Or. Admin. Code § 407-007-0220 - Background Check Required
(1) An
SI must have a background check in the following circumstances:
(a) An individual who becomes an SI on or
after the effective date of these rules.
(b) The SI changes employers to a different
QE.
(c) The individual, whether
previously considered an SI or not, changes positions under the same QE, and
the new position requires a background check.
(d) The individual, whether previously
considered an SI or not, changes Department or Authority-issued licenses,
certifications, or registrations, and the license, certification, or
registration requires a background check under these rules.
(e) For a student enrolled in a nursing
facility nursing assistant training program for employment at the facility, a
new background check is required when the student is first enrolled in the
training program to be in contact with nursing facility patients, and again if
the student becomes an employee at the facility unless the first background
check results in good standing in the background check registry and portability
pursuant to OAR 407-007-0600 to
407-007-0640.
(f) A background check is required by federal
or state laws or regulations, other Department or Authority administrative
rules, or by contract with the Department or Authority.
(g) When BCU or the QE has reason to believe
that a background check is justified, if allowed by statute or rule. Examples
include but are not limited to:
(A) Credible
evidence of new potentially disqualifying convictions or conditions. Pursuant
to OAR 407-007-0620(6),
BCU must either immediately remove an SI's portability, revoke an SI's good
standing, or both if BCU receives credible evidence indicating that the SI has
new potentially disqualifying convictions or conditions.
(B) A lapse in working or volunteering in a
position under the direction and control of the QE but the SI is still
considered in the position. For example, an extended period of leave by an SI.
The QE determines the need for a background check.
(C) Quality assurance monitoring by the
Department or Authority of a previously conducted criminal records check or
abuse check.
(2) If the SI is subject to a background
check due to involvement with the foster or adoptive placement of a child and:
(a) Is subject to the Interstate Compact on
Placement of Children (ORS
417.200 and OAR
413-040-0200 to
413-040-0330), the background
check must comply with Interstate Compact requirements.
(b) Is subject to the Inter-County Adoption
Act of 2000 (42 USC
14901 et seq.), the background check must
comply with federal requirements and ORS
417.262.
(3) If QEs, Department program rules, or
Authority program rules require an SI to report any new arrests, charges, or
convictions, the QE may determine if personnel action is required if the SI
does not report. Personnel action may include a new background check if allowed
by statute or rule.
(4) A homecare
worker or personal support worker, as defined in ORS
410.600, is subject to section
(1) of this rules. However, a homecare worker or personal support worker does
not need a new background check when adding new client employers by meeting the
following requirements: the homecare worker or personal support worker must
have:
(a) A Department background check notice
of final fitness determination dated within the recheck period according to
Department program rules showing that the homecare worker or personal support
worker has been:
(A) Approved;
(B) Approved with restrictions that do not
prohibit additional clients; or
(b) The background check notice of
final fitness determination lists a worksite of "various," "various clients,"
"statewide," or similar wording.
(5) A personal care services provider, life
span respite or other respite care provider, or an independent provider paid
with Department or Authority funds is subject to section (1) of this rule.
However, an SI in these positions may change or add clients within the same QE,
Department, or Authority district without a new background check if the prior,
documented criminal records check or abuse check conducted within the previous
24 months through the Department or Authority has been:
(a) Approved;
(b) Approved with restrictions that do not
prohibit additional clients; or
(6) Regardless of section (1) of
this rules, an individual subject to ORS 475A and OAR 333-333-4100 follows the
criminal records check requirements in ORS chapter 475A and OAR
333-333-4100.
(7) If an SI remains
with a QE in the same position listed in the background check request and the
QE merges with another QE, is sold to another QE, or changes names, the SI does
not need a new background check. The changes to the QE may be noted in
documentation attached to the notice of fitness determination but do not
warrant a new background check.
(8)
For a student enrolled in a nursing facility nursing assistant training program
for employment at the facility, a new background check is not required at
graduation from the training program or at the granting of certification by the
Board of Nursing.
(9) The SI on the
background check registry in good standing maintained under OAR
407-007-0600 to
407-007-0640 is subject to
section (1) of this rule when the SI's new background check being considered is
not for a position that would result in placement on the background check
registry maintained under OAR
407-007-0600 to
407-007-0640 if
approved.
(10) The restrictions on
criminal records checks in this section may exempt an SI from background checks
required under section (1) of this rule as determined by the Department
pursuant to ORS 443.004(1)(b).
(a) This section applies to an SI subject to
ORS 443.004 who is:
(A) An employee of a residential facility or
an adult foster home;
(B) Any
individual who is paid directly or indirectly with public funds who has or will
have contact with a recipient of support services or a resident of an adult
foster home or a residential facility; and
(C) A home care worker or a personal support
worker as defined in ORS
410.600.
(b) The Department must complete not more
than one criminal records check every 18 months on an SI subject to this
section, effective as of the completion of the SI's first background check
after the implementation of ORS
443.004(1)(b)
(Or Law 2021 chapter 198), on June 8, 2021.
(c) A criminal records check, as part of a
new background check, may be completed more often only if the Department:
(A) Receives credible evidence of a new
criminal conviction;
(B) Receives
credible evidence of potentially disqualifying abuse;
(C) Is required by federal law to conduct
more frequent criminal record checks;
(D) Is notified by a QE and an SI has changed
position or duties for which there are different criminal records check
requirements; or
(E) Determines
that it would be burdensome for an SI to wait for a new criminal records check,
including but not limited to:
(i) The
Department receives credible evidence of a change in circumstances that could
positively impact a previous fitness determination;
(ii) The SI is seeking certification,
licensure, or some other qualification associated with his or her job that
requires a background check;
(d) If the Department determines that a new
fitness determination is necessary and a new criminal records check is not
allowed, the Department may complete a new abuse check and use information from
the most recent criminal records check completed on the SI in the Department's
records. An example of when a new fitness determination is necessary, and a new
criminal records check is not allowed, is when BCU learns of a new potentially
disqualifying condition.
(e) If an
SI changes positions while staying with the same QE and the new position is not
subject to the registry under OAR
407-007-0600 to
407-007-0640, the QED must
document that no new background check may be completed for the new position
pursuant to ORS 443.004 and OAR
407-007-0220(10)(b).
(f) If the SI is applying for a position that
requires a background check under these rules but is not subject to ORS
443.004, the restrictions in
this section do not apply and do not count as criminal records checks towards
this section.
(11)
Background checks are completed on SIs who otherwise meet the qualifications of
the position listed on the background check request, the position description
completed by the QE, and the program rules governing the QE and position. A
background check may not be used to screen applicants for a position or who do
not meet such qualifications.
Notes
Statutory/Other Authority: ORS 181A.200, ORS 409.027 & 409.050
Statutes/Other Implemented: ORS 181A.200, ORS 409.027, ORS 181A.195 & 443.004
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