ORS 443.004 / OAR-407-007-0275

ORS 443.004 is now in effect for individuals hired on or after July 28, 2009 or who were subject to a background check on or after July 28, 2009. It directly impacts the background check process. In this legislation, public funds may not be used to support, in whole or in part, the employment in any capacity of individuals in certain positions if the individual has specific convictions. See this list for covered crimes.

The subject positions include but are not limited to:

• Employees and contractors of residential facilities, including assisted living facilities, residential care facilities, residential treatment homes, residential treatment facilities and residential training facilities. Employees of staffing agencies are subject, unless they work exclusively in nursing facilities. Nursing facilities and alcohol and drug facilities are not subject.
• Staff at adult foster homes including any licensed adult foster home for mental health, developmental disability, seniors or adults with physical disabilities. Relative adult foster homes are not subject.
• Employees of in-home care agencies which are licensed through the Oregon Health Authority (OHA) and have contracts with DHS.
• Home care workers, personal care assistants and anyone employed or contracted by programs for individuals with developmental disabilities.

Program rules are being updated regarding ORS 443.004 and other legislation. Find rules pertinent to your program.

What this means for ADs and CPs

Discovery of a conviction for any of these crimes may occur in one of the following ways:

• During your recruitment process provide a copy of the ORS 443.004/OAR 407-007-0275 crimes list as part of your application packet. The person may decide s/he is not eligible to apply for the position. No background check is needed.
• If you have offered a person a position and you find any of these convictions disclosed on the 301, you must submit the 301 to BCU. DO NOT HIRE THE INDIVIDUAL ON A PRELIMINARY BASIS. BCU will review the 301 and, if an ORS 443.004 conviction is confirmed, BCU will deny the SI.
• Finally, if BCU finds evidence of one of these convictions during a background check, BCU will deny the SI, notifying you and the SI of the outcome.  

QEs and SIs NOT Subject to the Crime List

Some QEs and SIs are not currently subject to ORS 443.004 crimes. These include but are not limited to:

• Nursing facilities (contact BCU if you feel that your nursing home may be subject to the crime list due to an ALF or RCF on premises)
• Private licensed child caring agencies (unless also licensed or certified as a developmental disability program)
• Some volunteers (check specific program rules to determine if volunteers are subject)
• Peer support specialists (in mental health or alcohol and drug programs)
• Hospitals (medical or psychiatric)