§ 490. Incident management programs. 1. Each state oversight agency,\nas defined in this article, shall promulgate regulations approved by the\njustice center, that contain procedures and requirements consistent with\nguidelines and standards developed by the justice center, addressing the\nfollowing issues relating to an incident management program; provided,\nhowever, that regulations of the state education department need not be\napproved by the justice center, but shall be developed in consultation\nwith the justice center:\n (a) all reportable incidents are identified and reported in a timely\nmanner in accordance with this article;\n (b) all reportable incidents are promptly investigated;\n (c) individual reportable incidents, and incident patterns and trends,\nare reviewed to identify and implement preventive and corrective\nactions, which may include, but shall not be limited to, staff\nretraining or any appropriate disciplinary action allowed by law or\ncontract, as well as opportunities for improvement;\n (d) patterns and trends in the reporting and response to allegations\nof reportable incidents are reviewed and plans of improvement are timely\ndeveloped based on such reviews;\n (e) information regarding individual reportable incidents, incident\npatterns and trends, and patterns and trends in the reporting and\nresponse to reportable incidents is shared, consistent with applicable\nlaw, with the justice center, in the form and manner required by the\njustice center and, for facilities or provider agencies that are not\nstate operated, with the applicable state oversight agency which shall\nprovide such information to the justice center;\n (f) incident review committees are established; provided, however,\nthat the regulations may authorize an exemption from this requirement,\nwhen appropriate, based on the size of the facility or provider agency\nor other relevant factors. Such committees shall be composed of members\nof the governing body of the facility or provider agency and other\npersons identified by the director of the facility or provider agency,\nincluding some members of the following: direct support staff, licensed\nhealth care practitioners, service recipients and representatives of\nfamily, consumer and other advocacy organizations, but not the director\nof the facility or provider agency. Such committee shall meet regularly\nto: (i) review the timeliness, thoroughness and appropriateness of the\nfacility or provider agency's responses to reportable incidents; (ii)\nrecommend additional opportunities for improvement to the director of\nthe facility or provider agency, if appropriate; (iii) review incident\ntrends and patterns concerning reportable incidents; and (iv) make\nrecommendations to the director of the facility or provider agency to\nassist in reducing reportable incidents. Members of the committee shall\nbe trained in confidentiality laws and regulations, and shall comply\nwith section seventy-four of the public officers law; and\n (g) safe storage, administration, and diversion prevention policies\nregarding controlled substances and medical cannabis.\n 2. Notwithstanding any other provision of law, except as may be\nprovided by section 33.25 of the mental hygiene law, records, reports or\nother information maintained by the justice center, state oversight\nagencies, delegate investigatory entities, and facilities and provider\nagencies regarding the deliberations of an incident review committee\nshall be confidential, provided that nothing in this article shall be\ndeemed to diminish or otherwise derogate the legal privilege afforded to\nproceedings, records, reports or other information relating to a quality\nassurance function, including the investigation of an incident reported\npursuant to section 29.29 of the mental hygiene law, as provided in\nsection sixty-five hundred twenty-seven of the education law. For\npurposes of this section, a quality assurance function is a process
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