Or. Admin. Code § 850-030-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 850-030-0030 - Fitness for Licensure

(1) The Board may screen licensure applicants, licensees, and individuals subject to investigation by the Board to determine criminal history, civil liability, and regulatory violations to assess fitness for licensure.

(2) Criminal records checks and fitness determinations are conducted according to ORS 181A.170 to 181A.215, ORS 670.280, ORS 676.303, and OAR 125-007-0200 to 125-007-0310.

(a) The Board may request that the Oregon State Police conduct a state and nationwide criminal records check, using fingerprint identification of subject individuals.

(b) The Board may conduct state criminal records checks on applicants and and licensees through the Law Enforcement Data System maintained by the Oregon State Police in accordance with rules adopted, and procedures established, by the Oregon State Police.

(c) The Board shall annually conduct state criminal records checks on 10% of a random sample of active license renewal applicants through the Law Enforcement Data System maintained by the Oregon State Police in accordance with rules adopted, and procedures established, by the Oregon State Police.

(d) Criminal history information obtained from the Law Enforcement Data System must be handled in accordance with ORS Chapter 181A, OAR 257-010 to 257-015 and applicable Oregon State Police procedures.

(3) The applicant must disclose all regulatory violations, arrests, charges, and convictions regardless of the outcome or date of occurrence as requested by the Board. Disclosure includes any military or criminal records.

(4) The Board may require additional information from the applicant such as, but not limited to, proof of identity, previous names, residential history, pending regulatory, civil or criminal investigations or allegations, or additional criminal, judicial or other background information.

(5) The Board may deny licensure based on conduct that is not undertaken directly in the course of the licensed activity but that is substantially related to the fitness and ability of the applicant to engage in the activity for which the license is required. Subject to ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction), to determine fitness for licensure the Board will consider whether the applicant has a(n):

(a) Impairment as defined in ORS 676.303 (Purposes of health professional regulatory boards);

(b) Conviction of a felony or misdemeanor relating to intoxicants or controlled substances;

(c) Conviction of a felony or misdemeanor involving moral turpitude;

(d) Conviction of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) or has been convicted in another state or jurisdiction of a crime that is substantially equivalent to a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).

(e) Conviction of a felony or misdemeanor involving dishonesty or false statement;

(f) Civil liability, regulatory violation for involving dishonesty, false statement, fraud or intentional misrepresentation;

(g) Criminal conviction, civil liability, regulatory violation for unethical or unprofessional conduct;

(h) Criminal conviction, civil liability or regulatory violation for conduct or practice that constitutes a danger to the health or safety of a patient or the public, or conduct, practice or a condition that adversely affects a Naturopathic Physician's ability to practice Naturopathic Medicine safely and skillfully;

(i) Criminal conviction, civil liability or regulatory violation for practicing or attempting to practice medicine without being licensed to do so;

(6) In determining fitness for licensure, the Board may consider intervening circumstances relevant to the responsibilities and circumstances of the applicant. Intervening circumstances include but are not limited to:

(a) The passage of time since the conviction, finding of civil liability, or regulatory violation;

(b) The age of the subject individual at the time of the conviction, finding of civil liability, or regulatory violation;

(c) The subsequent conviction of another relevant crime, finding of civil liability, or regulatory violation; and

(d) The recommendation of an employer.

(7) Under no circumstances shall an applicant be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 to 419A.262.

(8) Under no circumstances shall an applicant be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225.

(9) Information obtained from the Oregon State Police or the Federal Bureau of Investigation is confidential. Dissemination of information received under this rule may only be made to people with a demonstrated and legitimate need to know the information. When the information is part of the investigation of an applicant or licensee, it is governed by ORS 676.175. Any fingerprint cards used to conduct a check shall be destroyed by either the Federal Bureau of Investigation or the Oregon State Police as specified in ORS 181A.195.

(10) The Board will permit the subject individual for whom a fingerprint-based criminal records check was conducted to inspect the individual's own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual's own state and national criminal offender records.

(11) If an applicant or licensee is denied a license or is otherwise subject to discipline by the Board, they are entitled to a contested case hearing pursuant to ORS 183.413 to 470.

(12) A challenge 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.

(13) An applicant may make a request for re-evaluation following correction. If the subject individual successfully contests the accuracy or completeness of information provided by the Oregon State Police, the Federal Bureau of Investigation or other agency reporting information to the Board, the Board will conduct a new criminal history check and re-evaluate the criminal history upon submission of a new criminal history request form.

(14) The applicant or licensee must pay a criminal records check fee for the actual cost of acquiring and furnishing the criminal offender information.

Or. Admin. Code § 850-030-0030

NE 2, f. 6-7-59; NE 2-1984, f. & ef. 2-28-84; BNE 6-2001, f. 10-9-01, cert. ef. 1-1-02; Renumbered from 850-010-0030, BNE 8-2005, f. & cert. ef. 10-27-05; OBNM 1-2012(Temp), f. & cert. ef. 4-12-12 thru 10-4-12; OBMN 2-2012, f. & cert. ef. 6-15-12; OBNM 6-2020, amend filed 03/06/2020, effective 3/6/2020; OBNM 9-2022, amend filed 08/11/2022, effective 8/11/2022

Statutory/Other Authority: ORS 685.125

Statutes/Other Implemented: ORS 685.070