The Department conducts an inspection of
(a) Prior to the issuance of an
(b) Prior to the
annual renewal of an AFH-DD license;
(c) Upon receipt of an oral or written
complaint of violations that threaten the health, safety, or welfare of
(d) Anytime the
Department has probable cause to believe that an AFH-DD violated a regulation
or provision of these rules or is operating without an AFH-DD license.
The Department may
conduct inspections of an AFH-DD:
inspections are authorized by these rules and any other time the Department
considers an inspection necessary to determine if an AFH-DD is in compliance
with these rules or with conditions placed upon the license of the AFH-DD;
(b) To determine if cited
deficiencies have been corrected; and
(c) For the purpose of monitoring an
individuals' care and services.
(3) State or local fire inspectors must be
permitted access to inspect an AFH-DD for fire safety upon request of the
must have full access and authority to:
Examine the physical premises of the AFH-DD including the buildings, grounds,
equipment, and any vehicles; and
(b) Examine and copy facility, individual,
and account records (as applicable).
(5) Department staff has authority to
interview the provider, resident manager, caregivers, and individuals.
Interviews are conducted in private and are confidential except as considered
public record under ORS
(6) Providers must authorize resident
managers and substitute caregivers to permit entrance by Department staff for
the purpose of inspection and investigation.
(7) Department staff has authority to conduct
inspections with or without advance notice to the provider, substitute
caregiver, or an individual of the AFH-DD. The Department may not give advance
notice of any inspection if the Department believes that advance notice may
obstruct or seriously diminish the effectiveness of the inspection or
enforcement of these rules.
The inspector must respect the private possessions and living area of
individuals, providers, and caregivers while conducting an inspection.
(9) A copy of the inspection
report must be given to the licensee within 10 working days of completion of
the final report.
reports on inspections, except for confidential information, are available to
the public during business hours, upon request of the Department.
The Department investigates allegations
of abuse as defined in OAR 407-045-0260
for individuals receiving services
authorized or funded by the Department.
When abuse is alleged or death of an
individual has occurred and a law enforcement agency or the Department has
determined to initiate an abuse investigation, the provider may not conduct an
internal investigation without prior authorization from the Department. For the
purpose of this section, an internal investigation is defined as:
(A) Conducting interviews of the alleged
victim, witness, the accused person, or any other person who may have knowledge
of the facts of the abuse allegation or related circumstances;
(B) Reviewing evidence relevant to the abuse
allegation other than the initial report; or
Any other actions beyond the initial
actions of determining:
(i) If there is
reasonable cause to believe that abuse has occurred;
(ii) If the alleged victim is in danger or in
need of immediate protective services;
(iii) If there is reason to believe that a
crime has been committed; and
What, if any, immediate personnel actions must be taken.
When an abuse investigation
has been initiated, the Department must provide notice to the provider
according to OAR 407-045-0290
When an abuse
investigation has been completed, the outcome of the Abuse Investigation and
Protective Services Report is provided by the Department according to OAR
When a provider
receives notification of a substantiated allegation of abuse, the provider must
provide immediate written notification:
To the person found to have committed abuse;
(ii) Each individual of the AFH-DD;
(iii) Each individual's services
individual's legal representative.
The provider's written notification of a
substantiated allegation of abuse must include:
(ii) When the
allegation was substantiated; and
(iii) How to request a copy of the Abuse
Investigation and Protective Services Report.
(g) When a provider has been notified of the
completion of the abuse investigation, a provider may conduct an internal
investigation to determine if any other personnel actions are necessary.
According to OAR 407-045-0330
the sections of the Abuse Investigation and Protective Services Report that are
public records and not exempt from disclosure under the public records law must
be provided to the provider upon completion of the Report. The provider must
implement the actions necessary within the deadlines listed to prevent further
abuse as stated in the Report.
RETALIATION. A provider may not retaliate against any person who reports in
good faith suspected abuse, or against the individual with respect to the
report. An accused person may not self-report solely for the purpose of
(A) According to ORS
430.755, any provider who
retaliates against any person because of a report of suspected abuse or neglect
is liable in a private action to that person for actual damages and, in
addition, is subject to a penalty up to $1,000, not withstanding any other
remedy provided by law.
adverse action creates a presumption of retaliation if taken within 90 days of
a report of abuse. For the purpose of this section, "adverse action" means any
action taken by a community facility, community program, or person involved in
a report of suspected abuse against the person making the report or against the
individual because of the report. Adverse action may include but is not limited
(i) Discharge or transfer from the
AFH-DD, except for clinical reasons;
(ii) Discharge from or termination of
(iii) Demotion or
reduction in remuneration for services; or
(iv) Restriction or prohibition of access to
the AFH-DD or the individuals served by the AFH-DD.
(C) Adverse action may also be evidence of
retaliation after 90 days even though the presumption of retaliation no longer
Or. Admin. R.
SPD 3-2005, f. 1-10-05,
cert. ef 2-1-05; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10;
SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 34-2013, f. & cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS