chapter-950•OAR Chapter 950 — Oregon Health Authority, Equity and Inclusion Division
OAR Chapter 950 — Oregon Health Authority, Equity and Inclusion Division
chapter-950OAR Chapter 950Regulation
Division 20 REGIONAL HEALTH EQUITY COALITIONS
Or. Admin. R. 950-020-0000 Purpose
(1) These rules establish uniform standards for Regional Health Equity Coalitions (RHECs) and support alignment to the RHEC model. The Oregon Health Authority (OHA) is a funding partner for Regional Health Equity Coalitions.
(2) The RHECs act as a link between diverse communities and OHA to better ensure community needs are identified and met so that health inequities, institutional racism, and discrimination can be addressed. The RHECs foster equity and mitigate harm in policy development and implementation by providing recommendations and guidance to OHA on policy concept.
History
- Statutory/Other Authority: ORS 413.042 & SB 70 (2021)
- Statutes/Other Implemented: SB 70 (2021)
- OHA 4-2023, renumbered from 943-021-0001, filed 05/04/2023, effective 05/04/2023
- OHA 2-2022, adopt filed 05/25/2022, effective 05/25/2022
Or. Admin. R. 950-020-0010 Definitions
(1) Regional health equity coalitions are:
(a) Autonomous, community-led, cross-sector groups focused on addressing health inequities experienced by priority populations, at the policy, system, and environmental levels, with the leading priority being communities of color.
(b) Completely independent of coordinated care organizations and public bodies as defined in ORS 174.109.
(c) Supported by fiscal agents such as federally recognized tribes of Oregon and community-based nonprofit entities, including culturally specific organizations, social service providers, organizations that provide health care, organizations that conduct public health research, organizations that provide behavioral health treatment, private foundations, and
faith-based organizations.
(d) Required to have decision-making bodies:
(A) Whose membership is at least 51 percent individuals who identify as members of communities of color who have experienced health inequities.
(B) That prioritize the recruitment of members who identify as members of communities of color or who work in roles that address health inequities and institutional racism.
(2) The regional health equity coalition model means an approach that:
(a) Recognizes the impact of structural, institutional and interpersonal racism on the health and well-being of communities of color and other priority populations;
(b) Meaningfully engages priority populations to lead efforts to address health inequities;
(c) Supports and strengthens leadership development for priority populations;
(d) Honors the wisdom of members of priority populations; and
(e) Ensures that policy solutions and system changes build upon the strengths of the priority populations.
(3) Community-led means efforts based on a set of core principles that, at minimum:
(a) Engages the people living in a geographic community to establish goals and priorities;
(b) Uses local residents as leaders;
(c) Builds on strengths rather than focusing on problems; and
(d) Involves cross-sector collaboration that is intentional and adaptable and works to achieve systemic change.
(4) Communities of color means members of the following racial or ethnic communities:
(a) American Indian/Alaska Native;
(b) Asian;
(c) Black/African American;
(d) Hispanic/Latino/Latina/Latinx;
(e) Middle Eastern/North African;
(f) Multi-race or multi-ethnic individuals;
(g) Native Hawaiians/Pacific Islanders; or
(h) Other racial or ethnic minorities.
(5) Cross-sector means involving individuals, public and private institutions and communities working together to address the social determinants of health and equity.
(6) Culturally specific means led by individuals from the community served, using language, structures, and settings familiar to the members of the community.
(7) Priority populations means:
(a) Communities of color;
(b) Tribal communities including the nine federally recognized tribes of Oregon and other American Indians and Alaska Natives people:
(c) Immigrants;
(d) Refugees;
(e) Migrant and seasonal farmworkers;
(f) Low-income individuals and families;
(g) Persons with disabilities; and
(h) Individuals who identify as lesbian, gay, bisexual, transgender, or queer, or who question their sexual or gender identity.
History
- Statutory/Other Authority: ORS 413.042 & SB 70 (2021)
- Statutes/Other Implemented: SB 70 (2021)
- EID 1-2026, amend filed 05/29/2026, effective 06/01/2026
- EID 2-2025, temporary amend filed 07/21/2025, effective 07/21/2025 through 12/26/2025
- OHA 4-2023, renumbered from 943-021-0005, filed 05/04/2023, effective 05/04/2023
- OHA 2-2022, adopt filed 05/25/2022, effective 05/25/2022
Or. Admin. R. 950-020-0020 Grants
(1) The Authority establishes and enters into partnership with Regional Health Equity Coalitions through a competitive solicitation process that includes participation of existing RHEC’s.
(2) The Authority shall award grants to RHECs consistent with legislative appropriations and program requirements.
(3) Grant agreements shall specify the amount awarded, the timelines, grant deliverables and conditions, including any not-to-exceed limitations.
(4) The authority intends to support program sustainability of RHECs by maintaining an equitable grant funding structure that accounts for the effects of inflation.
(a) If the biennial legislative appropriation to the Authority includes an increase based on the effects of inflation, then the Equity and Inclusion Division shall increase grant appropriation to the Regional Health Equity Coalitions by the same inflationary percentage.
(b) If the biennial legislative appropriation to the Authority does not include an increase based on the effects of inflation, then the Equity and Inclusion Division shall not be required to increase grant appropriation to Regional Health Equity Coalitions.
(5) This budget adjustment only applies to Regional Health Equity Coalition grant agreements from the Authority’s Equity and Inclusion Division, not grants funded through other programs in the Authority.
History
- Statutory/Other Authority: ORS 413.042 & SB 70 (2021)
- Statutes/Other Implemented: SB 70 (2021)
- EID 1-2026, adopt filed 05/29/2026, effective 06/01/2026
Division 30 REALD AND SOGI DEMOGRAPHIC DATA COLLECTION STANDARDS
Or. Admin. R. 950-030-0000 Purpose
These rules establish uniform standards and practices for the collection of data on race, ethnicity, preferred spoken or signed and preferred written language, disability, sexual orientation and gender identity by the Oregon Health Authority (OHA) and others required by law or contract. Standardized data collection methodology will improve the ability of OHA, community partners, elected officials, and other decision makers to recognize, address, target and eliminate inequities experienced by distinct tribal, racial, cultural, and linguistic communities; people with disabilities; and LGBTQIA2S+ communities. These standards allow OHA to meet federal reporting expectations; compare Oregon's progress with national trends; improve quality service delivery; and ensure equitable allocation of resources.
