justicedao/ipfs_state_laws huggingface dataset:
419-110-0120 County Multidisciplinary Teams (1) The CMHP shall participate in its county Multidisciplinary Team (MDT) to coordinate and collaborate on protective services for the abuse of adults with developmental disabilities or mental illness or both. (2) All confidential information protected by state and federal law that is shared or obtained by MDT members in the exercise of their duties on the MDT is confidential and may not be further disclosed except as permitted by law. (3) The CMHP designee or OTIS shall provide an annual report to the MDT reporting the number of investigated and substantiated allegations of abuse of adults and the number referred to law enforcement in the county. Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731 Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825 & 413.036 History: OTIS 105-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0240, filed 12/01/2023, effective 12/01/2023 DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019 DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019 DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019 DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018 DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18
419-120-0000 Purpose and Scope (1) The purpose of these rules, OAR chapter 419, division 120, is to establish the procedures for reporting, investigating and resolving allegations of patient abuse in the Oregon State Hospitals. (2) The Department’s Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of ensuring investigations of alleged patient abuse at the state hospitals are conducted in a uniform, objective and thorough manner. (3) OTIS shall: (a) Receive all mandatory reports of alleged patient abuse by state hospital staff or visitors; (b) Coordinate the assessment for protective services with the state hospital; and (c) Conduct thorough and unbiased the investigations to make abuse findings as required by ORS 430.735 to 430.768 and these rules. Statutory/Other Authority: 430.731, ORS 409.010, 413.085, 426.010 & 409.050 Statutes/Other Implemented: 430.731, 430.735 - 430.765, 430.768, 430.210, ORS 179.390 & 426.385 History: OTIS 106-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0405, filed 12/01/2023, effective 12/01/2023 DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018 DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018
419-120-0020 Training for Individuals Investigating Reports of Alleged Abuse (1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination about the alleged abuse. (a) Training shall include initial and continuing education to address initial action on complaints, screen and conduct abuse investigations. (b) The training shall address the cultural and social diversity of Oregon, and focus on the vulnerable populations served and those who provide services, and include trauma-informed practices. (2) OTIS employees conducting investigations under these rules (OAR chapter 419, division 120) are required to participate in the quarterly meetings provided investigators and demonstrate an understanding of investigative core competencies. Core competencies in the areas of: (a) Interviewing; (b) Gathering relevant information through records and site visits; (c) Weighing the evidence; and (d) Making abuse determinations. Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731 Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390 History: OTIS 108-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0425, filed 12/01/2023, effective 12/01/2023 DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018 DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018
419-120-0030 Initial Action on Complaints of Alleged Abuse (1) State hospital staff are required to immediately report alleged abuse of patients to: (a) The Department’s OTIS either by phone or in writing; and (b) The OSH Superintendent or their designee. (2) Upon receiving a complaint alleging abuse, OTIS shall document the reported information required by ORS 430.743 and any additional information reported. OTIS shall attempt to elicit the following information from the reporter: (a) The name, age and present location of the allegedly abused adult or patient; (b) The names and addresses of the persons responsible for the adult’s care; (c) The nature and extent of the alleged abuse, including any evidence of previous abuse; (d) Any information that led the reporter to suspect abuse occurred; (e) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP; and (f) The date of the incident. (3) If there is reason to believe a crime has been committed, the investigator shall immediately within one business day notify the law enforcement agency having jurisdiction. (a) The investigator shall follow-up with law enforcement if it was reported a police report was filed to ensure the suspected crime or alleged abuse was reported; (b) To ascertain if a criminal investigation is being conducted; and (c) Obtain all copies of any law enforcement reports. (4) The investigator shall notify the appropriate medical examiner in cases when there is reasonable cause to believe that a patient has died as a result of abuse. The investigator shall also immediately notify the Authority Director. (5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to: (a) Screen the complaint to determine whether an abuse investigation is required under these rules; (b) Determine whether the alleged victim sustained any serious injury, and (c) Assess the need for protective services per OAR 419-120-0050. (6) OTIS shall maintain all complaints of alleged abuse in a confidential location. Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731 Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390 History: OTIS 109-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0435, filed 12/01/2023, effective 12/01/2023 DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018 DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018
