74th OREGON LEGISLATIVE ASSEMBLY--2007 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 732
 
                         House Bill 2175
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             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.
 
  Authorizes Department of Human Services to use abuse and
neglect reports to determine fitness of employees and volunteers
to provide care through department, community mental health and
developmental disabilities program, area agency on aging or local
health department.
 
                        A BILL FOR AN ACT
Relating to fitness of persons to provide care on behalf of the
  Department of Human Services.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in this section and section 2 of this
2007 Act:
  (1) 'Abuse and neglect report' means a report retained by the
Department of Human Services in accordance with ORS 124.085,
419B.030 or 430.757.
  (2) 'Care' means treatment, education, training, instruction,
placement services, recreational opportunities, case management
or the supervision of such services for children, individuals 62
years of age or older, or persons with disabilities.
  (3) 'Qualified entity' means a community mental health and
developmental disabilities program described in ORS 430.620, an
area agency on aging as described in ORS 410.040, a local health
department as defined in ORS 433.235 or any other person that
provides care or that licenses, certifies or registers others to
provide care.
  (4) 'Subject individual' means a person who is employed or
seeks to be employed by the Department of Human Services or a
qualified entity or who is providing care or seeks to provide
care on a contractual or volunteer basis on behalf of the
department or a qualified entity. + }
  SECTION 2.  { + (1) The Department of Human Services may
consider abuse and neglect reports maintained by the department
or similar reports filed in other states for the purpose of:
  (a) Screening subject individuals; or
  (b) Licensing, certifying or registering persons or employees
of qualified entities who provide care.
  (2) The department shall adopt rules for determining whether a
subject individual is fit to provide care, taking into account
abuse and neglect reports and the relevancy of those reports to
the subject individual's position or duties or the position or
duties for which the subject individual has made application.
  (3) If the department determines under rules adopted under
subsection (2) of this section that a subject individual is not
fit for the position or duties, the department shall provide
notice and opportunity for a hearing pursuant to rules adopted in
accordance with ORS chapter 183.
  (4) The department shall implement a system for maintaining all
abuse and neglect reports. Reports maintained under this
subsection are confidential and may not be disclosed for any
purpose other than in accordance with this section or any other
provision of law. + }
  SECTION 3.  { + (1) Section 2 of this 2007 Act applies to abuse
and neglect reports on file with or accessible by the Department
of Human Services on or after the effective date of this 2007
Act.
  (2) Section 2 of this 2007 Act applies to subject individuals
on and after the effective date of this 2007 Act and to licenses,
certificates and registrations of persons and employees of
qualified entities who provide care that are issued or renewed on
or after the effective date of this 2007 Act. + }
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