Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 10 - GENERAL RULES AND LICENSING › Section 811-010-0084 - Fitness Determinations for Licensure; State and Nationwide Criminal Background Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of this rule is to provide for the reasonable screening of subject individuals
			 in order to determine if they have a history of criminal behavior such that
			 they are not fit to be granted a license or certificate, registration, permit
			 in occupations, or professions covered by Oregon Laws 2005, chapter
			 730.
(2) These rules are to be
			 applied when evaluating the criminal history of a subject individual and
			 conducting fitness determinations based upon such history. The fact that a
			 subject individual is approved does not guarantee the granting of a license,
			 certification, registration, or permit.
(3) "Subject individual" means a person from
			 whom the Board may require fingerprints for the purpose of enabling the Board
			 to request a state or nationwide criminal records check. Under this chapter,
			 subject individual means applicants for doctor of chiropractic license,
			 applicants for chiropractic assistant certification, renewing licensees or
			 certificate holders, and licensees under investigation as ordered by the
			 Board.
(4) The Board may request
			 that the Oregon State Police conduct a criminal history check and a national
			 criminal history check, using fingerprint identification, of subject
			 individuals.
(5) In order to
			 conduct a state and national criminal history check and fitness determination,
			 the Board may require additional information from the subject individual 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.
(6)
			 The Board shall determine whether a subject individual is fit to be granted or
			 renewed a license or certification, based on the criminal records background
			 check, on any false statements made by the individual regarding their criminal
			 history, on 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 a subject individual is determined to
			 be unfit, then the individual may not be granted a license or certification.
			 The Board may make a fitness determination conditional upon the subject
			 individual's acceptance of probation, conditions, limitations, or other
			 restrictions upon licensure, certification, or renewal.
(7) Except as otherwise provided in section 6
			 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
			 subject individual's present or proposed position, services, employment,
			 license, certification or registration; and
(d) Intervening circumstances relevant to the
			 responsibilities and circumstances of the position, services, employment,
			 license, certification, registration or permit. Intervening circumstances
			 include but are not limited to:
(A) The
			 passage of time since the commission of the crime;
(B) The age of the subject individual 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.
(G) Self-disclosure
			 during application or renewal.