Or. Admin. Code § 851-001-0170

Current through Register Vol. 63, No. 12, December 1, 2024

Section 851-001-0170 - Requirements for Language Interpreter

(1) Individuals licensed by the Board, including those employed by a facility health care organization, or self-employed, must consult with the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 when communicating with a patient who prefers to communicate in a language other than English or who communicates in signed language, unless the licensee or certificate holder is proficient in the preferred language of the person with limited English proficiency. The licensee may not charge for these services.

(2) Licensees who are otherwise required to work with a health care interpreter from the health care interpreter registry may work with a health care interpreter who is not listed on the health care interpreter registry only if the licensee:

(a) Verifies that they made a good faith effort needed to obtain a health care interpreter from the health care interpreter registry in accordance with rules adopted by the authority under ORS 413.558 and have found that none are available to provide interpretation; or

(b) Offered the patient the services of a health care interpreter from the health care interpreter registry and the patient declined the offer and chose a different interpreter; or

(c) Is employed by an education provider that provides education services to children from birth through age 21 and the interpreter is provided by the education provider in accordance with the education provider's requirements.

(3) A licensee must provide personal protective equipment, consistent with established national standards, to health care interpreters providing services on-site at no cost to the health care interpreter and may not suggest to the health care interpreter that the health care interpreter should procure the health care interpreter's own personal protective equipment as a condition of working with the licensee.

(4) Licensees must maintain records of:

(a) Each patient encounter in which they work with a health care interpreter from the health care interpreter registry; and

(b) Each good faith effort to utilize a health care interpreter from the health care registry for each patient encounter in which the licensee works with an interpreter not on the health care interpreter registry and met one of the exceptions in (2) of this rule.

(5) The records required in (4) must include:

(a) The full name of the health care interpreter; and

(b) The health care interpreter's registry number, if applicable; and

(c) The language interpreted.

Or. Admin. Code § 851-001-0170

BN 7-2022, temporary adopt filed 06/27/2022, effective 7/1/2022through 12/27/2022; BN 7-2022, temporary adopt filed 6/27/2022, effective 7/1/2022 through 12/27/2022; BN 14-2022, adopt filed 11/30/2022, effective 12/1/2022

Statutory/Other Authority: ORS 678.150, ORS 413.559 & ORS 689.205

Statutes/Other Implemented: HB 2359 2021