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2019 Utah Code
Title 26 - Utah Health Code
Chapter 1 - Department of Health Organization
Section 40 - Reports of anesthesia adverse events -- Whistle blower protections.
Universal Citation: UT Code § 26-1-40 (2019)
Effective 5/9/2017
26-1-40. Reports of anesthesia adverse events -- Whistle blower protections.
Enacted by Chapter 177, 2017 General Session
26-1-40. Reports of anesthesia adverse events -- Whistle blower protections.
- (1)
- (a) Beginning January 1, 2018, the department shall create a database of deaths and adverse events from the administration of sedation or anesthesia in outpatient settings that are not emergency departments in the state.
- (b) The database required by Subsection (1)(a) shall include reports submitted by health care providers under Sections 58-5a-502, 58-31b-502.5, 58-67-502.5, 58-68-502.5, and 58-69-502.5.
- (2) The department shall adopt administrative rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding:
- (a) the format of the reports; and
- (b) what constitutes a reportable adverse event, which shall include at least the administration of intravenous sedation or anesthesia when there is:
- (i) an escalation of care required for the patient; or
- (ii) a rescue of a patient from a deeper level of sedation than was intended.
- (3)
- (a) Information the department receives under this section that identifies a particular individual is subject to Title 63G, Chapter 2, Government Records Access and Management Act, and the federal Health Insurance Portability and Accountability Act of 1996.
- (b) Beginning July 1, 2018, and on or before July 1 of each year thereafter, the department shall:
- (i) publicly report:
- (A) the number of deaths and adverse events reported under Subsection (1);
- (B) the type of health care providers, by license category and specialty, who submitted reports under Subsection (1) and who administered the sedation or anesthesia that resulted in an adverse event; and
- (C) the type of facility in which the death or adverse event took place; and
- (ii) submit a report to the Health and Human Services Interim Committee with the information required by this Subsection (3).
- (i) publicly report:
- (4) An employer of a health care provider who submits a report under this section may not take an adverse employment action against the reporting health care provider if the employment action is based on the provider submitting a report under this section.
- (5)
- (a) This section sunsets in accordance with Section 63I-1-226.
- (b) The sunset review of this section shall include an analysis of:
- (i) the number and types of adverse events reported under this section;
- (ii) the types of health care providers and locations involved in the adverse events;
- (iii) the adequacy of sedation and anesthesia requirements in Sections 58-5a-502, 58-31b-502.5, 58-67-502.5, 58-68-502.5, and 58-69-502.5 related to the adverse events reported under this section; and
- (iv) the adequacy of the reporting requirements under this section and the need for additional protections for health care providers who report events under this section.
Enacted by Chapter 177, 2017 General Session
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