OAR 309-118-0005
Definitions

As used in these rules:
(1) “Abuse” means:
(a) Death of an adult caused by other than accidental or natural means or occurring in unusual circumstances.
(b) “Neglect” means the active or passive withholding of services necessary to maintain the health and well-being of an adult, which leads to physical harm of an adult. “Services” include but are not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other services essential to the well-being of the adult.
(c) “Physical abuse” means:
(A) Any physical injury by other than accidental means or that appears to be at variance with the explanation given for the injury.
(B) Willful infliction of physical pain or injury.
(C) Physical abuse is presumed to cause physical injury, including pain, to adults otherwise incapable of expressing pain.
(D) Physical abuse does not include physical emergency restraint to prevent immediate injury to an adult who is in danger of physically harming himself or herself or others, provided only that the degree of force reasonably necessary for protection is used for the least amount of time necessary.
(d) “Sexual abuse” including:
(A) An act that constitutes a crime under ORS 163.375 (Rape in the first degree) (rape in the first degree), 163.405 (Sodomy in the first degree) (sodomy in the first degree), 163.411 (Unlawful sexual penetration in the first degree) (unlawful penetration in the first degree), 164.415 (Robbery in the first degree) (sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree) (sexual abuse in the second degree, (163.427 (Sexual abuse in the first degree) (sexual abuse in the first degree), 163.456 (public indecency) or 163.467 (Private indecency) (private indecency).
(B) Sexual contact with a nonconsenting adult or with an adult considered incapable of consenting to a sexual act under ORS 163.315 (Incapacity to consent).
(C) Sexual harassment, sexual exploitation, or inappropriate exposure to sexually explicit material or language including requests for sexual favors. Sexual harassment or exploitation includes but is not limited to any sexual contact or failure to discourage sexual contact between an employee of a community facility or community program, provider, or other caregiver and an adult. For situations other than those involving an employee, provider, or other caregiver and an adult, sexual harassment or exploitation means unwelcome physical sexual contact including requests for sexual favors and other physical conduct directed toward an adult.
(D) Any sexual contact between an employee of a facility or paid caregiver and an adult served by the facility or caregiver. Sexual abuse does not mean consensual sexual contact between an adult and a paid caregiver who is the spouse or partner of the adult.
(E) Any sexual contact that is achieved through force, trickery, threat, or coercion.
(F) As defined in ORS 163.305 (Definitions), “sexual contact” means any touching of sexual or other intimate parts of a person or causing such person to touch sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
(2) “Allegation of Abuse” means a grievance submitted by a patient or their representative alleging that the patient has been abused or neglected by staff.
(3) “Allegation of Civil Rights Violation” means a grievance submitted by a patient or their representative alleging that the patient’s civil rights, as protected by state or federal law and not inconsistent with their current legal status, have been violated by the hospital or staff.
(4) “Business Days” means days excluding weekends, holidays, and furloughed days.
(5) “Condition of Public Health Importance” means a disease, syndrome, symptom, injury or other threat to public health that is identifiable on an individual or community level.
(6) “Communicable Disease” means a disease or condition, the infectious agent of which may be transmitted by any means from one person or from an animal to another person, that may result in illness, death or severe disability.
(7) “Designated Staff Member” means the OSH staff member designated by the Superintendent to accept and process a patient’s formal grievance.
(8) “Director” or “OHA Director” means the individual appointed by the governor to act as executive head of OHA or their designee.
(9) “Disease Outbreak” means a significant or notable increase in the number of cases of a disease or other condition of public health importance.
(10) “Emergency Grievance” means a patient or their representative alleges that the patient may suffer immediate or irreparable harm to their physical safety or civil rights before the completion of the grievance process set forth in OAR 309-118-0020 (Grievance Process), and appears likely to be resolved in favor of the patient;
(11) “Epidemic” means the occurrence in a community or region of a group of similar conditions of public health importance that are in excess of normal expectancy and derived from a common or propagated source.
(12) “Grievance” means a patient’s complaint regarding:
(a) The substance or application of any rule or policy of OSH that adversely affects the patient;
(b) The lack of a rule or policy concerning a matter that adversely affects the patient; or
(c) Any decision or action by staff that adversely affects the patient.
(13) “Isolation” means the physical separation and confinement of a person or group of persons who are infected or reasonably believed to be infected with a communicable disease or possible communicable disease from non-isolated persons to prevent or limit the transmission of the disease to non-isolated persons.
(14) “Oregon Health Authority” or “OHA” means the state agency that is responsible for operating, controlling, managing and supervising OSH.
(15) “Oregon State Hospital” or “OSH” or “hospital” means any campus of the Oregon State Hospital system.
(16) “Ombuds” means the OSH staff person designated by the Superintendent to act as a neutral intermediary that conducts investigation of patient grievances on behalf of OSH and OHA for purposes of this rule.
(17) “Patient” means a person who is receiving care and/or treatment at OSH, whether the program where the person is receiving care and/or treatment is licensed as hospital level of care or other licensed level of care.

(18)

“Public Health Emergency” means when a public health emergency has been declared pursuant to ORS 433.441 (Proclamation of public health emergency) and as defined in ORS 433.442 (Definitions for ORS 433.441 to 433.452).
(19) “Quarantine” means the physical separation and confinement of a person or group of persons who have been or may have been exposed to a communicable disease or a possible communicable disease and who do not show signs or symptoms of a communicable disease, from persons who have not been exposed to a communicable disease or possible communicable disease and who do not show signs or symptoms of a communicable disease, to prevent or limit the transmission of the disease to other persons.
(20) “Representative” means a person who has the legal authority or agreement of the patient to act on behalf of the patient with respect to the grievance, including, but not limited to a relative, friend, staff member, attorney or legal guardian. A patient shall not act as a “representative” for another patient in the grievance process.
(21) “Staff or Staff Member” means any individual who is employed or contracted by OSH, an OSH approved volunteer, or a student, trainees or fellow being trained at OSH. “Staff” does not include a patient.
(22) “State of Emergency” means when a state of emergency has been declared pursuant to ORS 401.165 (Declaration of state of emergency), or a public health emergency has been declared pursuant to ORS 433.441 (Proclamation of public health emergency) in the county, region, or state in which the Oregon State Hospital facility is located.
(23) “Superintendent” means the executive head of OSH or their designee.

Source: Rule 309-118-0005 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-118-0005.

Last Updated

Jun. 8, 2021

Rule 309-118-0005’s source at or​.us