419-120-0050 Assessment for and Provision of Protective Services for Patients (1) Upon receipt of a mandatory report of alleged abuse, OTIS shall contact OSH to begin assessing needed or provided protective services, in collaboration with OSH. (a) An attempt at direct contact with the alleged victim by OTIS or facilitated by OSH upon OTIS request, by the end of the next business day of receiving the complaint of alleged abuse shall occur as part of assessing protective service needs, determining if the alleged victim is in danger or in need of immediate protective services. (b) OTIS or OSH may delay direct contact if the patient’s clinician states a health, safety or well-being concern exists. (2) Assessment for the provision of protective services may include: (a) Arranging for the immediate protection of the alleged victim; (b) In-person contact with the alleged victim to assess their ability to protect their own interest or give informed consent; (c) Determining the alleged victim’s ability to understand the nature of the protective service and their willingness to accept services; (d) Coordinating evaluations to determine or verify the alleged victim’s physical and mental status, if necessary; (e) Assisting in and arranging for appropriate services and alternative living arrangements; (f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse; (g) Providing advocacy to assure the alleged victim’s rights and entitlements are protected; and (h) Consulting with the guardian or others as appropriate in developing recommendations or requirements to prevent further abuse. (3) OTIS shall communicate with OSH in coordinating the assessment and assurance of protective services for the alleged victim. OTIS and OSH may share confidential information appropriate or necessary for the health, safety and best interests of the alleged victim in need of protection if the information is necessary for: (a) The provision of protective services; (b) The function of licensing and certifying agencies; or (c) Mandatory reporting to law enforcement agencies. (4) OTIS shall document the protective services assessment and provisions provided by OSH, including those needed, offered and declined, to be maintained as part of the complaint record. The assessment is considered confidential patient information. Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731 Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390 History: OTIS 111-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0455, filed 12/01/2023, effective 12/01/2023 DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018 DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018
419-120-0080 Notifications at the Conclusion of an Investigation (1) After an abuse determination is made and the abuse investigation report has been approved to close, OTIS must make and document the notifications described in this rule. (2) OTIS must notify the AP as provided in this section: (a) When a report is determined to be not substantiated under these rules, OTIS must provide written notice to the AP. (b) When a report is determined to be substantiated under these rules, OTIS must send a Notice of Abuse Determination to the AP as provided in this subsection: (A) The Notice of Abuse Determinationwith a copy of the redacted abuse investigation report must be sent to the AP by all of the following: (i) Regular mail. (ii) Certified mail with return receipt requested. (iii) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method. (B) The Notice of Abuse Determination must include the information described in OAR 137-003-0505(1) and (2)(a) and ORS 183.415. (3) OTIS shall provide the OSH Superintendent and the ODHS│OHA Human Resources with a copy of any written notices sent to the AP as described in (2). (4) OTIS shall document how the notices were provided and maintain a record of all notices. Statutory/Other Authority: ORS 409.050, 413.085, ORS 409.010, 426.010 & 430.731 Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390 History: OTIS 114-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0485, filed 12/01/2023, effective 12/01/2023 DHS 24-2022, minor correction filed 05/02/2022, effective 05/02/2022 DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018 DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018
419-130-0000 Purpose and Scope (1) Effective January 1, 2020, OAR chapter 419, division 130 establishes the Oregon Department of Human Services (ODHS) Office of Training, Investigations and Safety (OTIS) rules for investigating and assessing the provision of protective services related to allegations of abuse of adults receiving residential treatment services for a substance use disorder (SUD) from a facility licensed by the Oregon Health Authority (OHA). (2) OTIS shall conduct thorough and unbiased investigations to make abuse findings and assess protective services in coordination with the Oregon Health Authority (OHA) Behavioral Health Division (BHD) as an evaluation of resident health and safety in SUD residential treatment services. (3) These rules also describe the procedures to provide an accused person or provider (AP) with a Department administrative review of a substantiated abuse finding determined upon closure of an investigation opened under these rules, prior to issuing a final order. (4) OTIS shall follow the requirements in these rules and ORS 430.735 through 430.765. When state law and code of federal regulations (CFR) conflict related to confidentiality of SUD patient-identifying information records ( 42 CFR, Part 2 , Oct. 1, 2018 ) , the Department and OHA shall defer to federal law. Of note: (a) OTIS may receive and share Part 2 patient-identifying information and records from BHD regulated SUD residential treatment facilities as described in (2) of this rule for evaluating serious events as part of screening for possible abuse investigation; (b) OTIS may not use or re-disclose Part 2 patient-identifying information received during investigations unless a specific written patient release of records is obtained; and (c) OTIS shall securely retain all Part 2 SUD patient-identifying information and records received in (a) and (b) in accordance to the retention schedule established by the Department for abuse investigation reports. Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085 Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 - 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640 History: OTIS 63-2024, minor correction filed 12/04/2024, effective 12/04/2024 OTIS 116-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1000, filed 12/01/2023, effective 12/01/2023 DHS 14-2022, minor correction filed 04/29/2022, effective 04/29/2022 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020
