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Oregon Bulletin

June 1, 2011

 

Board of Licensed Professional Counselors and Therapists
Chapter 833

Rule Caption: Changes to criminal background check procedures.

Adm. Order No.: BLPCT 2-2011(Temp)

Filed with Sec. of State: 5-13-2011

Certified to be Effective: 5-15-11 thru 11-10-11

Notice Publication Date:

Rules Amended: 833-120-0011, 833-120-0021, 833-120-0031, 833-120-0041

Subject: Allows license applicants with fingerprint based criminal history checks provided by another public agency within one year prior to submitting a license application to submit a verification form instead of a new fingerprint history check.

      Add registered interns to requirements section.

      Adds that misleading statements or intended omissions as part of a criminal background check may result in discipline.

      Adds that criminal history checks will be conducted on each licensee or intern every 5 years.

Rules Coordinator: Becky Eklund—(503) 378-5499, ext. 3

833-120-0011

Purpose and Scope

(1) The purpose of these rules, OAR 833-120-0011 to 833-120-0041, is to provide for the screening under ORS 181.534 of licensees, registered interns, and applicants for licensure with the Oregon Board of Licensed Professional Counselors and Therapists to determine if they have a history of criminal behavior such that they would be unable to, or should not be allowed to, perform the services of a Licensed Professional Counselor or Licensed Marriage and Family Therapist.

(2) The following persons must take the steps necessary to complete a nationwide criminal history check under ORS 181.534:

(a) A person who, on or after January 1, 2010, submits an application for licensure to the Board in accordance with OAR 833 Division 20;

(b) A licensee or registered intern who, on or after January 1, 2010, submits an application for renewal of their license or status, and who has not completed a criminal history check within the past five years; and

(c) A licensee or registered intern who is the subject of inquiry or investigation by the board.

(3) A criminal history check of each licensee and registered intern will be conducted at least once every five years as part of the license or internship renewal process.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 2-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 11-10-11

833-120-0021

Requirements

(1) To complete a criminal history check, the Board will require each person to:

(a) Provide fingerprints on a standard Federal Bureau of Investigations (FBI) fingerprint card (additional fingerprints may be required if the initial fingerprint card is rejected by State Police or the FBI);

(A) Fingerprints must have been taken not more than 60 days prior to submission to the Board.

(B) Licensees and registered interns must submit fingerprints by their renewal date.

(b) Provide personal information necessary to obtain the criminal history check; and

(c) Pay the actual cost to the board of conducting the criminal history check as part of a licensing or application fee, including fees imposed by the Oregon State Police (OSP) or the FBI, and for certified court records or documents as needed.

(2) The Board may also request, and the applicant, licensee, or registered intern will provide, the following information:

(a) Responses to a criminal history questionnaire; and

(b) Written response to questions by the Board regarding the person’s criminal history.

(3) Exceptions. In lieu of completing a new criminal history check, a licensee, registered intern, or applicant may submit verification of a fingerprint-based, national criminal history check conducted within one year of the person’s application or renewal date by a Board approved agency.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 2-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 11-10-11

833-120-0031

Information Considered

(1) In reviewing the information obtained from a criminal history check, the Board will consider the following circumstances related to any criminal conviction, indictment, or pending indictment, arrest, and related information:

(a) The nature of the crime of which the person has been convicted, indicted, or arrested;

(b) The facts that support the conviction, indictment, or arrest;

(c) The relevancy to the specific requirements of the person’s position as a licensee or applicant;

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

(e) The age of the person at the time of the crime;

(f) The likelihood of a repetition of an offense or of the commission of another crime;

(g) Whether the person accepts responsibility for past actions;

(h) The commission of other relevant crimes;

(i) Whether the conviction was set aside and the legal effect of setting aside the conviction;

(j) A recommendation from an employer who employed the person after the conviction;

(k) Charges, arrests, and other behavior involving contact with law enforcement;

(l) Periods of incarceration;

(m) Compliance with parole, post-prison supervision, or probation;

(n) Drug or alcohol issues related to criminal activity including history of use, manufacturing, delivery, treatment, rehabilitation, and relapse;

(o) Other treatment or rehabilitation related to criminal activity includes assessments, evaluations, and risk assessments conducted before, after, or during treatment or rehabilitation;

(p) Protective services investigations or abuse and neglect reports;

(q) Local or national healthcare practitioner databases; and

(r) Previous complaints and investigations on file with the Board or any other licensing or professional oversight authority.

(2) False or misleading statements, or omissions made for the purpose of misleading the Board are grounds for denial of an application for licensure, refusal to renew a license or registered internship, or disciplinary action authorized under ORS 675.785.

(3) A refusal to submit or consent to a criminal records check including fingerprint identification will result in disciplinary action as mandated by ORS 181.534. In the case of such a refusal by an applicant, the Board will consider the application incomplete and the application will be denied.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 2-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 11-10-11

833-120-0041

Record Keeping and Confidentiality

(1) Information obtained by the board in carrying out its responsibilities under this rule is considered part of an investigation and is confidential under ORS 676.175.

(2) Information obtained directly from the Law Enforcement Data System will be managed by the Board in accordance with applicable OSP requirements.

(3) Fingerprint cards, if returned to the Board by OSP or the FBI will be destroyed. No copies, facsimiles, or other materials from which the fingerprints could be reproduced will be maintained by the Board.

(4) Criminal history information will not be disseminated by the Board, with the following exceptions:

(a) The subject of a fingerprint-based criminal history check may be provided a copy of the results, if requested in writing prior to the completion of the criminal history check process; and

(b) Criminal history information may be used as exhibits during a contested case hearing process.

(c) The Board may disclose criminal history information that reasonably relates to the regulatory or enforcement function of another public entity as authorized under ORS 676.177.

(5) Challenges to the accuracy or completeness of criminal background information must be made to the reporting agency and not to the Board.

(6) A person against whom disciplinary action is taken by the board on the basis of information obtained as the result of a criminal records check conducted pursuant to this rule is entitled to notice and hearing in accordance with the provisions for contested cases in ORS Chapter 183.

Stat. Auth.: ORS 675.785 - 675.835 & 676.160 - 676.180

Stats. Implemented: ORS 675.785 - 675.835

Hist.: BLPCT 1-2010, f. & cert. ef. 1-5-10; BLPCT 2-2011(Temp), f. 5-13-11, cert. ef. 5-15-11 thru 11-10-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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