Or. Admin. Code § 333-275-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-275-0040 - Criminal Conviction History

(1) The Public Health Division shall conduct a criminal records check of all applicants prior to certification.

(2) Failure to provide written consent for a criminal records check or failure to provide completed fingerprint cards for a Federal Bureau of Investigation (FBI) check, where required, shall be grounds for denial of an application.

(3) Criminal offender information will be obtained through the Oregon Law Enforcement Data System (LEDS). Nationwide criminal records checks, if necessary, shall be conducted by the Oregon State Police (OSP) through the FBI. In conducting criminal records checks on subject individuals, the Division shall act in accordance with its obligations under ORS 181.537.

(4) The Division has determined that serious felonies and misdemeanors involving violence or unauthorized sexual conduct with the vulnerable or disabled are fundamentally inconsistent with the responsibility of care for the dialysis patient and thereby related to the fitness of the hemodialysis technician to practice hemodialysis. Conviction of crimes listed in Table 1 of this rule shall disqualify a CHDT subject individual from receiving certification, unless the subject individual provides sufficient evidence of suitability as described in section (7) of this rule.

(5) The Division has determined that serious felonies and misdemeanors involving theft, fraud, or deception, crimes against the state and public justice, and major traffic violations may substantially jeopardize the safety of the dialysis patient and thereby are related to the fitness of the hemodialysis technician to practice hemodialysis. If any subject individual was convicted of a crime listed in Table 2 of this rule, [Table not included. See ED. NOTE.] the Division will seek to obtain and review information on all intervening circumstances and other background information related to criminal activity, subject to section (7) of this rule. Based on this information, the Division will make a decision whether to approve certification given the individual subject meets all other requirements for certification.

(6) These rules also apply to:

(a) Any attempts, solicitations or conspiracy to commit a crime listed in Table 1 or Table 2, and;

(b) Conviction of a crime, in another jurisdiction, which is the substantial equivalent of a crime listed in Table 1 or Table 2 or any attempts, solicitations or conspiracy to commit a crime, in another jurisdiction, which is the substantial equivalent of a crime listed in Table 1 or Table 2.

(7) Factors in Suitability Determination:

(a) Factors to be considered in determining suitability, based on information available to the Division and information provided by the subject individual, include:

(A) The nature of the crime;

(B) The facts that support the conviction;

(C) The making of a false statement on the consent for criminal records check related to the disqualifying crimes;

(D) The relevancy of the subject individual's criminal conviction history to the fitness of the hemodialysis technician to practice hemodialysis;

(E) Intervening circumstances relevant to the responsibilities and circumstances of the position, services or employment. Such circumstances include but are not limited to:

(i) Passage of time since the commission of the crime;

(ii) The age of the person at the time of the crime;

(iii) The likelihood of a repetition of offenses;

(iv) The commission of other relevant crimes, including the type and number of offenses;

(v) The recommendation of an employer.

(b) Under no circumstances shall a subject individual be barred from certification because of the existence or contents of a juvenile record, which has been expunged pursuant to ORS 419A.260 to 419A.262.

(8) Process for Federal Criminal Records Check:

(a) When conducting a criminal records check on a subject individual, the Division may conduct a federal criminal history check when:

(A) The subject individual has lived outside the state of Oregon any time during the preceding 18 months;

(B) The Oregon record shows "Multi-state Offender" status;

(C) The Division has information about the applicant having crimes in other states.

(b) An applicant subject to the federal criminal records check must submit to the Division:

(A) Properly completed FBI fingerprint cards;

(B) Properly completed consent for criminal records check form;

(C) A description of the crime and conviction if the subject individual acknowledges conviction of a crime; and

(D) The fee for the FBI check.

(9) A subject individual who passes the Oregon criminal records check but is waiting for the FBI criminal records check to be processed may receive a conditional certificate, based upon the Oregon criminal records check and a review of the application, if all other prerequisites are met. This conditional certificate is subject to revocation in the event the FBI criminal records check contains a disqualifying conviction.

(10) Criminal offender information is confidential and shall not be disclosed by the Division. A subject individual may inspect the subject individual's own Oregon record at the Division. The Division may not disclose FBI information to the subject individual or other persons or entities.

(11) If an applicant wishes to challenge the accuracy or completeness of information provided by OSP or the FBI, the subject individual must make a challenge directly to the department, bureau or agency providing that information and not through the contested case hearing process set forth in OAR 333-275-0170.

Or. Admin. Code § 333-275-0040

OHD 2-2001, f. & cert. ef. 1-18-01; PH 13-2023, amend filed 03/13/2023, effective 7/1/2023

Tables referenced are available from the agency.

Statutory/Other Authority: ORS 688.625 - 688.665

Statutes/Other Implemented: ORS 688.655(1)(e) & 181.537