Oregon Administrative Rules|Section 407-045-1100 - Adult Residential Substance Use Disorder Investigation Rules: Issuing Final Orders

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) OTIS shall issue written Final Orders to the AP for all substantiated allegations of abuse investigated under ORS 430.735 to 430.765.
 
(2) All Final Orders shall be signed by the OTIS director as authorized by the Department Director.
 
(3) The Final Order shall be issued when: 
(a) When no request for a review is received after 30 calendar days from the date of the Notice of Substantiated Abuse; or
 
(b) Upon completion of the administrative review process detailed in OAR 407-045-1090.
 
 
(4) Final Orders shall be mailed by OTIS within 7 calendar days to the AP.
(a) Copies of this Final Order shall be electronically sent to: 
(A) OHA HSD; and
 
(B) The SUD facility.
 
 
(b) If applicable, OTIS will provide a copy of this Final Order to the DHS/OHA Human Resources for cases involving DHS or OHA employees or volunteers.
 
 
(5) OTIS shall notify regulatory agencies who license or certify an AP practicing therein of Final Orders issued for substantiated abuse findings. The written notification will not re-disclose any 42 CFR Part 2 information and a copy will be provided to OHA HSD.
 
(6) The Final Order is considered part of the investigation case records.
 
Or. Admin. R. 407-045-1100
DHSD 34-2019, adopt filed 12/30/2019, effective 1/1/2020; DHS 4-2021, amend filed 03/11/2021, effective 3/15/2021
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 & ORS 183.480 and 183.484
This section was updated on 4/8/2021 by overlay.