Section 202 – Fatality review committee for a qualified individual who was not a resident of the Utah State Hospital or the Utah State Developmental Center.

• (1) Except for a fatality review committee described in Section 62A-16-203, the fatality review coordinator shall organize a fatality review committee for each formal review.

• (2) Except as provided in Subsection (5), a committee described in Subsection (1):
  • (a) shall include the following members:
    • (i) the department’s fatality review coordinator, who shall designate a member of the committee to serve as chair of the committee;
    • (ii) a member of the board, if there is a board, of the relevant division or office;
    • (iii) the attorney general or the attorney general’s designee;
    • (iv)
      • (A) a member of the management staff of the relevant division or office; or
      • (B) a person who is a supervisor, or a higher level position, from a region that did not have jurisdiction over the qualified individual; and
    • (v) a member of the department’s risk management services; and
  • (b) may include the following members:
    • (i) a health care professional;
    • (ii) a law enforcement officer; or
    • (iii) a representative of the Office of Public Guardian.

• (3) If a death that is subject to formal review involves a qualified individual described in Subsection 62A-16-102(7)(c), (d), or (h), the committee may also include:
  • (a) a health care professional;
  • (b) a law enforcement officer;
  • (c) the director of the Office of Guardian ad Litem;
  • (d) an employee of the division who may be able to provide information or expertise that would be helpful to the formal review; or
  • (e) a professional whose knowledge or expertise may significantly contribute to the formal review.

• (4) A committee described in Subsection (1) may also include a person whose knowledge or expertise may significantly contribute to the formal review.

• (5) A committee described in this section may not include an individual who was involved in, or who supervises a person who was involved in, the near fatality or the death.

• (6) Each member of a committee described in this section who is not an employee of the department shall sign a form, created by the department, indicating that the member agrees to:
  • (a) keep all information relating to the formal review confidential; and
  • (b) not release any information relating to a formal review, unless required or permitted by law to release the information.

Amended by Chapter 231, 2021 General Session