HB 4115

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
  Enrolled
  House Bill 4115
Sponsored by Representatives NATHANSON, SCHARF, PHAM H; Representatives ANDERSEN,
   GAMBA, HARBICK, JAVADI, RIEKE SMITH, WALTERS, WISE, Senator GELSER BLOUIN
   (Presession filed.)
  CHAPTER .................................................
  AN ACT
Relating to health care providers; creating new provisions; amending ORS 181A.195, 181A.200,
    443.004 and 443.008; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
     SECTION 1. ORS 443.004 is amended to read:
     443.004. (1) As used in this section:
     (a) “Adult foster home” has the meaning given that term in ORS 443.705.
     (b) “Home care worker” has the meaning given that term in ORS 410.600.
     (c) “Home health agency” has the meaning given that term in ORS 443.014.
     (d) “In-home care agency” has the meaning given that term in ORS 443.305.
     (e) “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 de-
pendence;
     (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) “Peer support specialist” has the meaning given that term in ORS 414.025.
     (g) “Personal support worker” has the meaning given that term in ORS 410.600.
     (h) “Residential facility” has the meaning given that term in ORS 443.400, except that
“residential facility” does not include a secure residential treatment facility that is located
on an Oregon State Hospital campus or otherwise operated by the state.
     (i) “Valid criminal records check” means a current, approved criminal records check that
was completed by the background check unit of the Department of Human Services pursuant
to this section.
     [(1)(a)] (2)(a) The department [of Human Services] or the Oregon Health Authority shall com-
plete a criminal records check under ORS 181A.195 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
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     (C) A home care worker or personal support worker registering with the Home Care Commis-
sion or renewing a registration with the Home Care Commission.
     (b) [The department or the authority shall complete the criminal records check under paragraph (a)
of this subsection not more than once during an 18-month period] A criminal records check under
this subsection shall last for three years unless the department or the authority:
     (A) Receives credible evidence of a new criminal conviction;
     (B) Receives credible evidence to substantiate a complaint of abuse or neglect;
     (C) Is required by federal law to conduct more frequent criminal records checks;
     (D) Is notified that a subject individual has changed positions or duties for which there are
different criminal records check requirements; or
     (E) Determines, under criteria set forth in rules adopted by the department or the authority,
that it would be burdensome for a subject individual to wait for a new criminal records check.
     [(2)(a)] (3)(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 con-
tracting 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. Except as provided by the authority by rule, a criminal background check under this
subsection shall last for three years.
     (4)(a) If an individual has a valid criminal records check and is seeking to work in any
of the care settings described in subsections (2) and (3) of this section, the department or
the authority may not require a new criminal records check to be completed solely on the
basis that the individual is seeking to change employer or care setting.
     (b) The department and the authority shall publish on their websites the requirements
and process for a valid criminal records check to be portable to a new employer or care
setting.
     [(3)] (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 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, 163.107, 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, 163.701, 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, 163.701, 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 res-
ident is 65 years of age or older;
     (c) Of a crime listed in ORS 163A.005;
     (d) In the last 10 years, of a crime involving the delivery or manufacture of a controlled sub-
stance;
     (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.
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     [(4)] (6) If the criminal background check conducted by a home health agency or in-home care
agency under subsection [(2)] (3) 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)] (5)
of this section, the home health agency or in-home care agency may not employ the individual.
     [(5)] (7) Public funds may not be used to support, in whole or in part, the employment, in any
capacity having contact with a recipient of 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, 163.107, 163.115, 163.375, 163.405, 163.411 or 163.427.
     [(6)] (8) Upon the request of a mental health or substance abuse treatment provider, the de-
partment or authority shall maintain a record of the results of any fitness determination made under
ORS 181A.195 (10). The department or authority may disclose the record only to a person the pro-
vider specifically authorizes, by a written release, to receive the information.
     [(7)] (9) 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 author-
ity shall notify, in writing, the employer and the employee or potential employee and may conduct
a fitness determination in accordance with this section and ORS 181A.195.
     [(8) As used in this section:]
     [(a) “Adult foster home” has the meaning given that term in ORS 443.705.]
