OAR 309-118-0025
Emergency Grievances, Civil Rights Complaints or Abuse Allegations

(1) If the grievance alleges patient abuse, or the patient believes the grievance is an emergency grievance or civil rights violation, the grievance shall be sent to the OSH Ombuds. Nothing in this section modifies an individual’s mandatory abuse reporting obligations.
(2) The OSH Ombuds shall make a preliminary assessment of whether the grievance appears to be an emergency grievance or alleges a civil rights violation or abuse, and shall:
(a) For allegations of civil rights violations or emergency grievances, determine if the grievance makes a credible complaint of a civil rights violation or emergency.
(b) If the Ombuds determines that the grievance does not make a credible allegation of a civil rights violation or emergency, the grievance is returned to the formal grievance process as set out in 309-118-0020 (Grievance Process).
(c) If the grievance makes a credible complaint of a civil rights violation or emergency, the grievance is not subject to requirements set out in OAR 309-118-0020 (Grievance Process), and the Ombuds shall:
(A) Investigate the alleged violation; and
(B) Provide the patient and Superintendent with a written response within 30 business days.
(C) Once a written response has been provided as set out in this subsection, if the patient is dissatisfied with the written response, the patient may seek OHA Review as set out in OAR 309-118-0020 (Grievance Process)(4).
(d) Nothing in this section affects any rights a patient may have to seek recourse through the courts or other process.
(e) Refer all allegations of abuse to the agency responsible for coordinating and conducting abuse investigations as set out in ORS 430.745 (Investigation of abuse) and OAR 407-045-0150 (Adult Mental Health Abuse Rules: Initial Action on Complaints of Alleged Abuse) through 407-045-0240 (Adult Mental Health Abuse Rules: County Multidisciplinary Teams).
(A) While the agency responsible for investigating allegations of abuse reviews the allegation, the OSH formal grievance process is suspended pending the outcome of that review.
(B) If the agency responsible for investigating allegations of abuse declines to investigate the allegation, upon written notification from the agency, the OSH formal grievance process as set out in OAR 309-118-0020 (Grievance Process) is resumed.
(C) If after the agency responsible for investigating allegations of abuse investigates the allegation, if the patient is dissatisfied with result of that investigation, the patient may still grieve the issue, provided that they refile the grievance using the formal grievance process as set out in OAR 309-118-0020 (Grievance Process).

Source: Rule 309-118-0025 — Emergency Grievances, Civil Rights Complaints or Abuse Allegations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-118-0025.

Last Updated

Jun. 8, 2021

Rule 309-118-0025’s source at or​.us