History
- Statutory/Other Authority: ORS 413.161 & ORS 413.042
- Statutes/Other Implemented: ORS 413.161
- EID 2-2024, amend filed 07/02/2024, effective 07/02/2024
- OHA 3-2023, renumbered from 943-070-0000, filed 05/04/2023, effective 05/04/2023
- OHA 1-2021, amend filed 03/23/2021, effective 03/23/2021
- OHA 2-2020, temporary amend filed 09/29/2020, effective 10/01/2020 through 03/29/2021
- OHA 2-2014, f. & cert. ef. 3-10-14
Or. Admin. R. 950-030-0010 Definitions
The following definitions apply to OAR 950, divisions 30 and 38:
(1) “Caregiver” means a person, paid or unpaid, related or unrelated, who acts on behalf of or cares for the individual.
(2) “Contractor” means a person or governmental entity who has a legal agreement with the Oregon Health Authority to provide goods or services.
(3) "Demographic data" means collected information in accordance with these rules related to age, sex, gender, sexual orientation, race, ethnicity, preferred spoken, signed and written language, interpreter needs, English proficiency and disability.
(4) "Ethnicity" means a demographic designation for a group of people sharing a culture that includes race, religion, language, and other cultural characteristics including ancestry or country of origin.
(5) “Gender identity”:
(a) Means a demographic designation that describes a person’s inner sense of being such as a girl, woman, female, boy, man, male, or something else, or having no gender.
(b) Does not mean a biological, anthropological or genetic distinction.
(6) “Gender modality” means how an individual’s gender identity stands in relation to their gender assigned at birth. For example, a person whose gender modality is transgender is someone whose gender identity is different from what was assigned at birth.
(7) “Individual” means the person who is the subject of the demographic data that is being collected.
(8) “LGBTQIA2S+” means lesbian, gay, bisexual, transgender or gender expansive, queer or questioning/exploring, intersex, asexual, two-spirit, and other terms that may be used to describe a sexual or gender minority identity.
(9) “Primary racial or ethnic identity” means the race or ethnicity with which an individual most identifies when opting to choose from multiple designations.
(10) “Race”:
(a) Means a demographic designation for a group of people who share a common heredity, and Includes shared ancestry, national origin and sociocultural characteristics.
(b) Does not mean a biological, anthropological or genetic distinction.
(11) “REALD” means race, ethnicity, language and disability.
(12) “Requestor” means an individual or entity that is collecting REALD and SOGI information in accordance with these rules.
(13) “Sexual orientation” means a demographic designation that describes how an individual characterizes their emotional and sexual attraction to others.
(14) “SOGI” means sexual orientation, gender identity and gender modality.
(15) “Subcontractor” means a person or governmental entity who has a legal agreement with a contractor as that is defined in this rule, to provide goods or services.
History
- Statutory/Other Authority: ORS 413.161 & ORS 413.042
- Statutes/Other Implemented: ORS 413.161
- EID 2-2024, amend filed 07/02/2024, effective 07/02/2024
- OEI 18-2023, minor correction filed 05/12/2023, effective 05/12/2023
- OHA 3-2023, renumbered from 943-070-0010, filed 05/04/2023, effective 05/04/2023
- OHA 1-2021, amend filed 03/23/2021, effective 03/23/2021
- OHA 2-2020, temporary amend filed 09/29/2020, effective 10/01/2020 through 03/29/2021
- OHA 2-2014, f. & cert. ef. 3-10-14
Or. Admin. R. 950-030-0020 Demographic Data Collection Standards
(1) To the greatest extent practicable, all programs and activities of the Oregon Health Authority (OHA), including activities to promote workforce diversity, and any data collection or reporting OHA does on behalf of other state agencies, through any means, must collect REALD and SOGI information in accordance with these rules and OHA policy.
(2) To the greatest extent practicable, OHA must require contractors and subcontractors, who collect, record or report any demographic data on behalf of OHA to collect REALD and SOGI information in accordance with these rules and OHA policy.
(3) A requestor, when collecting REALD and SOGI information in accordance with these rules, must comply with the following standards:
(a) Individuals must be asked to self-report answers to the questions and information must not be assumed or prejudged.
(b) If an individual is unable to self-report, a family member, advocate, or authorized representative may answer the questions.
(c) A requester may not fill in demographic information for an individual if an answer is missing or has otherwise not been provided by the individual or the individual’s caregiver, except as permitted in section (7) of this rule.
(d) Questions must be asked in the exact way they are worded in these rules, except that pronouns can be changed or substituted with proper nouns. For example, the question "How do you identify your race, ethnicity, tribal affiliation, country of origin, or ancestry?" could be changed to "How does your child identify their race, ethnicity, tribal affiliation, country of origin, or ancestry?". The question about hearing loss, "Are you deaf or have serious difficulty hearing?" can be changed to "Is your child deaf or do they have serious difficulty hearing?".
(4) A requestor or individual must identify who is answering the REALD and SOGI questions. Response options:
(a) Self.
(b) Parent, guardian or other family member.
(c) Interpreter or other support person.
(d) Not listed, specify: (with open text box).
(5) If a requestor is directly asking an individual who is answering the REALD and SOGI questions as required in section (4) of this rule, the requestor must explain that more than one response may be chosen.
(6) For all REALD and SOGI questions, except for open-ended text questions, a requestor must offer the following response options in addition to any other responses required in these rules:
(a) "Don’t want to answer". This response should be used by an individual or the individual’s caregiver when the individual or caregiver is choosing not to answer the question.
(b) "Don’t know". This response should be used by an individual or an individual’s caregiver when the individual or caregiver does not know the answer to the question.
(c) For the response options for the disability questions specified in OAR 950-030-0050(2)(e) and (3)(b) and the SOGI questions specified in OAR 950-030-0060(3), (6) and (9), "Don’t know what this question is asking". This response should be used by an individual or an individual’s caregiver when the individual or caregiver does not understand what the question is asking.
(7) When the race, ethnicity, signed, written or spoken language, disability, sex, sexual orientation or gender identity of an individual is required by federal law and an individual is unable or unwilling to self-report, this information must be recorded by the requestor as "staff determined" information.
(8) When reporting REALD and SOGI responses, a requestor must:
(a) Mark a response as "not applicable" or leave blank if a question was allowed to be skipped under the rules.
(b) Mark a response as "did not answer" or "missing" or leave blank if the question was applicable but was not answered with any response.
(9) Requests for demographic information must be distinct from questions related to program eligibility criteria and an individual's decision not to answer questions related to demographic data must not affect eligibility or inclusion in any related program or benefit.
