ORS 181A.200
Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints

  • qualified entities
  • rules

(1)

As used in this section:

(a)

“Care” means the provision of care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities.

(b)

“Native American tribe” has the meaning given that term in ORS 181A.210 (Criminal identification information to be furnished to Native American tribe) (4).

(c)

“Qualified entity” means a community mental health program, a community developmental disabilities program, a local health department, the government of a Native American tribe or an agency of a Native American tribe responsible for child welfare or an individual or business or organization, whether public, private, for-profit, nonprofit or voluntary, that provides care, including a business or organization that licenses, certifies or registers others to provide care.

(2)

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check), the Department of Human Services, the Oregon Health Authority and the Employment Department may require the fingerprints of a person:

(a)

Who is employed by or is applying for employment with either department or the authority;

(b)

Who provides or seeks to provide services to either department or the authority as a contractor, subcontractor, vendor or volunteer who:

(A)

May have contact with recipients of care;

(B)

Has access to personal information about employees of either department or the authority, recipients of care from either department or the authority or members of the public, including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information;

(C)

Has access to information the disclosure of which is prohibited by state or federal laws, rules or regulations, or information that is defined as confidential under state or federal laws, rules or regulations;

(D)

Has access to property held in trust or to private property in the temporary custody of the state;

(E)

Has payroll or fiscal functions or responsibility for:
(i)
Receiving, receipting or depositing money or negotiable instruments;
(ii)
Billing, collections, setting up financial accounts or other financial transactions; or
(iii)
Purchasing or selling property;

(F)

Provides security, design or construction services for government buildings, grounds or facilities;

(G)

Has access to critical infrastructure or secure facilities information; or

(H)

Is providing information technology services and has control over or access to information technology systems;

(c)

For the purposes of licensing, certifying, registering or otherwise regulating or administering programs, persons or qualified entities that provide care;

(d)

For the purposes of employment decisions by or for qualified entities that are regulated or otherwise subject to oversight by the Department of Human Services or the Oregon Health Authority and that provide care;

(e)

For the purposes of employment decisions made by a mass transit district or transportation district for qualified entities that, under contracts with the district or the Oregon Health Authority, employ persons to operate motor vehicles for the transportation of medical assistance program clients; or

(f)

For the purposes of licensure, certification or registration of foster homes by the government of a Native American tribe or an agency of a Native American tribe responsible for child welfare.

(3)

The Department of Human Services and the Oregon Health Authority may conduct criminal records checks on a person through the Law Enforcement Data System maintained by the Department of State Police, if deemed necessary by the Department of Human Services or the Oregon Health Authority to protect children, elderly persons, persons with disabilities or other vulnerable persons.

(4)

The Department of Human Services and the Oregon Health Authority may furnish to qualified entities, in accordance with the rules of the Department of Human Services or the Oregon Health Authority and the rules of the Department of State Police, information received from the Law Enforcement Data System. However, any criminal offender records and information furnished to the Department of Human Services or the Oregon Health Authority by the Federal Bureau of Investigation through the Department of State Police may not be disseminated to qualified entities.

(5)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in ORS 443.735 (Issuance of license) and 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919), a qualified entity, subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks), shall determine under this section whether a person is fit to hold a position, provide services, be employed or, if the qualified entity has authority to make such a determination, be licensed, certified or registered. If a person is determined to be unfit, then that person may not hold the position, provide services or be employed, licensed, certified or registered.

(b)

A person prohibited from receiving public funds for employment under ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) (3) is not entitled to a determination of fitness under this subsection.

