ORS 443.004
Criminal records check required for employees and volunteers providing direct care

  • exceptions
  • rules

(1)

Intentionally left blank —Ed.

(a)

The Department of Human Services or the Oregon Health Authority shall complete a criminal records check under ORS 181A.195 (Criminal records check) 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)

Intentionally left blank —Ed.

(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 (“Aggravated murder” defined), 163.107 (Murder in the first degree), 163.115 (Murder in the second degree), 163.118 (Manslaughter in the first degree), 163.125 (Manslaughter in the second degree), 163.145 (Criminally negligent homicide), 163.149 (Aggravated vehicular homicide), 163.165 (Assault in the third degree), 163.175 (Assault in the second degree), 163.185 (Assault in the first degree), 163.187 (Strangulation), 163.200 (Criminal mistreatment in the second degree), 163.205 (Criminal mistreatment in the first degree), 163.225 (Kidnapping in the second degree), 163.235 (Kidnapping in the first degree), 163.263 (Subjecting another person to involuntary servitude in the second degree), 163.264 (Subjecting another person to involuntary servitude in the first degree), 163.266 (Trafficking in persons), 163.275 (Coercion), 163.465 (Public indecency), 163.467 (Private indecency), 163.535 (Abandonment of a child), 163.537 (Buying or selling a person under 18 years of age), 163.547 (Child neglect in the first degree), 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree), 163.700 (Invasion of personal privacy in the second degree), 163.701 (Invasion of personal privacy in the first degree), 164.055 (Theft in the first degree), 164.057 (Aggravated theft in the first degree), 164.098 (Organized retail theft), 164.125 (Theft of services) (5)(c) or (d), 164.215 (Burglary in the second degree), 164.225 (Burglary in the first degree), 164.325 (Arson in the first degree), 164.377 (Computer crime) (2) or (3), 164.405 (Robbery in the second degree), 164.415 (Robbery in the first degree), 165.013 (Forgery in the first degree), 165.022 (Criminal possession of a forged instrument in the first degree), 165.032 (Criminal possession of a forgery device), 165.800 (Identity theft), 165.803 (Aggravated identity theft), 167.012 (Promoting prostitution), 167.017 (Compelling prostitution), 167.057 (Luring a minor), 167.320 (Animal abuse in the first degree) or 167.322 (Aggravated animal abuse in the first degree);

(b)

Notwithstanding paragraph (a) of this subsection, of a crime described in ORS 163.465 (Public indecency), 163.467 (Private indecency), 163.700 (Invasion of personal privacy in the second degree), 163.701 (Invasion of personal privacy in the first degree), 164.055 (Theft in the first degree), 164.125 (Theft of services) or 164.377 (Computer crime), 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 (Definitions for ORS 163A.005 to 163A.235);

(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 (“Aggravated murder” defined), 163.107 (Murder in the first degree), 163.115 (Murder in the second degree), 163.375 (Rape in the first degree), 163.405 (Sodomy in the first degree), 163.411 (Unlawful sexual penetration in the first degree) or 163.427 (Sexual abuse in the first degree).

(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 (Criminal records check) (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 (Criminal records check).

(8)

As used in this section:

(a)

“Adult foster home” has the meaning given that term in ORS 443.705 (Definitions for ORS 443.705 to 443.825).

(b)

“Home care worker” has the meaning given that term in ORS 410.600 (Definitions for ORS 410.595 to 410.625).

(c)

“Home health agency” has the meaning given that term in ORS 443.014 (Definitions for ORS 443.014 to 443.105).

(d)

“In-home care agency” has the meaning given that term in ORS 443.305 (Definitions for ORS 443.305 to 443.350).

(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 (License applications) 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 (Definitions for ORS chapters 411, 413 and 414).

(g)

“Personal support worker” has the meaning given that term in ORS 410.600 (Definitions for ORS 410.595 to 410.625).

(h)

“Residential facility” has the meaning given that term in ORS 443.400 (Definitions for ORS 443.400 to 443.455). [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]
Note: Section 42, chapter 837, Oregon Laws 2009, provides:
Sec. 42. (1) ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) applies to employees who are hired on or after July 28, 2009.

(2)

ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) 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]
Note: See note under 443.001 (Quality Care Fund).

Source: Section 443.004 — Criminal records check required for employees and volunteers providing direct care; exceptions; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html.