(10) Nothing in these rules prohibits the collection of information for purposes of establishing eligibility for a specific program or service.
(11) The date for when the REALD and SOGI data was collected must be captured and included in the dataset holding the data.
(12) A requestor must collect the individual’s date of birth and use the MM/DD/YYYY date format.
(13) Every time data is collected an individual must be asked REALD and SOGI questions unless they have been asked by the requestor within the previous 12 months. If the response to any REALD and SOGI question is marked as "missing" or "did not answer", the requestor must attempt to collect the missing information even if the REALD and SOGI questions were asked by the requestor within the last 12 months. If a response is marked as "don’t want to answer" or "not applicable", a requestor does not need to attempt to collect missing information more than once every 12 months.
(14) Requestors using online platforms to collect REALD and SOGI information described in this rule may not use "other" as a response option unless otherwise permitted by these rules.
(15) Methods used to collect information in accordance with these rules:
(a) Must comply with:
(A) The Americans with Disabilities Act (ADA).
(B) Title VI of the Civil Rights Act of 1964 to the extent that an individual may have a right to the translation of materials or interpreter services in order to be able to answer the questions.
(C) OHA policies related to the ADA, language access requirements, or the advancement of health equity.
(b) Must account for the need to gather data from individuals with disabilities, individuals who prefer a language other than English, and individuals with other access barriers.
(c) Must not exclude individuals from data collection efforts even if the method for collection has to be changed to accommodate the needs of particular individuals.
(16) If providing written materials, the requestor must ask if there is a need for written materials in an alternate format, including but not limited to another language, braille, large print, or audio.
History
- Statutory/Other Authority: ORS 413.161 & ORS 413.042
- Statutes/Other Implemented: ORS 413.161
- EID 2-2024, amend filed 07/02/2024, effective 07/02/2024
- OEI 19-2023, minor correction filed 05/12/2023, effective 05/12/2023
- OHA 3-2023, renumbered from 943-070-0020, filed 05/04/2023, effective 05/04/2023
- OHA 1-2021, amend filed 03/23/2021, effective 03/23/2021
- OHA 4-2020, temporary amend filed 11/06/2020, effective 11/06/2020 through 03/29/2021
- OHA 2-2020, temporary amend filed 09/29/2020, effective 10/01/2020 through 03/29/2021
- OHA 2-2014, f. & cert. ef. 3-10-14
Or. Admin. R. 950-030-0030 Race and Ethnicity Demographic Data Collection Standard
(1) A requestor must ask an open-ended question: "How do you identify your race, ethnicity, tribal affiliation, country of origin, or ancestry?"
(2) A requestor must ask an “Which of the following describes your racial or ethnic identity? Select all that apply and enter additional details in the spaces below.”
(3) At minimum, the disaggregated demographic data categories in this section must be grouped under the applicable aggregated categories as follows:
(a) American Indian and Alaska Native – Provide details below:
(A) Alaska Native.
(B) American Indian.
(C) Canadian Inuit, Metis or First Nation.
(D) Indigenous Mexican, Central American or South American.
(E) Enter details, for example, Inuit or Haida, Confederated Tribes of Siletz Indians, Navajo, Aztec, Maya, etc. (with open text box).
(b) Asian – Provide details below:
(A) Afghan.
(B) Asian Indian.
(C) Cambodian/Khmer.
(D) Chinese.
(E) Communities of Myanmar.
(F) Filipino/a.
(G) Hmong.
(H) Indonesian.
(I) Japanese.
(J) Korean.
(K) Laotian.
(L) Pakistani.
(M) South Asian.
(N) Taiwanese.
(O) Thai.
(P) Vietnamese.
(Q) Enter details, for example, Mongolian, Malaysian, Uzbeks, etc. (with open text box).
(c) Black and African American – Provide details below:
(A) African American.
(B) Afro-Caribbean.
(C) Ethiopian.
(D) Haitian.
(E) Jamaican.
(F) Nigerian.
(G) Somali.
(H) Enter details, for example, Trinidadian, Ghanaian, Congolese, etc. (with open text box).
(d) Hispanic and Latino/a/x/e – Provide details below:
(A) Afro-Latino/a/x/e.
(B) Central American.
(C) Cuban.
(D) Dominican.
(E) Guatemalan.
(F) Mexican.
(G) Puerto Rican.
(H) Salvadoran.
(I) South American.
(J) Enter details, for example, Colombian, Honduran, Spaniard, etc. (with open text box)
(e) Jewish – Provide details below:
(A) Ashkenazi.
(B) Sephardi.
(C) Enter details, for example, Mizrahi, etc. (with open text box).
(f) Middle Eastern/North African/SWANA – Provide details below:
(A) Egyptian.
(B) Iraqi.
(C) Iranian.
(D) Israeli.
(E) Lebanese.
(F) Palestinian.
(G) Syrian.
(H) Turkish.
(I) Enter details, for example, Moroccan, Yemeni, Kurdish, etc. (with open text box).
(g) Native Hawaiian and Pacific Islander – Provide details below:
(A) CHamoru (Chamorro).
(B) Communities of the Micronesian Region.
(C) Fijian.
(D) Marshallese.
(E) Native Hawaiian.
(F) Samoan.
(G) Tongan.
(H) Enter details, for example, Chuukese, Palauan, Tahitian, etc. (with open text box).
(h) White – Provide details below:
(A) English.
(B) German.
(C) Irish.
(D) Italian.
(E) Polish.
(F) Romanian.
(G) Russian.
(H) Scottish.
(I) Slavic.
(J) Ukrainian.
(K) Enter details, for example, French, Swedish, Norwegian, etc. (with open text box).
(i) Additional categories: Another category not listed. Specify: (with open text box).
(4) A requestor must:
(a) Instruct individuals, either in writing or verbally, that more than one racial or ethnic category may be chosen.
(b) Ask an additional question “If you checked more than one category, is there one you think of as your primaryracial or ethnic identity?”
(A) Response options for paper forms are:
(i) Yes. Circle your primary racial or ethnic identity above.
(ii) I don’t have just one primary racial or ethnic identity.
(iii) No. I identify as Biracial or Multiracial.
(iv) Not applicable. I only checked one category above.
(B) Response options for electronic formats are:
(i) A list of racial or ethnic identity categories selected by the individual in section (2) of this rule.
(ii) I don’t have just one primary racial or ethnic identity.
(iii) No. I identify as Biracial or Multiracial.
