Statute Text
Criminal records check required for employees and volunteers providing direct
care; exceptions; rules.
(1)(a) The Department of Human Services or the Oregon Health Authority shall
complete a criminal records check under ORS 181A.195 on:
(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 personal support worker registering with the Home Care Commission or
renewing a registration with the Home Care Commission.
(b) The
department or the authority shall complete the criminal records check under
paragraph (a) of this subsection not more than once during an 18-month period
unless the department or the authority:
(A) Receives
credible evidence of a new criminal conviction;
(B) Receives
credible evidence to substantiate a complaint of abuse or neglect;
(C) Is required
by federal law to conduct more frequent criminal records checks;
(D) Is notified
that a subject individual has changed positions or duties for which there are
different criminal records check requirements; or
(E) Determines,
under criteria set forth in rules adopted by the department or the authority,
that it would be burdensome for a subject individual to wait for a new criminal
records check.
(2)(a) A home
health agency shall conduct a criminal background check before hiring or
contracting with an individual and before allowing an individual to volunteer
to provide services on behalf of the home health agency, if the individual will
have direct contact with a patient of the home health agency.
(b) An in-home
care agency shall conduct a criminal background check before hiring or
contracting with an individual and before allowing an individual to volunteer
to provide services on behalf of the in-home care agency, if the individual
will have direct contact with a client of the in-home care agency.
(c) The authority
shall prescribe by rule the process for conducting a criminal background check.
(3) Public funds
may not be used to support, in whole or in part, the employment in any capacity
having contact with a recipient of support services or a resident of a
residential facility or an adult foster home, of an individual, other than a
mental health or substance abuse treatment provider, who has been convicted:
(a) Of a crime
described in ORS 163.095, 163.107, 163.115, 163.118, 163.125, 163.145, 163.149,
163.165, 163.175, 163.185, 163.187, 163.200, 163.205, 163.225, 163.235,
163.263, 163.264, 163.266, 163.275, 163.465, 163.467, 163.535, 163.537,
163.547, 163.689, 163.700, 163.701, 164.055, 164.057, 164.098, 164.125 (5)(c)
or (d), 164.215, 164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415,
165.013, 165.022, 165.032, 165.800, 165.803, 167.012, 167.017, 167.057, 167.320
or 167.322;
(b)
Notwithstanding paragraph (a) of this subsection, of a crime described in ORS
163.465, 163.467, 163.700, 163.701, 164.055, 164.125 or 164.377, the date of
conviction for which was within the five years immediately preceding employment
in any capacity of an individual, other than a mental health or substance abuse
treatment provider, having contact with a recipient of support services, a
resident of a residential facility or a resident of an adult foster home, when
the recipient or resident is 65 years of age or older;
(c) Of a crime
listed in ORS 163A.005;
(d) In the last
10 years, of a crime involving the delivery or manufacture of a controlled
substance;
(e) Of an
attempt, conspiracy or solicitation to commit a crime described in paragraphs
(a) to (d) of this subsection; or
(f) Of a crime in
another jurisdiction that is substantially equivalent, as defined by rule, to a
crime described in paragraphs (a) to (e) of this subsection.
(4) If the
criminal background check conducted by a home health agency or in-home care
agency under subsection (2) of this section reveals that the individual who is
subject to the criminal background check has been convicted of any of the
crimes described in subsection (3) of this section, the home health agency or
in-home care agency may not employ the individual.
(5) Public funds
may not be used to support, in whole or in part, the employment, in any
capacity having contact with a recipient of support services or a resident of a
residential facility or an adult foster home, of a mental health or substance
abuse treatment provider who has been convicted of committing, or convicted of
an attempt, conspiracy or solicitation to commit, a crime described in ORS
163.095, 163.107, 163.115, 163.375, 163.405, 163.411 or 163.427.
(6) Upon the
request of a mental health or substance abuse treatment provider, the
department or authority shall maintain a record of the results of any fitness
determination made under ORS 181A.195 (10). The depar