Oregon Department of Human Services

Rule Rule 407-045-0455
Oregon State Hospital Patient Abuse Investigation Rules: Assessment for and Provision of Protective Services for Patients

(1) Upon receipt of a mandatory report of alleged abuse, OTIS shall contact OSH to begin assessing needed or provided protective services, in collaboration with OSH.
(a) An attempt at direct contact with the alleged victim by OTIS or facilitated by OSH upon OTIS request, by the end of the next business day of receiving the complaint of alleged abuse shall occur as part of assessing protective service needs, determining if the alleged victim is in danger or in need of immediate protective services.
(b) OTIS or OSH may delay direct contact if the patient’s clinician states a health, safety or well-being concern exists.
(2) Assessment for the provision of protective services may include:
(a) Arranging for the immediate protection of the alleged victim;
(b) In-person contact with the alleged victim to assess their ability to protect their own interest or give informed consent;
(c) Determining the alleged victim’s ability to understand the nature of the protective service and their willingness to accept services;
(d) Coordinating evaluations to determine or verify the alleged victim’s physical and mental status, if necessary;
(e) Assisting in and arranging for appropriate services and alternative living arrangements;
(f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse;
(g) Providing advocacy to assure the alleged victim’s rights and entitlements are protected; and
(h) Consulting with the guardian or others as appropriate in developing recommendations or requirements to prevent further abuse.
(3) OTIS shall communicate with OSH in coordinating the assessment and assurance of protective services for the alleged victim. OTIS and OSH may share confidential information appropriate or necessary for the health, safety and best interests of the alleged victim in need of protection if the information is necessary for:
(a) The provision of protective services;
(b) The function of licensing and certifying agencies; or
(c) Mandatory reporting to law enforcement agencies.
(4) OTIS shall document the protective services assessment and provisions provided by OSH, including those needed, offered and declined, to be maintained as part of the complaint record. The assessment is considered confidential patient information.

Last accessed
Jun. 8, 2021