justicedao/ipfs_state_laws huggingface dataset:
950-033-0035 Evaluation and Review Process (1) The Oregon Health Authority, Equity and Inclusion Division, REALD & SOGI section shall appoint a grant review panel. (2) The grant review panel will review and evaluate each grant application based on the following criteria: (a) If the applicant has previously received REALD & SOGI funding, the impact of services provided; (b) The demonstrated experience of the applicant serving tribal communities, communities of color, LGBTQIA2S+ people, people with disabilities, people who speak primary languages other than English and other underserved populations; (c) The demonstrated experience of the applicant offering support and/or trainings related to the proposed project; (d) Feasibility and alignment of project description with REALD & SOGI Grant goals and administrative rules; (e) Impact of proposed project is proportionate to the funding request; (f) Budget and budget narrative alignment with project description and REALD & SOGI goals and administrative rules; and (g) Whether the applicant adhered to all directions in the application, including but not limited to, following word count, submitting all required materials, using all required templates and forms, and meeting all prescribed deadlines. (3) Each member of the grant review panel must complete an evaluation sheet for each applicant that results in a numeric score. (4) The grant review panel may request clarifying materials from applicants as a part of the scoring process; (5) A grant application that does not receive a minimum score must not be considered further. (6) Once all the applications have been evaluated and scored the grant review panel must provide final funding recommendations to the Oregon Health Authority, Equity and Inclusion Division, REALD & SOGI section leadership. (7) The Oregon Health Authority, Equity and Inclusion Division, REALD & SOGI section or their designee shall make final award determinations. Statutory/Other Authority: ORS 413.446 Statutes/Other Implemented: ORS 413.446 History: EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
950-033-0040 Grant Approval Process (1) Awards may be funded in-whole or in-part. (2) Any applicants not funded will be notified in writing by the Oregon Health Authority, Equity and Inclusion Division . Statutory/Other Authority: ORS 413.446 Statutes/Other Implemented: ORS 413.446 History: EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
950-033-0045 Appeal of Denial of Grant (1) An applicant that was not awarded a grant may submit a written appeal request to Oregon Health Authority, Equity and Inclusion Division, REALD & SOGI section within five (5) business days after receiving the notice. A written appeal request must include: (a) The application and all application materials submitted to the Oregon Health Authority; and (b) A statement explaining why the applicant believes they meet the minimum application criteria or should have received a higher evaluation score. (2) The Oregon Health Authority, Equity and Inclusion Division, REALD & SOGI section or their designee must approve or deny the request for an appeal submitted under section (1) of this rule and must notify the applicant in writing of the decision to approve or deny the requested appeal within 10 business days of receipt of the appeal. The decision must be final. (3) An applicant may not submit any additional materials other than those submitted with the application, when appealing a decision. The Oregon Health Authority, Equity and Inclusion Division, REALD & SOGI section may not consider additional materials when reviewing an appeal. (4) The Oregon Health Authority, Equity and Inclusion Division, REALD & SOGI section may ask the grant review panel to reevaluate an application that has been appealed. (5) The decision to grant an appeal in favor of the applicant for one request does not set a precedent that must be followed by the Oregon Health Authority, Equity and Inclusion Division when evaluating subsequent requests for appeal. Statutory/Other Authority: ORS 413.446 Statutes/Other Implemented: ORS 413.446 History: EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
950-038-0010 REALD and SOGI Advisory Committee (1) The Authority and Department may create and implement shared or parallel definitions, policies, procedures and practices that expand on the minimum criteria of these rules. (2) The Authority, in collaboration with the Department, shall appoint a permanent standing advisory committee composed of individuals or advocates of individuals likely to be affected by the inequities addressed in the collection of race, ethnicity, preferred spoken, signed and written language, and disability status data. (3) The committee required by this section shall advise the Authority and Department about the creation of definitions, policies, procedures and practices to implement these rules, including recommendations related to: (a) Protocols for collecting data in consistent, meaningful, culturally-competent ways. (b) Protocols for protecting client privacy in compliance with state and federal law. (c) The addition of demographic data subcategories for collection of more accurate and comprehensive data. (d) Training. (4) The Authority, in collaboration with the Department and the advisory committee shall review the standards at least once every two years from June 1, 2014, to ensure the standards are up to date, efficient, uniform and consistent with best, promising and emerging practices. Statutory/Other Authority: ORS 413.042 & 413.161 Statutes/Other Implemented: ORS 413.161 History: OEI 1-2024, minor correction filed 01/11/2024, effective 01/11/2024 OHA 5-2023, renumbered from 943-070-0070, filed 05/04/2023, effective 05/04/2023 OHA 2-2014, f. & cert. ef. 3-10-14