(C) If a requestor collects data in an electronic format and uses technology that limits their ability to present a list of racial and ethnic identity categories selected by the individual as stated in (3) of this rule, a requestor must contact the Oregon Health Authority REALD and SOGI Governance Committee to receive guidance on acceptable alternative(s).
(5) If a requestor uses technology that limits their ability to store data from any of the open text boxes listed in section (3) of this rule, a requestor must contact the Oregon Health Authority REALD and SOGI Governance Committee to receive guidance on acceptable alternative(s).
History
- Statutory/Other Authority: ORS 413.161 & ORS 413.042
- Statutes/Other Implemented: ORS 413.161
- EID 2-2024, amend filed 07/02/2024, effective 07/02/2024
- OHA 3-2023, renumbered from 943-070-0030, filed 05/04/2023, effective 05/04/2023
- OHA 1-2021, amend filed 03/23/2021, effective 03/23/2021
- OHA 4-2020, temporary amend filed 11/06/2020, effective 11/06/2020 through 03/29/2021
- OHA 3-2020, temporary amend filed 10/02/2020, effective 10/02/2020 through 03/29/2021
- OHA 2-2020, temporary amend filed 09/29/2020, effective 10/01/2020 through 03/29/2021
- OHA 2-2014, f. & cert. ef. 3-10-14
Or. Admin. R. 950-030-0040 Language and Communication Needs Demographic Data Collection Standards
(1) A requestor is only required to ask a child under the age of five or an adult answering on behalf of a child under the age of five to answer the questions in section (2) of this rule when the requestor needs to communicate directly with the child.
(2) If a requestor or other person has a need for ongoing communication with the individual or the individual’s caregiver, the following questions about language and communication needs must be asked:
(a) “Do you only use English at home?” Response options:
(A) Yes.
(B) No.
(b) “Do you need or want any of the following for us to communicate with you?” Response options:
(A) Yes – Assistive Listening Device such as an FM or Loop. Specify: (with open text box).
(B) Yes – CART/Captioning.
(C) No.
(c) If the response to the question in subsection (2)(a) of this rule is no, a requestor must ask the following questions:
(A) “What language(s) do you use at home?"
(B) "In what language do you want us to communicate with you?"
(C) "In what language do you want us to write to you?"
(D) "Do you need or want an interpreter?" Response options:
(i) Yes.
(ii) No.
(E) If the response to the question in subsection (2)(c)(D) above is yes, a requestor must ask, “If yes, select all that apply.” Response options:
(i) Spoken language interpreter.
(ii) Sign Language:
(I) American Sign Language.
(II) Mexican Sign Language.
(III) Tactile/Pro-Tactile Sign Language.
(IV) Certified Deaf Interpreter for DeafBlind, additional barriers, or both.
(V) Contact sign language (PSE).
(VI) Another sign language not listed. Specify: (with open text box).
(F) "How well do you speak English?" Response options:
(i) Very well.
(ii) Well.
(iii) Not well.
(iv) Not at all
(3) If a requestor is collecting information in accordance with this rule but there is no intent or need for ongoing communication between the requestor or others who may need to communicate with the individual or the individual’s caregiver, then the following questions about language and communication needs must be asked:“Do you only use English at home?”
(a) Response options:
(A) Yes.
(B) No.
(b) “Do you typically need or want any of the following to help with communications on important matters such as medical, legal, or health information?” Response options:
(A) Yes – Assistive Listening Device such as an FM or Loop. Specify: (with open text box).
(B) Yes – CART/Captioning.
(C) No.
(c) If the response to the question in subsection (3)(a) of this rule is no, the requestor must ask the following questions:
(A) “What language(s) do you use at home?"
(B) “What language would you prefer to use when communicating with someone outside the home about important matters such as medical, legal, or health information?”
(C) "What language would you prefer to use to read important written information such as medical, legal, or health information?"
(D) "How well do you speak English?" Response options:
(i) Very well.
(ii) Well.
(iii) Not well.
(iv) Not at all.
(4) If in response to the questions in subsections (2)(c)(A) or (3)(b)(A) of this rule an individual’s answer includes a language other than English but the language is sign language, the requestor does not need to ask the questions in subsections (2)(c)(F) or (3)(c)(D) of this rule.
(5) Requestors who are collecting language data electronically using the ISO 639-3 standard and who are able to use auto-completion or smart filtering capabilities must use the full ISO code list provided by OHA, which includes relevant local codes.
(6) Requestors who are collecting language data electronically using the ISO 639-3 standard and who are not able to use auto-completion or smart filtering capabilities must use the abridged ISO code list provided by OHA.
(7) If a requestor uses technology that limits their ability to implement section (6) of this rule, a requestor must contact the Oregon Health Authority REALD and SOGI Governance Committee to receive guidance on acceptable alternative(s).
History
- Statutory/Other Authority: ORS 413.161 & ORS 413.042
- Statutes/Other Implemented: ORS 413.161
- EID 2-2024, amend filed 07/02/2024, effective 07/02/2024
- OHA 3-2023, renumbered from 943-070-0040, filed 05/04/2023, effective 05/04/2023
- OHA 1-2021, amend filed 03/23/2021, effective 03/23/2021
- OHA 4-2020, temporary amend filed 11/06/2020, effective 11/06/2020 through 03/29/2021
- OHA 2-2020, temporary amend filed 09/29/2020, effective 10/01/2020 through 03/29/2021
- OHA 2-2014, f. & cert. ef. 3-10-14
Or. Admin. R. 950-030-0050 Disability Demographic Data Collection Standards
(1) A requestor must ask the following questions regarding functional limitations of individuals of any age, except as specified in section (9) of this rule:
(a) "Are you deaf or do you have serious difficulty hearing?"
(b) "Are you blind or do you have serious difficulty seeing, even when wearing glasses?"
(2) A requestor must ask the following questions for individuals five years of age or older:
(a) "Do you have serious difficulty walking or climbing stairs?"
(b) "Because of a physical, mental, or emotional condition, do you have serious difficulty concentrating, remembering, or making decisions?"
(c) "Do you have difficulty dressing or bathing?"
(d) "Do you have serious difficulty learning how to do things most people your age can learn?"
(e) "Using your usual (customary) language, do you have serious difficulty communicating, (for example understanding or being understood by others)?"
(3) A requestor must ask the following questions regarding functional limitations for individuals 15 years of age or older:
(a) "Because of a physical, mental, or emotional condition, do you have difficulty doing errands alone such as visiting a doctor's office or shopping?"
