309-118-0005 Definitions As used in these rules: (1) “Abuse” means any act or absence of action toward a patient by staff that falls within the definition of abuse found in ORS 430.735. (2) “Allegation of Abuse” means a grievance by a patient or their representative alleging that the patient has been abused by OSH staff. (3) “Communicable Disease” means a disease or condition, the infectious agent of which may be transmitted by any means from one individual or from an animal to an individual, that may result in illness, death or severe disability. (4) “Director” or “OHA Director” means the individual appointed by the governor to act as the executive head of OHA and is the governing body of OSH. For purposes of these rules, “Director” or “OHA Director” also includes the Director’s designee. (5) “Grievance” means a patient’s or their representative’s complaint regarding: (a) The substance or application of any rule or OSH policy that adversely affects the patient; (b) The lack of a rule or OSH policy concerning a matter that adversely affects the patient; or (c) Any decision or action by OSH staff that adversely affects the patient. (6) “Grievance Committee” means a committee at OSH, delegated by the Director of the Oregon Health Authority, to have the responsibility of reviewing and resolving all patient grievances, and is made up of more than one OSH or OHA staff member. (7) “Informal Complaint” means a patient’s or their representative’s written or verbal complaint involving a relatively minor request or dissatisfaction regarding the patient’s care that can be addressed at the time of the complaint by staff present. Examples include: a change in bedding, housekeeping of a room, and serving a preferred food and beverage. An informal complaint does not include: (a) An allegation of abuse, neglect, patient harm, or the hospital’s compliance with CMS requirements; or (b) An issue that cannot be resolved at the time of the complaint by staff present, is postponed for later resolution, is referred to other staff for later resolution, requires investigation, or requires further actions for resolution. (8)“Isolation” means the physical separation and confinement of an individual or a group of individuals who are infected or reasonably believed to be infected with a communicable disease or possible communicable disease from non-isolated individuals to prevent or limit the transmission of the disease to non-isolated individuals. (9) “Oregon Health Authority” or “OHA” means the state agency that is responsible for operating, controlling, managing and supervising OSH. (10) “Oregon State Hospital” or “OSH” or “hospital” means any campus of the Oregon State Hospital system. (11) “Ombuds” means an OSH staff member designated by the Superintendent to provide consultation to the Grievance Committee and to potentially provide another level of review of the grievance resolution. (12) “Patient” means an individual who is receiving care and/or treatment at OSH, whether the program where the individual is receiving care and/or treatment is licensed as hospital level of care or other licensed level of care. (13) “Quarantine” means the physical separation and confinement of an individual or group of individuals who have been or may have been exposed to a communicable disease or a possible communicable disease and who do not show signs or symptoms of a communicable disease, from other individuals who have not been exposed to a communicable disease or possible communicable disease and who do not show signs or symptoms of a communicable disease, to prevent or limit the transmission of the disease to other individuals. (14) “Representative” means an individual who has the legal authority or agreement of the patient to act on behalf of the patient with respect to the grievance or review of the grievance, including, but not limited to a relative, friend, staff member, attorney or legal guardian. A patient shall not act as a “representative” for another patient in the informal complaint, grievance or review process. (15) ”Review Process” means a separate procedure that allows the Ombuds and/or OHA Director to review the resolution the grievance. (16) “Superintendent” means the executive head of OSH or their designee. (17) “Treatment Staff” means OSH staff who provide direct treatment to patients. Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360 Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360 History: BHS 25-2022, amend filed 12/20/2022, effective 12/20/2022 BHS 10-2022, temporary amend filed 06/28/2022, effective 06/28/2022 through 12/24/2022 BHS 4-2021, amend filed 02/17/2021, effective 02/17/2021 MHD 15-1982, f. 7-9-82, ef. 7-23-82