Oregon Administrative Rules|Section 407-045-1040 - Adult Residential Substance Use Disorder Investigation Rules: Screening Activities and Initial Notice

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(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 HSD 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 HSD. 
 
(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 HSD Licensing a copy of (b).
 
 
Or. Admin. R. 407-045-1040
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.