950-040-0000 Cultural Competency Continuing Educaton Purpose OAR chapter 950, division 40 defines requirements for the Oregon Health Authority to provide education resources and support to identified healthcare provider Boards for improving the cultural competence of regulated health care professionals in Oregon. Statutory/Other Authority: ORS 413.042, 2013 OL Ch. 240 & ORS 676.850 Statutes/Other Implemented: 2013 OL Ch. 240, ORS 413.450, HB 2011 (2019) & ORS 676.850 History: OEI 20-2023, minor correction filed 05/12/2023, effective 05/12/2023 OHA 2-2023, renumbered from 943-090-0000, filed 05/04/2023, effective 05/04/2023 OHA 4-2021, amend filed 06/24/2021, effective 07/01/2021 OHA 4-2014, f. 12-18-14, cert. ef. 1-1-15
950-040-0010 Definitions The following definitions apply to OAR 950-040-0000 through 950-040-0020: (1) “Authority” means the Oregon Health Authority. (2) “Continuing Education” means a unit or units of education as defined by the Authority or the specified Boards listed in ORS 676.850 . (3) “Cultural competency” means a life-long process of examining values and beliefs, then developing and applying an inclusive approach to health care practice that improves health outcomes by reducing health disparities and inequities. This approach is conducted in a manner that recognizes the context and complexities of provider-patient communication and interaction and preserves the dignity of individuals, families and communities. (a) Cultural competence applies to all patients, their families, and any support individuals. (b) Culturally competent providers do not make assumptions on the basis of an individual’s actual or perceived abilities, disabilities or traits whether inherent, genetic or developmental including race, color, spiritual beliefs, creed, age, tribal affiliation, national origin, immigration or refugee status, marital status, socio-economic status, veteran’s status, sexual orientation, gender identity, gender expression, gender transition status, level of formal education, physical or mental disability, medical condition or any consideration recognized under federal, state and local law. (4) “Patient” represents individuals in the broadest spectrum of the roles in health and home care services, including but not limited to patient, consumer, client, patient representative, resident, and patient families or communities. (5) “Provider” means a person authorized to practice the profession regulated by the boards listed in ORS 676.850, in the broadest spectrum of roles in health and home care services, including but not limited to physicians, nurses, social workers, medical technicians, and home care workers, personal support workers, and personal care attendants. Statutory/Other Authority: ORS 413.042 & 2013 OL Ch. 240 Statutes/Other Implemented: 2013 OL Ch. 240, 676.850, ORS 413.450 & HB 2011 (2019) History: OEI 21-2023, minor correction filed 05/12/2023, effective 05/12/2023 OHA 2-2023, renumbered from 943-090-0010, filed 05/04/2023, effective 05/04/2023 OHA 4-2021, amend filed 06/24/2021, effective 07/01/2021 OHA 4-2014, f. 12-18-14, cert. ef. 1-1-15
950-050-0000 Purpose (1) These rules establish the Health Care Interpreter (HCI) program, a central registry, and a process for certification and qualification of health care interpreters for persons with limited English proficiency, those who prefer to communicate in a language other than English, and Deaf and Hard of Hearing individuals whose primary communication is through American Sign Language or other signed languages. The rules set standards for health care providers and coordinated care organizations working with health care interpreters and interpreting service companies in Oregon. (2) These rules help the Oregon Health Authority comply with Title VI of the Civil Rights Act of 1964 which mandates that no person in the United States shall, on grounds of race, color or national origin, be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance. (3) Nothing in these rules is meant to prevent an Emergency Medical Services provider from providing prehospital care as that term is defined in ORS 682.025 to an individual who has limited English proficiency, who communicates in signed language, or who prefers to communicate in a language other than English. (4) Nothing in these rules is meant to delay care in an emergency to an individual who has limited English proficiency, who communicates in signed language, or who prefers to communicate in a language other than English. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 419.558 & ORS 413.556 History: PH 16-2023, renumbered from 333-002-0000, filed 04/14/2023, effective 04/14/2023 PH 48-2022, amend filed 04/27/2022, effective 07/01/2022 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0020 Health Care Interpreter Services Any individual providing health care interpreting services as defined in this division may voluntarily meet the eligibility standards established in OAR 950-050-0040 and be: (1) Added to the central registry; and (2) Issued a valid letter of certification or qualification by the Authority. