In addition to the definitions in OAR
125-007-0210,
407-007-0010, and
407-007-0210, the following
definitions apply to OAR
407-007-0600 to
407-007-0640:
(1) "Background check" means a criminal
records check and an abuse check pursuant to OAR
407-007-0210 to
407-007-0370 and any additional
checks as required per federal code or Oregon statute.
(2) "Background Check Registry (Registry)"
means a comprehensive listing of subject individuals who meet the requirements
of these rules.
(3) "Facility"
means:
(a) A long term care facility in
Oregon as defined in ORS
442.015 including skilled
nursing facilities and intermediate care facilities.
(b) A residential care facility as defined in
ORS 443.400 including but not
limited to assisted living facilities and intermediate care
facilities.
(c) An adult foster
home as defined in ORS
443.705.
(d) Any programs licensed, certified,
endorsed, or otherwise regulated by the Department of Human Services that
deliver services to individuals with intellectual or developmental
disabilities.
(4) "Good
Standing," defined in OAR
407-007-0210, means the SI is in
an approved status on the registry and may continue to work without active
supervision (see OAR
407-007-0315(7))
in an approved status in any current position listed for the SI.
(5) "Homecare worker" has the same meaning
given in ORS 410.600, including but not
limited to personal support workers and personal care attendants.
(6) "Permanent hire date" means:
(a) The date that the background check has
been approved or has a restricted approval, for the purposes of tracking the
background check and any future required rechecks.
(b) For SIs with portability, the permanent
hire date also means the date entered into ORCHARDS for starting in a new
position.
(7)
"Portability," defined in OAR
407-007-0210, means the ability
of an SI to use one approved background check for a defined period of time for
immediate hirability for a position offered by a QE within a group as
determined by the Department.
(8)
"Position" means the position listed in the background check request which
determines whether the individual is an SI under OAR
407-007-0210.
(9) "Qualified entity (QE)" means:
(a) A facility;
(b) An Area Agency on Aging (AAA) office or a
Department or Oregon county Aging and People with Disabilities program branch
which enrolls homecare workers;
(c)
An agency, program or county office in Oregon serving individuals with
intellectual or developmental disabilities;
(d) An agency, program or county office in
Oregon serving individuals with mental illness which assists an individual to
complete personal support worker enrollment; or
(e) The Department's Children's Intensive
In-home Services program.
(g) A staffing agency which provides staffing
services to long term care skilled nursing facilities, residential care
facilities, or assisted living facilities; and completed background checks
through BCU in accordance with OAR
407-007-0200 to
407-007-0370.
Notes
Or. Admin. Code §
407-007-0610
DHSD
3-2014, f. & cert. ef.
12/1/2014; DHSD 11-2017(Temp), f. & cert.
ef. 9-15-17 thru 3-13-18;
DHSD
5-2018, amend filed 03/13/2018, effective
3/13/2018; DHSD 13-2018, temporary
amend filed 06/29/2018, effective 07/01/2018 through 12/27/2018;
DHSD
31-2018, amend filed 11/28/2018, effective
12/1/2018;
DHSD
18-2019, temporary amend filed 09/26/2019, effective
9/27/2019 through 03/24/2020;
DHSD
2-2020, amend filed 02/10/2020, effective
2/10/2020;
DHS
7-2021, temporary amend filed 06/25/2021, effective
6/25/2021 through 12/21/2021;
DHS
24-2021, amend filed 12/15/2021, effective
12/17/2021
Statutory/Other Authority: ORS
181A.195,
181A.200,
183.459,
409.025,
409.027, ORS
409.050,
410.020,
411.060,
413.036,
443.006,
443.725 &
443.735
Statutes/Other Implemented: ORS
181A.195,
181A.200,
183.459,
409.025,
409.027,
411.060,
443.006,
409.010 &
443.004
