2017 ORS 443.006¹
Criminal background check registry
  • rules

This section is amended
Effective January 1, 2019
Relating to training for care providers; creating new provisions; and amending ORS 124.050, 183.459, 192.365, 410.596, 410.600, 410.603, 410.604, 410.606, 410.607, 410.608, 410.612, 410.614, 410.619, 410.625, 410.631, 410.632, 419B.005, 430.735, 441.630, 443.004, 443.006, 653.601, 653.646, 656.039, 656.268 and 657.730 and section 4, chapter 796, Oregon Laws 2015.

(1) As used in this section:

(a) “Care” has the meaning given that term in ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints).

(b) “Facility” means:

(A) A long term care facility as defined in ORS 442.015 (Definitions);

(B) A residential care facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), including but not limited to an assisted living facility; and

(C) An adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825).

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

(2) The Department of Human Services shall augment the department’s existing criminal background check system with a regularly updated registry of all persons who work or are seeking to work to provide care.

(3) The department shall adopt rules designating the persons who may be listed on the registry. The registry must list persons who work or are seeking to work to provide care:

(a) In a facility; or

(b) As a home care worker.

(4) The department shall adopt rules establishing:

(a) The information that must be reported by facilities;

(b) The form and frequency of reporting by facilities;

(c) Procedures and standards for the administration of the registry; and

(d) Guidelines and procedures for requests for and release of information from the registry. [2014 c.104 §6; 2017 c.239 §1]

Note: 443.006 (Criminal background check registry) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Atty. Gen. Opinions

Applica­tion of rules to hospitals which provide home health services, (1978) Vol 38, p 1738

1 Legislative Counsel Committee, CHAPTER 443—Residential Care; Adult Foster Homes; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors443.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 443, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano443.­html (2017) (last ac­cessed Mar. 30, 2018).
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.