419-130-0020 Training for OTIS Investigators and Abuse Reviewers (1) OTIS shall provide sufficient and timely training and consultation to ensure that OTIS investigators and abuse reviewers are able to conduct a thorough and unbiased investigation to make a determination about the alleged abuse under OAR chapter 419, division 130. (2) Training shall include initial and continuing education to address initial action on complaints, screening and conducting abuse investigations. (3) The training shall address the cultural and social diversity of Oregon, focus on the vulnerable populations served and those who provide services, and include trauma-informed practices. (4) Training for OTIS investigators and abuse reviewers under these rules (OAR chapter 419, division 130) will also include specific information related to operations of substance use disorder facilities and confidentiality of alcohol & drug services and records under 42 CFR Part 2 . (5) OTIS employees conducting investigations or abuse reviews under OAR chapter 419, division 130 shall participate in the core competency training and quarterly meetings provided to mental health investigators and demonstrate an understanding of investigative core competencies. Core competencies in the areas of: (a) Interviewing; (b) Gathering relevant information through records and site visits; (c) Weighing the evidence; and (d) Making abuse determinations. Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731 Statutes/Other Implemented: ORS 430.731, 430.205 and 430.210 (amended by OL 2019, Chapter 236), 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2), 443.400 – 443.455 & 430.256, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630, 430.640 History: OTIS 118-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1020, filed 12/01/2023, effective 12/01/2023 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020
419-130-0030 Initial Action on Complaints of Alleged Abuse (1) Upon receipt of a complaint alleging abuse, OTIS shall document the reported information as required by ORS 430.743 and any additional information reported. (a) OTIS shall attempt to elicit the following information from the reporter: (A) The age and present location of the allegedly abused adult. (B) The adult’s name, if releasable by: (i) A Part 2 SUD program when related to serious event reporting at the SUD facility; (ii) A release of information to OTIS signed by the adult or their legal representative/guardian (if applicable) and request a copy; or (iii) If the reporter is not subject to Part 2 confidentiality regulations, such as the SUD resident, then names may be documented as part of initial reporting. (C) The names and addresses of the persons responsible for the adult’s care. (D) The nature and extent of the alleged abuse, including any evidence of previous abuse. (E) Any information that led the reporter to suspect abuse occurred. (F) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP. And, (G) The date of the incident. (b) OTIS shall ask if a report to law enforcement report was made. (2) Upon receipt of a complaint of alleged abuse, OTIS shall immediately contact the BHD specialist to coordinate: (a) Reviewing the initial complaint and need for review of SUD facility records, including any relevant incident reports completed by the facility; (b) Contacting the alleged victim for a health and safety check to determine whether the alleged victim sustained any serious injury and assess the need for protective services per OAR 419-130-0050; and (c) Obtaining signed releases of 42 CFR Part 2 information and records for investigation purposes to OTIS, including locating a forwarding address if the alleged victim is no longer a resident in the SUD treatment facility. (3) OTIS may consult with the BHD specialist to assess whether an abuse investigation is required under these rules. (4) If there is reasonable cause to believe a crime occurred and an immediate report to law enforcement is required per ORS 430.743(2), OTIS cross- reports to law enforcement shall not include any 42 CFR Part 2 protected SUD information (name or records) unless the SUD resident or their legal representative has provided written consent authorizing this disclosure to law enforcement. Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085 Statutes/Other Implemented: ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 – 443.455, 430.256, 430.210, 430.306,, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640 History: OTIS 65-2024, minor correction filed 12/04/2024, effective 12/04/2024 OTIS 119-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1030, filed 12/01/2023, effective 12/01/2023 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020
419-130-0040 Screening Activities and Initial Notice (1) Screening is the process used to gather and assess information to determine the responses and whether the conduct described in the complaint meets the definition of abuse and there is reasonable cause to believe the alleged abuse requires investigation as stated in these rules. (a) OTIS shall document screening activities completed and the information supporting the decision to either assign an abuse investigation or close the complaint at screening. (b) OTIS shall provide written notifications to BHD Licensing on any abuse allegations received and assigned for investigation. (2) OTIS shall have a specific SUD confidential protocol to: (a) Track the outcome of every complaint received and screened to ensure completion; (b) Record how and when notifications were provided; and (c) Maintain records of actions taken by OTIS. (3) A screening determination shall be made with consultation, as needed with BHD. (4) The OTIS director or OHA behavioral health director may be consulted when OTIS is unable to make a screening determination because critical information to make a decision is needed. Consultation shall resolve whether to: (a) Close complaint as unable to determine; or (b) Seek a Part 2 Court Order and subpoena to authorize a SUD facility to release records protected under 42 CFR, Part 2 when no written release of information is able to be attained. (5) When a law enforcement agency is conducting an investigation of the alleged abuse, OTIS is not required to conduct an investigation of the same incident. (a) OTIS may perform its own investigation as long as it does not interfere with the law enforcement agency investigation. (b) Circumstances that indicate a need for OTIS to conduct the investigation: (A) There is potential for action by a licensing or certifying agency; (B) Timely investigation by law enforcement is not probable; or (C) The law enforcement agency does not complete a criminal investigation. (6) If OTIS determines the complaint is not within the definitions of abuse requiring investigation under these rules, OTIS shall: (a) Close the complaint as does not meet the conditions for an abuse investigation under these rules; (b) Document the information gathered and assessed to support the decision and; (c) Provide BHD Licensing a copy of (b). Statutory/Other Authority: ORS 430.731, ORS 409.010, 409.050 & 413.085 Statutes/Other Implemented: 430.205, 430.256, 430.735 - 430.765, ORS 430.731, 42 CFR, Part 2, Oct. 1, 2018, 443.400 – 443.455, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640 History: OTIS 66-2024, minor correction filed 12/04/2024, effective 12/04/2024 OTIS 120-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-1040, filed 12/01/2023, effective 12/01/2023 DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020