Current through Register Vol. 63, No. 9, September 1, 2024
(1) For
the purpose of this rule, the following terms are defined:
(a) "Certified health care interpreter" has
the meaning given in ORS
413.550,
an individual who has been approved and certified by the Oregon Health
Authority under ORS
413.558.
(b) "Limited English proficient" or "LEP"
means a level of English proficiency that is insufficient to ensure equal
access to public services without an interpreter.
(c) "Qualified health care interpreter" has
the meaning given in ORS
413.550,
an individual who has been issued a valid letter of qualification from the
authority under ORS
413.558.
(2) Oregon Medical Board
licensees, reimbursed with public funds, in whole or in part, must utilize
qualified or certified health care interpreters from the Oregon Health
Authority's health care interpreter central registry when arranging for or
providing services to a person with LEP or who prefers to communicate in a
language other than English or who communicates in signed language for onsite
interpreting and no later than July 1, 2023, for remote interpreting.
Exceptions are allowed when the licensee:
(a)
Has documented proficiency in the preferred language of the person with LEP or
communicates in the signed language of choice. The licensee must adopt a
language services policy, and abide by language proficiency requirements,
consistent with nationally recognized professional standards of care as
outlined by organizations such as the American Medical Association, the Joint
Commission, the National Committee for Quality Assurance or another equivalent
national standard; or
(b) Has made
a good faith effort to obtain a health care interpreter from the central
registry and has found that none are available to provide interpreting. In this
circumstance, the licensee may work with the non-registered interpreter for
that visit or episode of care. For each visit or episode of care that a
licensee works with a non-registered interpreter, the licensee must create and
maintain records of the good faith efforts made by the licensee to work with an
interpreter from the central registry. At a minimum, licensees must develop and
maintain policies, processes, and outcomes describing:
(A) The steps the licensee takes to work with
an interpreter from the central registry for a health care
appointment;
(B) The efforts the
licensee makes to reduce reliance on interpreters who are not on the central
registry; and
(C) How the licensee
efforts are increasing the number of health care interpreting appointments
scheduled with interpreters from the central registry; or
(c) Has maintained records that the person
with LEP or who is Deaf or Hard of Hearing was offered services of a health
care interpreter from the health care interpreter central registry at no cost
to the person with LEP or who is Deaf or Hard of Hearing and the person with
LEP or who is Deaf or Hard of Hearing has declined and chosen a different
interpreter.
(3) Licensee
must ensure records are maintained of each encounter in which the licensee
worked with a health care interpreter from the health care interpreter central
registry or worked with an interpreter not on the central registry and met one
of the exceptions in section (2) of this rule. The record must include:
(a) The full name of the health care
interpreter.
(b) The health care
interpreter's central registry number, if applicable.
(c) The language interpreted.
(4) Licensees must provide
personal protective equipment, consistent with established national standards,
to health care interpreters providing services on-site at no cost to the
interpreter. The licensee may not require that the health care interpreter
procure the health care interpreter's own personal protective equipment as a
condition of working with the licensee.
Statutory/Other Authority: ORS
677.265 & OL 2021, chapter 453, section 2 (HB 2359)
Statutes/Other Implemented: OL 2021, chapter 453, section 2
(HB 2359)
