Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2023 | Updated by Findlaw Staff
(1) The Long Term Care Ombudsman and each designee shall have the right of entry into residential facilities at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of:
(a) Investigating and resolving complaints made by residents or made on their behalf;
(b) Interviewing residents, with their consent, in private;
(c) Offering the services of the ombudsman or the designee to any resident, in private;
(d) Interviewing employees or agents of the facility;
(e) Consulting regularly with the facility administration; and
(f) Providing services authorized by law or by rule.
(2) The Long Term Care Ombudsman shall have access to any resident's records, and to records of any public agency necessary to the duties of the ombudsman including records on patient abuse complaints made pursuant to ORS 430.735 to 430.765, 441.630 to 441.680 and 441.995. The provisions of ORS 192.553 to 192.581 are not intended to limit the access of the Long Term Care Ombudsman to medical records of residents of residential facilities. Designees may have access to individual resident's records, including medical records as authorized by the resident or resident's legal representative, if needed to investigate a complaint.
(3) Entry and investigation authorized by this section shall be done in a manner that does not disrupt significantly the providing of nursing, residential or other personal care or treatment to residents.
(4) The ombudsman or the designee must show identification to the person in charge of the facility. The resident shall have the right to refuse to communicate with the ombudsman or the designee. The refusal shall be made directly to the ombudsman or the designee and not through an intermediary.
(5) The resident shall have the right to participate in planning any course of action to be taken on behalf of the resident by the ombudsman or the designee.
Cite this article: FindLaw.com - Oregon Revised Statutes Public Health and Safety § 441.408 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-36-public-health-and-safety/or-rev-st-sect-441-408/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)