Current through Register Vol. 63, No. 12, December 1, 2024
(1) Investigation of abuse allegations shall
be thorough, unbiased and conducted by a trained OTIS investigator.
(a) Community programs and SUD facilities
must provide the investigator access to employees and the premises for
investigation purposes.
(b) Access
to SUD residents or their identifying information (name and records) shall be
upon receipt of a signed release authorizing disclosure of this Part 2
information to OTIS.
(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) 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 shall ask the date of
birth for each individual interviewed, except from SUD residents when there is
no signed release of information, and shall obtain the date of birth of any
AP.
(D) 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. If affirmed:
(i) The investigator shall give the AP the
Department form letter that outlines the required obligation to notify ODHS|
OHA Human Resource.
(ii) OTIS shall
ensure the outcome of the investigation is 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.
(c)
Review all records or evidence relevant and material to the allegation with SUD
resident records only upon a signed release of information; 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 except when:
(A) The
alleged victim knowingly refuses to be photographed; or
(B) It is clinically contraindicated due to
health, safety and well-being.
(3) All facility records necessary for the
investigation must be available to the investigator for inspection and copying.
Facility records may include, but is not limited to statements, event reports,
employee training records, visitor logs, diagrams, policies, photographs and
videos.
(4) Any relevant record
used in an investigative interview will be noted in the respective witness
statement and included in the submitted investigation report.
(5) Any variance from the investigative
processes in this rule shall be discussed with and approved by the OTIS
manager. The reason for the variance and the name of the OTIS manager who
approved the variance must be documented clearly in the investigative
report.
(6) If the investigator
believes an allegation assigned for investigation 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 rule section shall
be documented in the written report submitted for management approval to
close.
(b) OTIS shall notify HSD
Licensing, who will notify the SUD facility.
(c) OTIS shall notify the AP, if the AP has
been notified of the investigation being opened.
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