(b) "Do you have serious difficulty with the following: mood, intense feelings, controlling your behavior, or experiencing delusions or hallucinations?"
(4) A requestor must ask the individual at what age the condition began for any "yes" response to any question in sections (1) through (3) of this rule.
(5) An individual must be asked an open-ended question: “If you identify as someone with a disability, or as having a physical, mental, emotional, cognitive, or intellectual condition, describe your disability or condition in any way you prefer: (with open text box).
(6) If a requestor or other person has a need for ongoing communication with the individual, and if the individual indicates they have a functional limitation or disability in any of the questions in this section, including the open-ended question specified in section (5) of this rule, a requestor must ask, “If you identify as someone with a disability, or as having a physical, mental, emotional, cognitive, or intellectual condition, do you need or want disability-related accommodations?” Response options:
(a) Yes.
(b) No.
(7) If the response to the question in section (6) of this rule is yes, a requestor must ask, "If yes, select all that apply and enter additional details below." Response options:
(a) Alternate formats: (with open text box).
(b) Building access: (with open text box).
(c) Communication access (in-person, print materials, electronic): (with open text box).
(d) Coordinating and scheduling care or services: (with open text box).
(e) Environmental and sensory: (with open text box).
(f) Equipment access: (with open text box).
(g) Other staff support: (with open text box).
(h) Not listed. Specify: (with open text box).
(8) If a requestor is collecting information in accordance with this rule but there is no intent or need for ongoing communication between the requestor or others who may need to communicate with the individual or the individual’s caregiver, then the following questions about functional difficulties must be asked:
(a) “If you identify as someone with a disability, or as having a physical, mental, emotional, cognitive, or intellectual condition, do you typically need or want disability-related accommodations to help with communications on important matters such as medical, legal, or health information?” Response options:
(A) Yes.
(B) No.
(b) If the response to the question in subsection (8)(a) of this rule is yes, a requestor must ask the following open-ended question, “If yes, describe what accommodations you typically need or want:”.
(9) If a requestor is directly asking a child the questions in this rule and not a parent or guardian, the requestor is not required to ask a child under the age of 11 or in a grade level below 5th grade to answer the questions in section (1) and (2) of this rule.
(10) If a requestor uses technology that limits their ability to store data from the open text boxes listed in (7) and (8) of this rule and or would prefer to use standardized lists provided by Oregon Health Authority, a requestor must contact the Oregon Health Authority REALD and SOGI Governance Committee to receive guidance on acceptable alternative(s).
History
- Statutory/Other Authority: ORS 413.161 & ORS 413.042
- Statutes/Other Implemented: ORS 413.161
- EID 2-2024, amend filed 07/02/2024, effective 07/02/2024
- OHA 3-2023, renumbered from 943-070-0050, filed 05/04/2023, effective 05/04/2023
- OHA 1-2021, amend filed 03/23/2021, effective 03/23/2021
- OHA 4-2020, temporary amend filed 11/06/2020, effective 11/06/2020 through 03/29/2021
- OHA 2-2020, temporary amend filed 09/29/2020, effective 10/01/2020 through 03/29/2021
- OHA 2-2014, f. & cert. ef. 3-10-14
Or. Admin. R. 950-030-0060 Sexual Orientation and Gender Identity (SOGI) Demographic Data Collection Standards
(1) A requestor must ask the questions in this rule using the following age-based guidelines:
(a) For individuals under age 5, a requestor must ask the question in section (4) of this rule.
(b) For individuals ages 5 to 11, a requestor must ask the questions in section (4) and (9) of this rule.
(c) For individuals ages 12 and 13, a requestor must ask either the questions in sections (2) through (6) or the questions in sections (4) and (9) of this rule, and should use professional judgment to determine which of these two sets of questions to ask.
(d) For individuals ages 14 and older, a requestor must ask the questions in sections (2) through (6) of this rule.
(2) A requestor must ask an open-ended question regarding gender identity: "Describe your gender in any way you prefer:"
(3) A requestor must ask the following questions regarding gender identity and gender modality:
(a) “What is your gender?” Response options:
(A) Girl or woman.
(B) Boy or man.
(C) Nonbinary.
(D) Agender/No gender.
(E) Bigender.
(F) Demiboy.
(G) Demigirl.
(H) Genderfluid.
(I) Genderqueer.
(J) Questioning/Exploring.
(K) Not listed, my gender is: (with open text box).
(L) I have a gender identity not listed here that is specific to my ethnicity: (with open text box).
(b) “Are you transgender?” Response options:
(A) Yes.
(B) No.
(C) Questioning/Exploring.
(4) A requestor must ask the following questions regarding sex: “What is your sex?” Response options:
(a) Female.
(b) Male.
(c) Intersex.
(d) Not listed, my sex is: (with open text box).
(5) A requestor must ask an open-ended question regarding sexual orientation: "Describe your sexual orientation or sexual identity in any way you prefer:” (with open text box)
(6) A requestor must ask the following question regarding sexual orientation: “What is your sexual orientation?
(a) Same-gender loving.
(b) Lesbian.
(c) Gay.
(d) Bisexual.
(e) Pansexual.
(f) Straight or heterosexual.
(g) Asexual Spectrum.
(h) Queer.
(i) Questioning/Exploring.
(j) Not listed, my sexual orientation is: (with open text box).
(7) For individuals who selected the race and ethnicity category of “American Indian” or “Alaska Native” specified in OAR 950-030-0030(2)(a) or (2)(b), the requestor must display the additional response option of “Two Spirit” for the questions in sections (3)(a) and (6) of this rule.
(8) For questions specified in sections (3)(a), (6) and (9) of this rule, a requestor must instruct individuals, either in writing or verbally, that more than one response may be chosen.
(9) A requestor must ask the following question: “Are you currently:” Response options:
(a) A boy.
(b) A girl.
(c) Both a boy and a girl.
(d) Neither a boy nor a girl.
(e) Something else. Specify: (with open text box).
(f) It changes over time.
History
- Statutory/Other Authority: ORS 413.161 & ORS 413.042
- Statutes/Other Implemented: ORS 413.161
- EID 2-2024, adopt filed 07/02/2024, effective 07/02/2024
Or. Admin. R. 950-030-0200 Reporting Progress on Implementation
(1) All programs of the Oregon Health Authority (OHA) that collect demographic data must report to the OHA Equity and Inclusion Division in February of each even numbered year. Reports shall include information about each program’s:
(a) Progress in implementing these standards.
(b) Challenges to full implementation of these standards.
