OAR 407-007-0277
Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs

(1)

This rule applies to subject individuals who are mental health or substance abuse treatment providers defined under ORS 443.004 (Criminal records check required for employees and volunteers providing direct care)(8).

(2)

If BCU determines that an individual is subject to this rule and has a conviction listed in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care)(5), BCU shall make the determination of “Ineligible due to ORS 443.004 (Criminal records check required for employees and volunteers providing direct care).” Under OAR 125-007-0260 (Final Fitness Determination), this determination is considered an incomplete fitness determination. A fitness determination with a weighing test is not required regardless of any other potentially disqualifying convictions and conditions the SI has. BCU shall provide notice of ineligibility due to ORS 443.004 (Criminal records check required for employees and volunteers providing direct care) to the individual.

(3)

An individual subject to this rule who is an employee and hired prior to July 28, 2009 is exempt from section (2) of this rule provided that the employee remains working for the same employer after July 28, 2009. The SI may transfer or promote to other positions with this same employer and remain exempt from section (2) of this rule. This exemption is not applicable to licensees. In this context:

(a)

For a personal support worker as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625), employed by an Authority client, the employer of record is the Authority unless restricted to one QE or client by a restricted approval under OAR 407-007-0320 (Final Fitness Determinations).

(b)

For adult foster homes, the SI may change jobs between homes throughout Oregon unless restricted to one QE or home by a restricted approval under OAR 407-007-0320 (Final Fitness Determinations).

(c)

If the SI works at a QE facility or agency that has a parent company or corporation, the SI may work at any QE facility or agency under the parent company or corporation.

(d)

For all other Sis, the employer is a QE.

(4)

If an individual subject to this rule is grandfathered under section (3) of this rule or is not found Ineligible due to ORS 443.004 (Criminal records check required for employees and volunteers providing direct care), the individual is subject to a fitness determination under OAR 125-007-0260 (Final Fitness Determination) and 407-007-0320 (Final Fitness Determinations) for any other potentially disqualifying convictions or conditions in OAR 407-007-0281 (Potentially Disqualifying Convictions) and 407-007-0290 (Potentially Disqualifying Conditions). The original one or more convictions that led to grandfathering could be used as potentially disqualifying and in a weighing test only if there was a repetition of behavior shown in criminal history subsequent to the grandfathering convictions.

(5)

A determination of “Ineligible due to ORS 443.004 (Criminal records check required for employees and volunteers providing direct care)” is not subject to appeal rights under OAR 125-007-0300 (Appealing a Fitness Determination) or 943-007-0501 (Contesting a Final Fitness Determination).

Source: Rule 407-007-0277 — Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0277.

407–007–0000
Purpose and Scope 407–007–0010
Definitions 407–007–0020
Criminal History Check Required 407–007–0030
Criminal Records Check Process 407–007–0041
Potentially Disqualifying Convictions 407–007–0050
Potentially Disqualifying Conditions 407–007–0060
Weighing Test 407–007–0065
Hired on a Preliminary Basis 407–007–0070
Final Fitness Determinations 407–007–0080
Contesting a Final Fitness Determination 407–007–0090
Record Keeping, Confidentiality 407–007–0100
Variances 407–007–0200
Purpose and Scope 407–007–0210
Definitions 407–007–0220
Background Check Required 407–007–0230
Qualified Entity 407–007–0240
QE Designees and QE Initiators 407–007–0250
Background Check Process 407–007–0275
Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs 407–007–0277
Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs 407–007–0279
Federal Mandatory Exclusions 407–007–0281
Potentially Disqualifying Convictions 407–007–0290
Potentially Disqualifying Conditions 407–007–0300
Weighing Test 407–007–0315
Hired on a Preliminary Basis 407–007–0318
Approval for “Family First” Subject Individuals 407–007–0320
Final Fitness Determinations 407–007–0330
Contesting a Fitness Determination 407–007–0340
Record Keeping, Confidentiality 407–007–0350
Immunity from Liability 407–007–0370
Variances 407–007–0400
Purpose 407–007–0410
Definitions 407–007–0420
Reporting Abuse Allegations Required 407–007–0430
Applicants to the Department 407–007–0440
Current Employees of the Department 407–007–0445
Employees Who Apply or Are Hired at SACU after 1/1/2018 407–007–0450
Current Volunteers of the Department 407–007–0455
Current Contract SIs of the Department 407–007–0460
Confidentiality 407–007–0600
Purpose 407–007–0610
Definitions 407–007–0620
Background Check Registry 407–007–0630
Reporting Requirements for Qualified Entities 407–007–0640
Access and Release of Information
Last Updated

Jun. 8, 2021

Rule 407-007-0277’s source at or​.us