Or. Admin. Code § 419-120-0030

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

Section 419-120-0030 - Initial Action on Complaints of Alleged Abuse

(1) State hospital staff are required to immediately report alleged abuse of patients to:

(a) The Department's OTIS either by phone or in writing; and

(b) The OSH Superintendent or their designee.

(2) Upon receiving a complaint alleging abuse, OTIS shall document the reported information required by ORS 430.743 and any additional information reported. OTIS shall attempt to elicit the following information from the reporter:

(a) The name, age and present location of the allegedly abused adult or patient;

(b) The names and addresses of the persons responsible for the adult's care;

(c) The nature and extent of the alleged abuse, including any evidence of previous abuse;

(d) Any information that led the reporter to suspect abuse occurred;

(e) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP; and

(f) The date of the incident.

(3) If there is reason to believe a crime has been committed, the investigator shall immediately within one business day notify the law enforcement agency having jurisdiction.

(a) The investigator shall follow-up with law enforcement if it was reported a police report was filed to ensure the suspected crime or alleged abuse was reported;

(b) To ascertain if a criminal investigation is being conducted; and

(c) Obtain all copies of any law enforcement reports.

(4) The investigator shall notify the appropriate medical examiner in cases when there is reasonable cause to believe that a patient has died as a result of abuse. The investigator shall also immediately notify the Authority Director.

(5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to:

(a) Screen the complaint to determine whether an abuse investigation is required under these rules;

(b) Determine whether the alleged victim sustained any serious injury, and

(c) Assess the need for protective services per OAR 419-120-0050.

(6) OTIS shall maintain all complaints of alleged abuse in a confidential location.

Or. Admin. Code § 419-120-0030

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 7-2023, renumbered from 407-045-0435, filed 12/01/2023, effective 12/01/2023; OTIS 109-2023, 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