2015 ORS 443.004¹
Criminal records check required for employees and volunteers providing direct care
  • exceptions
  • rules

(1) 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 registering with the Home Care Commission or renewing a registration with the Home Care Commission.

(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 ("Aggravated murder" defined), 163.115 (Murder), 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), 163.115 (Murder), 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.

(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" means a person who:

(A) Is providing peer support services as defined by the authority by rule;

(B) Is under the supervision of a qualified clinical supervisor;

(C) Has completed training required by the authority; and

(D) Is currently receiving or has formerly received mental health services, or is in recovery from a substance use disorder and meets the abstinence requirements for staff providing services in alcohol or other drug treatment programs.

(g) "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]

Note: See note under 443.001 (Quality Care Fund).


1 Legislative Counsel Committee, CHAPTER 443—Residential Care; Adult Foster Homes; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors443.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.