Or. Admin. R. 419-120-0040

Current through Register Vol. 63, No. 9, September 1, 2024

Section 419-120-0040 - Screening Activities and Initial Notice

(1) Screening is the trained process used to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abuse of a patient requires investigation as stated in these rules, OAR chapter 419, division 120.

(a) The investigator shall document screening activities completed and the information supporting the decision to either assign an abuse investigation or close the complaint at screening.

(b) The investigator shall assure initial notifications, referrals and required cross-reporting are completed.

(c) The investigator shall immediately, within one business day, begin to assess and assure protective services, in collaboration with OSH, regardless if the complaint of alleged abuse is assigned for investigation or closed at screening.

(2) OTIS shall have a protocol to:

(a) Track the outcome of every screening to ensure completion;

(b) Record how and when notifications were provided; and

(c) Maintain confidential records of actions taken by OTIS.

(3) A screening determination shall be made within by the end of the third business day of OTIS's receipt of the alleged abuse complaint.

(a) The OTIS manager may grant a screening extension if the investigator is unable to make a screening determination because critical information to make a decision is needed. The investigator shall document:

(A) The reason for the extension;

(B) The critical information that remains to be collected; and

(C) The approval of the OTIS manager.

(b) The OTIS manager may grant a screening extension if law enforcement is conducting a criminal investigation of the alleged abuse incident. The investigator shall document:

(A) The name of the law enforcement agency, assigned case number and crime being investigated;

(B) The plan for follow-up contacts with the law enforcement agency; and

(C) The approval of the OTIS manager.

(4) When a law enforcement agency is conducting an investigation of the alleged abuse:

(a) OTIS need not conduct its own investigation of the same incident.

(b) OTIS may also perform its own investigation as long as it does not interfere with the law enforcement agency investigation. Circumstances that indicate a need for OTIS to conduct the investigation:

(A) There is potential for action by a licensing or certifying agency;

(B) Timely investigation by law enforcement is not probable; or

(C) The law enforcement agency does not complete a criminal investigation.

(c) OTIS shall ensure regular and timely follow-up with the law enforcement agency when a screening extension has been granted, related to:

(A) The status of the criminal investigation,

(B) Explanation for no criminal investigation or suspension of a criminal investigation, and

(C) Any actions taken by the district attorney.

(5) If the investigator determines that there is reasonable cause to believe that abuse was caused or aided by a person employed by OSH, the investigator shall notify:

(a) The OSH Superintendent in writing of the screening decision, including but not limited to:

(A) Identity of the alleged victim, AP and the abuse alleged;

(B) The case number, due date, assigned investigator and how the investigator may be contacted;

(C) Direction to OSH to ensure the patient's guardian is notified, if applicable; and

(D) Direction to OSH to ensure the AP is notified of the opened investigation.

(b) OTIS shall notify the ODHS| OHA Human Resources by copy of the information provided in subsection (a) of this section.

(6) If the complaint is not within the definitions of patient abuse by an OSH staff or visitor, the investigator shall:

(a) Further screen the complaint under community abuse rules OAR chapter 419, division 110 or division 100 for possible assignment to OTIS or a community mental health or developmental disabilities program for investigation.

(b) Close the OSH complaint as does not meet the conditions for an abuse investigation under these rules (OAR chapter 419, division 120) and notify the Superintendent in writing, which includes:

(A) The information gathered and assessed to support the determination; and

(B) Provides the name and contact information for the investigator completing the screening.

Or. Admin. R. 419-120-0040

DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018; DHSD 28-2018, adopt filed 10/01/2018, effective 10/01/2018; DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 12-2019, amend filed 08/01/2019, effective 08/01/2019; DHS 21-2022, minor correction filed 05/02/2022, effective 05/02/2022; DHS 7-2023, renumbered from 407-045-0445, filed 12/01/2023, effective 12/01/2023; OTIS 110-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731

Statutes/Other Implemented: 430.768, 426.385, 430.210, 430.731, 430.735 - 430.765 & ORS 179.390