Division 120

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_833/833_120.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS

 

DIVISION 120

CRIMINAL HISTORY CHECKS
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) 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.
(3) 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 satisfied the Board’s criminal history
check requirements within the past five years; and
(c) A licensee or registered
intern who is the subject of inquiry or investigation by the board.
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;
Administrative correction 11-18-11; BLPCT 3-2011, f. 12-3-11, cert. ef. 12-15-11
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 $47.25 to the board
for costs charged by the Oregon State Police (OSP) and the FBI.
(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;
Administrative correction 11-18-11; BLPCT 3-2011, f. 12-3-11, cert. ef. 12-15-11
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;
Administrative correction 11-18-11; BLPCT 3-2011, f. 12-3-11, cert. ef. 12-15-11
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;
Administrative correction 11-18-11; BLPCT 3-2011, f. 12-3-11, cert. ef. 12-15-11

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