Or. Admin. Code § 851-001-0122

Current through Register Vol. 63, No. 10, October 1, 2024

Section 851-001-0122 - Criminal Background Checks for employees of, for those seeking to be employed by, or providing services or seeking to provide services as a contractor or volunteer for the Board of Nursing

(1) The Board shall perform national fingerprint checks and state criminal record checks on all individuals covered under this section per ORS 181A.195(1)(c) and OAR 125-007-0210(10). For the purposes of this section rules, these specific individuals will be referred to as subject individual (SI).

(2) Refusal to consent to a fingerprint check and state criminal records check will result in denial of employment or ability to provide services to the Board.

(3) The Board of Nursing, in making fitness must consider:

(a) The nature of the crime;

(b) The relevancy of the crime to the present practice or proposed position or provided service.

(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 current employer, if applicable.

(4) 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.

(5) A conviction in the following crimes may have a nexus to the work and security of the Board and may be investigated and Board considered, could result in denial of employment or service to the Board:

(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 5 year period.

(g) Violation of controlled substance laws.

(6) Other criminal offense information that may have a nexus to the work and security of the Board 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.

(7) 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.

(8) Under no circumstances shall an SI 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.

(9) Under no circumstances shall an SI 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 § 851-001-0122

BN 15-2021, adopt filed 07/20/2021, effective 8/1/2021

Statutory/Other Authority: ORS 181A.195(1)(c) & OAR 125-007-0210(10)

Statutes/Other Implemented: Executive Order 07-19