2017 ORS 443.007¹
Disqualification of individuals found to have committed abuse
  • rules

(1) As used in this section:

(a) “Abuse” has the meaning given that term in ORS 430.735 (Definitions for ORS 430.735 to 430.765).

(b) “Facility” means:

(A) A residential training facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455); or

(B) A residential training home as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455).

(c) “Subject individual” has the meaning given that term in ORS 181A.195 (Criminal records check).

(2) The Department of Human Services shall adopt rules to specify the types of abuse that disqualify a subject individual from working at a facility and the subject individuals associated with a facility to whom the disqualification may apply.

(3) Notwithstanding any other provision of law, if the department substantiates allegations of abuse specified under subsection (2) of this section, the subject individual found to have committed the abuse may not be hired or retained as an employee at a facility in a position that is funded in whole or in part by public funds.

(4) A subject individual found to have committed a type of abuse specified by the department under subsection (2) of this section is not entitled to a fitness determination under ORS 181A.195 (Criminal records check). [2017 c.378 §1]

Note: 443.007 (Disqualification of individuals found to have committed abuse) 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.