Pennsylvania Code
Title 55 - HUMAN SERVICES
Part VIII - Intellectual Disability and Autism Manual
Subpart A - Statements of Policy
Chapter 6000 - STATEMENTS OF POLICY
Subchapter Q - INCIDENT MANAGEMENT
REPORTABLE INCIDENTS
Section 6000.922 - Incidents to be reported within 24 hours
Universal Citation: 55 PA Code ยง 6000.922
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The following are categories of incidents to be reported within 24 hours after the occurrence of the incident:
(1)
Abuse. The allegation or
actual occurrence of the infliction of injury, unreasonable confinement,
intimidation, punishment, mental anguish, sexual abuse or exploitation. Abuse
is reported on from the victim's perspective, not on the person committing the
abuse.
(i)
Physical abuse.
An intentional physical act by staff or other person which causes or may cause
physical injury to an individual, such as striking or kicking, applying noxious
or potentially harmful substances or conditions to an individual.
(ii)
Psychological abuse. An
act, other than verbal, which may inflict emotional harm, invoke fear or
humiliate, intimidate, degrade or demean an individual.
(iii)
Sexual abuse. An act
or attempted acts such as rape, incest, sexual molestation, sexual exploitation
or sexual harassment and inappropriate or unwanted touching of an individual by
another. Any sexual contact between a staff person and an individual is abuse.
(iv)
Verbal
abuse. A verbalization that inflicts or may inflict emotional harm,
invoke fear or humiliate, intimidate, degrade or demean an
individual.
(v)
Improper or
unauthorized use of restraint. A restraint not approved in the
individual support plan or one that is not a part of an agency's emergency
restraint procedure is considered unauthorized. A restraint that is
intentionally applied incorrectly is considered an improper use of
restraint.
(2)
Death. All deaths are reportable.
(3)
Disease reportable to the
Department of Health. An occurrence of a disease onThe
Pennsylvania Department of Health List of Reportable Diseases. The
current list can be found at the Department of Health's website,
www.health.state.pa.us . An incident
report is required only when the reportable disease is initially
diagnosed.
(4)
Emergency
closure. An unplanned situation that results in the closure of a home
or program facility for 1 or more days. This category does not apply to
individuals who reside in their own home or the home of a family member. This
may be reported as a site report.
(5)
Emergency room visit.
The use of a hospital emergency room. This includes situations that are clearly
"emergencies" as well as those when an individual is directed to an emergency
room in lieu of a visit to the Primary Care Physician (PCP) or as the result of
a visit to the PCP. The use of an emergency room by an individual's PCP, in
place of the physician's office, is not reportable.
(6)
Fire. A situation that
requires the active involvement of fire personnel, that is, extinguishing a
fire, clearing smoke from the premises, responding to a false alarm, and the
like. Situations which require the evacuation of a facility in response to
suspected or actual gas leaks or carbon monoxide alarms, or both, are
reportable. Situations in which staff extinguish small fires without the
involvement of fire personnel are reportable. This may be reported as a site
report.
(7)
Hospitalization. An inpatient admission to an acute care
facility for purposes of treatment. Scheduled treatment of medical conditions
on an outpatient basis is not reportable.
(8)
Individual-to-individual
abuse. An interaction between one individual receiving services and
another individual receiving services resulting in an allegation or actual
occurrence of the infliction of injury, unreasonable confinement, intimidation,
punishment, mental anguish, sexual abuse or exploitation.
Individual-to-individual abuse is reported on from the victim's perspective,
not on the person committing the abuse.
(i)
Physical abuse. An intentional physical act that causes or may
cause physical injury to an individual, such as striking or kicking, or
applying noxious or potentially harmful substances or conditions to an
individual.
(ii)
Psychological abuse. An act, other than verbal, which may
inflict emotional harm, invoke fear or humiliate, intimidate, degrade or demean
an individual.
(iii)
Sexual
abuse. An act or attempted act such as rape, incest, sexual
molestation, sexual exploitation or sexual harassment and inappropriate or
unwanted touching of an individual by another. Nonconsensual sex between
individuals receiving services is abuse.
