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OAR 407-007-0220 - Background Check Required
OregonregulationOregon Department of Human Services / Oregon Health Authority (Background Check Unit)
What this rule requires your agency to do
- 1The provider/qualified entity (QE) must ensure a subject individual, including a homecare worker or personal support worker, has a completed background check when the individual becomes an SI on or after the effective date, changes employers to a different QE, or changes to a position that requires a background check. (OAR 407-007-0220(1)(a)-(d))(OAR 407-007-0220 - Background Check Required)
- 2The QE or Background Check Unit must initiate a new background check when there is reason to believe one is justified, including credible evidence of new potentially disqualifying convictions or conditions, lapses in work, or quality assurance monitoring. (OAR 407-007-0220(1)(g))(OAR 407-007-0220 - Background Check Required)
- 3The agency/QE must limit background checks to individuals who meet the qualifications for the position per the background check request, position description, and applicable program rules, and may not screen applicants who do not meet those qualifications. (OAR 407-007-0220(11))(OAR 407-007-0220 - Background Check Required)
- 4The provider must not require a homecare or personal support worker to obtain a new background check when adding client employers if the worker holds a Department background check notice showing approval dated within the recheck period and listing the worksite as 'various,' 'various clients,' 'statewide,' or a similar designation. (OAR 407-007-0220(4))(OAR 407-007-0220 - Background Check Required)
- 5The QE must allow personal care services and respite providers to change or add clients within the same QE, Department, or Authority district without a new background check when prior documentation shows approval within the preceding 24 months. (OAR 407-007-0220(5))(OAR 407-007-0220 - Background Check Required)
Applies to: home care / personal care / HCBS direct care workers
Oregon rule requiring background checks (criminal records and abuse checks) for "subject individuals" (SIs) including homecare workers and personal support workers before and during positions with direct client contact, administered by the DHS/OHA Background Check Unit. Related statute ORS 443.004 mandates criminal records checks for employees and volunteers providing direct care.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.