(c) Plan for addressing challenges, including identifying responsible staff and timeline.
(2) The OHA Equity and Inclusion Division shall use data provided by the programs to create a report for the legislature as required by ORS 413.162.
History
- Statutory/Other Authority: ORS 413.042 & ORS 413.161
- Statutes/Other Implemented: ORS 413.161
- EID 2-2024, amend filed 07/02/2024, effective 07/02/2024
- OHA 3-2023, renumbered from 943-070-0060, filed 05/04/2023, effective 05/04/2023
- OHA 2-2014, f. & cert. ef. 3-10-14
Division 33 REALD AND SOGI GRANT PROGRAM
Or. Admin. R. 950-033-0000 REALD & SOGI Grant Program
(1) Establishes the REALD & SOGI Grant Program Rules. The Program offers grants supporting safe data collection by community health organizations and community-based groups with demonstrated experience serving tribal communities, communities of color, LGBTQ+ people, people with disabilities, people who speak primary languages other than English and other underserved populations.
(2)(a) Purpose and Scope
(b) ORS 413.166 requires the Oregon Health Authority (OHA) to develop and administer a grant program to provide funding for the purpose of supporting safe REALD & SOGI data collection by community health organizations and community-based groups with demonstrated experience serving tribal communities, communities of color, LGBTQIA2S+ people, people with disabilities, people who speak primary languages other than English and other underserved populations. These rules implement that grant program, referred to as the REALD & SOGI grant program.
History
- Statutory/Other Authority: ORS 413.446
- Statutes/Other Implemented: ORS 413.446
- EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
Or. Admin. R. 950-033-0010 Definitions
The following definitions apply to OAR 950-033-0000 to 950-033-0045, unless otherwise noted:
(1) “Awardee” means an applicant that is selected for a grant award through the REALD & SOGI grant program.
(2) “Grant agreement” means a legal document agreed to and signed by awardee and the Oregon Health Authority (OHA) that describes the terms and conditions for receipt of the grant award.
(3) “Grant applicant” or “applicant” means an eligible entity that submits an application for a grant award from the REALD & SOGI Grant Program.
(4) “Community health organization” includes but is not limited to community focused or supported health organizations such as FQHCs, community health clinics, and healthcare focused community-based groups and organizations (CBOs), and tribal health clinics.
(5) “Community-based group” or “Community Based Organization” (CBO) means a group or organization that is community driven, that support and are aimed at improving specific communities’ social and physical health, well-being, success and overall quality of life, and that often are representative of communities that have been marginalized, oppressed, underserved, stigmatized and discriminated against.
(6) “Culturally responsive” means showing full respect for and the relevance of the beliefs, practices, culture and linguistic needs of diverse people and communities being served; having the capacity to respond to the unique issues and characteristics of diverse communities, taking into account language, cultural approaches, strengths, perspectives, experiences, values and norms; and being welcoming, accessible, appropriate and effective for all eligible intended recipients.
(7) “Trauma-informed” or “trauma awareness” means considering and evaluating the role that trauma plays in the lives of people seeking assistance and providing assistance in a manner that is responsive to the vulnerabilities of trauma survivors and avoids inadvertent re-traumatization.
History
- Statutory/Other Authority: ORS 413.116
- Statutes/Other Implemented: ORS 413.116
- EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
Or. Admin. R. 950-033-0020 Grant Announcement
The Oregon Health Authority must announce availability of funding from the REALD & SOGI Grant Program and the announcement must include:
(1) Available funding;
(2) Eligible entities and services;
(3) Term of the grant;
(4) Template grant agreement;
(5) Template budget;
(6) Application criteria; and
(7) Evaluation and review process.
History
- Statutory/Other Authority: ORS 413.116
- Statutes/Other Implemented: ORS 413.166
- EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
Or. Admin. R. 950-033-0025 Eligible Entities and Eligible Services
Community health organizations and community-based groups in Oregon are eligible to apply for the REALD & SOGI grant. In accordance with ORS 413.166. The Oregon Health Authority, Equity and Inclusion Division encourages grant applications that describe activities that provide culturally responsive, trauma-informed trainings on the collection of the demographic data described in ORS 413.164(2).
History
- Statutory/Other Authority: ORS 413.446
- Statutes/Other Implemented: ORS 413.446
- EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
Or. Admin. R. 950-033-0030 Application Criteria
An application for REALD & SOGI grant funding must contain all information required by OHA in the grant solicitation, including but not limited to:
(1) A detailed scope of work that provides a description of the services to be offered or training to be received, in order to provide culturally responsive, trauma-informed trainings on the collection of the data described in ORS 413.164(2) The description must include a plan for how the applicant would use funding, indicating what, if any, services would be subcontracted;
(2) Documentation of the applicant’s experience offering the proposed support and/or trainings;
(3) Documentation of the applicant’s experience with providing training on any or all of the following topics, as these terms are described in OAR 944, division 010:
(a) Trauma-informed services;
(b) Culturally and linguistically specific services;
(c) Culturally and linguistically responsive services;
(d) Services to individuals with intellectual and developmental disabilities;
(e) Services to individuals with physical disabilities;
(f) Gender affirming and responsive care;
(g) LGBTQIA2S+ affirming and inclusive services;
(h) Youth friendly and inclusive services.
(4) If the applicant is a past recipient of REALD & SOGI funding, the applicant must provide a detailed description of the services provided under the previous award and how the usage of an additional award would be substantially different;
(5) A detailed project description that includes timelines for deliverables if funded with REALD & SOGI funds, the estimated number of individuals to be served over the term of the grant for each service type, and the intended impact of the project;
(6) A detailed operating budget for the project using the provided template and including a budget narrative.
History
- Statutory/Other Authority: ORS 413.166
- Statutes/Other Implemented: ORS 413.166
- EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.446
- Statutes/Other Implemented: ORS 413.446
- EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
Or. Admin. R. 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 .
History
- Statutory/Other Authority: ORS 413.446
- Statutes/Other Implemented: ORS 413.446
- EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.446
- Statutes/Other Implemented: ORS 413.446
- EID 3-2024, adopt filed 10/01/2024, effective 10/01/2024
Division 38 REALD AND SOGI ADVISORY COMMITTEE
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.042 & 413.161
- Statutes/Other Implemented: ORS 413.161
- 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
Division 40 CULTURAL COMPETENCY CONTINUING EDUCATION FOR HEALTH CARE PROFESSIONALS
Or. Admin. R. 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.
History
- 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
- 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
Or. Admin. R. 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.
