26B-1-506. Fatality review committee report -- Response to report.
(1) Within 20 days after the day on which the committee proceedings described in Sectionend, the committee shall submit: 26B-1-505 a written report to the executive director that includes: the advisory opinions made under Subsection; and 26B-1-505(6) any recommendations regarding action that should be taken in relation to an employee of the department or a person who contracts with the department; and a copy of the report described in Subsectionto: (1)(a) the director, or the director's designee, of the office or division to which the near fatality or the death relates; and the regional director, or the regional director's designee, of the region to which the near fatality or the death relates.
(2) Within 60 days after the day on which the director described in Subsectionreceives a copy of the report described in Subsection, the department shall provide a written response to the Office of Legislative Research and General Counsel, if the report: (1)(b)(i) (1)(a) indicates that a law, rule, policy, or procedure was not complied with; indicates that the near fatality or the death was not responded to properly; recommends that a law, rule, policy, or procedure be changed; or indicates that additional training is needed. Only the following information in the report shall be redacted: identifying information of a referent; and the surname and address of an individual that is not described in Subsection. (2)(b)(i)
(3) The response described in Subsectionshall include: (2) a plan of action to implement any recommended improvements within the department; and the approval of the executive director or the executive director's designee for the plan described in Subsection. (3)(a)
(4) A report described in Subsectionand the response described in Subsectionis a protected record. (1) (2)
(5) As used in this Subsection, "fatality review document" means any document created in connection with, or as a result of, a formal review of a near fatality or a death, or a decision whether to conduct a formal review of a near fatality or a death, including: (5) a report described in Subsection; (1) a response described in Subsection; (2) a recommendation regarding whether a formal review should be conducted; a decision to conduct a formal review; notes of a person who participates in a formal review; notes of a person who reviews a formal review report; minutes of a formal review; minutes of a meeting where a formal review report is reviewed; and minutes of, documents received in relation to, and documents generated in relation to, the portion of a meeting of the Health and Human Services Interim Committee or the Child Welfare Legislative Oversight Panel that a formal review report or a document described in this Subsectionis reviewed or discussed. (5)(a) A fatality review document is not subject to discovery, subpoena, or similar compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual or organization with lawful access to the data be compelled to testify with regard to a report described in Subsectionor a response described in Subsection. (1) (2) The following are not admissible as evidence in a civil, judicial, or administrative proceeding: a fatality review document; and an executive summary described in Subsection. 26B-1-507(4)