(a)As it applies to an adult, includes but is not limited to:
(A)Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.
(B)Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.
(C)Abandonment, including desertion or willful forsaking of a person or the withdrawal or neglect of duties and obligations owed a person.
(D)Willful infliction of physical pain or injury.
(E)Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to a person.
(F)Wrongfully taking or appropriating money or property, of knowingly subjecting a person to harm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the person to believe that the threat will be carried out.
(G)Sexual contact with a non-consenting person or with a person considered incapable of consenting to a sexual act as described in ORS 163.315 (Incapacity to consent). As used in this paragraph, “sexual contact” has the meaning given that term in ORS 163.305 (Definitions).
(b)As it applies to a child, has the same meaning as “abuse” as that term is defined in ORS 419B.005 (Definitions).
(2)“Activities of daily living” means activities related to personal care and include but are not limited to bathing or showering and personal hygiene, dressing and grooming, mobility including walking and transferring, elimination, and eating.
(3)“Caregiver” means a person on a caregiver registry list that may be hired directly by a client or client representative to provide caregiver services to a client within the client’s place of residence.
(4)“Caregiver registry” or “Registry” means an agency that prequalifies, establishes and maintains a list of qualified private contractor caregivers that is provided to a client for caregiver services within the client’s place of residence.
(5)“Caregiver services” means providing assistance with the activities of daily living and can include more skilled services such as medication reminders, medication assistance, or medication administration or nursing services if the caregiver has the necessary licensure, certification, skills, education, or training to safely provide the skilled services.
(6)“Client” means an individual to whom caregiver services are provided.
(7)“Client representative” means an individual, paid or unpaid, related or unrelated, who acts on behalf of the client when the client is an adult.
(8)“Division” means the Oregon Health Authority, Public Health Division.
(9)“Parent agency” means a caregiver registry that develops and maintains administrative controls of subunits.
(10)“Satisfactory reference” means a positive, verifiable reference, either verbal or written, from a former employer or other person not related to the individual that affirms the ability of the individual to provide caregiver services.
(11)“Subunit” means a caregiver registry that provides services for a parent agency in a geographic area different from that of the parent agency and generally exceeding one hour of travel time from the location of the parent agency.
(12)“Survey” means an inspection of a caregiver registry to determine the extent to which the registry is in compliance with laws applicable to caregiver registries, including this division.
Rule 333-540-0010 — Definitions,