1. (1) The abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection.
2. (2) OTIS shall inform BHD Licensing of notifications to other health care professional boards for an AP with a Final Order of substantiated abuse and whose treatment practice is regulated by another professional licensing or certification board.
3. (3) Individuals or entities receiving confidential information pursuant to this rule shall be informed they are to maintain the confidentiality of the information and shall not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law.
4. (4) A centralized record of all abuse investigation reports without Part 2 records and information shall be maintained by OTIS and BHD for abuse investigations conducted by OTIS under ORS 430.735.

Statutory/Other Authority

ORS 409.010, ORS 430.731, 409.050 & 413.085

Statutes/Other Implemented

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

History

OTIS 72-2024, minor correction filed 12/04/2024, effective 12/04/2024
OTIS 127-2023, minor correction filed 12/01/2023, effective 12/01/2023
DHS 7-2023, renumbered from 407-045-1110, filed 12/01/2023, effective 12/01/2023
DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020