(iv)
Verbal abuse. A
verbalization that inflicts or may inflict emotional harm, invoke fear or
humiliate, intimidate, degrade or demean an individual.
(9)
Injury requiring treatment beyond
first aid. Any injury that requires the provision of medical treatment
beyond that traditionally considered first aid. First aid includes assessing a
condition, cleaning an injury, applying topical medications, applying a
Band-Aid, and the like. Treatment beyond first aid includes lifesaving
interventions such as CPR or use of the Heimlich maneuver, wound closure by a
medical professional, casting or otherwise immobilizing a limb.
Evaluation/assessment of an injury by emergency personnel in response to a
"911" call is reportable even if the individual is not transported to an
emergency room.
(10)
Law
enforcement activity. The involvement of law enforcement personnel is
reportable in the following situations:
(i) An
individual is charged with a crime or is the subject of a police investigation
that may lead to criminal charges.
(ii) An individual is the victim of a crime,
including crimes against the person or his property.
(iii) A crime such as vandalism or break-in
that occurs at a provider site. This may be reported as a site
report.
(iv) An on-duty employee or
an employee who is volunteering during off duty time, who is charged with an
offense, a crime or is the subject of an investigation while on duty or
volunteering. This is reported as a site report.
(v) A volunteer who is charged with an
offense, a crime or is the subject of an investigation resulting from actions
or behaviors that occurred while volunteering. This is reported as a site
report.
(vi) A crisis intervention
involving police/law enforcement personnel.
(vii) A citation given to an agency staff
person for a moving violation while operating an agency vehicle, or while
transporting individuals in a private vehicle, is reported as a site
report.
(11)
Missing person. A person is considered missing when they are
out of contact with staff for more than 24 hours without prior arrangement or
if they are in immediate jeopardy when missing for any period of time. A person
may be considered in "immediate jeopardy" based on the person's personal
history and may be considered "missing" before 24 hours elapse. Additionally,
it is considered a reportable incident whenever the police are contacted about
an individual or the police independently find and return the individual, or
both, regardless of the amount of time the person was missing.
(12)
Misuse of funds. An
intentional act or course of conduct, which results in the loss or misuse of an
individual's money or personal property. Requiring an individual to pay for an
item or service that is normally provided as part of the individual support
plan is considered financial exploitation and is reportable as a misuse of
funds. Requiring an individual to pay for items that are intended for use by
several individuals is also considered financial exploitation. Individuals may
voluntarily make joint purchases with other individuals of items that benefit
the household.
(13)
Neglect. The failure to obtain or provide the needed services
and supports defined as necessary or otherwise required by law or regulation.
This includes the failure to provide needed care such as shelter, food,
clothing, personal hygiene, medical care, protection from health and safety
hazards, attention and supervision, including leaving individuals unattended
and other basic treatment and necessities needed for development of physical,
intellectual and emotional capacity and well being. This includes acts that are
intentional or unintentional regardless of the obvious occurrence of
harm.
(14)
Psychiatric
hospitalization. An inpatient admission to a psychiatric facility,
including crisis facilities and the psychiatric departments of acute care
hospitals, for the purpose of evaluation or treatment, or both, whether
voluntary or involuntary. This includes admissions for "23 hour" observation
and those for the review or adjustment, or both, of medications prescribed for
the treatment of psychiatric symptoms or for the control of challenging
behaviors.
(15)
Rights
violation. An act which is intended to improperly restrict or deny the
human or civil rights of an individual including those rights which are
specifically mandated under applicable regulations. Examples include the
unauthorized removal of personal property, refusal of access to the telephone,
privacy violations and breach of confidentiality. This does not include
restrictions that are imposed by court order or consistent with a waiver of
licensing regulations.
(16)
Suicide attempt. The intentional and voluntary attempt to take
one's own life. A suicide attempt is limited to the actual occurrence of an act
and does not include suicidal threats.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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