OAR 407-007-0620
Background Check Registry


(1) The background check registry includes SIs who work or seek to work as:
(a) An employee, contractor, temporary worker, or volunteer in a facility or qualified entity; or
(b) A homecare worker, including the position of personal support worker.

(2)

The background check registry does not include SIs who work or seek to work as an employee or volunteer for:

(a)

A community developmental disabilities program (OAR 411-320-0010 (Statement of Purpose) to 411-320-0200 (Variances));

(b)

A developmental disabilities brokerage (OAR 411-340-0010 (Statement of Purpose) to 411-340-0180)

(c)

The Department of Human Services.
(3) The registry includes SIs who have a record of a background check with an outcome of approved or approved with restrictions in CRIMS dated on or after January 1, 2015 with no subsequent background check with an outcome other than approved or approved with restrictions.
(4) The registry shall include information regarding the SI including but not limited to:
(a) Name and other identifying information.
(b) Date of background check approval.
(c) Current position.
(d) QE for each current position.

(e)

Permanent hire date in the position at each QE.

(f)

Last day of work for each position at each QE.
(5) The Department shall complete not more than one criminal records check every two years on an SI subject to ORS 443.004 (Criminal records check required for employees and volunteers providing direct care)(1)(b), effective as of the completion of an SI’s first background check after the implementation of ORS 443.004 (Criminal records check required for employees and volunteers providing direct care)(1)(b) (Or Law 2019, chapter 423), on September 29, 2019. A criminal records check, as part of a new background check, may be completed more often only if the Department:
(a) Receives credible evidence of a new criminal conviction;
(b) Receives credible evidence potentially disqualifying abuse;
(c) Is required by federal law to conduct more frequent criminal records checks; or
(d) Is notified that a SI has changed positions or duties for which there are different criminal records check requirements.
(e) If the Department determines that a new fitness determination is necessary and a new criminal records check is not allowed, the Department may complete a new abuse check and use information from the most recent criminal records check completed on the SI in the Department’s records. An example of when a new fitness determination is necessary, and a new criminal records check is not allowed, is when BCU learns of a new potentially disqualifying condition.
(6) BCU shall immediately remove an SI from the registry and the SI shall no longer be in good standing if:

(a)

BCU received credible evidence indicating that SI has any new potentially disqualifying convictions or conditions; or

(b)

A subsequent background check results in any outcome other than approved.

(7)

To remain in good standing on the registry:

(a)

The SI must have an approved background check completed pursuant to OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances) within the past 24 months; or

(b)

If within 120 days of expiration from the registry:

(A)

The SI’s qualified entity must submit a new background check request pursuant to OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances) no later than the SI’s expiration date or as required by the collective bargaining agreement or program rules; and

(B)

In the new background check request, the Department finds no information that would lead to a revocation of the SI working pursuant to OAR 407-007-0315 (Hired on a Preliminary Basis).

(8)

If the SI is required to have a Provider Enrollment Agreement filed with the Department, the SI must complete a background check pursuant to OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances) at least 24 months with an outcome of approved or approved with restrictions.

Source: Rule 407-007-0620 — Background Check Registry, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0620.

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 407-007-0620’s source at or​.us