Oregon Administrative Rules|Section 407-045-1060 - Adult Residential Substance Use Disorder Investigation Rules: Investigation

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(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 DHS|OHA Human Resource.
 
(ii) OTIS shall ensure the outcome of the investigation is provided to the DHS|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.
 
 
Or. Admin. R. 407-045-1060
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.