Predetermination Request

Oregon Administrative Rule (OAR) 851-001-0111 outlines the process for a person to petition the Oregon State Board of Nursing for a determination as to whether a criminal conviction would prevent the person from receiving a CNA, LPN, RN, or APRN license. To request predetermination for other licenses, please contact the appropriate state licensing board.

To request a predetermination:

1. Collect relevant documentation related to the criminal conviction(s) you would like the OSBN to review.
2. Complete the OSBN Predetermination Application in the Application Portal under “Other Applications."
   
3. Submit application, relevant criminal history documentation, and required $75 fee to OSBN.
4. OSBN will contact and review material provided by the petitioner.
5. OSBN will provide a decision in writing as to whether the petitioner's criminal conviction(s) prevents the person from obtaining a license issued by the OSBN. 

A determination made under this rule:

• Is subject to the same confidentiality requirements that are applicable to completed applications for a license; and
• Is not considered a final determination of the OSBN.
  

After OSBN provides a predetermination decision:

• The OSBN will reconsider a determination that a criminal conviction prevents the person from obtaining a license if the person submits a completed application for a license.
• Upon reconsideration, the OSBN may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant:
• Has allegations or charges pending in criminal court;
• Failed to disclose a previous criminal conviction; 
• Has been convicted of another crime during the period between the determination and the person's submission of a completed application for an occupational or professional license; or
• Has been convicted of a crime that, during the period between the determination and the person's submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime.
• Failure to disclose a previous criminal conviction includes any misrepresentation of a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction.
• Nothing in OAR 851-001-0111 prohibits the OSBN from denying licensure for a reason other than conviction of a crime.