Or. Admin. Code § 950-050-0010

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

Section 950-050-0010 - Definitions

As used in chapter 950, division 50 the following definitions apply:

(1) "Applicant" means any individual who applies for qualification or certification as a health care interpreter under OAR 950-050-0050.

(2) "Authority" means the Oregon Health Authority.

(3) "Central registry" means the record maintained by the Authority of enrolled individuals recognized as approved certified or qualified health care interpreters.

(4) "Certified health care interpreter" means an individual who has been approved by the Oregon Health Authority and issued a valid letter of certification by the Authority under these rules to perform health care interpreting services as outlined under ORS 413.558.

(5) "Coordinated Care Organization (CCO)" means a corporation, governmental agency, public corporation, or other legal entity that is certified as meeting the criteria adopted by the Authority under ORS 414.625 to be accountable for care management and to provide integrated and coordinated health care for each of the organization's members.

(6) "Formal training" means instruction obtained in an academic setting, seminars, in-service instruction, or by other means of substantive learning.

(7) "Health care" means medical, oral, vision, surgical or hospital care or any other remedial care recognized by state law, including physical and behavioral health care. For the purpose of these rules, "health care" does not currently include assistance with the activities of daily living or instrumental activities of daily living by providers. The Authority will monitor the exclusion of these services and make a determination on continuing this exception no later than July 1, 2025.

(8) "Health care interpreter" means an individual who has proficiency in English and at least one other spoken or signed language and who is readily able to accurately:

(a) Communicate in English and communicate with a person who has limited English proficiency or who communicates in signed language. Under limited circumstances beginning September 1, 2022, the Authority may qualify an individual who has proficiency in a language of lesser diffusion and at least one other spoken or signed language other than English, as a health care interpreter;

(b) Interpret the oral statements of a person with limited English proficiency, or the statements of a person who communicates in signed language, into English or another language if relay interpreting;

(c) Interpret oral statements in English, or another language if relay interpreting, to a person with limited English proficiency or who communicates in signed language;

(d) Sight translate simple written documents for a person with limited English proficiency; and

(e) Effective September 1, 2022, provide interpretive services using relay or indirect interpretation.

(9) "Health care interpreting services" means the provision of services to limited English proficient individuals through the process of fully understanding and analyzing a spoken or signed message, then faithfully rendering the message into another spoken or signed language in order to ensure access to any medical, surgical or hospital intervention including physical, oral, vision or behavioral health treatment.

(10) "Health care provider" means any of the following that are reimbursed with public funds, in whole or in part:

(a) An individual licensed or certified by the:

(A) State Board of Examiners for Speech-Language Pathology and Audiology;

(B) State Board of Chiropractic Examiners;

(C) State Board of Licensed Social Workers;

(D) Oregon Board of Licensed Professional Counselors and Therapists;

(E) Oregon Board of Dentistry;

(F) State Board of Massage Therapists;

(G) Oregon Board of Naturopathic Medicine;

(H) Oregon State Board of Nursing;

(I) Oregon Board of Optometry;

(J) State Board of Pharmacy;

(K) Oregon Medical Board;

(L) Occupational Therapy Licensing Board;

(M) Oregon Board of Physical Therapy;

(N) Oregon Board of Psychology;

(O) Board of Medical Imaging;

(P) State Board of Direct Entry Midwifery;

(Q) Respiratory Therapist and Polysomnographic Technologist Licensing Board;

(R) Board of Registered Polysomnographic Technologists;

(S) Board of Licensed Dietitians; and

(T) State Mortuary and Cemetery Board;

(b) An emergency medical services provider licensed by the Oregon Health Authority under ORS 682.216;

(c) A clinical laboratory licensed under ORS 438.110;

(d) A health care facility as defined in ORS 442.015;

(e) A home health agency licensed under ORS 443.015;

(f) A hospice program licensed under ORS 443.860; or

(g) Any other person that provides health care, or that bills for or is compensated for providing health care, in the normal course of business.

(11) "Integrated interpreting skills" means the ability to perform as required for employment, demonstrated by interpreting a simulated cross-linguistic interview with acceptable accuracy and completeness while monitoring and helping to manage the interaction in the interest of better communication and understanding.

(12) "Interpreting service company" is used interchangeably with "Interpretation service company" from ORS 413.550 and means an entity, or a person acting on behalf of an entity, that is in the business of arranging for health care interpreters to work with health care providers in Oregon.

(13) "Interpreting knowledge" means an entry-level range of knowledge, skills, and abilities that includes but is not limited to demonstrated capacity in:

(a) Language proficiency;

(b) Medical interpreting ethics;

(c) Cultural competency;

(d) Medical terminology;

(e) Integrated interpreting skills; and

(f) Sight translation of simple written instructions.

(14) "Limited English proficiency" or "LEP" means a level of English proficiency that is insufficient to ensure equal access to public services without an interpreter.

(15) "Person with limited English proficiency" means an individual who, by reason of place of birth or culture, communicates in a language other than English and does not communicate in English with adequate ability to communicate effectively to arrange for and receive health care or health related services or an individual who prefers to communicate in a language other than English.

(16) "Qualified health care interpreter" means an individual who has been approved by the Authority and issued a valid letter of qualification by the Authority under these rules to perform health care interpreting services as outlined under ORS 413.558.

(17) "Relay interpreting" is the practice of interpreting from one language to another through a third language. It is necessary when no single interpreter commands the required language pair.

(18) "Sight translate" means to translate a simple written document into spoken or signed language.

(19) "Translation" means the process of creating a written or signed target text based on a source text, in such a way that the content and in many cases the form of the two texts, can be considered to be equivalent.

(20) "Written verification" means providing proof in a way that establishes the authenticity of submitted documents in a reasonably reliable manner and may include official transcripts, a certificate of completion, or an endorsement from an agency or institution whose training curriculum is approved by the Authority.

Or. Admin. Code § 950-050-0010

PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11; PH 18-2016, f. 6-9-16, cert. ef. 7/1/2016; PH 48-2022, amend filed 04/27/2022, effective 7/1/2022; PH 16-2023, renumbered from 333-002-0010, filed 04/14/2023, effective 4/14/2023; OEI 1-2023, minor correction filed 05/02/2023, effective 5/2/2023

Statutory/Other Authority: ORS 413.558

Statutes/Other Implemented: 413.558 & ORS 413.556