Oregon Statutes 443.008 – Fitness determinations; rules
(1) As used in this section:
Terms Used In Oregon Statutes 443.008
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) ‘Direct care services’ means services provided to clients of the Department of Human Services or the Oregon Health Authority by:
(A) An adult foster home, as defined in ORS § 443.705;
(B) A home care worker, as defined in ORS § 410.600;
(C) A residential facility, as defined in ORS § 443.400; or
(D) A service provider as defined in ORS § 427.101.
(b) ‘Fitness determination’ means the evaluation of whether a subject individual or other individual providing direct care services is fit to hold a position, provide direct care services or be granted a license, certification, registration or permit to provide direct care services.
(c) ‘Qualified entity’ has the meaning given that term in ORS § 181A.190.
(d) ‘Subject individual’ means a person who is:
(A) Employed by or who seeks to be employed by the authority or the department;
(B) A volunteer or who seeks to be a volunteer to provide care on behalf of the authority or the department; or
(C) Providing care or who seeks to provide care on behalf of the authority or the department.
(2) The department and the authority shall prescribe by rule the criteria to be considered in making fitness determination findings of abuse that are substantiated. The criteria must include the types of substantiated abuse for which a subject individual may be found to be unfit and conditions, if any, for the reinstatement of a subject individual who is found to be unfit.
(3) A subject individual who is found to be unfit is entitled to challenge the fitness determination in a contested case hearing conducted in accordance with ORS Chapter 183. The subject individual may not challenge a finding of substantiated abuse or criminal conviction that was the basis for the fitness determination but may contest the weight accorded the evidence, mitigating factors or other aspects of the evaluation. The individual may be represented by an attorney or other person or, if the individual is a member of a bargaining unit, by the certified or recognized exclusive representative for the bargaining unit.
(4) This section applies to fitness determinations for providers of direct care services conducted under ORS § 181A.195 (10) or 443.004 (7). [2019 c.517 § 1; 2021 c.97 § 59]
See second note under 443.001.
[Amended by 1963 c.164 § 1; repealed by 1969 c.641 § 19]