OAR 407-007-0277: Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs

(1) This rule applies to subject individuals who are mental health or substance abuse treatment providers defined under ORS 443.004(8). (2) If BCU determines that an individual is subject to this rule and has a conviction listed in ORS 443.004(5), BCU shall make the determination of “Ineligible due to ORS 443.004.” Under OAR 125-007-0260, this determination is considered an incomplete fitness determination. A fitness determination with a weighing test is not required regardless of any other potentially disqualifying convictions and conditions the SI has. BCU shall provide notice of ineligibility due to ORS 443.004 to the individual. (3) An individual subject to this rule who is an employee and hired prior to July 28, 2009 is exempt from section (2) of this rule provided that the employee remains working for the same employer after July 28, 2009. The SI may transfer or promote to other positions with this same employer and remain exempt from section (2) of this rule. This exemption is not applicable to licensees. In this context: (a) For a personal support worker as defined in ORS 410.600, employed by an Authority client, the employer of record is the Authority unless restricted to one QE or client by a restricted approval under OAR 407-007-0320. (b) For adult foster homes, the SI may change jobs between homes throughout Oregon unless restricted to one QE or home by a restricted approval under OAR 407-007-0320. (c) If the SI works at a QE facility or agency that has a parent company or corporation, the SI may work at any QE facility or agency under the parent company or corporation. (d) For all other Sis, the employer is a QE. (4) If an individual subject to this rule is grandfathered under section (3) of this rule or is not found Ineligible due to ORS 443.004, the individual is subject to a fitness determination under OAR 125-007-0260 and 407-007-0320 for any other potentially disqualifying convictions or conditions in OAR 407-007-0281 and 407-007-0290. The original one or more convictions that led to grandfathering could be used as potentially disqualifying and in a weighing test only if there was a repetition of behavior shown in criminal history subsequent to the grandfathering convictions. (5) A determination of “Ineligible due to ORS 443.004” is not subject to appeal rights under OAR 125-007-0300 or 943-007-0501.