Or. Admin. Code § 114-005-0010 - Access to Resident
(1) The Ombudsman
or designee may communicate privately with any consenting resident. The Ombudsman
and designee shall have access to each resident in private to determine if the
resident wishes to communicate with the Ombudsman or designee. The resident's
refusal to communicate with the Ombudsman or designee shall not be relayed by an
intermediary. In a multi-bed room, a resident's refusal to communicate with the
Ombudsman or designee shall not keep the Ombudsman or designee from entering or
communicating with other residents. If the resident's room does not permit
private consultation to occur between the Ombudsman or designee and resident, or
if such consultation infringes upon the rights of roommates, then the facility
shall provide an appropriate private place for such meetings. The resident(s) and
the Ombudsman or designee may also meet in any common area of the facility unless
their presence there would infringe upon the privacy or other rights of other
residents.
(2) When encountering a
closed door the Ombudsman or designee shall knock and listen for a response. If
there is no response, the Ombudsman or designee may open the door and announce
his/her presence as entering. If residents are observed in a situation or
condition requiring privacy, the Ombudsman or designee shall excuse themselves
and close the door upon exiting.
(3)
When encountering a closed privacy curtain, the Ombudsman or designee shall
request permission from the resident to enter the curtained area. If the resident
does not respond, the Ombudsman or designee shall request that staff of the long
term care facility determine if the resident is asleep or receiving treatment or
services. If the resident is sleeping or receiving treatment or services, the
Ombudsman or designee may not enter the curtained area. If the resident is not
sleeping or receiving treatment or services, the Ombudsman or designee may enter
the curtained area to determine if the resident wishes to communicate with the
Ombudsman or designee.
Notes
Stat. Auth.: ORS 441
Stats. Implemented:
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