Health Care Facilities
Investigation of abuse complaint
- initial status report
- distribution of report
- duties of investigator
- investigation report
(1)Upon receipt of the oral or written report required under ORS 441.640 (Report of suspected abuse of resident required), or of an abuse complaint, the area agency on aging, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced as follows:
(a)Within two hours, if the complaint alleges that a resident’s health or safety is in imminent danger or that the resident has recently died, been hospitalized or been treated in an emergency room; or
(b)Prior to the end of the next working day, if the complaint alleges that circumstances exist that could result in abuse and that the circumstances could place a resident’s health or safety in imminent danger.
(2)If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the law enforcement agency shall notify in writing the local office of the area agency or the department as appropriate. Except in cases where the investigation is part of nursing facility surveyor activity pursuant to federal law, the area agency or the department shall complete an initial status report within two working days of the start of the investigation that includes:
(a)A summary of the complaint that identifies each alleged incident or problem;
(b)The status of the investigation;
(c)Whether an abuse complaint was initially filed at the direction of the administration of the facility;
(d)A determination of whether protection of the resident is needed and whether the facility must take action;
(e)The name and telephone number of the investigator; and
(f)The projected date that the investigation report will be completed and a statement that the report will be available upon request after the department issues a letter of determination.
(3)The initial status report described in subsection (2) of this section shall be provided either in person or by mail to the following individuals as soon as practicable, but no later than two working days after its completion:
(a)The complainant, unless the complainant waives the requirement;
(b)If the complaint involves a specific resident, the resident or a person designated to receive information concerning the resident;
(c)A representative of the Long Term Care Ombudsman, upon request; and
(d)The long term care facility.
(4)The initial status report described in subsection (2) of this section shall be available for public inspection.
(5)When copies of the initial status report described in subsection (2) of this section are made available to individuals listed in subsection (3) of this section, the names of the resident involved, the complainant and any individuals interviewed by the investigator shall be deleted from the copies.
(6)In investigating an abuse complaint, the investigator shall:
(a)Make an unannounced visit to the facility, except as provided by ORS 441.690 (Complainant may accompany investigator), to determine the nature and cause of the abuse of the resident;
(b)Interview all available witnesses identified by any source as having personal knowledge relevant to the abuse complaint, such interviews to be private unless the witness expressly requests the interview not to be private;
(c)Make personal inspection of all physical circumstances that are relevant and material and that are susceptible to objective observation; and
(d)Write an investigation report that includes:
(A)The investigator’s personal observations;
(B)A review of documents and records;
(C)A summary of all witness statements; and
(D)A statement of the factual basis for the findings for each incident or problem alleged in the complaint.
(7)Within five working days of completion of the investigation and not later than 60 days from completion of the initial status report described in subsection (2) of this section, the investigator shall provide the department with the written report required by subsection (6) of this section. The department shall make the investigation report available upon request after the letter of determination is complete. When copies of the report are made available, the names of the resident involved, the complainant and any individuals interviewed by the investigator shall be deleted from the copies. [1979 c.770 §5; 1987 c.428 §29; 1993 c.759 §5]
Atty. Gen. Opinions
Definition of patient abuse, (1980) Vol 40, p 381
Atty. Gen. Opinions
Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963