Oregon Administrative Rules
Chapter 114 - LONG TERM CARE OMBUDSMAN
Division 5 - ACCESS, INVESTIGATION AND REPORTING PROCEDURES
Section 114-005-0010 - Access to Resident

(1) The Ombudsman or designee may communicate privately with any consenting resident. The Ombudsman and designee shall have access to each resident in private to determine if the resident wishes to communicate with the Ombudsman or designee. The resident's refusal to communicate with the Ombudsman or designee shall not be relayed by an intermediary. In a multi-bed room, a resident's refusal to communicate with the Ombudsman or designee shall not keep the Ombudsman or designee from entering or communicating with other residents. If the resident's room does not permit private consultation to occur between the Ombudsman or designee and resident, or if such consultation infringes upon the rights of roommates, then the facility shall provide an appropriate private place for such meetings. The resident(s) and the Ombudsman or designee may also meet in any common area of the facility unless their presence there would infringe upon the privacy or other rights of other residents.

(2) When encountering a closed door the Ombudsman or designee shall knock and listen for a response. If there is no response, the Ombudsman or designee may open the door and announce his/her presence as entering. If residents are observed in a situation or condition requiring privacy, the Ombudsman or designee shall excuse themselves and close the door upon exiting.

(3) When encountering a closed privacy curtain, the Ombudsman or designee shall request permission from the resident to enter the curtained area. If the resident does not respond, the Ombudsman or designee shall request that staff of the long term care facility determine if the resident is asleep or receiving treatment or services. If the resident is sleeping or receiving treatment or services, the Ombudsman or designee may not enter the curtained area. If the resident is not sleeping or receiving treatment or services, the Ombudsman or designee may enter the curtained area to determine if the resident wishes to communicate with the Ombudsman or designee.