Oregon Bulletin
June 1, 2011
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.
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