     [(b) “Home care worker” has the meaning given that term in ORS 410.600.]
     [(c) “Home health agency” has the meaning given that term in ORS 443.014.]
     [(d) “In-home care agency” has the meaning given that term in ORS 443.305.]
     [(e) “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) “Peer support specialist” has the meaning given that term in ORS 414.025.]
     [(g) “Personal support worker” has the meaning given that term in ORS 410.600.]
     [(h) “Residential facility” has the meaning given that term in ORS 443.400.]
     SECTION 2. No later than 90 days after the effective date of this 2026 Act, the Depart-
ment of Human Services and the Oregon Health Authority shall notify facilities or organ-
izations that employ individuals subject to a criminal records check under ORS 443.004 that
the cycle for conducting a new criminal records check on a subject individual has been ex-
tended to three years.
     SECTION 3. The amendments to ORS 443.004 by section 1 of this 2026 Act apply to
criminal records checks completed on or after the effective date of this 2026 Act.
     SECTION 4. (1) As used in this section:
     (a) “Agency” means an organization that has received a certificate of approval from the
Oregon Health Authority to provide behavioral health services.
     (b) “Behavioral health provider” means an individual who is licensed, certified or other-
wise authorized to provide behavioral health services in this state.
     (2) The Oregon Health Authority shall communicate to behavioral health providers and
agencies and publish on the authority’s website clear information about:
     (a) The process by which a credentialed behavioral health provider may update the
provider’s contact information or employer with the authority; and
     (b) When a credentialed behavioral health provider is required to undergo a new back-
ground check.
     SECTION 5. (1) As used in this section:
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    (a) “Agency” has the meaning given that term in section 4 of this 2026 Act.
    (b) “Behavioral health provider” has the meaning given that term in section 4 of this 2026
Act.
    (c) “Coordinated care organization” has the meaning given that term in ORS 414.025.
    (2) For a behavioral health provider who is employed by an agency that contracts with
a coordinated care organization, the coordinated care organization shall reimburse the pro-
vider for the cost of services provided to a member of the coordinated care organization
retroactively to the date that the provider submitted to the Oregon Health Authority an
application for enrollment in the state medical assistance program that resulted in the as-
signment of a provider identification number.
    (3) If a credentialed behavioral health provider begins working for a new agency, a co-
ordinated care organization may not require the provider to submit a new credentialing ap-
plication based solely on the provider’s change in employer.
    SECTION 6. ORS 181A.195 is amended to read:
    181A.195. (1) As used in this section:
    (a) “Authorized agency” means state government as defined in ORS 174.111, the Oregon State
Bar or a municipal tax collection agency in a city with a population of 250,000 or more. “Author-
ized agency” does not include:
    (A) The Oregon State Lottery Commission or the Oregon State Lottery; or
    (B) A criminal justice agency, as defined in ORS 181A.010, that is authorized by federal law to
receive fingerprint-based criminal records checks from the Federal Bureau of Investigation.
    (b) “Subject individual” means a person from whom an authorized agency may require
fingerprints pursuant to statute for the purpose of enabling the authorized agency to request a state
or nationwide criminal records check.
    (2)(a) An authorized agency may request that the Department of State Police conduct a criminal
records check on a subject individual for noncriminal justice purposes.
    (b) An authorized agency may request that the department conduct a criminal records check on
a subject individual who is a contractor or vendor and who provides services to the authorized
agency when access to criminal offender information is required to perform noncriminal justice ad-
ministrative functions on behalf of the authorized agency. Criminal records checks performed under
this paragraph are subject to state and federal criminal offender information access policies. An
authorized agency shall conduct fitness determinations for contractors and vendors in coordination
with the department.
    (c) If a nationwide criminal records check of a subject individual is necessary, the authorized
agency may request that the department conduct the check, including fingerprint identification,
through the Federal Bureau of Investigation.
    (3) The Department of State Police shall provide the results of a criminal records check con-
ducted pursuant to subsection (2) of this section to the authorized agency requesting the check.
