Or. Admin. Code § 851-001-0115

Current through Register Vol. 63, No. 12, December 1, 2024

Section 851-001-0115 - Criminal Background Checks for Applicants for Licensure or Certification by the Board including Initial, Renewal, Reactivations, Reinstatements, and Endorsements

When applying for a license or certification to practice, including renewal, the Board will make a fitness determination consistent with ORS 181A.195 and OAR 125-007, which includes national fingerprint and state records criminal background checks per Board procedure.

(1) If the CBC reveals a conviction, the Board will make a determination whether the conviction bears a demonstrable relationship to the practice of nursing. If the conviction relates to the practice of the applicant, licensee or certificate holder, the Board may deny or otherwise discipline the license or certificate up to, and including revocation. No denial or discipline will be based solely on the findings of a crime; all findings will be investigated and brought to the Board for consideration.

(2) When making a fitness determination, the Board must consider:

(a) The nature of the crime;

(b) The relevancy of the crime to the present practice or proposed position, license, or certification;

(c) Findings of fact;

(d) The passage of time since the commission of the crime.

(e) The age of the applicant at the time of the crime.

(f) Likelihood of a repetition of the crime.

(g) Subsequent conviction of another relevant crime.

(h) Whether the conviction was set aside and the legal effect of setting aside the convictions

(i) Letters of support that would supply evidence of current character, including recommendations by employer, if applicable.

(3) The Board will evaluate a conviction or pending indictment or that indicate the making of a false statement; crime or offense on the basis of law of the jurisdiction in which the crime or offense occurred.

(4) A conviction in the following crimes may have a nexus to nursing and may be investigated and considered and could result in denial or discipline of the license or certificate:

(a) Crimes involving theft.

(b) Crimes involving fraud or deceit.

(c) Crimes involving any sexually related conduct, including but not limited to rape or sexual penetration.

(d) Crimes involving assault, harassment, stalking, domestic violence or similar conduct, including causing the death of another individual or individuals.

(e) Crimes involving driving under the influence of intoxicants if convicted for another crime in connection with the same incident.

(f) Two or more driving under the influence of intoxicant convictions within a five year period.

(g) Violation of controlled substance laws.

(5) Other criminal offense information that may have a nexus to nursing and may be considered includes:

(a) Sex offender registration

(b) Conditions of parole, probation, or diversion program.

(c) Unresolved arrests for:

(A) Felony Burglary

(B) Felony Robbery

(C) Felony Criminal Mistreatment

(D) Crimes involving visual depiction or visual recordings of sexually explicit conduct involving a child.

(6) The Board of Nursing in and through its designee(s) shall evaluate a crime or offense on the basis of the law of the jurisdiction in which the crime or offense occurred.

(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 existence of contents of an adult record that has been set aside pursuant to ORS 137.225.

Or. Admin. Code § 851-001-0115

BN 5-2017, f. 7-3-17, cert. ef. 8/1/2017; BN 15-2021, amend filed 07/20/2021, effective 8/1/2021; BN 1-2022, minor correction filed 01/10/2022, effective 1/10/2022

Statutory/Other Authority: ORS 678.150

Statutes/Other Implemented: ORS 678.150