Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
investigator is required to follow the abuse investigation and protective
services assessment report formats provided by OTIS.
(2) Within 55 calendar days of receiving the
complaint alleging abuse, a completed abuse investigation report shall be
submitted by the investigator to OTIS for approval to close. The report shall
include:
(a) A separate statement of the
alleged abuse for each allegation investigated;
(b) The assessment of protective services,
including those offered or provided and determined as needed to the
adult;
(c) A list of all witnesses
interviewed and a summary of the relevant information provided by each
witness;
(d) Relevant records
obtained;
(e) A summary of findings
and a conclusion concerning each alleged abuse allegation;
(f) A specific finding of substantiated or
not substantiated for each alleged abuse allegation investigated except those
allegations approved to be closed without abuse determination;
(g) Any recommended actions and a
determination of whether protective services are needed of the community
program or facility with the timelines for completing these actions;
(h) A list of any notices to be made to
licensing or certifying agencies;
(i) The name and title of the investigator
completing the report;
(j) The name
and title of the OTIS coordinator or OTIS manager who reviewed the report;
and
(k) The date the report is
submitted to OTIS for approval.
(3) In cases where the investigator cannot
complete an investigation within 55 calendar days and for good cause, the
investigator may submit a request for an extension of time to OTIS. When
granting an extension, OTIS may consult with the investigator about the need
for an extension.
(4) Within 5
calendar days of receiving a completed abuse investigation and protective
services report, the OTIS coordinator or OTIS manager shall review the report
and:
(a) Approve for closure, or
(b) Work with the investigator to obtain
necessary information or corrections so the report can be approved to
close.
(5) The OTIS
coordinator or OTIS manager shall list the name and address of entities who are
to receive a copy of the confidential investigation report from OTIS. If
applicable, OTIS shall distribute copies of confidential abuse investigation
reports to:
(a) The Authority's Health Systems
Division or the Department's licensing agency involving their regulated
facilities or certified service providers.
(b) A law enforcement agency, if the findings
are substantiated and there is reasonable cause to believe a crime
occurred.
(c) The public agency
that licenses or certifies a facility, if other than (a).
(d) The public agency or board that licenses
or certifies the AP practicing therein, if the findings are substantiated and
upheld following the contested case process.
(6) OTIS investigations for
Authority-operated facilities licensed under ORS
443.400 that are located at
State Hospital campuses described in ORS
426.010, shall also address in
the written report:
(a) Whether the AP made a
claim of self-defense during the investigation; and
(b) A finding whether the AP was acting in
self-defense.
(c) In making this
finding, the investigator shall find the allegation not substantiated when:
(A) The AP was acting in self-defense in
response to the use or imminent use of physical force;
(B) The amount of force used was reasonably
necessary to protect the AP from violence or assault; and
(C) The AP used the least restrictive
procedures necessary under the circumstances in accordance with an approved
behavior management plan or other method of response approved by the Department
or Authority by rule.
Statutory/Other Authority: ORS
409.010,
409.050,
413.085 & ORS
430.731
Statutes/Other Implemented: ORS
430.731, ORS
409.027,
413.036, ORS
430.205 and
430.210,
430.735 to
430.765,
430.768,
443.400 to
443.465,
443.705 - 443.825, 443.875 &
430.610 to 430.695
