1. (1) OTIS shall issue written Final Orders to the AP for all substantiated allegations of abuse investigated under ORS 430.735 to 430.765.
2. (2) All Final Orders shall be signed by the OTIS director as authorized by the Department Director.

3. (3) The Final Order shall be issued when:

   1. (a) When no request for a review is received after 30 calendar days from the date of the Notice of Substantiated Abuse; or
   2. (b) Upon completion of the administrative review process detailed in OAR 419-130-0090.

4. (4) Final Orders shall be mailed by OTIS within 7 calendar days to the AP.

   1. (a) Copies of this Final Order shall be electronically sent to:

      1. (A) OHA BHD; and
      2. (B) The SUD facility.
   2. (b) If applicable, OTIS will provide a copy of this Final Order to the ODHS/OHA Human Resources for cases involving ODHS or OHA employees or volunteers.
5. (5) OTIS shall notify regulatory agencies who license or certify an AP practicing therein of Final Orders issued for substantiated abuse findings. The written notification will not re-disclose any 42 CFR Part 2 information and a copy will be provided to OHA BHD.
6. (6) The Final Order is considered part of the investigation case records.

Statutory/Other Authority

ORS 409.010, ORS 430.731, 409.050 & 413.085

Statutes/Other Implemented

ORS 430.731, 430.205, ORS 183.480, 430.735 - 430.765, 443.400 – 443.455, 42 CFR, Part 2, Oct. 1, 2018, 430.256, 430.210, 183.484, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640

History

OTIS 71-2024, minor correction filed 12/04/2024, effective 12/04/2024
OTIS 126-2023, minor correction filed 12/01/2023, effective 12/01/2023
DHS 7-2023, renumbered from 407-045-1100, filed 12/01/2023, effective 12/01/2023
DHS 16-2022, minor correction filed 04/29/2022, effective 04/29/2022
DHS 4-2021, amend filed 03/11/2021, effective 03/15/2021
DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020