    (4) The Federal Bureau of Investigation shall return or destroy the fingerprint cards used to
conduct the criminal records check and may not keep any record of the fingerprints, except that the
Federal Bureau of Investigation may retain the fingerprint cards and records of the fingerprints for
purposes described in ORS 181A.205. If the federal bureau policy authorizing return or destruction
of the fingerprint cards is changed, the Department of State Police shall cease to send the cards to
the federal bureau but shall continue to process the information through other available resources.
    (5) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of
State Police, the Department of State Police shall destroy the fingerprint cards and may not retain
facsimiles or other material from which a fingerprint can be reproduced, except that the Department
of State Police may retain the fingerprint cards or create facsimiles for the purpose of providing
information under ORS 181A.205 and for purposes of data security under subsection (12) of this
section.
    (6) If only a state criminal records check is conducted, after the criminal records check is
completed, the Department of State Police shall destroy the fingerprint cards and the results of the
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criminal records check provided to the authorized agency and may not retain facsimiles or other
material from which a fingerprint can be reproduced, except that the Department of State Police
may retain the fingerprint cards and results or create facsimiles for the purpose of providing infor-
mation under ORS 181A.205.
     (7) An authorized agency may conduct criminal records checks on subject individuals through
the Law Enforcement Data System maintained by the Department of State Police in accordance with
rules adopted, and procedures established, by the Department of State Police.
     (8) An authorized agency and the Department of State Police shall permit a subject individual
for whom a fingerprint-based criminal records check was conducted to inspect the individual’s own
state and national criminal offender records and, if requested by the subject individual, provide the
individual with a copy of the individual’s own state and national criminal offender records.
     (9) Each authorized agency, in consultation with the Department of State Police, may adopt
rules to implement this section and other statutes relating to criminal offender information obtained
through fingerprint-based criminal records checks. The rules may include but need not be limited
to:
     (a) Identifying applicable categories of subject individuals as specified by the Oregon Depart-
ment of Administrative Services under ORS 181A.215 who are subject to criminal records checks
by the authorized agency.
     (b) Identifying applicable information that may be required from a subject individual to permit
a criminal records check as specified by the Oregon Department of Administrative Services under
ORS 181A.215.
     (c) Specifying which programs or services are subject to this section.
     (d) If the authorized agency uses criminal records checks for agency employment purposes:
     (A) Determining when and under what conditions a subject individual may be hired on a pre-
liminary basis pending a criminal records check; and
     (B) Defining the conditions under which a subject individual may participate in training, orien-
tation and work activities pending completion of a criminal records check.
     (e) Establishing fees in an amount not to exceed the actual cost of acquiring and furnishing
criminal offender information.
     (10)(a) Except as otherwise provided in ORS 181A.400, 181A.875, 342.143, 342.223, 443.735,
475C.770 to 475C.919 and 703.090 and paragraph (d) of this subsection, an authorized agency, using
the rules adopted by the Oregon Department of Administrative Services under ORS 181A.215, shall
determine whether a subject individual is fit to hold a position, provide services, be employed or be
granted a license, certification, registration or permit. If a subject individual is determined to be
unfit, then the individual may not hold the position, provide services, be employed or be granted a
license, certification, registration or permit.
     (b)(A) Subject to subparagraph (B) of this paragraph, an authorized agency making a fitness
determination of an individual under this subsection may request results of a previously made fitness
determination from an authorized agency that has already made a fitness determination for the in-
dividual. An authorized agency that receives a request under this paragraph shall provide the re-
quested information.
     (B) An authorized agency may make a request under this paragraph only for individuals:
     (i) Who are applying to hold a position, provide services, be employed or be granted a license,
certification, registration or permit;
     (ii) Who are in a category of individuals as specified by the Oregon Department of Administra-
tive Services by rule under ORS 181A.215; and
     (iii) For whom a fitness determination has already been made.