(c)

In making the fitness determination under this subsection, the qualified entity shall consider:

(A)

The nature of the crime;

(B)

The facts that support the conviction or pending indictment or indicate the making of a false statement;

(C)

The relevancy, if any, of the crime or the false statement to the specific requirements of the person’s present or proposed position, services, employment, license, certification or registration; and

(D)

Intervening circumstances relevant to the responsibilities and circumstances of the position, services, employment, license, certification or registration, such as:
(i)
The passage of time since the commission of the crime;
(ii)
The age of the person at the time of the crime;
(iii)
The likelihood of a repetition of offenses;
(iv)
The subsequent commission of another relevant crime; and
(v)
The recommendation of an employer.

(6)

The Department of Human Services and the Oregon Health Authority, subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks), shall develop systems that maintain information regarding criminal records checks in order to minimize the administrative burden imposed by this section and ORS 181A.195 (Criminal records check). Records maintained under this subsection are confidential and may not be disseminated except for the purposes of this section and in accordance with the rules of the Department of Human Services, the Oregon Health Authority and the Department of State Police. Nothing in this subsection permits the Department of Human Services to retain fingerprint cards obtained pursuant to this section.

(7)

In addition to the rules required by ORS 181A.195 (Criminal records check), the Department of Human Services and the Oregon Health Authority, in consultation with the Department of State Police, shall adopt rules:

(a)

Specifying which qualified entities are subject to this section;

(b)

Specifying which qualified entities may request criminal offender information;

(c)

Specifying which qualified entities are responsible for deciding, subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks), whether a subject individual is not fit for a position, service, license, certification, registration or employment; and

(d)

Specifying when a qualified entity, in lieu of conducting a completely new criminal records check, may proceed to make a fitness determination under subsection (5) of this section using the information maintained by the Department of Human Services and the Oregon Health Authority pursuant to subsection (6) of this section.

(8)

If a person refuses to consent to the criminal records check or refuses to be fingerprinted, the qualified entity shall deny or terminate the employment of the person, or revoke or deny any applicable position, authority to provide services, employment, license, certification or registration.

(9)

If the qualified entity requires a criminal records check of employees or other persons, the application forms of the qualified entity must contain a notice that employment is subject to fingerprinting and a criminal records check. [Formerly 181.537]

Source: Section 181A.200 — Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints; qualified entities; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors181A.­html.