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 413.558 & ORS 413.556 History: OEI 2-2023, minor correction filed 05/02/2023, effective 05/02/2023 PH 16-2023, renumbered from 333-002-0020, filed 04/14/2023, effective 04/14/2023 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0030 Central Registry (1) The Authority shall maintain a central registry of individuals who are certified or qualified to provide health care interpreting services as provided in OAR 950-050-0020. (2) The Oregon Health Authority shall maintain a list of languages for which health care interpreter certification or qualification is available. (3) The Authority shall maintain and publish a list of Authority-approved training centers where applicants may receive the education required for certification or qualification. (4) Certified or qualified health care interpreters may withdraw from the central registry by providing written notification to the Authority. (5) If a certified or qualified health care interpreter has provided written notification of withdrawal but the qualification or certification has not yet expired, the certified or qualified health care interpreter who has requested to withdraw may be reinstated to the central registry by submitting a request for reinstatement to the Authority in writing. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 413.558 & ORS 413.556 History: OEI 3-2023, minor correction filed 05/02/2023, effective 05/02/2023 PH 16-2023, renumbered from 333-002-0030, filed 04/14/2023, effective 04/14/2023 PH 48-2022, amend filed 04/27/2022, effective 07/01/2022 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0080 Skill Evaluation or Assessment Appeal (1) Applicants who fail to pass a test at an Authority-approved testing center may appeal the results with the testing center directly and pay any fees associated with the appeal. (2) The testing center’s determination is final. (3) Applicants have no appeal rights with the Authority. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 413.558 & ORS 413.556 History: PH 16-2023, renumbered from 333-002-0080, filed 04/14/2023, effective 04/14/2023 PH 49-2022, minor correction filed 04/27/2022, effective 04/27/2022 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 26-2006, f. & cert. ef. 11-16-06 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0090 Continuing Education (1) To qualify for central registry renewal, certified and qualified health care interpreters shall sign and submit to the Authority the designated forms and verification showing the individual has completed the required continuing education. (2) To maintain eligibility for central registry renewal, certified and qualified health care interpreters shall complete 24 hours of Authority-approved continuing education during the 48-month central registry period, including: (a) Six hours of continuing education on health care interpreter ethics. (b) Six hours of continuing education on interpreting skills. (c) An additional 12 hours that cover any topics accepted for continuing education by interpreter certification testing centers on the Authority maintained list provided for in OAR 950-050-0070. (3) Continuing education records shall be maintained by registered health care interpreters for a minimum of four years. (4) Continuing education hours taken in excess of the required number in a renewal period may not be carried over to the next renewal period. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 413.558 & ORS 413.556 History: OEI 5-2023, minor correction filed 05/02/2023, effective 05/02/2023 PH 16-2023, renumbered from 333-002-0120, filed 04/14/2023, effective 04/14/2023 PH 48-2022, amend filed 04/27/2022, effective 07/01/2022 PH 3-2019, amend filed 01/28/2019, effective 02/01/2019 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 26-2006, f. & cert. ef. 11-16-06 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0100 Letter of Qualification (1) If the Authority determines that the qualification requirements in OAR 950-050-0040, 950-050-0050, and 950-050-0060 and any applicable renewal requirements have been met, a letter of qualification shall be issued. (2) Letters of qualification are valid for 48 months (4 years) from the date of issue and are renewable. (3) The issuance of a letter of qualification, or the HCI’s holding of this credential, is in addition to, and not in lieu of any other certification, registration or licensure requirement necessary to comply with state law. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 413.558 & ORS 413.556 History: EID 3-2025, amend filed 10/24/2025, effective 11/01/2025 OEI 6-2023, minor correction filed 05/02/2023, effective 05/02/2023 PH 16-2023, renumbered from 333-002-0140, filed 04/14/2023, effective 04/14/2023 PH 48-2022, amend filed 04/27/2022, effective 07/01/2022 PH 3-2019, amend filed 01/28/2019, effective 02/01/2019 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 26-2006, f. & cert. ef. 11-16-06 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0110 Letter of Certification (1) If the Authority determines that the certification requirements in OAR 950-050-0040, 950-050-0050 and 950-050-0060 and any applicable renewal requirements have been met, a letter of certification shall be issued. (2) Letters of certification are valid for 48 months (4 years) from the date of issue and are renewable. (3) The issuance of a letter of certification, or the HCI’s holding of this credential, is in addition to, and not in lieu of any other certification, registration or licensure requirement necessary to comply with state law. