OAR 407-007-0610
Definitions

In addition to the definitions in OAR 125-007-0210 (Definitions), 407-007-0010 (Definitions), and 407-007-0210 (Definitions), the following definitions apply to OAR 407-007-0600 (Purpose) to 407-007-0640 (Access and Release of Information):
(1) “Background check” means a criminal records check and an abuse check pursuant to OAR 407-007-0210 (Definitions) to 407-007-0370 (Variances) and any additional checks as required per federal code or Oregon statute.
(2) “Background Check Registry (Registry)” means a comprehensive listing of subject individuals who meet the requirements of these rules.
(3) “Criminal Records Information Management System (CRIMS) user” means an individual who has been approved to use CRIMS.
(4) “Facility” means:
(a) A long term care facility in Oregon as defined in ORS 442.015 (Definitions) including skilled nursing facilities and intermediate care facilities.
(b) A residential care facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) including but not limited to assisted living facilities and intermediate care facilities.
(c) An adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825).

(d)

Any programs licensed, certified, endorsed, or otherwise regulated by the Department of Human Services that deliver services to individuals with intellectual or developmental disabilities.

(5)

“Good Standing” means the SI is in an approved status on the registry and may continue to work without active supervision (see OAR 407-007-0315 (Hired on a Preliminary Basis)(8)) in an approved status in all current positions listed for the SI.
(6) “Homecare worker” has the same meaning given in ORS 410.600 (Definitions for ORS 410.595 to 410.625), including but not limited to personal support workers and personal care attendants.
(7) “Permanent hire date” means:
(a) For an employee, temporary worker or contractor of a facility or a qualified entity, the date the qualified entity (QE) considers the SI to be permanently hired, after the background check approval date and when the SI is no longer considered provisional or working under active supervision pursuant to OAR 407-007-0315 (Hired on a Preliminary Basis).
(b) For a volunteer of a facility or a qualified entity, the date the QE considers the SI to be approved to volunteer for the QE, after the background check approval date.
(c) For a homecare worker, the date the Department of Human Services (Department) or Authority enrolls the SI as a homecare worker and the homecare worker enrollment number is approved and active. For medical assistance programs this date is called the “enrollment” contract active dates.
(8) “Position” means the position listed in the background check request which determines whether the individual is an SI under OAR 407-007-0210 (Definitions).
(9) “Qualified entity (QE)” means:
(a) A facility;
(b) An Area Agency on Aging (AAA) office or a Department or Oregon county Aging and People with Disabilities program branch which enrolls homecare workers;
(c) An agency, program or county office in Oregon serving individuals with intellectual or developmental disabilities;
(d) An agency, program or county office in Oregon serving individuals with mental illness which assists an individual to complete personal support worker enrollment; or
(e) The Department’s Children’s Intensive In-home Services program.

(f)

A long term care referral entity pursuant to OAR 411-058-0000 (Definitions) to 411-058-0100 (Civil Penalties).

(g)

A staffing agency which provides staffing services to long term care skilled nursing facilities, residential care facilities, or assisted living facilities; and completed background checks through BCU in accordance with OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances).

Source: Rule 407-007-0610 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0610.

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 407-007-0610’s source at or​.us