333-035-0210 Criminal Records Check (1) As used in this rule: (a) "Disqualifying condition" means a non-criminal personal history issue that makes a subject individual unsuitable for employment, contracting or volunteering for a hospice program, including but not limited to discipline by a licensing or certifying agency, or drug or alcohol dependency; (b) "Subject individual (SI)" means an individual on whom a hospice program may conduct a criminal records check including: (A) An employee or prospective employee; (B) A contractor, temporary worker, or volunteer who may have contact with patients or access to personal information about patients, including but not limited to Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information, or criminal background information; and (C) A prospective contractor, temporary worker, or volunteer who may have contact with patients or access to personal information about patients including but not limited to Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information, or criminal background information. (c) "Fitness determination" means a decision made by a hospice program pursuant to the policy established in accordance with section (3) of this rule, that a subject individual is or is not fit to hold a position, paid or not paid, have direct access, or otherwise provide services to a patient. (2) Except as provided in section (8) of this rule, a hospice program must conduct a criminal records check on a subject individual and make a fitness determination prior to employment, and prior to entering into a contract, or permitting a volunteer to have direct patient contact or access to personal information about a patient. (3) A hospice program must have written policies and procedures for conducting a criminal records check and making a fitness determination in accordance with section (2) of this rule including a description of any criminal conviction or other disqualifying condition that would disqualify a SI from being employed, contracted with or working as a volunteer. The policies and procedures must include at a minimum: (a) Provisions for performing a weigh test; and (b) Weigh test actions should a criminal records check indicate that a SI has been convicted of crimes against an individual or property, or other disqualifying condition. (4) In performing a weigh test, the hospice program shall consider circumstances regarding the nature of the potentially disqualifying conviction or condition using the criteria established under ORS 181A.195(10)(c). (5) If a SI has been found unfit in accordance with section (2) of this rule, the hospice program shall notify the SI and provide the SI with information on how to appeal to the source of the criminal records check if the SI believes the records are in error. (6) A hospice program shall keep the information obtained from a criminal records check confidential and use it solely to determine a SI’s eligibility to be employed, contracted with or to be a volunteer. (7)(a) A hospice program shall require a SI to report to the hospice program within 10 days any criminal conviction, arrest, indictment, or charge for a sexual offense or property crime, or any disciplinary action taken by a health professional regulatory board or agency. (b) A hospice program shall conduct a fitness determination in accordance with section (3) to determine whether the SI is fit to continue to hold position. (8) Notwithstanding section (2) of this rule, a hospice program is not required to complete a background check on: (a) A SI licensed by a health professional regulatory board as defined in ORS 676.160; or (b) A contractor employed by a company that has completed a criminal records check on the contractor and has determined the contractor is fit to have contact with patients, have access to personal information about the patient, or otherwise provide services to a patient on behalf of the hospice program. (9) A hospice program shall have policies and procedures that ensure the entities it contracts with have conducted criminal records checks on a SI that will have direct contact with a patient of the hospice program or access to personal information about a hospice patient. (10) A hospice program shall ensure that a criminal records check is performed on a SI every three years from the date of the SI’s last criminal records check in accordance with these rules. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0060, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10