As used in ORS 441.630 to 441.680:
(1) “Abuse” means:
- (a) Any physical injury to a resident of a long term care facility which has been caused by other than accidental means.
- (b) Failure to provide basic care or services, which failure results in physical harm or unreasonable discomfort or serious loss of human dignity.
- (c) Sexual contact with a resident caused by an employee, agent or other resident of a long term care facility by force, threat, duress or coercion.
- (d) Illegal or improper use of a resident’s resources for the personal profit or gain of another person.
- (e) Verbal or mental abuse as prohibited by federal law.
- (f) Corporal punishment.
- (g) Involuntary seclusion for convenience or discipline.
- (2) “Abuse complaint” means any oral or written communication to the department, one of its agents or a law enforcement agency alleging abuse.
- (3) “Department” means the Department of Human Services or a designee of the department.
- (4) “Facility” means a long term care facility, as defined in ORS 442.015.
(5) “Law enforcement agency” means:
- (a) Any city or municipal police department.
- (b) A police department established by a university under ORS 352.121 or 353.125.
- (c) Any county sheriff’s office.
- (d) The Oregon State Police.
- (e) Any district attorney.
(6) “Public or private official” means:
- (a) Physician, including any intern or resident.
- (b) Licensed practical nurse or registered nurse.
- (c) Employee of the Department of Human Services, a community developmental disabilities program or a long term care facility or person who contracts to provide services to a long term care facility.
- (d) Employee of the Oregon Health Authority, local health department or community mental health program.
- (e) Peace officer.
- (f) Member of the clergy.
- (g) Regulated social worker.
- (h) Physical, speech and occupational therapists.
- (i) Legal counsel for a resident or guardian or family member of the resident.
- (j) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state.
- (k) Personal support worker, as defined in ORS 410.600.
- (L) Home care worker, as defined in ORS 410.600.
[1979 c.770 §1; 1981 c.470 §7; 1981 c.784 §22; 1987 c.428 §26; 1989 c.721 §53; 1993 c.759 §1; 2001 c.104 §180; 2009 c.442 §41; 2009 c.595 §737; 2011 c.506 §42; 2013 c.180 §46; 2015 c.179 §4; 2015 c.736 §88; 2017 c.679 §41; 2018 c.75 §23; 2021 c.251 §4]