Or. Admin. Code § 419-120-0060

Current through Register Vol. 63, No. 11, November 1, 2024

Section 419-120-0060 - Investigation by the Department's Office of Training, Investigations and Safety

(1) Investigation of allegations of abuse shall be thorough and unbiased by a trained OTIS investigator. OSH must provide the investigator access to employees, patients and the premises for investigation purposes.

(2) In conducting the abuse investigation, the investigator shall attempt and, when possible, complete the following:

(a) Make in-person contact with the alleged victim;

(b) Interview the alleged victim, witnesses, the AP and others who may have knowledge of the facts of the abuse allegation or related circumstances.

(A) Interviews shall be conducted in-person where practicable.

(B) For any person interviewed who needs an accommodation, such as language translation or other accommodation, the investigator shall note the information in the investigation report.

(C) The investigator to ask the date of birth for each individual interviewed and shall obtain the date of birth of any AP.

(D) If the AP is an OSH visitor, the investigator shall ask if the AP is a Department or Authority employee or volunteer, and document the response as part of the investigation information.

(i) If affirmed, the AP must be given the Department form letter that outlines the required obligation to notify ODHS/OHA Human Resource; and

(ii) The investigator must ensure the findings in the approved abuse investigation report, including notice of outcome and final orders are provided to the ODHS/OHA Human Resources for follow-up.

(E) The investigator shall document any relevant investigative interviews that did not occur, efforts made and the reasoning.

(i) The investigator shall make at least three attempts to contact the AP for an investigative interview when no response to an interview request occurs.

(ii) At least one attempt shall be made by phone to the last known number and one by mail to the last known address.

(iii) OTIS shall notify the ODHS| OHA Human Resources by copy of any written correspondences sent to an OSH staff.

(c) Review all records or evidence relevant and material to the complaint; and

(d) Photograph the alleged victim's injuries consistent with trained guidelines, or arrange for the alleged victim to be photographed, to preserve evidence of the condition of the alleged victim at the time of investigation, unless the alleged victim knowingly refuses to be photographed or clinically contraindicated due to health, safety and well-being.

(3) All patient and hospital records necessary for the investigation must be available to the investigator for inspection and copying. This may include, but is not limited to statements, event reports, employee training records, visitor logs, diagrams, policies, photographs and videos.

(a) Any relevant record used in an investigative interview will be noted in the respective witness statement; and

(b) The relevant record will be included in the submitted investigation report.

(4) Any variance from the investigative processes in this rule shall be staffed and approved by the OTIS manager. The reason for the variance and the name of the OTIS personnel who approved the variance must be documented clearly in the investigative report.

(5) If the investigator believes an allegation meets the conditions to be considered closed without an abuse determination, then OTIS manager approval to close shall be obtained.

(a) Investigative efforts and information obtained as described in (2) of this section shall be documented in the written report submitted for management approval to close.

(b) OTIS will notify the AP in writing of the date the abuse investigation was determined closed without an abuse determination.

(c) A copy of investigative information described in (a) and (b) shall be provided to the ODHS| OHA Human Resources and OSH Superintendent.

Or. Admin. Code § 419-120-0060

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 22-2022, minor correction filed 05/02/2022, effective 05/02/2022; DHS 7-2023, renumbered from 407-045-0465, filed 12/01/2023, effective 12/01/2023; OTIS 112-2023, minor correction filed 12/01/2023, effective 12/1/2023

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

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