Reports of anesthesia adverse events -- Whistle blower protections.

1. Law
2. Utah Code
3. Utah Health Code
4. Department of Health Organization
5. Reports of anesthesia adverse events -- Whistle blower protections.

Affected by 63I-1-226 on 7/1/2022

Effective 5/9/2017
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).

• (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.

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