Or. Admin. Code § 419-120-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 419-120-0010 - Definitions

As used in OAR chapter 419, division 120, the following definitions apply:

(1) "Abuse" means as defined in ORS 430.735.

(2) "Abuse Investigation and Protective Services Report" means a written report completed under these rules (OAR chapter 419, division 120).

(3) "Adult" as used in OAR chapter 419, division 120 means an individual who is 18 years of age or older and receiving services for a mental illness in a state hospital.

(4) "Adult protective services" as defined in ORS 430.735 means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts, and to safeguard an allegedly abused adult's person, property, or funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult must be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(5) "Accused Person" (AP) means the OSH staff or visitor who is the respondent in an abuse investigation under these rules, alleged or determined to have committed abuse of a patient.

(6) "Alleged victim" means the patient who is reported, alleged or determined to be subjected to abuse.

(7) "Authority" means the Oregon Health Authority (OHA).

(8) "Caregiver" as defined in ORS 430.735 means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

(9) "Closed without abuse determination" means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so that the investigation cannot be completed.

(10) "Department" means the Oregon Department of Human Services (ODHS).

(11) "Exception for religious practice" means as defined in ORS 430.765 an adult who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner shall for this reason alone not be considered subjected to abuse under ORS 430.735 to 430.765.

(12) "Good cause" for an extension means:

(a) When law enforcement is conducting an investigation or in process of prosecution;

(b) A material party or witness is temporarily unavailable; or

(c) New evidence is discovered that leads to additional allegations.

(13) "Intimidation" means compelling or deterring conduct by threat.

(14) "Investigator" means an OTIS employee who is authorized and receives required training to screen and investigate allegations of abuse under these rules.

(15) "Law enforcement agency" (LEA) as defined in ORS 430.735 means:

(a) Any city or municipal police department;

(b) A police department established by a university under ORS 352.121 or 353.125;

(c) Any county sheriff's office;

(d) The Oregon State Police; or

(e) Any district attorney.

(16) "Not substantiated" means there is less than a preponderance of evidence to show that abuse occurred.

(17) "Office of Training, Investigations and Safety" (OTIS), formerly known as the Office Adult Abuse Prevention and Investigation" (OAAPI) means the unit within the Department of Human Services Shared Services.

(18) "Patient" means a person who is in the care and custody of the state hospital.

(19) "Redacted" means information deemed confidential under state or federal laws that are excluded from public record release.

(20) "Self-defense" as defined on ORS 430.768 and used in OAR 419-120-0070 (3), means the use of physical force upon another person in self-defense or to defend a third person.

(21) "Services" as defined in ORS 430.735 include but are not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other services essential to the well-being of the adult.

(22) "Staff" means:

(a) State hospital employees, including contractors and their employees or volunteers.

(b) Staff does not mean patients who perform work at OSH in accordance to ORS 179.440.

(23) "State Hospital" as described in ORS 426.010 means the Oregon State Hospital (OSH) campuses in Salem and in Junction City for persons with mental illness for care and treatment.

(24) "Substantiated" means that the preponderance of evidence establishes the abuse occurred.

(25) "Superintendent" refers to the chief executive officer of the state hospital, and includes designees per ORS 179.390.

(26) "Visitor" means all non-patient and non-staff persons within the state hospital secure area.

(27) "Unbiased investigation" means an investigation that is conducted that does not have an actual or potential conflict of interest with the outcome.

Or. Admin. Code § 419-120-0010

DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018; DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018; DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019; DHS 13-2022, minor correction filed 04/29/2022, effective 04/29/2022; DHS 7-2023, renumbered from 407-045-0415, filed 12/01/2023, effective 12/01/2023; OTIS 107-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731

Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390