1. (1) As used in this rule:

   1. (a) “Applicant” means a person who has applied for a license from the Oregon Medical Board (Board).
   2. (b) “Petitioner” means a person who has requested the Board review their criminal history to determine whether it will prevent them from being granted a license by the Board.
2. (2) A person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board.
3. (3) The petitioner must submit the Board’s determination request form, relevant criminal history documentation, and the required $75 fee.
4. (4) The Executive Director has the authority to review a petitioner’s request under this rule and to determine whether the petitioner’s criminal conviction(s) prevent the person from obtaining a license issued by the Board.
5. (5) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a license if the person submits a completed application for a license.

6. (6) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant:

   1. (a) Has allegations or charges pending in criminal court;
   2. (b) Failed to disclose a previous criminal conviction;
   3. (c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for an occupational or professional license; or
   4. (d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for an occupational or professional license, became subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime.
7. (7) Failure to disclose a previous criminal conviction includes any misrepresentation of a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction.
8. (8) Nothing in this rule prohibits the Board from denying licensure for a reason other than conviction of a crime.

9. (9) A determination made under this rule:

   1. (a) Is subject to the same confidentiality requirements that are applicable to completed applications for a license; and
   2. (b) Is not considered a final determination of the Board.

Statutory/Other Authority

ORS 677.265 & Oregon Laws 2024, chapter 95, section 44 (SB 1552)

Statutes/Other Implemented

Oregon Laws 2024, chapter 95, section 44 (SB 1552), ORS 677.100, ORS 677.188(1), ORS 677.190, ORS 677.512, ORS 677.759 & ORS 677.820

History

OMB 8-2025, adopt filed 04/08/2025, effective 07/01/2025