1. (1) Abuse, neglect, exploitation, seclusion, and coercion are prohibited. Crisis Stabilization Centeremployees and the licensee must not permit, aid, or engage in abuse, neglect, exploitation, seclusion, or coercion of individuals.

2. (2) Known or suspected abuse, neglect, exploitation, seclusion, or coercion of individuals must be reported in accordance with ORS 430.735 or ORS 124.005.

   1. (a) The licensee and employees are mandatory reporters and must immediately report known or suspected abuse, neglect, exploitation, seclusion, or coercion of individuals, including events overheard or witnessed by observation to the investigative authority.
   2. (b) The local law enforcement agency must be called first when the suspected abuse is believed to be a crime (e.g., rape, murder, assault, burglary, kidnapping, theft of controlled substances).
3. (3) The Crisis Stabilization Center must not interfere with a good faith disclosure of information by an employee or volunteer concerning abuse, neglect, exploitation, seclusion, or coercion of individuals or other action affecting an individual’s safety or welfare.
4. (4) Anyone who, in good faith, reports abuse or suspected abuse has immunity, as approved by law, from any civil liability that might otherwise be incurred or imposed with respect to the making or content of an abuse complaint.
5. (5) Immunity under this rule does not protect self-reporting licensees from liability for the underlying conduct that is alleged in the complaint.
6. (6) The identity of a person making a report of abuse and any personally identifiable information, as defined in ORS 430.753 and ORS 430.763 or ORS 124.075, 123.085 and 124.090, is confidential and not subject to disclosure under ORS 192.311 to 192.478.
7. (7) The Department investigates reports of abuse in accordance with the adult abuse investigations in mental health services rules in OAR chapter 943, division 045.

8. (8) An unannounced abuse investigation will be carried out as soon as practicable and may include, but is not limited to:

   1. (a) Interviews of the abuse reporter, direct service workers, individuals, an individual’s legal representative, an individual’s family members, witnesses, Crisis Stabilization Center management and staff.
   2. (b) On-site observations of the individual(s), staff performance, and the related individual’s environment; and
   3. (c) Review of facility, personnel, and individual records.
9. (9) Immediate protection must be provided for the individual by the agency, in coordination with the investigative authority or OHA, as necessary, regardless of whether the report of alleged abuse is opened for investigation. The Crisis Stabilization Center must immediately cease any practice that places an individual at risk of serious harm.

10. (10) The Crisis Stabilization Center must cooperate with abuse and protective services investigations. The Crisis Stabilization Center must permit access to the Authority, Department, and law enforcement and must ensure:

    1. (a) Records are made available upon request including access to all facility, personnel, and individual records;
    2. (b) Allowance for the Authority, Department, and law enforcement to conduct private interviews with Crisis Stabilization Center personnel and individuals; and
11. (11) Oregon Health Authority and appropriate Local Public Health Authority are permitted access to the Crisis Stabilization Center and facility, personnel, and individual records pertinent to investigation of illness or outbreak, as authorized by law.
12. (12) Upon receipt of a notice of substantiated abuse for victims covered by ORS 430.735, the Crisis Stabilization Center must provide written notice of the findings to the person found to have committed abuse, the individual or the individual’s legal representative.
13. (13) Information obtained by the Authority or Department during an investigation of a complaint or reported violation is confidential and not subject to public disclosure under ORS 192.410 through 192.505. Upon the conclusion of the investigation, the Division or Department may publicly release a report of its findings but may not include information in the report prohibited from disclosure under state or federal laws. The Division may use any information obtained during an investigation in an administrative or judicial proceeding concerning the certification of a Crisis Stabilization Center and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 if that information pertains to a licensee of that board.

Statutory/Other Authority

ORS 183.310 -183.750, 179.040, 413.042, 413.032 - 413.033, 428.205 - 428.270, 430.624, 430.626 - 430.630, 430.640, 430.870, HB 2417 (2021) & 743A.168

Statutes/Other Implemented

ORS 183.310 - 183.750, 426.500, 428.205 - 428.270, 430.010, 430.021, 430.205 - 430.210, 430.254, 430.335, 430.620, 430.626 - 430.630, 430.637 & 414.665

History

BHS 2-2026, temporary adopt filed 03/20/2026, effective 03/20/2026 through 09/15/2026