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