Oregon Administrative Rules
Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY
Division 120 - PATIENT ABUSE INVESTIGATIONS AT THE OREGON STATE HOSPITALS
Section 419-120-0010 - Definitions

(1) "Abuse" means as defined in ORS 430.735.

(2) "Abuse Investigation and Protective Services Report" means a written report completed under these rules (OAR chapter 419, division 120).

(3) "Adult" as used in OAR chapter 419, division 120 means an individual who is 18 years of age or older and receiving services for a mental illness in a state hospital.

(4) "Adult protective services" as defined in ORS 430.735 means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts, and to safeguard an allegedly abused adult's person, property, or funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult must be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(5) "Accused Person" (AP) means the OSH staff or visitor who is the respondent in an abuse investigation under these rules, alleged or determined to have committed abuse of a patient.

(6) "Alleged victim" means the patient who is reported, alleged or determined to be subjected to abuse.

(7) "Authority" means the Oregon Health Authority (OHA).

(8) "Caregiver" as defined in ORS 430.735 means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

(9) "Closed without abuse determination" means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so that the investigation cannot be completed.

(10) "Department" means the Oregon Department of Human Services (ODHS).

(11) "Exception for religious practice" means as defined in ORS 430.765 an adult who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner shall for this reason alone not be considered subjected to abuse under ORS 430.735 to 430.765.

(12) "Good cause" for an extension means:

(13) "Intimidation" means compelling or deterring conduct by threat.

(14) "Investigator" means an OTIS employee who is authorized and receives required training to screen and investigate allegations of abuse under these rules.

(15) "Law enforcement agency" (LEA) as defined in ORS 430.735 means:

(16) "Not substantiated" means there is less than a preponderance of evidence to show that abuse occurred.

(17) "Office of Training, Investigations and Safety" (OTIS), formerly known as the Office Adult Abuse Prevention and Investigation" (OAAPI) means the unit within the Department of Human Services Shared Services.

(18) "Patient" means a person who is in the care and custody of the state hospital.

(19) "Redacted" means information deemed confidential under state or federal laws that are excluded from public record release.

(20) "Self-defense" as defined on ORS 430.768 and used in OAR 419-120-0070 (3), means the use of physical force upon another person in self-defense or to defend a third person.

(21) "Services" as defined in ORS 430.735 include but are not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other services essential to the well-being of the adult.

(22) "Staff" means:

(23) "State Hospital" as described in ORS 426.010 means the Oregon State Hospital (OSH) campuses in Salem and in Junction City for persons with mental illness for care and treatment.

(24) "Substantiated" means that the preponderance of evidence establishes the abuse occurred.

(25) "Superintendent" refers to the chief executive officer of the state hospital, and includes designees per ORS 179.390.

(26) "Visitor" means all non-patient and non-staff persons within the state hospital secure area.

(27) "Unbiased investigation" means an investigation that is conducted that does not have an actual or potential conflict of interest with the outcome.