OAR 847-007-0010: Criminal Conviction Determination Process

(1) As used in this rule: (a) “Applicant” means a person who has applied for a license from the Oregon Medical Board (Board). (b) “Petitioner” means a person who has requested the Board review their criminal history to determine whether it will prevent them from being granted a license by the Board. (2) A person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board. (3) The petitioner must submit the Board’s determination request form, relevant criminal history documentation, and the required $75 fee. (4) The Executive Director has the authority to review a petitioner’s request under this rule and to determine whether the petitioner’s criminal conviction(s) prevent the person from obtaining a license issued by the Board. (5) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a license if the person submits a completed application for a license. (6) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant: (a) Has allegations or charges pending in criminal court; (b) Failed to disclose a previous criminal conviction; (c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for an occupational or professional license; or (d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime. (7) Failure to disclose a previous criminal conviction includes any misrepresentation of a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction. (8) Nothing in this rule prohibits the Board from denying licensure for a reason other than conviction of a crime. (9) A determination made under this rule: (a) Is subject to the same confidentiality requirements that are applicable to completed applications for a license; and (b) Is not considered a final determination of the Board.