OAR 407-045-0495
Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents

(1) Portions of the abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection.
(a) Pursuant to ORS 430.763 (Confidentiality of records), names of abuse reporters, witnesses and the alleged victim, as well as photographs of the patient are confidential and shall not be available for public inspection.
(b) Investigatory documents, including portions of the abuse investigation report and the protective services assessment contains “individually identifiable health information” as defined under ORS 192.556 (Definitions for ORS 192.553 to 192.581)(6) and 45 CFR160.103, and are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, ORS 192.553 (Policy for protected health information) through 192.581 (Allowed retention or disclosure of genetic information) and 179.505 (Disclosure of written accounts by health care services provider) to 179.509 (Reports on deaths at institutions).
(2) Notwithstanding section (1) of this rule, the Department’s OTIS shall make confidential information available, including any photographs if appropriate, to any law enforcement agency, public agency that licenses or certifies the state hospital or the individuals practicing therein, and any public agency providing protective services for the adult. The Department shall make the protective services assessment report and underlying investigatory materials available to any private agency providing protective services for the adult and to the protection and advocacy system designated pursuant to ORS 192.517 (Access to records of individual with disability or individual with mental illness)(1).
(3) Individuals or entities receiving confidential information pursuant to this rule shall be informed they are to maintain the confidentiality of the information and shall not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law.
(a) OTIS shall inform OSH that copies of all received abuse investigation and protective services assessments reports shall be:
(A) Maintained by the OSH Superintendent separate from employee personnel files;
(B) The alleged victim’s patient record shall contain a reference to the report sufficient to enable authorized persons to request a review of the OSH Superintendent’s copy of the report or to request a redacted public record copy.
(b) OTIS shall inform the OSH Superintendent that for purposes related to the proper administration of the state hospital, such as to respond to personnel actions, the Superintendent may re-disclose their confidential report at the Superintendent’s discretion.
(4) A centralized record of all abuse investigation reports shall be maintained by OTIS for all abuse investigations conducted at the state hospital.
(5) OTIS shall provide a redacted version of the written report to the public for inspection upon written request. Public record requests for written reports with substantiated abuse findings may not be released until after a Department Final Order is issued following opportunity for a contested case hearing.

Source: Rule 407-045-0495 — Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0495.

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 407-045-0495’s source at or​.us