There are some rule changes effective November 1, 2019 that impact Personal Support Workers (PSWs). PSWs statewide received the following information from the State of Oregon in October 2019.
Effective November 1, 2019, Personal Support Workers must report serious incidents to a supported person’s case manager (Services Coordinator or Personal Agent) immediately, but no later than one business day after an incident happens.
What kinds of things are PSWs required to report?
Serious illness that will result in hospitalization, bodily injury, or death without treatment.
Serious injury that risks a person’s life or permanent injury without treatment.
Physical aggression resulting in injury to the person, PSW, or others.
Person receives emergency medical care.
Person is missing beyond the time frame established in their ISP.
Person is admitted to a psychiatric hospital.
Person attempts suicide.
Person has an unplanned hospitalization.
A medication error that results in harm or puts the person’s health and safety at risk.
A safeguarding intervention or the use of safeguarding equipment included in a Positive Behavior Support Plan results in injury.
The use of a physical restraint that is not included in a Positive Behavior Support Plan.
What must be included in the report?
Name of the person
Date, time, duration, type, and location of the incident
What happened before, or leading up to, the incident
Detailed description of the incident, including what you did
Description of injury, if injury occurred
Name of the PSW and any other witnesses to the incident
Actions by the PSW or others to keep the incident from happening again
Announcing a free Mandatory* Abuse Reporting Training at Independence Northwest.
If you are paid with support services brokerage funds, you are a mandatory abuse reporter. Would you like to learn more about your abuse reporting responsibilities under the law? Clackamas County Protective Services Investigator Bryan Pollard will be here on October 25th at 4:30 pm. Providers, family members, customers and community members are all encouraged to join us at the INW office to learn more about this important feature of social services in Oregon.
Please RSVP to J at 503.546.2950. If you have additional questions, please contact Rob Peace at 503.546.2950.
10.22.2012 *Please note: The word “Mandatory” in Mandatory Abuse Reporting means that it is mandatory that a person report abuse; it does not mean that it is mandatory that providers attend this training.
Are you currently paid to provide supports to an adult receiving brokerage services? If so, you are a Mandatory Abuse Reporterand have certain legal responsibilities. If you have reasonable cause to believe an adult with developmental disabilities has been abused, or that any person with whom you come in contact in your job has abused an adult, you must immediately report the abuse.
Abuse includes but is not limited to: abandonment, financial exploitation, involuntary seclusion, neglect, physical abuse, restraint (not approved in a behavior support plan or by doctor’s order,) sexual abuse or verbal abuse.
If you believe any of these things or another concerning/suspicious event has taken place, you must:
Report the situation to the Community Developmental Disabilities Program in Washington, Clackamas or Multnomah counties. This is required by law.
In addition, you must immediately file a report with local law enforcement if you believe a crime has been committed. This is required by law.
Write an incident report and submit it to the individual’s Personal Agent at Independence Northwest. This is required per your signed service agreement with the INW customer(s) you serve.
Please note: Mandatory Abuse Reportersare not limited to reporting only potential abuse and crimes against people with developmental disabilities. Reporters must also call in any issues involving, children, seniors (people 65 and older,) people with mental health issues and people with physical disabilities. You do not need direct evidence and it is not your responsibility or role to investigate the claim, but you have a legal obligation to pick up the phone and make a report as soon as possible.
Additionally, you have a responsibility to report in writing/via phone to Independence Northwest when you have seen, heard or been told about the death of a brokerage customer; when there has been police, ambulance or fire department response; with regard to criminal referrals, medical hospitalizations, emergency room visits, psychiatric hospitalizations or any other incidents that are unusual for the individual/are of concern. You must do so within 24 hours of hearing of/witnessing the event.
When in doubt, report!
Washington County: Business Hours: 503.846.3150
After Hours: 503.291.9111
Clackamas County: All Hours: Report directly to Bryan Pollard: 503.557.2874
Multnomah County: Business Hours: 503.988.3658 (Ask for Adult DD Protective Services Screener)24 Hour Crisis Line: 503.988.4888
Department of Human Services: If you are unsure who to report adult abuse to, please call the state at1-800-232-3020