Oregon Department of Human Services

Rule Rule 407-007-0210
Definitions


OAR 125-007-0210 (Definitions) and 407-007-0010 (Definitions) include definitions for words and terms used in OAR chapter 407 division 007. The following definitions apply specifically to OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances):

(1)

“Authorized Agency” as defined in ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks) or described in these rules.

(2)

“Credible evidence” means available facts, when viewed objectively with the surrounding circumstances, would cause a reasonable person to believe that an event has occurred.

(3)

“Ineligible due to ORS 443.004 (Criminal records check required for employees and volunteers providing direct care)” means BCU has determined that an SI, subject to ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) and either OAR 407-007-0275 (Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs) or 407-007-0277 (Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs), has one or more convictions that prohibit the SI from holding the position listed in the background check request.

(4)

“Mandatory exclusion” means BCU has determined that an SI, subject to federal law or regulation, has one or more convictions or conditions that prohibit the SI from holding the position listed in the background check request.

(5)

“Potentially disqualifying abuse” means abuse that is considered potentially disqualifying in a background check pursuant to OAR 407-007-0290 (Potentially Disqualifying Conditions)(11). If formal review or appeal rights are offered to the alleged perpetrator (SI), BCU may consider the abuse as potentially disqualifying after these rights are completed or timed out.

(6)

“Proctor foster parent” means an individual who is an applicant for certification or recertification of a proctor foster home by a child-caring agency pursuant to OAR 413-215-0301 (Foster Care Agencies, What Law Applies) to 413-215-0396 (Foster Care Agencies: Information About Children in Care Placed in Physical Custody of the Foster Care Agency).

(7)

“Qualified entity (QE)” means a community mental health or developmental disability program, local health department, or an individual, business, or organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care, including a business or organization that licenses, certifies, or registers others to provide care (see ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints)).

(8)

“QE designee (QED)” means an approved SI appointed by the QE’s appointing authority to handle background checks on behalf of the QE.

(9)

“QE Initiator (QEI)” means an approved SI to whom BCU has granted access to BCU’ online background check system for one QE for the purpose of entering background check request data.

(10)

“Subject individual (SI)” means an individual on whom BCU may conduct a criminal records check or an abuse check or both, and from whom BCU may require fingerprints for the purpose of conducting a national criminal records check.

(a)

An SI includes any of the following:

(A)

An individual who is licensed, certified, registered, or otherwise regulated or authorized for payment by the Department or Authority and who provides care.

(B)

An employee, contractor, temporary worker, or volunteer who provides care or has direct contact with clients, client information, or client funds within or on behalf of any entity or agency licensed, certified, registered, or otherwise regulated by the Department or Authority.

(C)

Any individual who is paid directly or indirectly with public funds who has or will have direct contact with recipients of:

(i)

Services within an adult foster home (defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825)); or

(ii)

Services within a residential facility (defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455)).

(D)

Any individual who works in a facility and provides care or has direct contact with clients, client information, or client funds secured by any residential care or assisted living facility through the services of a personnel services or staffing agency.

(E)

Any individual who works in a facility and provides care, or has direct contact with clients, client information, or client funds secured by any nursing facility through the services of a personnel services or staffing agency.

(F)

Except as excluded in section (10)(b)(C) and (D) of this rule, an individual who lives in a facility that is licensed, certified, registered, or otherwise regulated by the Department to provide care. The position of this SI includes but is not limited to resident manager, household member, boarder, or tenant.

(G)

Any referral agent, and any employee of a referral agent of a long term care referral entity pursuant to OAR 411-058-0000 (Definitions) to 411-058-0100 (Civil Penalties) who comes into direct contact with clients.
(H) For child foster homes licensed by the Department’s Developmental Disabilities (DD) programs, or child foster or adoptive homes governed by OAR chapter 413 division 215:

(i)

A foster parent or proctor foster parent;

(ii)

An adoptive parent applicant or an approved adoptive parent;

(iii)

A household member in an adoptive or foster home 18 years of age and over;

(iv)

A household member in an adoptive or foster home under 18 years of age if there is reason to believe that the household member may pose a risk to children placed in the home; and

(v)

A respite care provider or alternate caregiver.
(I) An individual with contact with clients, client information, or client funds, who is an employee, contractor, or volunteer for a child-caring agency governed by OAR chapter 413 division 215; an In-Home Safety and Reunification Services (ISRS) program; a Strengthening, Preserving and Reunifying Families (SPRF) provider; or a system of care contractor providing child welfare services pursuant to ORS chapter 418.

(J)

A homecare worker as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625), a personal support worker as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625), a personal care services provider, or an independent provider employed by a Department or Authority client who provides care to the client if the Department or Authority helps pay for the services.

(K)

Pursuant to OAR 461-165-0180 (Eligibility of Child Care Providers), a child care provider reimbursed through the Department’s child care program, associated individuals, and other individuals in child care facilities that are exempt from certification or registration by the Office of Child Care of the Oregon Department of Education. Child care provider SIs include:

(i)

The child care provider;

(ii)

Employees of the child care provider;

(iii)

Any individual the child care provider uses to supervise a child in the absence of the child care provider;

(iv)

Each individual 16 years of age or older who lives in the provider’s home if child care is provided in the home;

(v)

Each individual who visits the provider’s home during the hours care is provided and may have unsupervised access to a child in care.

