Or. Admin. Code § 419-130-0010 - Definitions
In addition to the definitions in ORS 430.735, the following terms are defined as used in these rules, OAR chapter 419, division 130.
(1) "Abuse" means as defined in ORS
430.735.
(2) "Abuse Investigation and Protective
Services Report" means a written report completed under these rules.
(3) "Adult" as used in these rules means an
individual who is 18 years of age or older and receiving treatment services for
a substance use disorder in a residential treatment facility (RTF), residential
treatment home (RTH) or detoxification center licensed by the Oregon Health
Authority (OHA).
(4) "Adult
protective services" as defined in ORS
430.735 means the necessary
actions taken to prevent abuse or exploitation of an adult, to prevent
self-destructive acts, and to safeguard an allegedly abused adult's person,
property, or funds, including petitioning for a protective order as defined in
ORS 125.005. Any actions taken to
protect an adult must be undertaken in a manner that is least intrusive to the
adult and provides for the greatest degree of independence.
(5) "Accused Person" or "Accused Provider"
(AP) means the respondent in an abuse investigation conducted under these
rules, alleged or determined to have committed abuse and is a:
(a) Licensed SUD residential treatment
facility (RTF), residential treatment home (RTH) or Detoxification Center;
or
(b) Staff, contractor or
volunteer in an RTF, RTH or Detoxification Center.
(6) "Alleged victim" (AV) means an adult who
is an SUD facility resident who is reported, alleged or determined to be
subjected to abuse.
(7) "Authority"
means the Oregon Health Authority (OHA).
(8) "Caregiver" as defined in ORS
430.735 means an individual,
whether paid or unpaid, or a facility that has assumed responsibility for all
or a portion of the care of an adult as a result of a contract or
agreement.
(9) "Closed without
abuse determination" means after diligent efforts have been made, the
investigator is unable to locate the AP, the alleged victim or another
individual who might have information critical to the outcome of the
investigation; or relevant records or documents are unavailable, so that the
investigation cannot be completed.
(10) "Department" means the Oregon Department
of Human Services (ODHS).
(11)
"Health Systems Division" (HSD) means a unit within OHA responsible for
regulation of SUD facilities.
(12)
"Investigator" means an OTIS employee who is authorized and receives required
training to screen and investigate allegations of abuse under these
rules.
(13) "Law enforcement
agency" (LEA) means as defined in ORS
430.735.
(14) "Not substantiated" means there is less
than a preponderance of evidence to show that abuse occurred.
(15) "Office of Training, Investigations and
Safety" (OTIS) means the unit within the Department of Human Services Shared
Services.
(16) "Redacted" means
information deemed confidential under state or federal laws that are excluded
from public record release.
(17)
"Resident" as used in these rules means an adult receiving care, treatment or
services in a SUD facility licensed by the Oregon Health Authority
(OHA).
(18) "Services" as defined
in ORS 430.735 includes but is not
limited to the provision of food, clothing, medicine, housing, medical
services, assistance with bathing or personal hygiene, or any other service
essential to the well-being of the adult.
(19) "Substance Use Disorder" (SUD) means
substance use disorder, also commonly called substance abuse or alcohol and
drug (A&D).
(20) "SUD facility"
as used in these rules provide residential treatment for adults with alcohol or
drug dependence and means:
(a) A residential
treatment facility or a residential treatment home that is licensed under ORS
443.415; or
(b) A Detoxification Center that is licensed
as a SUD residential treatment program by OHA HSD.
(21) "Substantiated" means that the
preponderance of evidence establishes the abuse occurred.
(22) "Treatment" means as defined in ORS
443.400.
(23) "Unbiased investigation" means an
investigation that is conducted that does not have an actual or potential
conflict of interest with the outcome.
Notes
Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & 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
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