History
- 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)
- 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
Or. Admin. R. 950-040-0020 Cultural Competency Continuing Education Resources and Support
(1) The Authority, through its Office of Equity and Inclusion, shall create, maintain and make available a registry of approved continuing education opportunities for developing cultural competence for regulated health care professionals. The continuing education opportunities may include, but are not limited to:
(a) Courses delivered either in person or electronically;
(b) Experiential learning such as cultural or linguistic immersion;
(c) Service learning; or
(d) Specially designed cultural experiences.
(2) The Authority, through its Office of Equity and Inclusion, shall create, maintain and make available the criteria used to evaluate and approve continuing education opportunities for developing cultural competency in regulated health care professionals.
(3) Affected boards that choose to develop, review, or approve their own or other continuing education opportunities shall use the Authority criteria in developing, reviewing, or approving their own or other continuing education opportunities for regulated health care professionals.
(4) The Authority shall establish an advisory committee to:
(a) Develop or update criteria for approving cultural competency continuing education opportunities.
(b) Review, discuss and recommend for approval to the Authority, submitted applications for cultural competence continuing education opportunities.
(5) The advisory committee shall include, at minimum:
(a) A representative from an Oregon federally recognized tribe.
(b) Members of communities that experience health disparities or inequities because of race, ethnicity or culture.
(c) A representative of intersecting identities of race, ethnicity, or culture, with LGBTQ, disability, or other disenfranchised community identity.
(d) A patient advocate.
(e) Representatives of impacted health care professional boards.
(f) A representative of Coordinated Care Organizations.
(g) A representative of an association or educational entity that offers continuing education to health professionals.
(6) Authority approved continuing education opportunities shall teach attitudes, knowledge and skills enabling health care professionals to effectively communicate with and care for patients from diverse cultures, groups, and communities. These skills may include:
(a) Applying linguistic skills to communicate effectively with patients.
(b) Using cultural information to establish therapeutic relationships.
(c) Eliciting, understanding and applying cultural and ethnic data in the process of clinical care.
(7) The Authority shall base the list of approved opportunities for cultural competency continuing education on the criteria established by the advisory committee. The criteria for culturally competent opportunities, as defined in the Cultural Competency Education Criteria document, fall into four domains:
(a) Domain I: Culturally competent practice requires self-awareness and self-assessment of providers’ beliefs, attitudes, emotions and values.
(b) Domain II: Culturally competent practice requires the acquisition of knowledge by providers.
(c) Domain III: Culturally competent practice requires the acquisition of skills by providers.
(d) Domain IV: Culturally competent training requires specific educational approaches.
History
- Statutory/Other Authority: ORS 413.042 & 2013 OL Ch. 240
- Statutes/Other Implemented: HB 2011 (2019) & 2013 OL Ch. 240
- OHA 2-2023, renumbered from 943-090-0020, 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
Division 50 STANDARDS FOR HEALTH CARE INTERPRETER REGISTRY ENROLLMENT AND REQUIREMENTS TO WORK WITH QUALIFIED OR CERTIFIED HEALTH CARE INTERPRETERS
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 419.558 & ORS 413.556
- 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
Or. Admin. R. 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 these rules.
(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.
(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 414.572 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 include assistance with the activities of daily living or instrumental activities of daily living by providers.
(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;
(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; and
(d) Sight translate simple written documents for a person with limited English proficiency;
(e) “Health care interpreter” also includes an individual who can provide the services described in paragraphs (a) through (c) of this subsection in a language of lesser diffusion 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 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.
(h) “Health care provider” does not include any individual listed in paragraph (a) of this subsection when providing services as an employee of or under contract with:
(A) A school district, as defined in ORS 332.002;
(B) A public charter school, as defined in ORS 338.005; or
(C) An education service district, as defined in ORS 334.003.
(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” has the same meaning as “Interpretation service company” in 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:
(a) 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
(b) An individual who prefers to communicate in a language other than English.
(16) “Public funds” means any financial reimbursement or support provided directly or indirectly by the state, county, city, or federal government or any other public entity for the purpose of covering health care services, and includes but may not be limited to:
(a) Medicaid or the Oregon Health Plan;
(b) Medicare;
(c) The U.S. Department of Veterans Affairs;
(d) The Indian Health Service; and
(e) Any medical assistance program administered by the Oregon Health Authority, the Oregon Department of Human Services, or any county or city within Oregon.
(17) “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.
(18) “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.
(19) “Sight translate” means to translate a simple written document into spoken or signed language.
(20) “These rules” means OAR 950, Division 50.
(21) "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.
(22) "Written verification" means providing proof 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- EID 3-2025, amend filed 10/24/2025, effective 11/01/2025
- OEI 1-2023, minor correction filed 05/02/2023, effective 05/02/2023
- PH 16-2023, renumbered from 333-002-0010, 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- 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
Or. Admin. R. 950-050-0040 Eligibility Standards for Central Registry Enrollment, Qualification and Certification
(1) To be enrolled in the Health Care Interpreter (HCI) central registry, an individual must:
(a) Be at least 18 years of age.
(b) Reside in the United States.
(c) Have at least a high school diploma from an accredited school in the United States of America, or pass the General Educational Development Test (GED), or have an equivalent education from another country.
(A) Individuals who received education outside the United States may apply to the Oregon Health Authority for an exception to this requirement when documentation to prove education is not available.
(B) Exceptions are at the sole discretion of the Oregon Health Authority.
(d) Not be on the Medicaid Exclusion list.
(e) Agree to abide by a nationally recognized code of ethics and standards of practice such as the National Code of Ethics for Interpreters in Health Care, the National Standards of Practice for Interpreters in Health Care, and the Registry of Interpreters for the Deaf (RID) Code of Professional Conduct, as applicable.
(f) Submit the required forms and documentation to become a certified or qualified health care interpreter as defined by OAR 950, division 50.
(g) Agree to provide their full name (to include first and last name), their OHA central registry number, and the language they are interpreting for each interpreting session to health care providers, interpreting service companies, and Coordinated Care Organizations.
