Or. Admin. Code § 847-007-0010 - [Effective 7/1/2025] Criminal Conviction Determination Process
(1) As used in this
rule:
(a) "Applicant" means a person who has
applied for a license from the Oregon Medical Board (Board).
(b) "Petitioner" means a person who has
requested the Board review their criminal history to determine whether it will
prevent them from being granted a license by the Board.
(2) A person who was convicted of a crime may
petition the Board for a determination as to whether a criminal conviction will
prevent the person from receiving a license issued by the Board.
(3) The petitioner must submit the Board's
determination request form, relevant criminal history documentation, and the
required $75 fee.
(4) The Executive
Director has the authority to review a petitioner's request under this rule and
to determine whether the petitioner's criminal conviction(s) prevent the person
from obtaining a license issued by the Board.
(5) The Board will reconsider a determination
that a criminal conviction prevents the person from obtaining a license if the
person submits a completed application for a license.
(6) Upon reconsideration, the Board may
rescind a previous determination that a criminal conviction does not prevent
the person from obtaining a license if the applicant:
(a) Has allegations or charges pending in
criminal court;
(b) Failed to
disclose a previous criminal conviction;
(c) Has been convicted of another crime
during the period between the determination and the person's submission of a
completed application for an occupational or professional license; or
(d) Has been convicted of a crime that,
during the period between the determination and the person's submission of a
completed application for an occupational or professional license, became
subject to a change in state or federal law that prohibits licensure for an
occupational or professional license because of a conviction of that
crime.
(7) Failure to
disclose a previous criminal conviction includes any misrepresentation of a
prior criminal conviction, any concealment or failure to disclose a material
fact about a prior criminal conviction, or any other misinformation regarding a
prior criminal conviction.
(8)
Nothing in this rule prohibits the Board from denying licensure for a reason
other than conviction of a crime.
(9) A determination made under this rule:
(a) Is subject to the same confidentiality
requirements that are applicable to completed applications for a license;
and
(b) Is not considered a final
determination of the Board.
Notes
Statutory/Other Authority: ORS 677.265, Oregon Laws 2024, chapter 95, section 44 (SB 1552)
Statutes/Other Implemented: Oregon Laws 2024, chapter 95, section 44 (SB 1552), ORS 677.100, ORS 677.188(1), ORS 677.190, ORS 677.512, ORS 677.759, ORS 677.820
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