OAR 409-030-0220: State and Nationwide Criminal Background Checks

(1) Students must undergo a state and nationwide criminal background check in advance of the start of their initial clinical placements, but no more than 90 days before entry into the health profession training program requiring clinical training experience. A criminal background check is considered current while the student is enrolled and progressing in the health profession training program. Subsequent criminal background checks may not be required except for cause, or at re-entry into a program from which the student has taken leave or fallen out of progression. (2) These rules do not aim to establish or define the composition of an “acceptable” result to a state and nationwide criminal background check. These rules ensure completion of the administrative requirements necessary for administrative clearance for students. Clinical placement settings shall make all final clearance and placement. (3) Clinical placement settings may have the discretion to determine if state and national background checks are adequate or if more stringent requirements are required for students that resided in a foreign country for more than three months in the three years prior to their admission to the rotation program. (4) State and nationwide criminal background checks must be: (a) Performed by a vendor that is accredited by the National Association of Professional Background Screeners (NAPBS); or (b) Performed by a vendor that meets the following criteria: (A) Has been in the business of criminal background checks for at least two years; (B) Has a current business license and private investigator license, if required in the company’s home state; and (C) Maintains an errors and omissions insurance policy in an amount not less than $1 million; or (c) Conducted through an Oregon health professional licensing board, if required for students by such Board. (For example, students of pharmacy are required by the Oregon Board of Pharmacy to obtain an intern license prior to engaging in clinical training and must undergo a national fingerprint-based background check.) (5) A criminal records check must include the following: (a) Name and address history trace; (b) Verification that the students’ records have been correctly identified, using date of birth and a Social Security number trace; (c) A local criminal records check, including city and county records for the student’s places of residence for the last seven years; (d) A nationwide multijurisdictional criminal database search, including state and federal records; (e) A nationwide sex offender registry search; (f) A query with the Office of the Inspector General’s List of Excluded Individuals/Entities (LEIE); (g) The name and contact information of the vendor who completed the records check; (h) Arrest, warrant and conviction data, including but not limited to: (A) Charges; (B) Jurisdictions; and (C) Date; (i) Sources for data included in the report.