of a fiduciary due to a finding of mental incompetency and if the Department has a reasonable basis based on articulable facts that a person may be a danger to self or others. After such reasonable basis is found, the Department may then proceed to formally determine, based on clear and convincing evidence, whether such person is a danger to self or others for purposes of reporting to the National Instant Criminal Background Check System. (2) Factors To consider in the course of determining a reasonable basis In analyzing whether a reasonable basis exists that a person is a danger to self or others, the Department may consider all records reviewed in the course of assigning a fiduciary. Once that reasonable basis is found to exist, the Department may then proceed to formally determine, based on clear and convincing evidence, whether a person is a danger to self or others for purposes of reporting to the National Instant Criminal Background Check System. (3) Factors To consider in the course of determining whether a person is a danger to self or others (A) In analyzing whether a person is a danger to self or others, the Department may consider all records reviewed in the course of assigning a fiduciary and a person’s existing medical records. (B) In analyzing whether a person is a danger to self or others, the Department may consider a current statement from the beneficiary’s primary-health physician assessing the beneficiary’s current and past (5-year period preceding the initiation of this process) mental health status, specifically whether the beneficiary has ever been a danger to self or others. A statement shall be considered current if it is based upon an assessment conducted during the 90-day period immediately preceding the initiation of the Medical Review. (C) In analyzing whether a person is a danger to self or others, the Department may consider the beneficiary’s reputation, as provided in statements and other evidence relating to the beneficiary. These statements must identify the person supplying the