OAR 407-045-0445
Oregon State Hospital Patient Abuse Investigation Rules: Screening Activities and Initial Notice

(1) Screening is the trained process used to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abuse of a patient requires investigation as stated in these rules, OAR 407-045-0405 (Oregon State Hospital Patient Abuse Investigation Rules: Purpose and Scope) to 407-045-0495 (Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents).
(a) The investigator shall document screening activities completed and the information supporting the decision to either assign an abuse investigation or close the complaint at screening.
(b) The investigator shall assure initial notifications, referrals and required cross-reporting are completed.
(c) The investigator shall immediately, within one business day, begin to assess and assure protective services, in collaboration with OSH, regardless if the complaint of alleged abuse is assigned for investigation or closed at screening.
(2) OTIS shall have a protocol to:
(a) Track the outcome of every screening to ensure completion;
(b) Record how and when notifications were provided; and
(c) Maintain confidential records of actions taken by OTIS.
(3) A screening determination shall be made within by the end of the third business day of OTIS’s receipt of the alleged abuse complaint.
(a) The OTIS manager may grant a screening extension if the investigator is unable to make a screening determination because critical information to make a decision is needed. The investigator shall document:
(A) The reason for the extension;
(B) The critical information that remains to be collected; and
(C) The approval of the OTIS manager.
(b) The OTIS manager may grant a screening extension if law enforcement is conducting a criminal investigation of the alleged abuse incident. The investigator shall document:
(A) The name of the law enforcement agency, assigned case number and crime being investigated;
(B) The plan for follow-up contacts with the law enforcement agency; and
(C) The approval of the OTIS manager.
(4) When a law enforcement agency is conducting an investigation of the alleged abuse:
(a) OTIS need not conduct its own investigation of the same incident.
(b) OTIS may also perform its own investigation as long as it does not interfere with the law enforcement agency investigation. Circumstances that indicate a need for OTIS to conduct the investigation:
(A) There is potential for action by a licensing or certifying agency;
(B) Timely investigation by law enforcement is not probable; or
(C) The law enforcement agency does not complete a criminal investigation.
(c) OTIS shall ensure regular and timely follow-up with the law enforcement agency when a screening extension has been granted, related to:
(A) The status of the criminal investigation,
(B) Explanation for no criminal investigation or suspension of a criminal investigation, and
(C) Any actions taken by the district attorney.
(5) If the investigator determines that there is reasonable cause to believe that abuse was caused or aided by a person employed by OSH, the investigator shall notify:
(a) The OSH Superintendent in writing of the screening decision, including but not limited to:
(A) Identity of the alleged victim, AP and the abuse alleged;
(B) The case number, due date, assigned investigator and how the investigator may be contacted;
(C) Direction to OSH to ensure the patient’s guardian is notified, if applicable; and
(D) Direction to OSH to ensure the AP is notified of the opened investigation.
(b) OTIS shall notify the DHS│OHA Human Resources by copy of the information provided in subsection (a) of this section.
(6) If the complaint is not within the definitions of patient abuse by an OSH staff or visitor, the investigator shall:
(a) Further screen the complaint under community abuse rules OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) or 407-045-0250 (Adult Developmental Disabilities Abuse Rules: Purpose and Scope) for possible assignment to OTIS or a community mental health or developmental disabilities program for investigation.
(b) Close the OSH complaint as does not meet the conditions for an abuse investigation under these rules (OAR 407-045-0405 (Oregon State Hospital Patient Abuse Investigation Rules: Purpose and Scope) to OAR 407-045-0495 (Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents)) and notify the Superintendent in writing, which includes:
(A) The information gathered and assessed to support the determination; and
(B) Provides the name and contact information for the investigator completing the screening.

Source: Rule 407-045-0445 — Oregon State Hospital Patient Abuse Investigation Rules: Screening Activities and Initial Notice, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0445.

