(1)ABUSE IS PROHIBITED. The facility employees, agents, and licensee must not permit, aid, or engage in abuse of residents under their care.
(2)REPORTERS AND MANDATORY REPORTERS. All persons are encouraged to report abuse and suspected abuse. The following persons are required to immediately report abuse and suspected abuse to The Department or law enforcement agency:
(a)Physicians, including any resident physician or intern;
(b)Licensed practical or registered nurses;
(c)Employees of the Department, Area Agency on Aging, county health department, or community mental health program;
(d)Nursing facility employees or any individual who contracts to provide services in a nursing facility;
(g)Licensed social workers;
(h)Physical, speech, or occupational therapists; and
(i)Family members of a resident, guardians, or legal counsel for a resident.
(3)FACILITY REPORTING OF ABUSE OR SUSPECTED ABUSE.
(a)The nursing facility administration must immediately notify the Department, local designee of the Department, or local law enforcement agency of any incident of abuse or suspected abuse. Physical injury of an unknown cause must be reported to the Department as suspected abuse, unless an immediate facility investigation reasonably concludes the physical injury is not the result of abuse.
(b)The local law enforcement agency must be called first when the suspected abuse is believed to be a crime (for example, rape, murder, assault, burglary, kidnapping, or theft of controlled substances).
(c)The local law enforcement agency must be called if the offices of the Department or designee are closed and there are no arrangements for after hours investigation.
(4)ABUSE COMPLAINT. The oral or written abuse complaint must include the following information when available;
(a)Names, addresses, and phone numbers of alleged perpetrators, residents, and witnesses;
(b)The nature and extent of the abuse or suspected abuse, including any evidence of previous abuse;
(c)Any explanation given for the abuse or suspected abuse; and
(d)Any other information the person making the report believes might be helpful in establishing the circumstances surrounding the abuse and the identity of the perpetrator.
(5)PRIVILEGE. In the case of abuse of a resident, the physician-patient privilege, the husband-wife privilege, and the privileges extended under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) shall not be a ground for excluding evidence regarding the abuse, or the cause thereof, in any judicial proceeding resulting from an abuse complaint made pursuant to this section.
(6)IMMUNITY AND PROHIBITION OF RETALIATION.
(a)The facility licensee, employees, and agents must not retaliate in any way against anyone who participates in the making of an abuse complaint, including, but not limited to, restricting otherwise lawful access to the facility or to any resident or, if an employee, to dismissal or harassment.
(b)The facility licensee, employees, and agents must not retaliate against any resident who is alleged to be a victim of abuse.
(c)Anyone who, in good faith, reports abuse or suspected abuse shall have immunity from any liability that might otherwise be incurred or imposed with respect to the making or content of an abuse complaint. Any such person shall have the same immunity with respect to participating in judicial or administrative proceedings relating to the complaint.
(7)INVESTIGATION BY FACILITY. In addition to immediately reporting abuse or suspected abuse to the Department or law enforcement agency, the facility must promptly investigate all reports of abuse and suspected abuse and must take measures necessary to protect residents from abuse and prevent recurrence of abuse.
Rule 411-085-0360 — Abuse,