OAR 419-120-0030: Initial Action on Complaints of Alleged Abuse
Edition: Current OARD snapshotEffective: 2023-12-01Last verified: 2026-09-07
(1) State hospital staff are required to immediately report alleged abuse of patients to: (a) The Department’s OTIS either by phone or in writing; and (b) The OSH Superintendent or their designee. (2) Upon receiving a complaint alleging abuse, OTIS shall document the reported information required by ORS 430.743 and any additional information reported. OTIS shall attempt to elicit the following information from the reporter: (a) The name, age and present location of the allegedly abused adult or patient; (b) The names and addresses of the persons responsible for the adult’s care; (c) The nature and extent of the alleged abuse, including any evidence of previous abuse; (d) Any information that led the reporter to suspect abuse occurred; (e) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP; and (f) The date of the incident. (3) If there is reason to believe a crime has been committed, the investigator shall immediately within one business day notify the law enforcement agency having jurisdiction. (a) The investigator shall follow-up with law enforcement if it was reported a police report was filed to ensure the suspected crime or alleged abuse was reported; (b) To ascertain if a criminal investigation is being conducted; and (c) Obtain all copies of any law enforcement reports. (4) The investigator shall notify the appropriate medical examiner in cases when there is reasonable cause to believe that a patient has died as a result of abuse. The investigator shall also immediately notify the Authority Director. (5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to: (a) Screen the complaint to determine whether an abuse investigation is required under these rules; (b) Determine whether the alleged victim sustained any serious injury, and (c) Assess the need for protective services per OAR 419-120-0050. (6) OTIS shall maintain all complaints of alleged abuse in a confidential location.
Official history and status
Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390
History: OTIS 109-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0435, filed 12/01/2023, effective 12/01/2023 DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018 DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018
This rule cites
- ORS 430.743 — resolved
- OAR 419-120-0050 — resolved
Cited by
No inbound citations found.
Official source: https://secure.sos.state.or.us/oard/