407‑045‑0120
Adult Mental Health Abuse Rules: Purpose and Scope 407‑045‑0130
Adult Mental Health Abuse Rules: Definitions and Acronyms 407‑045‑0140
Adult Mental Health Abuse Rules: Training for Individuals Investigating Reports of Alleged Abuse 407‑045‑0150
Adult Mental Health Abuse Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0160
Adult Mental Health Abuse Rules: Screening Activities and Initial Notices 407‑045‑0170
Adult Mental Health Abuse Rules: Assessment for and Provision of Protective Services to the Adult 407‑045‑0180
Adult Mental Health Abuse Rules: Death Reporting 407‑045‑0190
Adult Mental Health Abuse Rules: Investigation of Alleged Abuse 407‑045‑0200
Adult Mental Health Abuse Rules: Abuse Investigation Report 407‑045‑0210
Adult Mental Health Abuse Rules: Notification of Outcome 407‑045‑0220
Adult Mental Health Abuse Rules: Disclosure of the Abuse Investigation Report 407‑045‑0230
Adult Mental Health Abuse Rules: Department Investigation of Alleged Abuse 407‑045‑0240
Adult Mental Health Abuse Rules: County Multidisciplinary Teams 407‑045‑0250
Adult Developmental Disabilities Abuse Rules: Purpose and Scope 407‑045‑0260
Adult Developmental Disabilities Abuse Rules: Definitions 407‑045‑0280
Adult Developmental Disabilities Abuse Rules: Training and Qualifications for Individuals Investigating Reports of Alleged Abuse 407‑045‑0285
Adult Developmental Disabilities Abuse Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0291
Adult Developmental Disabilities Abuse Rules: Screening Activities and Initial Notices 407‑045‑0295
Adult Developmental Disabilities Abuse Rules: Assessment for and Provision of Protective Services to the Adult 407‑045‑0298
Adult Developmental Disabilities Abuse Rules: Death Reporting 407‑045‑0300
Adult Developmental Disabilities Abuse Rules: Investigation of Alleged Abuse 407‑045‑0320
Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report 407‑045‑0325
Adult Developmental Disabilities Abuse Rules: Notifications at the Conclusion of an Investigation 407‑045‑0330
Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents 407‑045‑0360
Adult Developmental Disabilities Abuse Rules: Department Investigation of Alleged Abuse 407‑045‑0370
Adult Developmental Disabilities Abuse Rules: County Multidisciplinary Teams 407‑045‑0405
Oregon State Hospital Patient Abuse Investigation Rules: Purpose and Scope 407‑045‑0415
Oregon State Hospital Patient Abuse Investigation Rules: Definitions and Acronyms 407‑045‑0425
Oregon State Hospital Patient Abuse Investigation Rules: Training for Individuals Investigating Reports of Alleged Abuse 407‑045‑0435
Oregon State Hospital Patient Abuse Investigation Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0445
Oregon State Hospital Patient Abuse Investigation Rules: Screening Activities and Initial Notice 407‑045‑0455
Oregon State Hospital Patient Abuse Investigation Rules: Assessment for and Provision of Protective Services for Patients 407‑045‑0465
Oregon State Hospital Patient Abuse Investigation Rules: Investigation by the Department’s Office of Training, Investigations and Safety 407‑045‑0475
Oregon State Hospital Patient Abuse Investigation Rules: Abuse Investigation and Protective Services Report 407‑045‑0485
Oregon State Hospital Patient Abuse Investigation Rules: Notifications at the Conclusion of an Investigation 407‑045‑0495
Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents 407‑045‑0605
Adult Abuse Investigations: Requesting a Contested Case Hearing of Substantiated Abuse Determination 407‑045‑0615
Adult Abuse Investigations: Lay Representation in Contested Case Hearings 407‑045‑0645
Adult Developmental Disabilities Abuse Rules: Death Reporting Reviews for Adults in Developmental Disabilities Services 407‑045‑0800
Child-In-Care Abuse Rules: Purpose 407‑045‑0820
Child-In-Care Abuse Rules: Definitions 407‑045‑0825
Child-In-Care Abuse Rules: Screening Activities 407‑045‑0835
Child-In-Care Abuse Rules: Determining Response 407‑045‑0855
Child-In-Care Abuse Rules: Notifications at the Conclusion of Screening 407‑045‑0885
Child-In-Care Abuse Rules: Investigating Reports of Abuse 407‑045‑0886
Child-In-Care Abuse Rules: Exception to Completing an Investigation 407‑045‑0887
Child-In-Care Abuse Rules: Abuse Determination 407‑045‑0890
Child-In-Care Abuse Rules: Abuse Investigation Report 407‑045‑0895
Child-In-Care Abuse Rules: Notifications at the Conclusion of an Investigation 407‑045‑0905
Child-In-Care Abuse Rules: Contested Case Proceeding for a Substantiated Abuse Determination 407‑045‑0913
Child-In-Care Abuse Rules: Lay Representation in Contested Case Hearings 407‑045‑0955
Child-In-Care Abuse Rules: Confidentiality 407‑045‑1000
Adult Residential Substance Use Disorder Investigation Rules: Purpose and Scope 407‑045‑1010
Adult Residential Substance Use Disorder Investigation Rules: Definitions 407‑045‑1020
Adult Residential Substance Use Disorder Investigation Rules: Training for OTIS Investigators and Abuse Reviewers 407‑045‑1030
Adult Residential Substance Use Disorder Investigation Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑1040
Adult Residential Substance Use Disorder Investigation Rules: Screening Activities and Initial Notice 407‑045‑1050
Adult Residential Substance Use Disorder Investigation Rules: Assessment for and Provision of Protective Services for Residents 407‑045‑1060
Adult Residential Substance Use Disorder Investigation Rules: Investigation 407‑045‑1070
Adult Residential Substance Use Disorder Investigation Rules: Abuse Investigation and Protective Services Report 407‑045‑1080
Adult Residential Substance Use Disorder Investigation Rules: Notifications at the Conclusion of an Investigation 407‑045‑1090
Adult Residential Substance Use Disorder Investigation Rules: Administrative Review Process for Substantiated Findings 407‑045‑1100
Adult Residential Substance Use Disorder Investigation Rules: Issuing Final Orders 407‑045‑1110
Adult Residential Substance Use Disorder Investigation Rules: Disclosure of Investigation Report and Related Documents
Last Updated

Jun. 8, 2021

Rule 407-045-0445’s source at or​.us