     (c) Except as otherwise provided in ORS 181A.400, in making the fitness determination under
this subsection, the authorized agency shall consider:
     (A) The nature of the crime;
     (B) The facts that support the conviction or pending indictment or that indicate the making of
a false statement;
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     (C) The relevancy, if any, of the crime or the false statement to the specific requirements of the
subject individual’s present or proposed position, services, employment, license, certification or
registration; and
     (D) Intervening circumstances relevant to the responsibilities and circumstances of the position,
services, employment, license, certification, registration or permit, such as:
     (i) The passage of time since the commission of the crime;
     (ii) The age of the subject individual at the time of the crime;
     (iii) The likelihood of a repetition of offenses or of the commission of another crime;
     (iv) The subsequent commission of another relevant crime;
     (v) Whether the conviction was set aside and the legal effect of setting aside the conviction; and
     (vi) The recommendation of an employer.
     (d) A subject individual is not entitled to a fitness determination under this subsection if the
subject individual:
     (A) Is or seeks to be employed in any capacity having contact with a recipient of support ser-
vices or a resident of a residential facility or adult foster home, as provided in ORS 443.004 [(3)]
(5), and has been convicted of any crime listed in ORS 443.004 [(3)] (5) or [(5)] (7).
     (B) Is prohibited by federal law from holding a position, providing services, being employed or
being granted a license, certification, registration or permit for which the fitness determination is
requested by an authorized agency.
     (11)(a) In conducting a fitness determination regarding a subject individual other than an indi-
vidual described in paragraph (b) of this subsection, the Department of Human Services or the
Oregon Health Authority may not consider:
     (A) A conviction that is more than 10 years old unless the conviction is for a crime listed in
ORS 443.004 [(3)] (5) or [(5)] (7);
     (B) A charge or arrest for which there was no conviction unless the charge or arrest is for a
crime listed in ORS 443.004 [(3)] (5) or [(5)] (7);
     (C) A conviction on a charge relating to marijuana if the charge is no longer a criminal offense;
     (D) A conviction under ORS 813.010 or 830.325, or a misdemeanor conviction under a law in
another jurisdiction that imposes criminal penalties for operating a vehicle or boat while under the
influence of intoxicants, if the subject individual had no more than one conviction described in this
subparagraph in the five-year period prior to the date of the criminal records check;
     (E) A deferred sentence, conditional discharge or participation in a diversion program for any
crime unless the crime is listed in ORS 443.004 [(3)] (5) and [(5)] (7); and
     (F) A pending indictment for a crime unless the crime is listed in ORS 443.004 [(3)] (5) or [(5)]
(7).
     (b) The department or the authority may consider a charge, arrest, conviction, deferred sen-
tence, conditional discharge, participation in a diversion program or pending indictment that may
not be considered under paragraph (a) of this subsection in making a fitness determination for a
subject individual who is:
     (A) Described in ORS 418.016;
     (B) An employee, volunteer, contractor or provider in, or an agent of, a proctor foster home as
defined in ORS 418.205 or a child-caring agency as defined in ORS 418.205;
     (C) An exempt family child care provider, as defined in ORS 329A.430, the provider’s household
members who are 16 years of age or older or a frequent visitor of a provider who is subject to a
criminal records check;
     (D) An employee or volunteer in a facility that:
     (i) Provides care to children and is operated by a school district, as defined in ORS 332.002, a
political subdivision of this state, a preschool recorded program, as defined in ORS 329A.250, or a
government agency; and
     (ii) Is not required to be certified under ORS 329A.280; or
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    (E) An emergency medical services provider, as defined in ORS 682.025, for the purpose of de-
termining the fitness of the emergency medical services provider to receive or hold a license under
ORS 670.280.
    (12)(a) Criminal offender information is confidential. Authorized agencies and the Department
of State Police shall adopt rules to restrict dissemination of information received under this section
to persons with a demonstrated and legitimate need to know the information.
    (b) For each employee, contractor or vendor of an authorized agency who is required to have
access to or review criminal offender information for noncriminal justice purposes, the authorized
agency shall:
    (A) Conduct a state and nationwide fingerprint-based criminal records check;
    (B) Ensure that the employee, contractor or vendor meets the security background check re-
quirements of the Federal Bureau of Investigation Criminal Justice Information Services Security
Policy for having unescorted access to criminal offender information; and
    (C) Pay fees as required under subsection (9) of this section.
