Criminal Background Checks
(1)Except as provided in section (7) of this rule, a hospice program must obtain a criminal background check for the following prior to employment, entering into a contract, or permitting a volunteer to have direct patient contact and every three years thereafter:
(a)Hospice program employees;
(b)Individuals who contract with the hospice program and who have direct patient contact or access to patient records; and
(c)Volunteers who have direct patient contact or access to patient records.
(2)A hospice program must have written policies and procedures for conducting criminal background checks in accordance with section (1) of this rule including a description of criminal convictions that disqualifies an individual from being employed, contracted with or working as a volunteer.
(3)If the criminal background check or other information obtained by a hospice program indicates an employee, contractor or volunteer has been convicted of a crime against a person or property that reasonably raises questions about the ability of that individual to safely provide services or care, the hospice program shall notify the individual in writing that they have been found unfit to be employed, contracted with or to be a volunteer.
(4)If an individual has been found unfit in accordance with section (3) of this rule, the hospice program shall provide that individual with information on how to appeal to the source of the criminal background check if the individual believes the records are in error.
(5)A hospice program shall keep the information obtained from criminal background checks confidential and use it solely to determine an individual’s eligibility to be employed, contracted with or to be a volunteer.
(6)A hospice program shall require the individuals described in subsection (1)(a) through (c) of this rule to report within 10 days:
(a)Any criminal conviction;
(b)Any arrest, indictment, or charge for a sexual offense or property crime; and
(c)Any disciplinary action taken by a health professional regulatory board or agency.
(7)An individual licensed by a health professional regulatory board as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180) is not subject to the criminal background checks described in section (1) of this rule.
(8)A hospice program shall have policies and procedures that ensure the entities it contracts with have conducted criminal background checks for individuals that will have direct contact with the hospice program’s patients or access to hospice program patient records.
Rule 333-035-0060 — Criminal Background Checks,