181A.010
Definitions for ORS 181A.010 to 181A.350
181A.015
Department of State Police established
181A.020
State Police Account
181A.025
Petty cash account
181A.030
Superintendent of State Police
181A.035
Appointment of Deputy Superintendent of State Police
181A.040
Powers and duties of deputy superintendent
181A.045
Oath of superintendent and deputy superintendent
181A.050
Oregon State Police
181A.055
Qualifications for appointment and reappointment of state police
181A.060
Appointment of employees of department as special state police officers
181A.065
Oath of members of state police
181A.070
Salaries of state police
181A.075
Instruction
181A.080
Powers and duties of department and its members
181A.085
Targeted enforcement program
181A.090
Duty to enforce laws and regulations of agencies
181A.095
Headquarters and patrol stations
181A.100
Organization of work of department
181A.105
Distribution of police throughout state
181A.110
Standard uniform for state police
181A.115
Supplies and equipment of state police
181A.120
Commanding assistance of citizens
181A.125
Interference with personal and property rights of others
181A.130
Records and reports of activities and time spent in performance of duties
181A.135
National Crime Prevention and Privacy Compact
181A.140
Department responsible for criminal identification information
181A.145
Criminal investigations division
181A.150
Forensic laboratories
181A.155
Authority over blood and buccal samples and analyses
181A.160
Fingerprints, identifying data, disposition report required upon arrest
181A.165
Crimes for which criminal offender information is required
181A.170
Electronic fingerprint capture technology required
181A.175
Transmittal of disposition report
181A.180
Copy of certain disposition reports to Teacher Standards and Practices Commission and Department of Education
181A.185
Report of release or escape from state institution of certain inmates
181A.190
Criminal records check
181A.195
Criminal records check
181A.200
Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints
181A.202
Authority of municipal tax collection agency to require fingerprints
181A.205
Voluntary fingerprint retention program
181A.210
Criminal identification information to be furnished to Native American tribe
181A.215
Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks
181A.220
Confidentiality of some records
181A.225
Reporting of crime statistics
181A.230
Establishment of procedures for access to criminal record information
181A.235
Fee waiver
181A.240
Procedure when information requested by designated agency
181A.245
Procedure when information requested by other than criminal justice agency
181A.250
Specific information not to be collected or maintained
181A.255
Report of suspected criminal homicide
181A.265
Criminal Justice Information Standards program
181A.270
Duties of state criminal justice agencies
181A.275
Criminal Justice Information Standards Advisory Board
181A.280
Law Enforcement Data System established
181A.285
Medical health database
181A.287
Entry of certain convictions related to possession of firearms or ammunition into Law Enforcement Data System and databases of National Crime Information Center
181A.290
Certain information required from agencies
181A.300
Establishment and maintenance of missing persons clearinghouse
181A.305
Duties of administrator of clearinghouse
181A.310
When notification of missing children clearinghouse required
181A.315
Amber Plan
181A.320
Written policies relating to missing vulnerable adults required
181A.322
Short title
181A.323
Definitions for ORS 181A.323 to 181A.328
181A.324
Sexual assault forensic evidence kit testing
181A.325
Policies and procedures regarding collection, submission for testing, retention and destruction of kits
181A.326
Notification to law enforcement agency when kit collected
181A.328
Committee on tracking of sexual assault forensic evidence
181A.338
Purchase and receipt of property from military equipment surplus program
181A.340
Commissioning of humane special agents
181A.345
Humane special agents to enforce animal welfare laws under direction of law enforcement agency
181A.348
Telecommunicators as first responders
181A.350
Eligibility of towing business to be placed on department list
181A.355
Definitions for ORS 181A.355 to 181A.689
181A.360
Board on Public Safety Standards and Training
181A.365
Organization of board
181A.370
Executive committee
181A.375
Policy committees
181A.380
Leave to perform duties of board or policy committee
181A.385
Appointment of director of department
181A.390
Training academy
181A.395
Certain officers required to be at least 21 years of age
181A.400
Authority of Department of Public Safety Standards and Training to require fingerprints
181A.405
Legislative intent and findings
181A.410
Minimum standards and training for certification
181A.420
Minimum standards and training requirements inapplicable to certain persons
181A.425
Department not required to provide training for certification of reserve officers
181A.430
Effect of minimum requirements under authority other than ORS 181A.410
181A.440
Training in vehicle pursuit, mental illness and airway and circulatory systems
181A.442
Equity training for police officers
181A.444
Training on interacting with persons who have experienced trauma
181A.445
Best practices for interacting with persons who have experienced trauma
181A.450
Child abuse and domestic violence training
181A.460
Training in missing persons cases
181A.470
Training relating to Vienna Convention and crimes motivated by prejudice or that constitute abuse
181A.480
