Office of Training, Investigations and Safety
Chapter 419
Division 130
ABUSE INVESTIGATIONS IN RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT SERVICES
419-130-0030
Initial Action on Complaints of Alleged Abuse
(1) Upon receipt of a complaint alleging abuse, OTIS shall document the reported information as required by ORS 430.743 and any additional information reported.
(a) OTIS shall attempt to elicit the following information from the reporter:
(A) The age and present location of the allegedly abused adult.
(B) The adult’s name, if releasable by:
(i) A Part 2 SUD program when related to serious event reporting at the SUD facility;
(ii) A release of information to OTIS signed by the adult or their legal representative/guardian (if applicable) and request a copy; or
(iii) If the reporter is not subject to Part 2 confidentiality regulations, such as the SUD resident, then names may be documented as part of initial reporting.
(C) The names and addresses of the persons responsible for the adult’s care.
(D) The nature and extent of the alleged abuse, including any evidence of previous abuse.
(E) Any information that led the reporter to suspect abuse occurred.
(F) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP. And,
(G) The date of the incident.
(b) OTIS shall ask if a report to law enforcement report was made.
(2) Upon receipt of a complaint of alleged abuse, OTIS shall immediately contact the HSD specialist to coordinate:
(a) Reviewing the initial complaint and need for review of SUD facility records, including any relevant incident reports completed by the facility;
(b) Contacting the alleged victim for a health and safety check to determine whether the alleged victim sustained any serious injury and assess the need for protective services per OAR 419-130-0050; and
(c) Obtaining signed releases of 42 CFR Part 2 information and records for investigation purposes to OTIS, including locating a forwarding address if the alleged victim is no longer a resident in the SUD treatment facility.
(3) OTIS may consult with the HSD specialist to assess whether an abuse investigation is required under these rules.
(4) If there is reasonable cause to believe a crime occurred and an immediate report to law enforcement is required per ORS 430.743(2), OTIS cross- reports to law enforcement shall not include any 42 CFR Part 2 protected SUD information (name or records) unless the SUD resident or their legal representative has provided written consent authorizing this disclosure to law enforcement.
Statutory/Other Authority: ORS 409.010, 409.050 & ORS 430.731
Statutes/Other Implemented: ORS 430.731, 430.205 and 430.210 (amended by OL 2019, Chapter 236), 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2), 443.400 – 443.455 & 430.256, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630, 430.640
History:
OTIS 119-2023, minor correction filed 12/01/2023, effective 12/01/2023
DHS 7-2023, renumbered from 407-045-1030, filed 12/01/2023, effective 12/01/2023
DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020