OAR 851-031-0007
State and Nationwide Criminal Records Checks, Fitness Determinations
(1)
The purpose of these rules is to provide for the reasonable screening of applicants and licensees in order to determine if they have a history of criminal behavior such that they are not fit to be granted or renewed a license that is issued by the Board.(2)
These rules are to be applied when evaluating the criminal history of an applicant or licensee and conducting fitness determinations based upon such history. The fact that an applicant or licensee has cleared the criminal history check does not guarantee the granting or renewal of a license.(3)
The Board may require fingerprints of all initial applicants for a Registered Nurse (RN), Licensed Practical Nurse (LPN), Nurse Practitioner (NP), Clinical Nurse Specialist (CNS), Certified Registered Nurse Anethestist (CRNA), Certified Nursing Assistant, or Certified Medication Aide license, licensees renewing their license, and licensees under investigation to determine the fitness of an applicant or licensee. (All categories above are referred to as “licensee” for the purpose of these rules.) These fingerprints will be provided on prescribed forms made available by the Board. Fingerprints may be obtained at a law enforcement office or at a private service acceptable to the Board; the Board will submit fingerprints to the Oregon Department of State Police to conduct a National Criminal Records Check. Any original fingerprint cards will subsequently be destroyed by the Oregon Department of State Police.(4)
The Board shall determine whether an applicant or licensee is fit to be granted a license based on the criminal records background check, any false statements made by the applicant or licensee regarding the criminal history of the individual, any refusal to submit or consent to a criminal records check including fingerprint identification, and any other pertinent information obtained as part of an investigation. If an applicant is determined to be unfit, the applicant may not be granted a license. If a licensee is determined to be unfit the licensee’s license may not be renewed. The Board may make a fitness determination conditional upon applicant’s or licensee’s acceptance of probation, conditions, limitations, or other restrictions upon licensure.(5)
Except as otherwise provided in section (2), in making the fitness determination the Board shall consider:(a)
The nature of the crime;(b)
The facts that support the conviction or pending indictment or that indicate the making of the false statement;(c)
The relevancy, if any, of the crime or the false statement to the specific requirements of the applicant’s or licensee’s present or proposed license; and(d)
Intervening circumstances relevant to the responsibilities and circumstances of the license. Intervening circumstances include but are not limited to:(A)
The passage of time since the commission of the crime;(B)
The age of the applicant or licensee at the time of the crime;(C)
The likelihood of a repetition of offenses or of the commission of another crime;(D)
The subsequent commission of another relevant crime;(E)
Whether the conviction was set aside and the legal effect of setting aside the conviction; and(F)
A recommendation of an employer.(6)
All background checks shall be requested to include available state and national data, unless obtaining one or the other is an acceptable alternative.(7)
In order to conduct the Oregon and National Criminal Records Check and fitness determination, the Board may require additional information from the licensee or applicant as necessary, such as but not limited to, proof of identity; residential history; names used while living at each residence; or additional criminal, judicial or other background information.(8)
Criminal offender information is confidential. Dissemination of information received under House Bill 2157 (2005 Legislative Session) is only to people with a demonstrated and legitimate need to know the information. The information is part of the investigation of an applicant or licensee and as such is confidential pursuant to ORS 678.126 (Confidentiality of information).(9)
The Board will permit the individual for whom a fingerprint-based criminal records check was conducted to inspect the individual’s own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual’s own state and national criminal offender records.(10)
The Board may consider any conviction of any violation of the law for which the court could impose a punishment and in compliance with ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction). The Board may also consider any arrests and court records that may be indicative of an individual’s inability to perform as a licensee with care and safety to the public.(11)
If an applicant or licensee is determined not to be fit for a license, the applicant or licensee is entitled to a contested case process pursuant to ORS 183.414-470. Challenges to the accuracy or completeness of information provided by the Oregon Department of State Police, Federal Bureau of Investigation and agencies reporting information must be made through the Oregon Department of State Police, Federal Bureau of Investigation, or reporting agency and not through the contested case process pursuant to ORS 183.(12)
If the applicant discontinues the application process or fails to cooperate with the criminal records check process, the application is considered incomplete.
Source:
Rule 851-031-0007 — State and Nationwide Criminal Records Checks, Fitness Determinations, https://secure.sos.state.or.us/oard/view.action?ruleNumber=851-031-0007.