Current through Register Vol. 63, No. 3, March 1, 2024
(1) The
facility must have policies and procedures in place to assure the prevention
and appropriate response to any incident. In the case of incidents of abuse,
suspected abuse, or injury of unknown cause, policies and procedures must
follow the requirements outlined below. In the case of incidents that are not
abuse or injuries of unknown cause where abuse has been ruled out, the facility
must have policies and procedures in place to respond appropriately, which may
include such things as re-assessment, monitoring, or medication
review.
(2) ABUSE REPORTING. Abuse
is prohibited. The facility employees, agents and licensee must not permit,
aid, or engage in abuse of residents who are under their care.
(a) STAFF REPORTING. All facility employees
are required to immediately report abuse and suspected abuse to the local
Department office, or the local AAA, the facility administrator, or to the
facility administrator's designee.
(b) FACILITY REPORTING. The facility
administrator, or designee, must immediately notify the local Department
office, or the local AAA, of any incident of abuse or suspected abuse,
including events overheard or witnessed by observation.
(c) LAW ENFORCEMENT AGENCY. The local law
enforcement agency must be called first when the suspected abuse is believed to
be a crime (e.g., rape, murder, assault, burglary, kidnapping, theft of
controlled substances, etc.).
(d)
INJURY OF UNKNOWN CAUSE. Physical injury of unknown cause must be reported to
the local Department office, or the local AAA, as suspected abuse, unless an
immediate facility investigation reasonably concludes and documents that the
physical injury is not the result of abuse.
(3) FACILITY INVESTIGATION OF ABUSE OR
SUSPECTED ABUSE. In addition to immediately reporting abuse or suspected abuse
to the Department, AAA, or the law enforcement agency, the facility must
promptly investigate all reports of abuse and suspected abuse and take measures
necessary to protect residents and prevent the reoccurrence of abuse.
Investigation of suspected abuse must document:
(a) Time, date, place and individuals
present;
(b) Description of the
event as reported;
(c) Response of
staff at the time of the event;
(d)
Follow-up action; and
(e)
Administrator's review.
(4) IMMUNITY AND PROHIBITION OF RETALIATION.
(a) The facility shall not interfere with a
good faith disclosure of information by an employee or volunteer concerning
abuse or other action affecting a resident's safety or welfare. The information
that is shared may include the reporting of violations of licensing or
certification requirements, criminal activity at the facility, violations of
state or federal laws or any practice that threatens the health and safety of a
resident of the facility to:
(A) The Long-Term
Care Ombudsman, the Oregon Department of Human Services, a law enforcement
agency or other entity with legal or regulatory authority over the facility;
or
(B) A family member, guardian,
friend or other person who is acting on behalf of the resident.
(b) Unless performed with the
intent to comply with state or federal law, including but not limited to
protecting residents' rights or carrying out a facility's policies and
procedures that are consistent with state and federal law, it is interference
with the disclosure of information as described in subsection (a) if a
facility:
(A) Asks or requires an employee or
volunteer to sign a nondisclosure or similar agreement prohibiting the employee
or volunteer from disclosing the information;
(B) Trains an employee or volunteer not to
disclose the information; or
(C)
Takes actions or communicates to the employee or volunteer that the employee or
volunteer may not disclose the information.
(c) The facility licensee, employees and
agents must not retaliate in any way against anyone who participates in the
making of an abuse complaint, including but not limited to restricting
otherwise lawful access to the facility or to any resident, or if an employee,
dismissal or harassment.
(d) Anyone
who, in good faith, reports abuse or suspected abuse shall have immunity from
any liability that might otherwise be incurred or imposed with respect to the
making or content of an abuse complaint.
Statutory/Other Authority: ORS
410.070,
443.450 &
443.417
Statutes/Other Implemented: ORS
443.400
- 443.455 & 443.991
