In addition to the definitions in OAR 125-007-0210, 407-007-0010, and 407-007-0210, the following definitions apply to OAR 407-007-0600 to 407-007-0640:

1. (1) “Background check” means a criminal records check and an abuse check pursuant to OAR 407-007-0210 to 407-007-0370 and any additional checks as required per federal code or Oregon statute.
2. (2) “Background Check Registry (Registry)” means a comprehensive listing of subject individuals who meet the requirements of these rules.

3. (3) “Facility” means:

   1. (a) A long term care facility in Oregon as defined in ORS 442.015 including skilled nursing facilities and intermediate care facilities.
   2. (b) A residential facility as defined in ORS 443.400 including assisted living facilities, residential care facilities, residential training facilities, residential treatment facilities, residential training homes, residential treatment homes. Under these rules, “residential facility” does not include a secure residential treatment facility or residential training facility located on an Oregon State Hospital campus or otherwise operated by the state.
   3. (c) An adult foster home as defined in ORS 443.705.
   4. (d) Any programs licensed, certified, endorsed, or otherwise regulated by the Department of Human Services that deliver services to individuals with intellectual or developmental disabilities.
4. (4) “Good Standing,” defined in OAR 407-007-0210, means the SI is in an approved status on the registry and may continue to work without active supervision (see OAR 407-007-0315(7)) in an approved status in any current position listed for the SI.
5. (5) “Homecare worker” has the same meaning given in ORS 410.600, including but not limited to personal support workers and personal care attendants.

6. (6) “Permanent hire date” means:

   1. (a) The date that the background check has been approved or has a restricted approval, for the purposes of tracking the background check and any future required rechecks.
   2. (b) For SIs with portability, the permanent hire date also means the date entered into ORCHARDS for starting in a new position.
7. (7) “Portability,” defined in OAR 407-007-0210, means the ability of an SI to use one approved background check for a defined period of time for immediate hirability for a position offered by a QE within a group as determined by the Department.
8. (8) “Position” means the position listed in the background check request which determines whether the individual is an SI under OAR 407-007-0210.

9. (9) “Qualified entity (QE)” means:

   1. (a) A facility;
   2. (b) An Area Agency on Aging (AAA) office or a Department or Oregon county Aging and People with Disabilities program branch which enrolls homecare workers;
   3. (c) An agency, program or county office in Oregon serving individuals with intellectual or developmental disabilities;
   4. (d) An agency, program or county office in Oregon serving individuals with mental illness which assists an individual to complete personal support worker enrollment; or
   5. (e) The Department’s Children’s Intensive In-home Services program in accordance with OAR 411-0300-0100 to 411-300-0205.
   6. (f) A long term care referral entity pursuant to OAR 411-058-0000 to 411-058-0100.
   7. (g) A staffing agency which provides staffing services to long term care skilled nursing facilities, residential care facilities, or assisted living facilities; and completed background checks through BCU in accordance with OAR 407-007-0200 to 407-007-0370.
   8. (h) An in-home care agency as defined by ORS 443.305 which has enrolled to deliver Medicaid funded services as described in OAR 411-033-0000 to 411-033-0030 for Department clients.

Statutory/Other Authority

ORS 181A.195, 181A.200, 409.025, 409.027, ORS 409.050, 410.020, 411.060, 413.036, 443.006, 443.725, 443.735 & Or. Law 2026 ch. 59 (2026 HB 4115)

Statutes/Other Implemented

ORS 181A.195, 181A.200, 409.025, 409.027, 411.060, 443.006, 409.010, 443.004 & Or. Law 2026 ch. 59 (2026 HB 4115)

History

DHS 1-2026, temporary amend filed 05/29/2026, effective 06/05/2026 through 12/01/2026
DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021
DHS 7-2021, temporary amend filed 06/25/2021, effective 06/25/2021 through 12/21/2021
DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020
DHSD 18-2019, temporary amend filed 09/26/2019, effective 09/27/2019 through 03/24/2020
DHSD 31-2018, amend filed 11/28/2018, effective 12/01/2018
DHSD 13-2018, temporary amend filed 06/29/2018, effective 07/01/2018 through 12/27/2018
DHSD 5-2018, amend filed 03/13/2018, effective 03/13/2018
DHSD 11-2017(Temp), f. & cert. ef. 9-15-17 thru 3-13-18
DHSD 3-2014, f. & cert. ef. 12-1-14