Oregon Administrative Rules › Chapter 331 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE › Division 30 - AUTHORIZATION REQUIREMENTS › Section 331-030-0004 - Fingerprinting, State and Nationwide Criminal Background Checks, Fitness Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Office may conduct and require completion of a fingerprint and criminal
			 background check to determine fitness of individuals applying for an
			 authorization issued or renewed by the Office. These will be provided on
			 prescribed forms provided by the Office. At the discretion of the Office,
			 background checks may be conducted for any of the programs administered by the
			 Office.
(2) Fingerprints may be
			 obtained at a law enforcement office or at a private service acceptable to the
			 Office. The Office will forward fingerprints to the Department of Oregon State
			 Police for checks against state and national data sources. Any original
			 fingerprint cards subsequently will be destroyed by the department.
NOTE: An applicant must pay the department any fees assessed
				for conducting the fingerprint service. An applicant must arrange for the
				report of the fingerprint check to be mailed directly to the Health Licensing
				Office, Regulatory Operations Division.
(3) The Office will conduct a criminal
			 background check of all applicants in accordance with ORS
			 181A.195, OAR 125-007-0200  through 127-007-0330. If an applicant has a criminal conviction, a fitness
			 determination to hold an Office-issued authorization will be made in accordance
			 with the requirements of ORS
			 181A.195 and ORS
			 670.280.
(4) In order to conduct the Oregon and
			 national criminal history check and fitness determination, the Office may
			 require additional information from the authorization holder or applicant.
			 Information requested may include but is not limited to, proof of identity;
			 residential history; names used while living at each residence; or additional
			 criminal, judicial or other background information.
(5) If the Office determines an applicant or
			 authorization holder is unfit, the individual is entitled to a contested case
			 process pursuant to ORS 183. Challenges to the accuracy or completeness of
			 information provided by the Oregon State Police, Federal Bureau of
			 Investigation and agencies reporting information must be made through the
			 Oregon State Police, Federal Bureau of Investigation, or reporting agency, and
			 not through the contested case process pursuant to ORS 183.
(6) If the applicant discontinues the
			 application process or fails to cooperate with the criminal history background
			 check the Office considers the application incomplete.
Statutory/Other Authority: ORS
				  25.785, ORS
				  305.385,
				  42 USC §
											405(C)(2)(C)(i),  42 USC §
											666(a)(13), ORS
				  670.280, ORS
				  676.303, ORS 676.565, ORS
				  676.575, ORS
				  676.615, ORS
				  681.700-681.730 & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  25.785, ORS
				  305.385,
				  42 USC §
											405(C)(2)(C)(i),  42 USC §
											666(a)(13), ORS
				  670.280, ORS
				  676.303, ORS 676.565, ORS
				  676.575, ORS
				  676.615, ORS
				  681.700-681.730 & ORS
				  181A.195