(1)As used in this section:
(a)“Direct care services” means services provided to clients of the Department of Human Services or the Oregon Health Authority by:
(A)An adult foster home, as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825);
(B)A home care worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625);
(C)A residential facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455); or
(D)A service provider as defined in ORS 427.101 (Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664).
(b)“Fitness determination” means the evaluation of whether a subject individual or other individual providing direct care services is fit to hold a position, provide direct care services or be granted a license, certification, registration or permit to provide direct care services.
(c)“Qualified entity” has the meaning given that term in ORS 181A.190 (Criminal records check).
(d)“Subject individual” means a person who is:
(A)Employed by or who seeks to be employed by the authority or the department;
(B)A volunteer or who seeks to be a volunteer to provide care on behalf of the authority or the department; or
(C)Providing care or who seeks to provide care on behalf of the authority or the department.
(2)The department and the authority shall prescribe by rule the criteria to be considered in making fitness determination findings of abuse that are substantiated. The criteria must include the types of substantiated abuse for which a subject individual may be found to be unfit and conditions, if any, for the reinstatement of a subject individual who is found to be unfit.
(3)A subject individual who is found to be unfit is entitled to challenge the fitness determination in a contested case hearing conducted in accordance with ORS chapter 183. The subject individual may not challenge a finding of substantiated abuse or criminal conviction that was the basis for the fitness determination but may contest the weight accorded the evidence, mitigating factors or other aspects of the evaluation. The individual may be represented by an attorney or other person or, if the individual is a member of a bargaining unit, by the certified or recognized exclusive representative for the bargaining unit.
(4)This section applies to fitness determinations for providers of direct care services conducted under ORS 181A.195 (Criminal records check) (10) or 443.004 (Criminal records check required for employees and volunteers providing direct care) (7). [2019 c.517 §1; 2021 c.97 §59]
Section 443.008 — Fitness determinations; rules,