OAR 333-077-0060: Investigations

(1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Oregon Health Authority (Authority) staff will begin an investigation. (2) A birthing center shall permit Authority staff access to the birthing center during an investigation and make all requested documents and records available to Authority staff for review and copying. (3) An investigation may include but is not limited to: (a) Interviews of the complainant, clients of the birthing center, client family members or legal representatives, witnesses, birthing center management and staff; (b) On-site observations of clients, staff performance and the physical environment of the birthing center; and (c) Review of documents and records. (4) Following the investigation, Authority staff may conduct an exit conference and prepare and provide the birthing center administrator or the administrator's designee written notice of the findings in accordance with OAR 333-077-0065. (5) Information obtained by the Authority during an investigation of a complaint or reported violation under this section is confidential and not subject to public disclosure under ORS 192.410 to 192.505. Upon the conclusion of the investigation, the Authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any client at the birthing center. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a birthing center, and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board.