(L)

An appointing authority, QED, or QEI associated with any entity or agency licensed, certified, registered, otherwise regulated by the Department, or subject to these rules.

(M)

An individual providing on the job certified nursing assistant classes to staff within a long term care facility.

(N)

A student enrolled in a Board of Nursing approved nursing assistant training program in which the instruction and training occurs solely in a nursing facility.

(O)

Except for those excluded under section (10)(b)(B), a student or intern who provides care or has direct contact with clients, client information, or client funds within or on behalf of a QE.

(P)

Any individual serving as an owner, operator, or manager of a room and board facility pursuant to OAR chapter 411, division 68.

(Q)

An employee providing care to clients of the Department’s Aging and People with Disabilities (APD) programs who works for an in-home care agency as defined by ORS 443.305 (Definitions for ORS 443.305 to 443.350) which has enrolled to deliver Medicaid funded services as described in OAR 411-033-0000 (Purpose and Scope) to 411-033 to 0030 for DHS clients.

(R)

Any individual who is required to complete a background check pursuant to Department or Authority program rules or a contract with the Department or Authority, if the requirement is within the Department or Authority’s statutory authority. Specific statutory authority or reference to these rules and the positions under the contract subject to a background check must be specified in the contract. The exceptions in section (10)(b) do not apply to these SIs.

(b)

An SI does not include:

(A)

Any individual under 16 years of age.

(B)

A student or intern in a clinical placement at a clinical training setting subject to administrative rules implemented under ORS 413.435 (Administrative requirements for students in clinical training) and OAR 409-030-0100 (Purpose) to 409-030-0250 (Information Sharing or Use of Data).

(C)

Department, Authority, or QE clients. The only circumstance in which BCU shall allow a check to be performed on a client pursuant to this paragraph is if the client falls within the definition of “subject individual” as listed in sections (10)(a)(A)-(E) and (10)(a)(G)-(R) of this rule, or if the facility is dually licensed for different populations of vulnerable individuals.

(D)

Individuals working in child care facilities certified or registered by the Office of Child Care of the Oregon Department of Education.

(E)

Volunteers providing any care or services for a QE’s special event lasting no more than 2 weeks whose access to clients is no more than three days within the two-week period. These volunteers must always be actively supervised in accordance with OAR 407-007-0315 (Hired on a Preliminary Basis) and have no unsupervised contact with clients.

(F)

Individuals employed by a private business that provides services to clients and the general public and is not regulated by the Department or Authority.

(G)

Individuals employed by a business that provides appliance or structural repair for clients and the general public and who are temporarily providing these services in a licensed or certified QE. The QE shall ensure active supervision of these individuals while on QE property and the QE may not allow unsupervised contact with QE clients or residents. This exclusion does not apply to a business that receives funds from the Department or Authority for care provided by an employee of the business.

(H)

Individuals employed by a private business in which a client of the Department or Authority is working as part of a Department- or Authority-sponsored employment service program. This exclusion does not apply to an employee of a business that receives funds from the Department or Authority for care provided by the employee.

(I)

Employees, contractors, students, interns, and volunteers working in hospitals, ambulatory surgical centers, outpatient renal dialysis facilities, and freestanding birthing centers, as defined in ORS 442.015 (Definitions), and special inpatient care facilities as defined by the Authority in administrative rule.

(J)

Employees, contractors, students, interns, and volunteers working in home health agencies, in-home care agencies, or hospice programs as defined by the Authority in administrative rule.

(K)

Volunteers, who are not under the direction and control of a licensed, certified, registered, or otherwise regulated QE.

(L)

Individuals employed or volunteering in a Medicare-certified health care business which is not subject to licensure or certification by the State of Oregon.

(M)

Individuals working in restaurants or at public swimming pools.

(N)

Hemodialysis technicians.

(O)

Employees, contractors, temporary workers, or volunteers who provide care, or have direct contact with clients, client information, or client funds of an alcohol and drug program that is certified, licensed, or approved by the Authority’s Health Systems Division to provide prevention, evaluation, or treatment services. This exclusion does not apply to programs specifically required by other Authority program rules to conduct criminal records checks in accordance with these rules.

(P)

Individuals working for a transit service provider which conducts background checks pursuant to ORS 267.237 (Criminal records check).

(Q)

Emergency medical technicians and first responders certified by the Authority’s Emergency Medical Services and Trauma Systems program.

(R)

Employees, contractors, temporary workers, or volunteers of continuing care retirement communities registered under OAR chapter 411, division 67.

(S)

Individuals hired by or on behalf of a resident in a QE to provide care privately to the resident.

(T)

An employee, contractor, temporary worker, or volunteer who provides care or has direct contact with specific clients, client information, or client funds within or on behalf of any entity or agency licensed, certified, registered, or otherwise regulated by the Department or Authority, where the clients served permanently reside in another state.
Source

Last accessed
Jun. 8, 2021