    (13) If a subject individual refuses to consent to the criminal records check or refuses to be
fingerprinted, the authorized agency shall deny the employment of the individual, or revoke or deny
any applicable position, authority to provide services, license, certification, registration or permit.
    (14) If an authorized agency requires a criminal records check of employees, prospective em-
ployees, contractors, vendors or volunteers or applicants for a license, certification, registration or
permit, the application forms of the authorized agency must contain a notice that the person is
subject to fingerprinting and a criminal records check.
    SECTION 7. ORS 181A.200 is amended to read:
    181A.200. (1) As used in this section:
    (a) “Care” means the provision of care, treatment, education, training, instruction, supervision,
placement services, recreation or support to children, the elderly or persons with disabilities.
    (b) “Native American tribe” has the meaning given that term in ORS 181A.210 (4).
    (c) “Qualified entity” means a community mental health program, a community developmental
disabilities program, a local health department, the government of a Native American tribe or an
agency of a Native American tribe responsible for child welfare or an individual or business or or-
ganization, whether public, private, for-profit, nonprofit or voluntary, that provides care, including
a business or organization that licenses, certifies or registers others to provide care.
    (2) For the purpose of requesting a state or nationwide criminal records check under ORS
181A.195, the Department of Human Services, the Oregon Health Authority and the Employment
Department may require the fingerprints of a person:
    (a) Who is employed by or is applying for employment with either department or the authority;
    (b) Who provides or seeks to provide services to either department or the authority as a con-
tractor, subcontractor, vendor or volunteer who:
    (A) May have contact with recipients of care;
    (B) Has access to personal information about employees of either department or the authority,
recipients of care from either department or the authority or members of the public, including Social
Security numbers, dates of birth, driver license numbers, medical information, personal financial in-
formation or criminal background information;
    (C) Has access to information the disclosure of which is prohibited by state or federal laws,
rules or regulations, or information that is defined as confidential under state or federal laws, rules
or regulations;
    (D) Has access to property held in trust or to private property in the temporary custody of the
state;
    (E) Has payroll or fiscal functions or responsibility for:
    (i) Receiving, receipting or depositing money or negotiable instruments;
    (ii) Billing, collections, setting up financial accounts or other financial transactions; or
    (iii) Purchasing or selling property;
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     (F) Provides security, design or construction services for government buildings, grounds or fa-
cilities;
     (G) Has access to critical infrastructure or secure facilities information; or
     (H) Is providing information technology services and has control over or access to information
technology systems;
     (c) For the purposes of licensing, certifying, registering or otherwise regulating or administering
programs, persons or qualified entities that provide care;
     (d) For the purposes of employment decisions by or for qualified entities that are regulated or
otherwise subject to oversight by the Department of Human Services or the Oregon Health Au-
thority and that provide care;
     (e) For the purposes of employment decisions made by a mass transit district or transportation
district for qualified entities that, under contracts with the district or the Oregon Health Authority,
employ persons to operate motor vehicles for the transportation of medical assistance program cli-
ents; or
     (f) For the purposes of licensure, certification or registration of foster homes by the government
of a Native American tribe or an agency of a Native American tribe responsible for child welfare.
     (3) The Department of Human Services and the Oregon Health Authority may conduct criminal
records checks on a person through the Law Enforcement Data System maintained by the Depart-
ment of State Police, if deemed necessary by the Department of Human Services or the Oregon
Health Authority to protect children, elderly persons, persons with disabilities or other vulnerable
persons.
     (4) The Department of Human Services and the Oregon Health Authority may furnish to quali-
fied entities, in accordance with the rules of the Department of Human Services or the Oregon
Health Authority and the rules of the Department of State Police, information received from the
Law Enforcement Data System. However, any criminal offender records and information furnished
to the Department of Human Services or the Oregon Health Authority by the Federal Bureau of
Investigation through the Department of State Police may not be disseminated to qualified entities.
