RCPA Submits Comments Regarding Draft ICF Incident Management Bulletin

RCPA has submitted comments regarding the draft Incident Management Bulletin for ICF programs. Our recommendations include:

We recommend that in situations when it cannot be reasonably determined which provider was rendering services at the time of the incident, that a third party, such as the county, be assigned as the investigator in order to assure that a non-biased investigation is completed.

While we support the investigation of missing medication if a pattern of missing meds occurs, or a significant amount of medication (amount could be determined by the type of medication, and possible alternative uses) would be reason to investigate. We do not support the investigation of one pill that may have been inadvertently dropped, especially if it is an over-the-counter medication such as Tylenol, or aspirin. We support that missing medication should be documented, but do not feel every instance rises to the need of a certified investigation.

The bulletin reinforces the belief in “Office of Developmental Programs’ (ODP) guiding principles, Everyday Lives, Values in Action,” and “The application of person-centered practices, community integration, individual choice, and assisting individuals to develop and maintain relationships.” Therefore, including any sexual relationship between individuals receiving service as an incident of abuse is not acceptable. The draft states:

• Sexual abuse includes any act or attempted act that is sexual in nature between a paid service provider staff or another individual receiving services and an individual regardless of consent on the part of the individual.

This needs to be removed in respect for individuals’ rights to engage in healthy relationships. Sexual activity against their choice would be abuse, not consensual activity.

We are aware of several incidents that remain “Open” in the EIM that are waiting for review, and approval, or not approved status by ODP staff. We recommend that the ODP staff responsible for reviewing incidents be held to a standard similar to the others involved in the EIM process in order to assure that appropriate corrective actions (if necessary) are taken in a timely manner, and to resolve any open incidents.