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 413.558 & ORS 413.556 History: EID 3-2025, amend filed 10/24/2025, effective 11/01/2025 OEI 7-2023, minor correction filed 05/02/2023, effective 05/02/2023 PH 16-2023, renumbered from 333-002-0150, filed 04/14/2023, effective 04/14/2023 PH 48-2022, amend filed 04/27/2022, effective 07/01/2022 PH 3-2019, amend filed 01/28/2019, effective 02/01/2019 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 26-2006, f. & cert. ef. 11-16-06 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0120 Certification and Qualification Renewal (1) Certified or qualified health care interpreters who intend to maintain enrollment in the central registry shall renew their certification or qualification every 48 months (4 years). (2) No more than 60 days before the expiration of certification or qualification, the individual seeking renewal shall submit: (a) A signed copy of the Oregon Health Authority provided commitment form acknowledging that the applicant has read and agrees to abide by the National Code of Ethics for Interpreters in Health Care or the Registry of Interpreters for the Deaf (RID) Code of Professional Conduct, as applicable. (b) Written verification showing the individual has maintained eligibility for central registry renewal by completing the continuing education required: (A) For qualification, the continuing education required by OAR 950-050-0090. (B) For certification, the continuing education required by OAR 950-050-0090 and any additional hours required by the applicant’s national certifying body during the preceding four years. Actual recertification by the national body is not required, except for the Registry of Interpreters for the Deaf (RID). RID certification must be current at the time of renewal. (c) For applicants seeking renewal as a qualified health care interpreter for American Sign Language, written verification of at least 60 hours of formal training from an Oregon Health Authority approved training center. These training hours are in addition to the continuing education required by OAR 950-050-0090. Qualified signed language health care interpreter renewal applicants who provide this documentation will be deemed to meet the requirements of a certified health care interpreter and will be issued a letter of certification. (d) Government-issued identification from the approved list in section (5) of OAR 950-050-0050. (3) The date of submission shall be considered to be the date materials are received by the Oregon Health Authority in the online Health Workforce Registry Applicant Portal or by fax, mail, email or hand delivery. (4) If the qualification or certification has not been renewed within 1 year (12 months) of the expiration date, the HCI shall re-apply as a new applicant as outlined in these rules, including retaking the full 60-hour training before re-applying. During the period that the qualification or certification has expired and has not been renewed, the interpreter shall not represent themselves as having a current or valid OHA HCI credential. Statutory/Other Authority: ORS 413.558 & ORS 413.556 Statutes/Other Implemented: ORS 413.558 & ORS 413.556 History: EID 3-2025, amend filed 10/24/2025, effective 11/01/2025 OEI 23-2023, minor correction filed 08/08/2023, effective 08/08/2023 OEI 8-2023, minor correction filed 05/02/2023, effective 05/02/2023 PH 16-2023, renumbered from 333-002-0170, filed 04/14/2023, effective 04/14/2023 PH 48-2022, amend filed 04/27/2022, effective 07/01/2022 PH 3-2019, amend filed 01/28/2019, effective 02/01/2019 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 26-2006, f. & cert. ef. 11-16-06 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0140 Complaints (1) Any affected individual or their representative may submit a complaint against a certified or qualified health care interpreter (HCI). (2) The Authority shall accept a complaint in writing, in a verbal report or in any other format that contains enough information to allow the Authority to investigate the report. (3) The Authority shall ask the complainant or affected individual to sign a release of information indicating authorization for the Authority to access information to assist the investigation. (4) If the complaint justifies an investigation, the Authority shall notify the respondent of the allegations and allow for response within a reasonable time with the required deadline for response provided in the notification. (5) A summary of the complaint allegations shall be made available to the accused HCI. (6) The Authority shall evaluate the complaint using available evidence. (7) The complainant, the affected individual and the respondent shall be notified of the outcome in writing. (8) The Authority may revoke, suspend, or refuse to renew a certification or qualification, or impose remedial education or corrective actions for substantiated complaints that meet the criteria in OAR 950-050-0130. (9) Reports of discrimination based on protected class shall be submitted and investigated under the requirements of OAR 943-005. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 413.558 & ORS 413.556 History: OEI 10-2023, minor correction filed 05/02/2023, effective 05/02/2023 PH 16-2023, renumbered from 333-002-0210, filed 04/14/2023, effective 04/14/2023 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 26-2006, f. & cert. ef. 11-16-06 PH 18-2006, f. & cert. ef. 8-2-06
950-050-0150 Hearings An individual who wishes to contest the denial, non-renewal, suspension, revocation, or other disciplinary action of their central registry enrollment, qualification or certification or a training program that wishes to contest an application denial or revocation of their approved status may request a contested case hearing. The contested case hearing process is conducted in accordance with ORS 183.441 through 183.497 and the Attorney General’s Uniform and Model Rules of Procedure for the Office of Administrative Hearings, OAR 137-003-0501 through 137-003-0700. Statutory/Other Authority: ORS 413.558 Statutes/Other Implemented: 413.558 & ORS 413.556 History: EID 3-2025, amend filed 10/24/2025, effective 11/01/2025 PH 16-2023, renumbered from 333-002-0230, filed 04/14/2023, effective 04/14/2023 PH 48-2022, amend filed 04/27/2022, effective 07/01/2022 PH 18-2016, f. 6-9-16, cert. ef. 7-1-16 PH 2-2011, f. & cert. ef. 3-1-11 PH 26-2006, f. & cert. ef. 11-16-06 PH 18-2006, f. & cert. ef. 8-2-06