Oregon Statutes - Chapter 441 - Health Care Facilities - Section 441.677 - Letter of determination; determination rules; distribution of letter; notice to nursing assistant.

(1) Within 60 days of receipt of the investigation documents and the written report described in ORS 441.650 (6)(d) and 441.676 (2)(d), the Department of Human Services shall prepare a written letter of determination that states the department’s determinations concerning each incident or problem alleged in the complaint. The department shall determine whether the alleged incident or problem was substantiated or unsubstantiated or whether the department was unable to substantiate the alleged incident or problem. The department shall adopt by rule definitions for the terms “substantiated,” “unsubstantiated” and “unable to substantiate.” If the department determines that an incident or problem alleged in the complaint is substantiated, the letter of determination shall state whether the substantiated incident was abuse or violation of another rule. If abuse is substantiated, the letter of determination shall state whether the facility or an individual, or both, was responsible. The department shall adopt by rule criteria for determining responsibility for substantiated abuse.

(2) A copy of the letter of determination shall be placed in the facility’s complaint file. Copies shall be sent to the facility, the complainant and the local office of the department. The facility and the complainant receiving the letter of determination shall be given 10 days to respond with additional information and shall be informed of the appeals process.

(3) If the department determines that an individual who holds a license or certificate for a health occupation is directly responsible for the abuse, the department shall send a copy of its letter of determination and investigation report to the state agency responsible for licensing or certifying the individual in the health occupation. In instances involving conduct of a nursing assistant, the department shall give the nursing assistant 10 days to respond with additional information. The department also shall notify by mail the nursing assistant implicated in the investigation of:

(a) The nature of the allegations;

(b) The date and time of occurrence;

(c) The right to an administrative review under ORS 441.678;

(d) The department’s intent to report the substantiated findings to the registry maintained under ORS 678.150 after the nursing assistant has had an opportunity for administrative review; and

(e) The fact that the nursing assistant’s failure to request an administrative review within 30 days from the date of the notice will result in the department’s reporting the substantiated findings to the registry maintained under ORS 678.150.

(4) Notice sent to the nursing assistant’s last-known address is sufficient to meet the requirements of subsection (3) of this section. [1993 c.759 §7]

Note: See note under 441.637.

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Last modified: August 7, 2008