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(a) A provider shall report to the department, in a format provided by the department, a critical incident involving a recipient not later than one business day after observing or learning of the critical incident. (b) A provider shall develop and implement a system to manage and report critical incidents that includes

(1) methods for identifying a critical incident;

(2) a protocol for emergency response to a critical incident;

(3) procedures for investigating and analyzing a critical incident to determine its cause;

(4) a plan to ensure that each member of the provider’s staff is trained in critical incident management and reporting; and

(5) a process that ensures timely reporting of a critical incident to

(A) the department and the recipient’s representative; and

(B) other service providers when necessary to protect the recipient’s health, safety, and welfare; the provider shall maintain a record of names of the providers that are sent incident reports and the date sent. (c) In this section,

(1) “critical incident” means

(A) a missing recipient;

(B) recipient behavior that resulted in harm to the recipient or others;

(C) misuse of restrictive interventions; in this subparagraph, “restrictive intervention” has the meaning given in 7 AAC 130.229(g);

(D) a use of restrictive intervention that resulted in the need for evaluation by or consultation with medical personnel; in this subparagraph, “restrictive intervention” has the meaning given in 7 AAC 130.229(g);

(E) death of a recipient;

(F) an accident, an injury, or another unexpected event that affected the recipient’s health, safety, or welfare to the extent evaluation by or consultation with medical personnel was needed;

(G) a medication error that resulted in the need for evaluation by or consultation with medical personnel; in this subparagraph, “medication error” has the meaning given in 7 AAC 130.227(j);

(H) an event that involved the recipient and a response from a peace officer;