Bill Text: OR HB2770 | 2013 | Regular Session | Introduced

Oregon House Bill 2770 (Prior Session Legislation)

Bill Title: Relating to prohibition on use of public funds to pay home care worker with specified criminal history; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2770 Detail]

Download: Oregon-2013-HB2770-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1050

                         House Bill 2770

Sponsored by COMMITTEE ON HUMAN SERVICES AND HOUSING

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits use of public funds to pay home care worker who has
specified criminal history.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to prohibition on use of public funds to pay home care
  worker with specified criminal history; amending ORS 443.004;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 443.004, as amended by section 17, chapter 70,
Oregon Laws 2012, is amended to read:
  443.004. (1) The Department of Human Services or the Oregon
Health Authority shall complete a criminal records check under
ORS 181.534 on:
  (a) An employee of a residential facility or an adult foster
home;
  (b) Any individual who is paid directly or indirectly with
public funds who has or will have contact with a recipient of
support services or a resident of an adult foster home or a
residential facility; and
  (c) A home care worker registering with the Home Care
Commission or renewing a registration with the Home Care
Commission.
  (2)(a) A home health agency shall conduct a criminal background
check before hiring or contracting with an individual and before
allowing an individual to volunteer to provide services on behalf
of the home health agency, if the individual will have direct
contact with a patient of the home health agency.
  (b) An in-home care agency shall conduct a criminal background
check before hiring or contracting with an individual and before
allowing an individual to volunteer to provide services on behalf
of the in-home care agency, if the individual will have direct
contact with a client of the in-home care agency.
  (c) The authority shall prescribe by rule the process for
conducting a criminal background check.
  (3) Public funds may not be used to support, in whole or in
part, the employment in any capacity having contact with a
recipient of  { + home care services or + } support services or a
resident of a residential facility or an adult foster home, of an
individual, other than a mental health or substance abuse
treatment provider, who has been convicted:
  (a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.547, 163.689,
163.700, 164.055, 164.057, 164.098, 164.125 (5)(c) or (d),
164.215, 164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415,
165.013, 165.022, 165.032, 165.800, 165.803, 167.012, 167.017,
167.057, 167.320 or 167.322;
  (b) Notwithstanding paragraph (a) of this subsection, of a
crime described in ORS 163.465, 163.467, 163.700, 164.055,
164.125 or 164.377, the date of conviction for which was within
the five years immediately preceding employment in any capacity
of an individual, other than a mental health or substance abuse
treatment provider, having contact with a recipient of support
services, a resident of a residential facility or a resident of
an adult foster home, when the recipient or resident is 65 years
of age or older;
  (c) Of a crime listed in ORS 181.594;
  (d) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
  (e) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (d) of this subsection; or
  (f) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (e) of this subsection.
  (4) If the criminal background check conducted by a home health
agency or in-home care agency under subsection (2) of this
section reveals that the individual who is subject to the
criminal background check has been convicted of any of the crimes
described in subsection (3) of this section, the home health
agency or in-home care agency may not employ the individual.
  (5) Public funds may not be used to support, in whole or in
part, the employment, in any capacity having contact with a
recipient of  { + home care services or + } support services or a
resident of a residential facility or an adult foster home, of a
mental health or substance abuse treatment provider who has been
convicted of committing, or convicted of an attempt, conspiracy
or solicitation to commit, a crime described in ORS 163.095,
163.115, 163.375, 163.405, 163.411 or 163.427.
  (6) Upon the request of a mental health or substance abuse
treatment provider, the department or authority shall maintain a
record of the results of any fitness determination made under ORS
181.534 (11) and (12). The department or authority may disclose
the record only to a person the provider specifically authorizes,
by a written release, to receive the information.
  (7) If the department or authority has a record of
substantiated abuse committed by an employee or potential
employee of a home health agency, in-home care agency, adult
foster home or residential facility, regardless of whether
criminal charges were filed, the department or authority shall
notify, in writing, the employer and the employee or potential
employee.
  (8) As used in this section:
  (a) 'Adult foster home' has the meaning given that term in ORS
443.705.
   { +  (b) 'Home care services' has the meaning given that term
in ORS 410.600. + }
    { - (b) - }   { + (c) + } 'Home care worker' has the meaning
given that term in ORS 410.600.
    { - (c) - }   { + (d) + } 'Home health agency' has the
meaning given that term in ORS 443.005.
    { - (d) - }   { + (e) + } 'In-home care agency' has the
meaning given that term in ORS 443.305.
    { - (e) - }   { + (f) + } 'Mental health or substance abuse
treatment provider' means:
  (A) A peer support specialist;
  (B) An employee of a residential treatment facility or a
residential treatment home that is licensed under ORS 443.415 to
provide treatment for individuals with alcohol or drug
dependence;
  (C) An individual who provides treatment or services for
persons with substance use disorders; or
  (D) An individual who provides mental health treatment or
services.
    { - (f) - }   { + (g) + } 'Peer support specialist' means a
person who:
  (A) Is providing peer support services as defined by the
authority by rule;
  (B) Is under the supervision of a qualified clinical
supervisor;
  (C) Has completed training required by the authority; and
  (D) Is currently receiving or has formerly received mental
health services, or is in recovery from a substance use disorder
and meets the abstinence requirements for staff providing
services in alcohol or other drug treatment programs.
    { - (g) - }   { + (h) + } 'Residential facility' has the
meaning given that term in ORS 443.400.
  SECTION 2.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------