ORS 443.004: Criminal records check required for employees and volunteers providing direct care; exceptions; rules.

(1)(a) The Department of Human Services or the Oregon Health Authority shall complete a criminal records check under ORS 181A.195 on: (A) An employee of a residential facility or an adult foster home; (B) Any individual who is paid directly or indirectly with public funds who has or will have contact with a recipient of support services or a resident of an adult foster home or a residential facility; and (C) A home care worker or personal support worker registering with the Home Care Commission or renewing a registration with the Home Care Commission. (b) The department or the authority shall complete the criminal records check under paragraph (a) of this subsection not more than once during an 18-month period unless the department or the authority: (A) Receives credible evidence of a new criminal conviction; (B) Receives credible evidence to substantiate a complaint of abuse or neglect; (C) Is required by federal law to conduct more frequent criminal records checks; (D) Is notified that a subject individual has changed positions or duties for which there are different criminal records check requirements; or (E) Determines, under criteria set forth in rules adopted by the department or the authority, that it would be burdensome for a subject individual to wait for a new criminal records check. (2)(a) A home health agency shall conduct a criminal background check before hiring or contracting with an individual and before allowing an individual to volunteer to provide services on behalf of the home health agency, if the individual will have direct contact with a patient of the home health agency. (b) An in-home care agency shall conduct a criminal background check before hiring or contracting with an individual and before allowing an individual to volunteer to provide services on behalf of the in-home care agency, if the individual will have direct contact with a client of the in-home care agency. (c) The authority shall prescribe by rule the process for conducting a criminal background check. (3) Public funds may not be used to support, in whole or in part, the employment in any capacity having contact with a recipient of support services or a resident of a residential facility or an adult foster home, of an individual, other than a mental health or substance abuse treatment provider, who has been convicted: (a) Of a crime described in ORS 163.095, 163.107, 163.115, 163.118, 163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187, 163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266, 163.275, 163.465, 163.467, 163.535, 163.537, 163.547, 163.689, 163.700, 163.701, 164.055, 164.057, 164.098, 164.125 (5)(c) or (d), 164.215, 164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415, 165.013, 165.022, 165.032, 165.800, 165.803, 167.012, 167.017, 167.057, 167.320 or 167.322; (b) Notwithstanding paragraph (a) of this subsection, of a crime described in ORS 163.465, 163.467, 163.700, 163.701, 164.055, 164.125 or 164.377, the date of conviction for which was within the five years immediately preceding employment in any capacity of an individual, other than a mental health or substance abuse treatment provider, having contact with a recipient of support services, a resident of a residential facility or a resident of an adult foster home, when the recipient or resident is 65 years of age or older; (c) Of a crime listed in ORS 163A.005; (d) In the last 10 years, of a crime involving the delivery or manufacture of a controlled substance; (e) Of an attempt, conspiracy or solicitation to commit a crime described in paragraphs (a) to (d) of this subsection; or (f) Of a crime in another jurisdiction that is substantially equivalent, as defined by rule, to a crime described in paragraphs (a) to (e) of this subsection. (4) If the criminal background check conducted by a home health agency or in-home care agency under subsection (2) of this section reveals that the individual who is subject to the criminal background check has been convicted of any of the crimes described in subsection (3) of this section, the home health agency or in-home care agency may not employ the individual. (5) Public funds may not be used to support, in whole or in part, the employment, in any capacity having contact with a recipient of support services or a resident of a residential facility or an adult foster home, of a mental health or substance abuse treatment provider who has been convicted of committing, or convicted of an attempt, conspiracy or solicitation to commit, a crime described in ORS 163.095, 163.107, 163.115, 163.375, 163.405, 163.411 or 163.427. (6) Upon the request of a mental health or substance abuse treatment provider, the department or authority shall maintain a record of the results of any fitness determination made under ORS 181A.195 (10). The department or authority may disclose the record only to a person the provider specifically authorizes, by a written release, to receive the information. (7) If the department or authority has a record of substantiated abuse committed by an employee or potential employee of a home health agency, in-home care agency, adult foster home or residential facility, regardless of whether criminal charges were filed, the department or authority shall notify, in writing, the employer and the employee or potential employee and may conduct a fitness determination in accordance with this section and ORS 181A.195. (8) As used in this section: (a) “Adult foster home” has the meaning given that term in ORS 443.705. (b) “Home care worker” has the meaning given that term in ORS 410.600. (c) “Home health agency” has the meaning given that term in ORS 443.014. (d) “In-home care agency” has the meaning given that term in ORS 443.305. (e) “Mental health or substance abuse treatment provider” means: (A) A peer support specialist; (B) An employee of a residential treatment facility or a residential treatment home that is licensed under ORS 443.415 to provide treatment for individuals with alcohol or drug dependence; (C) An individual who provides treatment or services for persons with substance use disorders; or (D) An individual who provides mental health treatment or services. (f) “Peer support specialist” has the meaning given that term in ORS 414.025. (g) “Personal support worker” has the meaning given that term in ORS 410.600. (h) “Residential facility” has the meaning given that term in ORS 443.400. [2009 c.837 §6; 2009 c.828 §81; 2010 c.93 §§12,13; 2011 c.608 §1; 2011 c.681 §§8,9; 2012 c.70 §17; 2015 c.645 §8; 2015 c.758 §16; 2017 c.618 §6; 2018 c.75 §24; 2019 c.423 §§2,3; 2019 c.517 §§2,3; 2019 c.635 §§27,28; 2021 c.198 §2] Sec. 42. (1) ORS 443.004 applies to employees who are hired on or after July 28, 2009. (2) ORS 443.004 does not apply to an employee hired prior to July 28, 2009, who has remained with the same employer, even if the employee has been promoted or transferred to a different position with the employer since that date. [2009 c.837 §42; 2019 c.423 §4]