2013 Oregon Revised Statutes
Volume : 11 - Public Health, Housing, Environment
Chapter 441 - Health Care Facilities
Section 441.117 - Right of entry into facilities and access to records.

(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. [1981 c.534 §6; 2001 c.104 §179; 2003 c.86 §13; 2013 c.717 §5]

Note: The amendments to 441.117 by section 5, chapter 717, Oregon Laws 2013, become operative July 1, 2014. See section 19, chapter 717, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user's convenience.
(1) The Long Term Care Ombudsman and each designee shall have the right of entry into long term care facilities at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of:

(a) Investigating and resolving complaints by residents or on their behalf;

(b) Interviewing residents, with their consent, in private;

(c) Offering the services of the ombudsman or designee to any resident, in private;

(d) Interviewing employees or agents of the long term care 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 office, including records on patient abuse complaints made pursuant to ORS 441.630 to 441.680 and 441.995. Nothing contained in ORS 192.553 to 192.581 is intended to limit the access of the Long Term Care Ombudsman to medical records of residents of long term care 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 or other personal care 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 designee. The refusal shall be made directly to the ombudsman or 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.