443.001
Quality Care Fund
443.002
Providers with multiple facilities
443.004
Criminal records check required for employees and volunteers providing direct care
443.006
Criminal background check registry
443.007
Disqualification of individuals found to have committed abuse
443.008
Fitness determinations
443.011
Training requirements for in-home care service providers
443.012
Disease outbreak and infection control training and protocols
443.014
Definitions for ORS 443.014 to 443.105
443.015
License required
443.019
Requirement for in-person site inspection
443.025
Hospitals exempt from certain requirements if standards are met
443.035
License fees
443.045
Denial, suspension and revocation of licenses
443.055
Governing body of home health agencies
443.065
General requirements for home health agencies
443.075
Services and supplies prescribed by physician, naturopathic physician, physician assistant or nurse practitioner
443.085
Home health services
443.090
Exemption from in-home care agency licensing requirements
443.095
Applicability of laws to domestic service
443.100
License required for caregiver registry
443.105
Caregiver registries
443.205
Definitions for ORS 443.215 and 443.225
443.215
Policy
443.225
Location and capacity of domiciliary care facilities
443.305
Definitions for ORS 443.305 to 443.350
443.315
License required
443.325
Grounds for denial, suspension or revocation of license
443.327
Injunctive relief
443.340
Rules
443.345
Disposition of moneys
443.350
Applicability
443.355
Complaint procedures
443.370
Definitions for ORS 443.370 to 443.376
443.373
Registration to provide long term care referrals
443.376
Duties of referral agents
443.378
Housing with services projects
443.380
Definitions for ORS 443.380 to 443.394
443.382
Residential Facilities Ombudsman
443.384
Agencies to provide information and support
443.386
Designees of ombudsman
443.388
Authority of ombudsman and designees
443.390
Complaints
443.392
Notice of complaint procedures
443.394
Procedures to maintain confidentiality
443.396
Gifts, grants and donations
443.400
Definitions for ORS 443.400 to 443.455
443.405
Exclusions from definition of “residential facility.”
443.410
Single license required
443.415
License applications
443.416
Inspection of facilities
443.417
Annual kitchen inspection
443.419
License revocations, suspensions or conditions
443.420
Qualifications for license
443.421
Revocation and suspension of licenses
443.422
Siting of licensed residential facilities
443.424
Expansion of capacity of residential care facilities and adult foster homes
443.425
License term
443.430
Transferability of license
443.431
Conversion facilities
443.432
Acuity-based staffing tool
443.433
Direct care staff training in dementia care
443.434
Staffing data
443.436
Enhanced oversight and supervision program
443.439
Increases in compensation of direct support professionals
443.441
Assessment of sufficient numbers of direct care staff
443.443
Information provided upon application for admission
443.444
Information provided upon admission
443.445
Persons admissible at facilities and homes
443.446
Residential Care Quality Measurement Program
443.447
Quality Measurement Council
443.448
Choice of prescription and nonprescription drugs and supplies
443.449
Prescription drug packaging
443.450
Rules
443.452
Waiver procedure
443.453
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
443.455
Civil penalties
443.460
Exemptions
443.465
Secure residential treatment homes and facilities
443.480
Definitions for ORS 443.480 to 443.500
443.485
Registration required
443.490
Waiver of registration
443.495
Exemptions
443.500
Investigation of registered facilities
443.705
Definitions for ORS 443.705 to 443.825
443.715
Exclusions from definition of “adult foster home.”
443.720
Findings of Legislative Assembly
443.725
License required
443.730
Information regarding substitute caregivers required
443.733
Collective bargaining
443.734
Adult foster home license classifications
443.735
Issuance of license
443.738
Educational standards for providers, managers and caregivers
443.739
Rights of residents
443.740
Information on licensed adult foster homes
443.742
Annual continuing education requirements
443.743
Training in dementia care
443.745
Denial, suspension or revocation
443.755
Entry and inspection of homes
443.760
Application of single family dwelling code requirements to home
443.762
Information provided upon admission
443.765
Complaint procedure
443.766
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
443.767
Investigation of complaint
443.769
Public disclosure of investigatory information
443.775
Rules
443.777
Prescription drug packaging
443.780
Exemption where county has licensing and inspection program
443.785
Admission of Medicaid recipients
443.790
Authority to impose civil penalty
443.795
Civil penalty
443.815
Judicial review of penalties
443.825
Disposition of penalties recovered
443.830
Definitions for ORS 443.830 and 443.835
443.835
Certificate required
443.850
Definitions for ORS 443.850 to 443.869
443.860
License required
443.861
Moneys to be deposited to Public Health Account
443.864
Suspension, revocation or denial of license
443.867
In-home care agency license not required for licensed hospice program to provide palliative care
443.869
Civil penalties
443.875
Notice of substantiated abuse
443.878
Psychotropic medications
443.880
Responsibilities of residential facility regarding property of resident
443.881
Transfer of property
443.886
Memory care endorsement required
443.887
Definitions
443.889
Use of acuity-based staffing tool
443.895
Exemption from ad valorem property taxation for certain facilities
443.991
Penalties
Green check means up to date. Up to date