2011 ORS § 441.630¹
Definitions for ORS 441.630 to 441.680 and 441.995

As used in ORS 441.630 (Definitions for ORS 441.630 to 441.680 and 441.995) to 441.680 (Spiritual healing alone not considered abuse of resident) and 441.995 (Factors considered in determining penalties under ORS 441.630 to 441.680):

(1) Abuse means:

(a) Any physical injury to a resident of a long term care facility which has been caused by other than accidental means.

(b) Failure to provide basic care or services, which failure results in physical harm or unreasonable discomfort or serious loss of human dignity.

(c) Sexual contact with a resident caused by an employee, agent or other resident of a long term care facility by force, threat, duress or coercion.

(d) Illegal or improper use of a residents resources for the personal profit or gain of another person.

(e) Verbal or mental abuse as prohibited by federal law.

(f) Corporal punishment.

(g) Involuntary seclusion for convenience or discipline.

(2) Abuse complaint means any oral or written communication to the department, one of its agents or a law enforcement agency alleging abuse.

(3) Department means the Department of Human Services or a designee of the department.

(4) Facility means a long term care facility, as defined in ORS 442.015 (Definitions).

(5) Law enforcement agency means:

(a) Any city or municipal police department.

(b) A police department established by a university under ORS 352.383 (University police departments and officers).

(c) Any county sheriffs office.

(d) The Oregon State Police.

(e) Any district attorney.

(6) Public or private official means:

(a) Physician, including any intern or resident.

(b) Licensed practical nurse or registered nurse.

(c) Employee of the Department of Human Services, a community developmental disabilities program or a long term care facility or person who contracts to provide services to a long term care facility.

(d) Employee of the Oregon Health Authority, county health department or community mental health program.

(e) Peace officer.

(f) Member of the clergy.

(g) Regulated social worker.

(h) Physical, speech and occupational therapists.

(i) Legal counsel for a resident or guardian or family member of the resident. [1979 c.770 §1; 1981 c.470 §7; 1981 c.784 §22; 1987 c.428 §26; 1989 c.721 §53; 1993 c.759 §1; 2001 c.104 §180; 2009 c.442 §41; 2009 c.595 §737; 2011 c.506 §42]