     (5)(a) Except as otherwise provided in ORS 443.735 and 475C.770 to 475C.919, a qualified entity,
subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215,
shall determine under this section whether a person is fit to hold a position, provide services, be
employed or, if the qualified entity has authority to make such a determination, be licensed, certified
or registered. If a person is determined to be unfit, then that person may not hold the position,
provide services or be employed, licensed, certified or registered.
     (b) A person prohibited from receiving public funds for employment under ORS 443.004 [(3)] (5)
is not entitled to a determination of fitness under this subsection.
     (c) In making the fitness determination under this subsection, the qualified entity shall consider:
     (A) The nature of the crime;
     (B) The facts that support the conviction or pending indictment or indicate the making of a false
statement;
     (C) The relevancy, if any, of the crime or the false statement to the specific requirements of the
person’s present or proposed position, services, employment, license, certification or registration;
and
     (D) Intervening circumstances relevant to the responsibilities and circumstances of the position,
services, employment, license, certification or registration, such as:
     (i) The passage of time since the commission of the crime;
     (ii) The age of the person at the time of the crime;
     (iii) The likelihood of a repetition of offenses;
     (iv) The subsequent commission of another relevant crime; and
     (v) The recommendation of an employer.
     (6) The Department of Human Services and the Oregon Health Authority, subject to rules
adopted by the Oregon Department of Administrative Services under ORS 181A.215, shall develop
systems that maintain information regarding criminal records checks in order to minimize the ad-
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ministrative burden imposed by this section and ORS 181A.195. Records maintained under this sub-
section are confidential and may not be disseminated except for the purposes of this section and in
accordance with the rules of the Department of Human Services, the Oregon Health Authority and
the Department of State Police. Nothing in this subsection permits the Department of Human Ser-
vices to retain fingerprint cards obtained pursuant to this section.
     (7) In addition to the rules required by ORS 181A.195, the Department of Human Services and
the Oregon Health Authority, in consultation with the Department of State Police, shall adopt rules:
     (a) Specifying which qualified entities are subject to this section;
     (b) Specifying which qualified entities may request criminal offender information;
     (c) Specifying which qualified entities are responsible for deciding, subject to rules adopted by
the Oregon Department of Administrative Services under ORS 181A.215, whether a subject individ-
ual is not fit for a position, service, license, certification, registration or employment; and
     (d) Specifying when a qualified entity, in lieu of conducting a completely new criminal records
check, may proceed to make a fitness determination under subsection (5) of this section using the
information maintained by the Department of Human Services and the Oregon Health Authority
pursuant to subsection (6) of this section.
     (8) If a person refuses to consent to the criminal records check or refuses to be fingerprinted,
the qualified entity shall deny or terminate the employment of the person, or revoke or deny any
applicable position, authority to provide services, employment, license, certification or registration.
     (9) If the qualified entity requires a criminal records check of employees or other persons, the
application forms of the qualified entity must contain a notice that employment is subject to
fingerprinting and a criminal records check.
     SECTION 8. ORS 443.008 is amended to read:
     443.008. (1) As used in this section:
     (a) “Direct care services” means services provided to clients of the Department of Human Ser-
vices 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 indi-
vidual 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 determi-
nation in a contested case hearing conducted in accordance with ORS chapter 183. The subject in-
dividual 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 per-
son 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)] (9).
Enrolled House Bill 4115 (HB 4115-A)  Page 9
   SECTION 9. This 2026 Act takes effect on the 91st day after the date on which the 2026
regular session of the Eighty-third Legislative Assembly adjourns sine die.
Passed by House February 27, 2026  Received by Governor:
  ........................M.,........................................................., 2026
       ..................................................................................
  Approved:
  Timothy G. Sekerak, Chief Clerk of House
  ........................M.,........................................................., 2026
       ..................................................................................
  Julie Fahey, Speaker of House
  ..................................................................................
  Tina Kotek, Governor
Passed by Senate March 4, 2026
  Filed in Office of Secretary of State:
       ..................................................................................   ........................M.,........................................................., 2026
  Rob Wagner, President of Senate
  ..................................................................................
  Tobias Read, Secretary of State
Enrolled House Bill 4115 (HB 4115-A)  Page 10