medications.

(15) Use of any PRN medication related to an individual's behavior. An incident report related to the use of PRN medication related to an individual's behavior must include the following information:

(A) The length of time of the individual's behavior that resulted in the use of the PRN medication related to the individual's behavior.

(B) A description of what precipitated the behavior resulting in the use of PRN medication related to the individual's behavior.

(C) A description of the steps that were taken prior to the use of the PRN medication to avoid the use of a PRN medication related to the individual's behavior.

(D) If a PRN medication was used before a medical or dental appointment, a description of the desensitization plan in place to lessen the need for a PRN medication for a medical or dental appointment.

(E) The criteria the provider has in place for use of a PRN medication related to an individual's behavior.

(F) A description of the provider's PRN medication protocol related to an individual's behavior, including the provider's:

(i) notification process regarding the use of a PRN medication related to an individual's behavior; and

(ii) approval process for the use of a PRN medication related to an individual's behavior.

(G) The name and title of the staff approving the use of the PRN medication related to the individual's behavior.

(H) The medication and dosage that was approved for the PRN medication related to the individual's behavior.

(I) The date and time of any previous PRN medication given to the individual related to the individual's behavior based on current records.

  (b) An incident described in subsection (a) shall be reported by a provider or an employee or agent of a provider who:

(1) is providing services to the individual at the time of the incident; or

(2) becomes aware of or receives information about an alleged incident.

  (c) An initial report regarding an incident shall be submitted within twenty-four (24) hours of:

(1) the occurrence of the incident; or

(2) the reporter becoming aware of or receiving information about an incident.

  (d) The provider providing case management services to an individual shall submit a follow-up report concerning the incident on the BDDS's follow-up incident report form at the following times:

(1) Within seven (7) days of the date of the initial report.

(2) Every seven (7) days thereafter until the incident is resolved.

  (e) All information required to be submitted to the BDDS shall also be submitted to the provider of case management services to the individual. (Division of Disability and Rehabilitative Services; 460 IAC 6-9-5; filed Nov 4, 2002, 12:04 p.m.: 26 IR 767; filed Aug 29, 2003, 10:30 a.m.: 27 IR 108; readopted filed Sep 26, 2008, 11:11 a.m.: 20081015-IR-460080618RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA)