Oregon Administrative Rules|Section 407-045-1010 - Adult Residential Substance Use Disorder Investigation Rules: Definitions

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
In addition to the definitions in ORS 430.735, the following terms are defined as used in these rules, OAR 407-045-1000 through 407-045-1110.
 
(1) "Abuse" means as defined in ORS 430.735.
 
(2) "Abuse Investigation and Protective Services Report" means a written report completed under these rules.
 
(3) "Adult" as used in these rules means an individual who is 18 years of age or older and receiving treatment services for a substance use disorder in a residential treatment facility (RTF), residential treatment home (RTH) or detoxification center licensed by the Oregon Health Authority (OHA).
 
(4) "Adult protective services" as defined in ORS 430.735 means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts, and to safeguard an allegedly abused adult's person, property, or funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult must be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.
 
(5) "Accused Person" or "Accused Provider" (AP) means the respondent in an abuse investigation conducted under these rules, alleged or determined to have committed abuse and is a: 
(a) Licensed SUD residential treatment facility (RTF), residential treatment home (RTH) or Detoxification Center; or
 
(b) Staff, contractor or volunteer in an RTF, RTH or Detoxification Center.
 
 
(6) "Alleged victim" (AV) means an adult who is an SUD facility resident who is reported, alleged or determined to be subjected to abuse.
 
(7) "Authority" means the Oregon Health Authority (OHA).
 
(8) "Caregiver" as defined in ORS 430.735 means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.
 
(9) "Closed without abuse determination" means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so that the investigation cannot be completed.
 
(10) "Department" means the Oregon Department of Human Services (DHS).
 
(11) "Health Systems Division" (HSD) means a unit within OHA responsible for regulation of SUD facilities.
 
(12) "Investigator" means an OTIS employee who is authorized and receives required training to screen and investigate allegations of abuse under these rules.
 
(13) "Law enforcement agency" (LEA) means as defined in ORS 430.735.
 
(14) "Not substantiated" means there is less than a preponderance of evidence to show that abuse occurred.
 
(15) "Office of Training, Investigations and Safety" (OTIS) means the unit within the Department of Human Services Shared Services.
 
(16) "Redacted" means information deemed confidential under state or federal laws that are excluded from public record release.
 
(17) "Resident" as used in these rules means an adult receiving care, treatment or services in a SUD facility licensed by the Oregon Health Authority (OHA).
 
(18) "Services" as defined in ORS 430.735 includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other service essential to the well-being of the adult.
 
(19) "Substance Use Disorder" (SUD) means substance use disorder, also commonly called substance abuse or alcohol and drug (A&D).
 
(20) "SUD facility" as used in these rules provide residential treatment for adults with alcohol or drug dependence and means:
(a) A residential treatment facility or a residential treatment home that is licensed under ORS 443.415; or
 
(b) A Detoxification Center that is licensed as a SUD residential treatment program by OHA HSD.
 
 
(21) "Substantiated" means that the preponderance of evidence establishes the abuse occurred.
 
(22) "Treatment" means as defined in ORS 443.400.
 
(23) "Unbiased investigation" means an investigation that is conducted that does not have an actual or potential conflict of interest with the outcome.
 
Or. Admin. R. 407-045-1010
DHSD 34-2019, adopt filed 12/30/2019, effective 1/1/2020
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), 430.256, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630, 430.640, 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2), 443.400 - 443.455 & 42 CFR, Part 2, Oct. 1, 2018
This section was updated on 1/13/2020 by overlay.