OAR 333-333-4100: Criminal Records Checks

(1) The Oregon Health Authority (Authority) may require any individual person identified as a licensee, a worker permit holder or applicant on a worker permit or license application to undergo a criminal records check and fitness determination. (2) Any person identified as an applicant on an initial worker permit or license application is required to undergo a criminal records check and fitness determination. (3) Any person identified as an applicant on a renewal license application may be required to undergo a criminal records check and fitness determination at regular intervals determined by the Authority. (4) Any person identified as an applicant on a renewal worker permit application is required to undergo a criminal records check and fitness determination. (5) An applicant for a worker permit is not required to undergo a criminal records check and fitness determination if that person has completed a criminal records check and fitness determination in connection with a license application within 12 months of their worker permit application. (6) An individual person identified as a license applicant is not required to undergo a criminal records check and fitness determination if that person has completed a criminal records check and fitness determination in connection with another license application within 30 days of their current license application. (7) The Authority will require a licensee or worker permit holder to undergo a criminal records check if the Authority learns that the individual has been convicted of a crime after their license or permit has been issued. (8) When the Authority requires an individual to undergo a criminal records check, criminal records checks must be submitted to the Authority for a fitness determination in accordance with OAR 407-007-0200 to 407-007-0250, 407-007-0281, 407-007-0300 and 943-007-0001 to 943-007-0501. Individuals are not subject to a check for potentially disqualifying abuse, as described by OAR 407-007-0250(5). (9) When the Authority requires an individual to undergo a criminal records check, the individual must provide: (a) A criminal records check request form, prescribed by the Authority that includes but is not limited to: (A) First, middle and last name; (B) Any aliases; (C) Date of birth; and (D) Address and recent residency information. (b) Fingerprints in accordance with the instructions on the Authority’s webpage. (10) The Authority may request an applicant to disclose their Social Security Number if notice is provided that: (a) Indicates the disclosure of the Social Security Number is voluntary. (b) The Authority requests the Social Security Number for the purpose of positively identifying the applicant during the criminal records check process. (11) Pursuant to ORS 475A.250, the Authority may not consider the prior conviction of a subject individual for: (a) The manufacture of psilocybin or the manufacture of a marijuana item, as defined in ORS 475C.009, if: (A) The date of the conviction is two or more years before the date of the application; and (B) The person has not been convicted more than once for the manufacture of psilocybin or a marijuana item; or (b) The possession of a controlled substance, as defined in ORS 475.005, or a marijuana item, as defined in ORS 475C.009, if: (A) The date of the conviction is two or more years before the date of the application; or (B) The person has not been convicted more than once for the possession of a controlled substance or a marijuana item. (12) The fitness determination described in section (8) of this rule will determine whether the applicant is ineligible to be licensed. (13) For licensees and permittees refusal to participate in a criminal records check required by this rule is a violation. (14) The Authority shall deny an application for a license or worker permit if the applicant does not have an approved criminal records check under ORS 181A.195 (15) If an applicant is denied due to the fitness determination, the applicant has hearings rights to challenge the fitness determination under OAR 943-007-0501.