CHC

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​Oregon Administrative Rules​

Please note​: Links to rules on this page go to the Secretary of State website or to official Secretary of State documents. Formatted copies of Background Check Unit rules are available to ORCHARDS users in the ORCHARDS Help Section. Current rules in ORCHARDS are permanent rules, effective 12/17/2021.

​Questions?
If you have questions about any of the rules, contact us by email at bcu.info@dhsoha.state.or.us or by phone at 503-378-5470 (toll free at 888-272-5545).​

DAS Criminal Reco​rds Checks Rules​​

Criminal Records Check Rules OAR 125-007-0200 through 125-007-0330  
Effective 1/4/2016 (permanent rules)

  • ​​Pursuant to ORS 181A.215, the Oregon Department of Administrative Services implemented statewide administrative rules on January 4, 2016. These rules streamline the criminal records check process for all of Oregon, providing guidelines for decreasing risk to vulnerable populations by individuals who have access or provide care. BCU rules have been updated to adhere to the DAS rules while maintaining the specific needs for ODHS|OHA employees, contractors, and volunteers, and for ODHS|OHA providers and qualified entities.

ODHS and OHA Emp​loyee Rules

Criminal Records Checks for the Department of Human Services​ OAR 407-007-0000 through 0100
Effective 12/17/2021 (permanent ​rules)​

  • These rules cover criminal records checks on ODHS employees, volunteers under the direction and control of ODHS, and certain contractors. Please note, since 9/27/2019, there are timeframes for how long convictions are considered potentially disqualifying. Please download the rules above for details; this fly​er​ provides a list of potentially disqualifying convictions and conditions.
  • If a subject individual has one or more potentially disqualifying convictions or conditions​ ODHS|OHA must conduct a weighing test. See this weighing ​test flyer​​ to understand what ODHS|OHA considers. This flyer can help you plan materials to provide ODHS|OHA in a background check request. Any details and additional documents you provide for the weighing test help ODHS|OHA make an informed fitness determination. BCU has made all rules which has been temporary since 6/25/2021 now permanent. In addition, BCU is currently review other rules for any needed grammar or language corrections.

Abuse Checks for Department Employees and Volunteers OAR 407-007-0400 through 0460
Effective 2/10/2020 (permanent rules)

  • ​​These rules cover abuse checks on ODHS and OHA employees and volunteers. Contractors for Oregon State Hospital, Stabilization and Crisis Unit, and any ODHS or OHA contracted secure Residential Treatment Facility are also subject to these rules. All other contractors are not subject to these rules. BCU is currently reviewing these rules for any needed grammar or language corrections.​

Background Checks for the Oregon Health Authority OAR 943-007-0001 to 943-007-0501
Effective 2/10/2020 (permanent rules)

  • ​These rules cover criminal records checks on OHA employees, volunteers under the direction and control of OHA, and certain contractors, incorporating the ODHS rules by proxy. See in particular OAR 943-007-0000(1), 943-007-0000(3), and 943-007-0501. BCU is currently reviewing these rules for any needed grammar or language corrections.

ODHS and OHA Provider Rules

Criminal Records Checks and Abuse Checks​ OAR 407-007-0200 to 407-007-0370
Effective 12/17/2021 (permanent rules)

  • These rules cover criminal records checks and abuse checks for individuals and facilities licensed, certified or regulated by ODHS for positions such as home care workers, long-term care facility volunteers and staff, adult foster home providers and caregivers, and staff and volunteers of private licensed child caring agencies
  • Please note, since 9/27/2019, there are ​timeframes for how long convictions are considered potentially disqualifying; this fl​y​er​​ provides a list of potentially disqualifying convictions and conditions.​
  • If a subject individual has one or more PDQs, ODHS|OHA must conduct a weighing test. See this weig​hing te​st flyer to understand what ODHS|OHA considers. This flyer can help you plan materials to provide ODHS|OHA in a background check request. Any details and additional documents you provide for the weighing test help ODHS|OHA make an informed fitness determination.
  • ​​​BCU has made all rules which has been temporary since 6/25/2021 now permanent. In addition, BCU is currently review other rules for any needed grammar or language corrections.

Background Check Registry and Portability OAR 407-007-0600 to 407-007-0640
Effective 12/17/2021 (permanent rules)

  • T​hese rules implement ORS 443-006, augmenting BCU’s Oregon Criminal History and Abuse Records Data System (ORCHARDS) to include a searchable online registry of individuals with completed background checks who work or seek to work as homecare workers, or eligible to work in certain facilities. If BCU approves a subject individual’s background check and the subject individual has Portability, the individual may be hired by a facility or work as a homecare worker without a new background check. An individual maintains placement on the registry by having rechecks for a defined period of time, for example, every two years.

Criminal History Check for Oregon Health Authority Providers OAR 943-007-0001 to 943-007-0501
Effective 2/10/2020 (permanent rules)

  • ​These​ rules cover criminal records checks on OHA providers incorporating the ODHS rules by proxy, with specific rules for OHA hearing rights. See in particular OAR 943-007-0001(2) and 943-007-0501. Effective 7/2/2018, BCU has updated language regarding the incorporation of ODHS background check rules; changes also include updates to the appeal process for adverse outcomes. BCU is currently reviewing these rules for any needed grammar or language corrections.

Oregon ​Revised Statutes​

The citations for the Oregon statutes which govern criminal records checks are in Chapter 181A and ​Chapter 443​. SB 280 (linked above) has not yet updated these chapters.

Former Statute New Statute Explanation
181.516 181A.170Electronic fingerprint capture required.
181.533 181A190Clearinghouse criminal records checks.
181.534 181A.195Authorizing statute allowing certain agencies to run fingerprint based criminal records checks. (See update in SB 280 link at top of this page)
181.537 181A.200Authorizing statute for Oregon Department of Human Services and Oregon Health Authority to conduct criminal records checks on subject individuals.
181.547 181A.215Authorizing statute for Department of Administrative Services to implement rules on criminal records check processes in Oregon.
181A235​Clearinghouse criminal records checks—waiver of fees on certain checks.
443.004​Public funds for employment not allowed for subject individuals with certain convictions. (See update in SB 280 link at top of this page)​
443.006​Background check registry for certain ODHS|OHA subject individuals .
443.007​Employment not allowed for certain subject individuals with certain abuse substantiations.
​443.008​Certain criteria to be weighed for potentially disqualifying abuse; what can be challenged in contested case hearing.

Process, policy and procedures

Who needs to be chec​ked

The administrative rules define a person who must be checked as a "subject individual." Subject individual includes people who work, volunteer and, in some cases, live in a location where services are provided to children, seniors, and people with disabilities or mental illness. The term also includes employees and volunteers of ODHS and OHA and many persons or employees of organizations contracting with these agencies.

What we check​ and how

Criminal records checks are conducted through the State of Oregon Law Enforcement Data System (LEDS) and, if necessary, through the Federal Bureau of Investigation (FBI). In addition, information may be obtained through the Driver and Motor Vehicle Services Division (DMV), court records, and other states' data systems. Fingerprints may be required as part of the check. Certain abuse records will also be reviewed.

See further information on ORS 443.004 impacting the criminal records check process

Policy and Procedur​es for ODHS and OHA employees, volunteers, contractors and institution applicants

​The background checks policy directs that criminal records checks and abuse checks be done in accordance with the administrative rules. The associated procedures provide more detail on the process for ODHS|OHA employees, volunteers, contractors and institution applicants.

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