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This entry was published on 2021-08-27
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SECTION 33.23
Incident notifications and reports
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 33
§ 33.23 Incident notifications and reports.

(a) The director of a facility, as defined in subdivision six of
section 1.03 of this chapter, shall provide telephone notice of an
incident involving a patient receiving care and treatment at such
facility to a qualified person, as defined in paragraph six of
subdivision (a) of section 33.16 of this article. Such notice shall be
provided within twenty-four hours of the initial report of such
incident. For the purposes of this section, "incident" shall mean an
accident or injury that affects the health or safety of a patient. Upon
the request of a qualified person, the director shall within ten days of
such request, provide to the qualified person a copy of the written
incident report, provided that the names and other personally
identifying information of patients and employees shall not be included
unless such patients and employees authorize disclosure, offer to hold a
meeting with such qualified person to further discuss the incident, and
provide such qualified person with a written report on the actions taken
to address the incident. The director may offer to provide all reports
to the qualified person electronically.

(b) Whenever federal law or applicable federal regulations restrict,
or as a condition for the receipt of federal aid require, that the
release of records or information pursuant to this section be more
restrictive than is provided under this section, the provisions of
federal law or regulations shall be controlling.