Oregon Department of Human Services

Rule Rule 407-045-0435
Oregon State Hospital Patient Abuse Investigation Rules: Initial Action on Complaints of Alleged Abuse

(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 (Abuse report) 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 407-045-0455 (Oregon State Hospital Patient Abuse Investigation Rules: Assessment for and Provision of Protective Services for Patients).
(6) OTIS shall maintain all complaints of alleged abuse in a confidential location.

Last accessed
Jun. 8, 2021