(1) A temporary staffing agency authorized under ORS § 676.698, shall:

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(a) Ensure all personnel the temporary staffing agency employs or for whom the temporary staffing agency procures temporary employment or that the temporary staffing agency refers or assigns to temporary employment, for the practice or performance of the services provided by the personnel:

(A) Meets any professional authorization or qualification requirements established;

(B) Has completed any state or nationwide criminal records check required for the position in which the personnel is employed or to which the personnel is assigned or referred;

(C) Has completed any required training and continuing education for the position in which the personnel is employed or to which the personnel is assigned or referred;

(D) Possesses the necessary skills, knowledge and experience and meet any other relevant requirements for the position in which the personnel is employed or to which the personnel is assigned or referred; and

(E) Complies with any relevant requirements related to the health of staff employed by the entity at which the personnel is employed or to which the personnel is assigned or referred.

(b) Assign personnel to settings for which the personnel has the appropriate work experience and background to provide the services required by the specific setting.

(c) Retain records for at least 10 years in a manner that makes the records immediately available to the Health Licensing Office upon request of the office.

(d) Meet any other requirements established by the office by rule.

(2) A temporary staffing agency authorized under ORS § 676.698, may charge to an entity that engages the temporary staffing agency fees or other amounts related to or associated with the subsequent hiring of personnel by the entity, or pay to the entity such fees or amounts if the temporary staffing agency hires the entity’s staff members, if:

(a) The entity or the temporary staffing agency directly solicits, or attempts to solicit, employment of the personnel or the entity’s staff members; and

(b) An agreement between the temporary staffing agency and the entity allows each party to charge to or receive from the other party the fees or amounts described in this subsection. [2022 c.92 § 5; 2023 c.506 § 4]