OLRO Review. OLRO shall review the Complaint Investigation
Report and any evidence submitted with the report.
OLRO Determination. OLRO shall review the
Complaint Investigation Report and shall determine for each alleged violation:
(a) There is "Substantiated abuse," which
means a reasonable person is able objectively to conclude it is more likely
than not abuse occurred, including identification of rule violated;
(b) There is "Substantiated, non-abuse,"
which means a reasonable person is able objectively to conclude it is more
likely than not a rule violation, other than abuse, occurred, including
identification of rule violated;
(c) Is "Unsubstantiated," which means a
reasonable person is able objectively to conclude it is unlikely any rule
violation occurred; or
"Unable to Substantiate," which means an investigation is not completed because
necessary, relevant information is unable to be obtained; or that following a
complete investigation, a reasonable person is unable objectively to conclude
whether it was more or less likely a rule violation occurred.
If OLRO determines there is
substantiated abuse, OLRO shall determine whether the facility, or an
individual, or both, were responsible. In determining responsibility, OLRO
shall consider intent, knowledge, ability to control, and adherence to
professional standards, as applicable.
Facility Responsible. Examples of when OLRO shall determine the facility is
responsible for the abuse include, but are not limited to the following:
Failure to provide minimum staffing in
accordance with OAR 411-086-0100
(2), without reasonable effort to correct;
(B) Failure to check for, or act
upon, relevant information available from a licensing board;
(C) Failure to act upon information from any
source regarding a possible history of abuse by any staff or prospective staff;
(D) Failure to adequately train or
(E) Failure to
provide adequate supervision of staff or residents, or both;
(F) Failure to allow sufficient time to
accomplish assigned tasks;
Failure to provide adequate services;
(H) Failure to provide adequate equipment or
(I) Failure to follow
orders for treatment or medication.
Individual Responsible. Examples of when
OLRO shall determine an individual is responsible shall include, but are not
(A) Intentional acts against a
resident including assault, rape, kidnapping, murder, sexual abuse, or verbal
or mental abuse;
contradictory to clear instructions from the facility, unless the act is
determined by OLRO to be caused by a "facility problem" such as those
identified in paragraph (2)(b)(A) of this rule;
(C) Callous disregard for resident rights or
(D) Intentional acts
against a resident's property (e.g., theft, misuse of funds).
(c) An individual shall not be
considered responsible for the abuse if the individual demonstrates the abuse
was caused by factors beyond the individual's control. "Factors beyond the
individual's control" are not intended to include such factors as misuse of
alcohol or drugs or lapses in sanity.
Or. Admin. R.
SSD 1-1995, f. 1-30-95,
cert. ef. 2-1-95;
13-2015, f. 6-24-15, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS