30:6D-9.3 Provision of notification of injuries of developmentally disabled individual; specification.

3. a. A provider or licensee of a community-based residential program or day program shall provide notification, in accordance with the provisions of subsection b. of this section, of any major physical injury, moderate physical injury, or minor physical injury, as prescribed by department regulation, that is suffered by an individual with a developmental disability who is receiving services from the provider or licensee.

b. Except as otherwise provided by subsection c. of this section, the notification required under this section shall be provided:

(1) as soon as possible, but no later than two hours after the occurrence of the injury, except that if there is an extraordinary circumstance that prevents such notification, the provider or licensee shall provide notification as soon as possible, but no later than eight hours after the occurrence of the injury and shall provide a written, detailed explanation of the extraordinary circumstance causing the delay to the commissioner and to the guardian of the injured individual with a developmental disability or, if there is no guardian of the individual, to a family member who requests such notification, within 14 days of the incident;

(2) to the guardian of the injured individual with a developmental disability, or, if there is no guardian of the individual, to a family member who requests such notification unless the individual has expressly prohibited the family member from receiving such notification; and

(3) through in-person means or by telephone. Electronic means may be used to engage in follow-up communications after the initial notification.

c. Notwithstanding the provisions of this section to the contrary, notification pursuant to this section shall not be required if the guardian or family member expresses, in a written document filed with the caretaker, that they do not want to receive notification of injury pursuant to this section.

L.2017, c.238, s.3.