Section 299.660  Review of Incident Reports

a)         The Behavior Committee shall review all incident reports involving residents.  For the purposes of incident report review, the writer or writers of pertinent incident reports will be excluded from the Committee.

b)         The Behavior Committee shall review the decision to temporarily reassign a resident to secure management status within two business days, whenever possible, and may:

1)         Continue the reassignment pending further investigation.  Such continued reassignment shall be reviewed within two business days, whenever possible. The Program Director will be notified whenever the resident's temporary reassignment has been continued.

2)         Determine that the documented allegations of misconduct do not meet the threshold established in Section (d) and return the resident to his or her prior management status.

3)         Determine that the resident did engage in the reported misconduct and reassign the resident to secure management status.

4)         Determine that the resident did engage in the reported misconduct and reassign the resident to a management status that provides appropriate management, treatment, and disciplinary capabilities relative to the resident's misconduct.

            Among other matters, the factors listed in Section (a) may be considered by the Committee in arriving at its decision.

c)         Whenever possible a resident who is the subject of an incident report shall be allowed to address the Behavior Committee in order to present his or her views regarding the reported incident. This may be denied if it is determined to be clinically contraindicated, would place a resident or others at risk of harm, or would jeopardize the security of the Program.

d)         The Behavior Committee shall document its decision and the reason for that decision in the resident's clinical record.  The incident report(s) will be attached to the Committee's documented decision and identifiably referenced within the Committee's documented decision.