Current through Register Vol. 63, No. 9, September 1, 2024
(1) Investigation
of allegations of abuse shall be thorough and unbiased by a trained OTIS
investigator. OSH must provide the investigator access to employees, patients
and the premises for investigation purposes.
(2) In conducting the abuse investigation,
the investigator shall attempt and, when possible, complete the following:
(a) Make in-person contact with the alleged
victim;
(b) Interview the alleged
victim, witnesses, the AP and others who may have knowledge of the facts of the
abuse allegation or related circumstances.
(A)
Interviews shall be conducted in-person where practicable.
(B) For any person interviewed who needs an
accommodation, such as language translation or other accommodation, the
investigator shall note the information in the investigation report.
(C) The investigator to ask the date of birth
for each individual interviewed and shall obtain the date of birth of any
AP.
(D) If the AP is an OSH
visitor, the investigator shall ask if the AP is a Department or Authority
employee or volunteer, and document the response as part of the investigation
information.
(i) If affirmed, the AP must be
given the Department form letter that outlines the required obligation to
notify ODHS/OHA Human Resource; and
(ii) The investigator must ensure the
findings in the approved abuse investigation report, including notice of
outcome and final orders are provided to the ODHS/OHA Human Resources for
follow-up.
(E) The
investigator shall document any relevant investigative interviews that did not
occur, efforts made and the reasoning.
(i) The
investigator shall make at least three attempts to contact the AP for an
investigative interview when no response to an interview request
occurs.
(ii) At least one attempt
shall be made by phone to the last known number and one by mail to the last
known address.
(iii) OTIS shall
notify the ODHS| OHA Human Resources by copy of any written correspondences
sent to an OSH staff.
(c) Review all records or evidence relevant
and material to the complaint; and
(d) Photograph the alleged victim's injuries
consistent with trained guidelines, or arrange for the alleged victim to be
photographed, to preserve evidence of the condition of the alleged victim at
the time of investigation, unless the alleged victim knowingly refuses to be
photographed or clinically contraindicated due to health, safety and
well-being.
(3) All
patient and hospital records necessary for the investigation must be available
to the investigator for inspection and copying. This may include, but is not
limited to statements, event reports, employee training records, visitor logs,
diagrams, policies, photographs and videos.
(a) Any relevant record used in an
investigative interview will be noted in the respective witness statement;
and
(b) The relevant record will be
included in the submitted investigation report.
(4) Any variance from the investigative
processes in this rule shall be staffed and approved by the OTIS manager. The
reason for the variance and the name of the OTIS personnel who approved the
variance must be documented clearly in the investigative report.
(5) If the investigator believes an
allegation meets the conditions to be considered closed without an abuse
determination, then OTIS manager approval to close shall be obtained.
(a) Investigative efforts and information
obtained as described in (2) of this section shall be documented in the written
report submitted for management approval to close.
(b) OTIS will notify the AP in writing of the
date the abuse investigation was determined closed without an abuse
determination.
(c) A copy of
investigative information described in (a) and (b) shall be provided to the
ODHS| OHA Human Resources and OSH Superintendent.
Statutory/Other Authority: ORS
409.010,
409.010,
413.085,
426.010 & 430.731
Statutes/Other Implemented: 430.768, 426.385, 430.210,
430.731, 430.735 - 430.765 & ORS
179.390
