OAR 411-049-0120: Temporary rule language in effect until 01/27/2027. Background Check

(1) All subject individuals (SI) must have an approved background check, which for non-licensees or non-licensee applicants, may include an approved preliminary fitness determination, prior to operating, working in, training in, or living in an AFH. (a) Licensees must maintain documentation of preliminary and final fitness determinations with the home's facility records in accordance with these rules and the background check rules. (b) Verification may include printed or electronic documentation, which must be readily accessible upon request. (2) The background check may not to be used as a screening tool for hiring. New employees may be offered a position contingent upon passing the background check. (3) A new background check must be completed: (a) Every three years; or (b) If the Department has reason to believe a new background check is needed. (4) If the SI is approved and in good standing on the Background Check Unit's registry pursuant to OAR 407-007-0600 to 407-007-0640, three-year renewals and changes in position may be handled through the registry. (5) An SI may be hired on a preliminary basis following completion of a preliminary fitness determination according to the background check rules. An SI who is hired on a preliminary basis shall be actively supervised at all times they are on duty by a qualified caregiver who has been approved without restrictions. Active supervision means a qualified caregiver must: (a) Be within line-of-sight and within hearing of the SI both in and on the AFH premises. (b) Know where the SI is and what the SI is doing. (6) PORTABILITY OF BACKGROUND CHECK APPROVAL. A subject individual may be approved to work in multiple homes in Oregon. (7) On or after July 28, 2009, no licensee, licensee applicant, or employee of the licensee who has been convicted of any of the disqualifying crimes listed in OAR 407-007-0275 shall be approved by the Department to provide care and services in an AFH. This rule does not apply to: (a) An employee of the licensee who was hired prior to July 28, 2009, who continues employment in the same position with the same licensee; or (b) Any subject individual who is an occupant of the home, but is neither a licensee nor a caregiver. (8) All subject individuals must self-report to the licensee any: (a) Potentially disqualifying condition listed in OAR 125-007-0270. (b) Disqualifying condition as described in OAR 407-007-0275. (c) Potentially disqualifying condition as described in OAR 407-007-0279 and OAR 407-007-0290. (d) The licensee must notify the Department or LLA within 24 hours if any subject individual has a disqualifying or potentially disqualifying condition. (9) The Department must provide for the expedited completion of a background check for the state of Oregon when requested by a licensee or administrator because of a demonstrated immediate staffing need. When a background check requires fingerprints or a weigh test, an expedited check may not be conducted until all required information is submitted, according to the background check rules. (10) If a licensee's background check is denied by the Department, the licensee may continue to operate and work in the home pending potential appeal and a final order, except as stated in (11) of this rule. (11) The Department may take immediate action if there is reason to believe any resident's health, safety, or welfare is at risk. Such action may include, but is not limited to, conditions on the license or suspension of the license. If the final order upholds the Department's decision to deny the background check, the Department shall pursue the denial, revocation, non-renewal, or suspension of the AFH license.