309-045-0560 Temporary rule language in effect until 04/06/2026. Investigations (1) The Agency with Choice licensee, agents and employees must not permit, aid, or engage in abuse of individuals served by the Agency with Choice. (2) All Agency with Choice licensees, agents and employees are mandatory reporters and must immediately report known or suspected abuse, or physical injury of unknown cause, to the ODHS SAFE line (1-855-503-SAFE(7233)), IQA service coordinator, or local law enforcement agency. (3) The local law enforcement agency must be called first when the known or suspected abuse is believed to be a crime. (4) The Agency with Choice must not interfere with a good faith disclosure of information by an employee or volunteer concerning abuse, neglect, exploitation, seclusion, or coercion of individuals or other action affecting an individual’s safety or welfare. (5) Anyone who, in good faith, reports abuse or suspected abuse has immunity, as approved by law, from any civil liability that might otherwise be incurred or imposed with respect to the making or content of an abuse complaint. (6) Immunity under this rule does not protect self-reporting licensees from liability for the underlying conduct that is alleged in the complaint. (7) The identity of a person making a report of abuse and any personally identifiable information is confidential and not subject to disclosure under ORS 192.311 to 192.478 . (8) Immediate protection must be provided for the individual by the agency, in coordination with the investigative authority or OHA, as necessary, regardless of whether the report of alleged abuse is opened for investigation. The licensee or administrator must immediately cease any practice that places an individual at risk of serious harm. (9) The Agency with Choice must cooperate with abuse and protective services and law enforcement investigations. The Agency with Choice must permit access to the investigative authority and law enforcement and must ensure: (a) Records are made available upon request including access to all agency, personnel, and individual records; (b) Allowance for the investigative authority and law enforcement to conduct private interviews with Agency with Choice employees without the Agency with Choice administrator present; (c) Oregon Health Authority and appropriate Local Public Health Authority are permitted access to the Agency with Choice and agency, personnel, and individual records pertinent to investigation of illness or outbreak, as authorized by law. (10) An Agency with Choice must immediately terminate employment of a direct support worker who has a substantiated claim of abuse or neglect from serving an individual. (11) Information obtained by the investigative authority during an investigation of a complaint or reported violation is confidential and not subject to public disclosure under ORS 192.410 through 192.505 . Upon the conclusion of the investigation, the Division or Department may publicly release a report of its findings but must not include information in the report prohibited from disclosure under state or federal laws. The Division may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an Agency with Choice and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 if that information pertains to a licensee of that board. Statutory/Other Authority: ORS 413.042, Oregon Law 2024, Chapter 37 & HB 4129 (2024) Statutes/Other Implemented: Oregon Law 2024, Chapter 37 History: BHS 23-2025, temporary adopt filed 10/09/2025, effective 10/09/2025 through 04/06/2026