OAR 407-045-1010
Adult Residential Substance Use Disorder Investigation Rules: Definitions

In addition to the definitions in ORS 430.735 (Definitions for ORS 430.735 to 430.765), the following terms are defined as used in these rules, OAR 407-045-1000 (Adult Residential Substance Use Disorder Investigation Rules: Purpose and Scope) through 407-045-1110 (Adult Residential Substance Use Disorder Investigation Rules: Disclosure of Investigation Report and Related Documents).
(1) “Abuse” means as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765).
(2) “Abuse Investigation and Protective Services Report” means a written report completed under these rules.
(3) “Adult” as used in these rules means an individual who is 18 years of age or older and receiving treatment services for a substance use disorder in a residential treatment facility (RTF), residential treatment home (RTH) or detoxification center licensed by the Oregon Health Authority (OHA).
(4) “Adult protective services” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts, and to safeguard an allegedly abused adult’s person, property, or funds, including petitioning for a protective order as defined in ORS 125.005 (Definitions). Any actions taken to protect an adult must be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.
(5) “Accused Person” or “Accused Provider” (AP) means the respondent in an abuse investigation conducted under these rules, alleged or determined to have committed abuse and is a:
(a) Licensed SUD residential treatment facility (RTF), residential treatment home (RTH) or Detoxification Center; or
(b) Staff, contractor or volunteer in an RTF, RTH or Detoxification Center.
(6) “Alleged victim” (AV) means an adult who is an SUD facility resident who is reported, alleged or determined to be subjected to abuse.
(7) “Authority” means the Oregon Health Authority (OHA).
(8) “Caregiver” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.
(9) “Closed without abuse determination” means after diligent efforts have been made, the investigator is unable to locate the AP, the alleged victim or another individual who might have information critical to the outcome of the investigation; or relevant records or documents are unavailable, so that the investigation cannot be completed.
(10) “Department” means the Oregon Department of Human Services (DHS).
(11) “Health Systems Division” (HSD) means a unit within OHA responsible for regulation of SUD facilities.
(12) “Investigator” means an OTIS employee who is authorized and receives required training to screen and investigate allegations of abuse under these rules.
(13) “Law enforcement agency” (LEA) means as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765).
(14) “Not substantiated” means there is less than a preponderance of evidence to show that abuse occurred.
(15) “Office of Training, Investigations and Safety” (OTIS) means the unit within the Department of Human Services Shared Services.
(16) “Redacted” means information deemed confidential under state or federal laws that are excluded from public record release.
(17) “Resident” as used in these rules means an adult receiving care, treatment or services in a SUD facility licensed by the Oregon Health Authority (OHA).
(18) “Services” as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other service essential to the well-being of the adult.
(19) “Substance Use Disorder” (SUD) means substance use disorder, also commonly called substance abuse or alcohol and drug (A&D).
(20) “SUD facility” as used in these rules provide residential treatment for adults with alcohol or drug dependence and means:
(a) A residential treatment facility or a residential treatment home that is licensed under ORS 443.415 (License applications); or
(b) A Detoxification Center that is licensed as a SUD residential treatment program by OHA HSD.
(21) “Substantiated” means that the preponderance of evidence establishes the abuse occurred.
(22) “Treatment” means as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455).
(23) “Unbiased investigation” means an investigation that is conducted that does not have an actual or potential conflict of interest with the outcome.

Source: Rule 407-045-1010 — Adult Residential Substance Use Disorder Investigation Rules: Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-1010.

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 407-045-1010’s source at or​.us