Or. Admin. Code § 419-120-0050

Current through Register Vol. 63, No. 11, November 1, 2024

Section 419-120-0050 - Assessment for and Provision of Protective Services for Patients

(1) Upon receipt of a mandatory report of alleged abuse, OTIS shall contact OSH to begin assessing needed or provided protective services, in collaboration with OSH.

(a) An attempt at direct contact with the alleged victim by OTIS or facilitated by OSH upon OTIS request, by the end of the next business day of receiving the complaint of alleged abuse shall occur as part of assessing protective service needs, determining if the alleged victim is in danger or in need of immediate protective services.

(b) OTIS or OSH may delay direct contact if the patient's clinician states a health, safety or well-being concern exists.

(2) Assessment for the provision of protective services may include:

(a) Arranging for the immediate protection of the alleged victim;

(b) In-person contact with the alleged victim to assess their ability to protect their own interest or give informed consent;

(c) Determining the alleged victim's ability to understand the nature of the protective service and their willingness to accept services;

(d) Coordinating evaluations to determine or verify the alleged victim's physical and mental status, if necessary;

(e) Assisting in and arranging for appropriate services and alternative living arrangements;

(f) Assisting in or arranging the medical, legal, financial, or other necessary services to prevent further abuse;

(g) Providing advocacy to assure the alleged victim's rights and entitlements are protected; and

(h) Consulting with the guardian or others as appropriate in developing recommendations or requirements to prevent further abuse.

(3) OTIS shall communicate with OSH in coordinating the assessment and assurance of protective services for the alleged victim. OTIS and OSH may share confidential information appropriate or necessary for the health, safety and best interests of the alleged victim in need of protection if the information is necessary for:

(a) The provision of protective services;

(b) The function of licensing and certifying agencies; or

(c) Mandatory reporting to law enforcement agencies.

(4) OTIS shall document the protective services assessment and provisions provided by OSH, including those needed, offered and declined, to be maintained as part of the complaint record. The assessment is considered confidential patient information.

Or. Admin. Code § 419-120-0050

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 7-2023, renumbered from 407-045-0455, filed 12/01/2023, effective 12/01/2023; OTIS 111-2023, 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