Or. Admin. Code § 411-340-0040
Current through Register Vol. 64, No. 1, January 1, 2025
Section 411-340-0040 - Abuse Reporting(1) ABUSE PROHIBITED. Abuse of an individual is prohibited. An employee, staff, or volunteer of a brokerage shall not condone or tolerate abuse.(2) POLICIES AND PROCEDURES. A brokerage must have in place appropriate and adequate disciplinary policies and procedures to address instances when an employee, staff, or volunteer has been identified as an accused person in an abuse investigation as well as when an allegation of abuse has been substantiated.(3) MANDATORY ABUSE REPORTING. All employees of a brokerage are mandatory reporters. A brokerage must:(a) Provide training on mandatory abuse reporting annually. Training must be completed by using the training module in the Department's learning management system (Workday) or by signature on a form approved by the Department;(b) Notify all employees of mandatory abuse reporting status at least annually; and(c) Provide all employees with a Department-produced card regarding mandatory abuse reporting status and abuse reporting.(4) IMMEDIATE NOTIFICATION. A brokerage must immediately report any incident or allegation of potential or suspected abuse to the CDDP.(5) INCIDENT REPORTS. (a) A brokerage must prepare an incident report for instances of potential or suspected abuse when staff of the brokerage become aware of the potential or suspected abuse.(b) A brokerage must send a copy of an incident report involving potential or suspected abuse to an abuse investigator within five business days.(6) PROTECTIVE SERVICES. When a CDDP or OTIS abuse investigator determines that a brokerage must take a protective services action following a report of abuse, the brokerage must implement the action. If unable to implement the action, the brokerage must immediately notify the abuse investigator.(a) Any protective services must be provided in a manner that is least intrusive to adult individuals and provides for the greatest degree of independence available within existing resources.(b) The brokerage must report the outcome of protective services to the abuse investigator upon completion.(7) RECOMMENDED ACTIONS. When a brokerage receives a recommended action included in an abuse investigation and protective services report, as described in OAR 419-100-0080, the brokerage must:(a) Implement the recommended action within the specified timeline and report back to the abuse investigator that the recommended action was completed; or(b) With prior agreement from the abuse investigator, implement an alternative action and report back to the abuse investigator that the action was completed.Or. Admin. Code § 411-340-0040
MHD 9-2001(Temp), f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02; MHD 5-2002, f. 2-26-02 cert. ef. 2-27-02; MHD 4-2003(Temp); f. & cert. ef. 7-1-03 thru 12-27-03; SPD 22-2003, f. 12-22-03, cert. ef. 12-28-03, Renumbered from 309-041-1780; SPD 8-2005, f. & cert. ef. 6-23-05; SPD 17-2006, f. 4-26-06, cert. ef. 5-1-06; SPD 8-2008, f. 6-27-08, cert. ef. 6-29-08; SPD 8-2009, f. & cert. ef. 7-1-09; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 25-2010(Temp), f. & cert. ef. 11-17-10 thru 5-16-11; SPD 10-2011, f. & cert. ef. 5-5-11; SPD 50-2013, f. 12-27-13, cert. ef. 12-28-13; APD 15-2016, f. 6-28-16, cert. ef. 6/29/2016; APD 36-2018, minor correction filed 10/18/2018, effective 10/18/2018; APD 45-2019, amend filed 10/29/2019, effective 11/1/2019; APD 5-2023, amend filed 05/01/2023, effective 5/1/2023; APD 46-2024, minor correction filed 07/17/2024, effective 7/17/2024Statutory/Other Authority: ORS 409.050, 427.104, 427.115, 427.154 & 430.662
Statutes/Other Implemented: ORS 409.010, 427.005-427.163, 430.610, 430.620, 430.662 & 430.664