OAR 851-001-0115
Criminal Background Checks

The Board of Nursing will perform national fingerprint and state records criminal background checks on all Licensee Applicants; or Persons who are employed or who seek to be employed by the Board; or who is providing services or seeks to provide services to the Board on a contractual or volunteer basis will be referred to in this rule as an “SI” as defined in ORS 181A.190 (Criminal records check)(1)(c), OAR 125-007-0210 (Definitions)(10):

(1)

The Board of Nursing, in making fitness determinations consistent with the intent of ORS 181A and rules promulgated by the Department of Administrative Services 125-007-0200 (Statement of Purpose) to 0330 et seq. shall consider:

(a)

The nature of the crime;

(b)

The facts that support the conviction or pending indictment or that indicate the making of a false statement;

(c)

The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual’s present or proposed position, license, certification or registration;

(d)

Intervening circumstances relevant to the responsibilities and circumstances of the position, license, certification, or registration, such as:

(A)

The passage of time since the commission of the crime;

(B)

The age of the subject individual at the time of the crime;

(C)

The likelihood of a repetition of the offenses or of the commission of the crime;

(D)

The subsequent commission of another relevant crime;

(E)

Whether the conviction was set aside and the legal effect of setting aside of the conviction; and

(F)

Letters of support that would supply evidence of current character.

(2)

The Board will evaluate a conviction or pending indictment or that indicate the making of a false statement; crime or offense on the basis of law of the jurisdiction in which the crime or offense occurred.

(3)

A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law.

(a)

All Felonies.

(b)

All misdemeanors.

(c)

Any U.S. military crimes or international crimes.

(4)

The Board of Nursing in and through its designee(s) shall evaluate a crime or offense on the basis of the law of the jurisdiction in which the crime or offense occurred.

(5)

The following are examples of crimes likely to result in denial unless there are significant mitigating circumstances.

(a)

Aggravated murder as in ORS 163.095 (“Aggravated murder” defined)

(b)

Murder as in ORS 163.115 (Murder in the second degree)

(c)

Rape 1 as in ORS 163.375 (Rape in the first degree)

(d)

Sodomy 1 as in ORS 163.405 (Sodomy in the first degree)

(e)

Unlawful sexual penetration as in ORS 163.411 (Unlawful sexual penetration in the first degree)

(f)

Sexual Abuse as in ORS 163.427 (Sexual abuse in the first degree)

(6)

Under no circumstances shall a SI be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 (Expunction) to 419A.262 (Expunction proceeding).

(7)

Under no circumstances shall SI be denied under these rules due to existence of contents of an adult record that has been set aside pursuant to ORS 137.225 (Order setting aside conviction or record of criminal charge).

(8)

Examples of other criminal offender information that may be potentially disqualifying may include:

(a)

Sex offender registration;

(b)

Conditions of parole, probation, or diversion program; or

(c)

Unresolved arrest, charge, pending indictment or outstanding warrant.

(9)

The Board will be the determiner of the validity of all criminal background check information received.

Source: Rule 851-001-0115 — Criminal Background Checks, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=851-001-0115.

Last Updated

Jun. 24, 2021

Rule 851-001-0115’s source at or​.us