Training in human trafficking
181A.483
Prohibition on training to use physical force that impedes breathing or circulation
181A.485
Psychological screening of law enforcement officers
181A.487
Mental health wellness policies for law enforcement agencies
181A.490
Certification of police officers and certified reserve officers
181A.500
Lapse of certification
181A.510
Certification for certain purposes of individuals employed by tribal government to perform duties of public safety officer
181A.520
Certification of corrections officers
181A.530
Certification of parole and probation officers
181A.540
Certification of judicial marshals
181A.550
Certification of regulatory specialists
181A.560
Certification of telecommunicators and emergency medical dispatchers
181A.570
Certification of full-time department employees
181A.580
Certification of certain Law Enforcement Data System employees
181A.590
Certification of instructors
181A.600
Limitation on accreditation of training programs
181A.610
Reimbursement for training to local law enforcement units
181A.620
Reimbursement of qualifying expenses
181A.630
Procedure for denial, suspension or revocation of application or certification
181A.640
Grounds for denial, suspension or revocation of application or certification of person or accreditation of program
181A.650
Judicial review of department’s final order
181A.655
Civil penalties relating to certification
181A.657
Accreditation of law enforcement agencies
181A.660
Oregon Center for Policing Excellence
181A.661
Police Memorial Trust Fund
181A.663
National Use-of-Force Data Collection
181A.665
Police Standards and Training Account
181A.666
Findings
181A.667
Review, provision and retention of personnel records
181A.668
Request for employment information
181A.670
Disclosure of information about public safety officer
181A.672
Disclosure of information about certain employees of law enforcement agencies
181A.674
Disclosure of information about certain public safety employees
181A.676
Uniform background checklist
181A.681
Report of misconduct or violation of minimum standards
181A.683
Form for reports
181A.684
Database of discipline and suspensions and revocations of certification of police officers
181A.686
Report on discipline to Department of Public Safety Standards and Training
181A.688
Findings regarding racism
181A.689
Standards for speech and expression
181A.700
Definitions for ORS 181A.702 and 181A.704
181A.702
Identifying information on uniform
181A.704
Provision of officer identity to member of public
181A.708
Use of chemical incapacitants, kinetic impact projectiles and sound devices
181A.710
Use of other law enforcement agencies to engage in barred conduct
181A.720
Definitions for ORS 181A.725 to 181A.735
181A.725
Oregon Community Crime Prevention Information Center
181A.730
Coordinator
181A.735
Advisory committee
181A.775
Definitions for ORS 181A.775 to 181A.805
181A.780
Planning authority
181A.785
Components of plan
181A.790
Policy relating to use of deadly physical force
181A.795
Admissibility of conclusions and recommendations
181A.800
Compliance
181A.805
Grants
181A.810
Expenditure limitation on grant moneys
181A.815
Expenses
181A.820
Enforcement of federal immigration laws
181A.822
Definitions for ORS 181A.822 to 181A.829
181A.823
Prohibitions related to immigration enforcement
181A.826
Prohibition on use of public resources for immigration enforcement
181A.827
Sanctuary violation reporting mechanism
181A.828
Prohibition on civil arrest without warrant or order in court facility or in connection with court proceeding
181A.829
Prohibition on agreements related to immigration enforcement
181A.835
Peer support counseling sessions
181A.840
Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995
181A.845
Applicability of ORS 181A.840 to 181A.893
181A.850
Prohibited acts
181A.855
Qualifications for private security professional
181A.860
Application procedure
181A.865
Qualifications for executive manager or supervisory manager
181A.870
Board on Public Safety Standards and Training to establish standards
181A.875
Licenses and certificates
181A.880
Hearing if license or certificate denied, suspended or revoked
181A.885
Effect of being charged with crime
181A.890
Disposition of funds received by department
181A.891
Persons providing private security services on September 9, 1995
181A.893
Restrictions on entities employing private security providers
181A.895
State preemption of local laws relating to private security providers
181A.900
Procedures for licensing of private security entities
181A.902
Investigation of applicant’s character, competence and reliability
181A.904
License examination
181A.906
Firearm training
181A.908
Training through Bureau of Labor and Industries
181A.911
Interagency agreement
181A.913
Required statements to private security professionals
181A.914
Prohibitions relating to discharge of or discrimination against private security provider
181A.916
Hiring unlicensed private security entity
181A.918
Injunction against using services of unlicensed private security entity
181A.940
Definitions for ORS 181A.940 to 181A.946
181A.942
Eligibility to act as authorized tribal police officer
181A.944
Legislative purpose
181A.946
Application for nontribal police officers to exercise tribal police powers on tribal lands
181A.970
Short title
181A.972
Requirements for special campus security providers and private security providers on campuses of institutions of higher education
181A.990
Penalties
181A.995
Penalties relating to regulation of private security
Green check means up to date. Up to date