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

   1. (a) The Department’s OTIS either by phone or in writing; and
   2. (b) The OSH Superintendent or their designee.

2. (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:

   1. (a) The name, age and present location of the allegedly abused adult or patient;
   2. (b) The names and addresses of the persons responsible for the adult’s care;
   3. (c) The nature and extent of the alleged abuse, including any evidence of previous abuse;
   4. (d) Any information that led the reporter to suspect abuse occurred;
   5. (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
   6. (f) The date of the incident.

3. (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.

   1. (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;
   2. (b) To ascertain if a criminal investigation is being conducted; and
   3. (c) Obtain all copies of any law enforcement reports.
4. (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. (5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to:

   1. (a) Screen the complaint to determine whether an abuse investigation is required under these rules;
   2. (b) Determine whether the alleged victim sustained any serious injury, and
   3. (c) Assess the need for protective services per OAR 419-120-0050.
6. (6) OTIS shall maintain all complaints of alleged abuse in a confidential location.

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

History

OTIS 109-2023, minor correction filed 12/01/2023, effective 12/01/2023
DHS 7-2023, renumbered from 407-045-0435, filed 12/01/2023, effective 12/01/2023
DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019
DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018
DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018