(2) Applicants seeking to become a qualified health care interpreter for a spoken language or languages and enrolled in the central registry must:
(a) Complete an application on a form prescribed by the Authority and meet the requirements set out in section (1) of this rule;
(b) Provide written verification of one of the following:
(A) At least 60 hours of formal training as defined in OAR 950-050-0060, with a certificate of completion dated no more than one year prior to the date of the written application to the HCI central registry; or
(B) At least 60 hours of formal training as defined in OAR 950-050-0060, with a certificate of completion dated more than one year, but no more than two years, prior to the date of the written HCI central registry application, along with documentation that shows the applicant has been performing HCI work since completing the training. Documentation shall include a letter of proof, on letterhead from the supervisor or the client. If the training was completed more than two years prior to the application date, the applicant must retake the full 60-hour training before applying; or
(C) Educators and trainers of health care interpreters who have worked in the field for two consecutive years within the 4 years prior to the date of application may receive credit for 40 hours of the 60 hour requirement by providing valid documentation from an established registry or institution for time spent training health care interpreters. The remaining 20 hours shall meet Oregon Health Authority-approved requirements.
(c) Demonstrate health care interpreting knowledge by passing a skill evaluation offered by an Oregon Health Authority-approved language proficiency testing center provided for in OAR 950-050-0070, or meet equivalent language proficiency requirements set by the Oregon Health Authority. Equivalent standards include having an organization or community that represents limited English proficiency members provide language proficiency testing for languages that do not have a test available.
(3) Applicants seeking to become a qualified health care interpreter for American Sign Language and enrolled in the central registry must:
(a) Complete an application prescribed by the Authority and meet the requirements set out in section (1) of this rule;
(b) Provide written verification of certification in American Sign Language interpreting from the Registry of Interpreters for the Deaf (RID) or other Oregon Health Authority-approved signed language certification and testing bodies; and
(c) Provide verification of passing an approved language proficiency exam, such as the American Sign Language Proficiency Interview (ASLPI); or the Sign Language Proficiency Interview (SLPI; ASL) with a minimum proficiency level of 4 or advanced.
(4) Applicants seeking to become a certified health care interpreter in a spoken language or languages and enrolled in the central registry must:
(a) Complete an application prescribed by the Authority;
(b) Provide the information and comply with the requirements set out in section (1) and (2) of this rule; and
(c) Pass a certification test at an Oregon Health Authority approved interpreter certification testing center on the list provided for in OAR 950-050-0070.
(5) Applicants seeking to become a certified health care interpreter in American Sign Language and enrolled in the central registry must:
(a) Complete an application prescribed by the Authority; and
(b) Provide the information and comply with the requirements set out in sections (1), (2)(b), and (3) of this rule.
(6) Applicants seeking to become signed language interpreters and enrolled in the central registry must:
(a) Have a Registry of Interpreters for the Deaf (RID) certification; and
(b) Provide verification of passing an approved language proficiency exam, such as the American Sign Language Proficiency Interview (ASLPI); or the Sign Language Proficiency Interview (SLPI; ASL) with a minimum proficiency level of 4 or advanced.
(7) The Oregon Health Authority may accept formal training from entities in the United States and its territories that demonstrate their criteria are equal to or exceed Oregon's criteria as established by these rules.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- EID 3-2025, amend filed 10/24/2025, effective 11/01/2025
- OEI 22-2023, amend filed 07/28/2023, effective 08/01/2023
- OEI 4-2023, minor correction filed 05/02/2023, effective 05/02/2023
- PH 16-2023, renumbered from 333-002-0040, 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 15-2010(Temp), f. 7-13-10, cert. ef. 7-15-10 thru 1-10-11
- PH 26-2006, f. & cert. ef. 11-16-06
- PH 18-2006, f. & cert. ef. 8-2-06
Or. Admin. R. 950-050-0050 Application Procedure
(1) Upon request, the Authority shall provide a link to the Health Workforce Registry Applicant Portal or a link to the Health Care Interpreter (HCI) application packet to any individual seeking certification or qualification as an HCI. Applications must only be submitted by the individual who is applying to become an HCI.
(2) Applicants shall submit required forms and supplemental materials, including government-issued identification from the approved list in section (5) of this rule, proof of formal training and a copy of any Authority-approved national certification, if applicable, to the Authority.
(3) To meet testing requirements, applicants shall authorize an Authority-approved testing center to provide the Authority with proof of their test results.
(a) Requests for language proficiency testing or certification testing shall be made directly to the approved testing center.
(b) Required testing fees shall be paid directly to the approved testing center.
(c) Test results shall become part of the applicant’s permanent record.
(4) Supplemental materials in languages other than English shall be accompanied by:
(a) An accurate translation of those documents into English; and
(b) A signed and dated translator’s certificate, from a translator other than the applicant and not related to the applicant by blood or marriage, stating that the documents provided are a true and accurate translation and that the translator is not related to the applicant. If there are no other translators available other than those related to the applicant by blood or marriage, then the translator shall provide a written statement of their relationship to the applicant, their translator qualifications, and a statement that there is no conflict of interest created.
(c) The applicant shall pay for any translation costs for documents required by the Authority.
(5) Applicants shall provide at least one form of identification that includes a photograph and is issued by a United States federal, state or local government agency. Acceptable photographic identification includes:
(a) A current United States passport.
(b) A current United States passport card.
(c) A current U.S. Territory passport.
(d) Tribal ID card from a federally recognized tribe.
(e) Certificate of Citizenship (N560 and N561).
(f) Certificate of Naturalization (N550, N570 and N578).
(g) U.S. Citizen Identification Card (I-197 and I-179).
(h) U.S. Military documents including:
(A) Military or Armed Forces ID Card;
(B) Military Common Access Card; or
(C) U.S. Uniform Services ID and Privileges Card (DD1173 and DD1173-1).
(i) Noncitizen resident card, such as a Green Card, or Permanent Resident Card (I-551).
(j) Current government-issued driver’s license, instruction permit or identification card that contains the applicant's photograph.
(6) The Authority may:
(a) Refuse to accept a document as proof of identity or other application material if the Authority has reason to believe the document is not valid.
(b) Request an applicant to present additional proof of identity.
(7) Upon submission of the application, the applicant will receive an auto-generated email confirming the application has been received. If the Authority determines that the application is not complete or that the required documentation is not acceptable, the Authority shall notify the applicant within 30 days of receipt.
(8) The Authority shall notify the applicant of the Authority’s determination on the application no later than 60 days after the date the completed application is received by the Authority.
(9) Applicants may withdraw from the process at any time by providing written notification to the Authority.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- EID 3-2025, amend filed 10/24/2025, effective 11/01/2025
- PH 16-2023, renumbered from 333-002-0050, 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
Or. Admin. R. 950-050-0060 Formal Training Documentation and Approval of Training Programs
(1) Applicants seeking Health Care Interpreter (HCI) certification or qualification shall provide written verification of the successful completion of at least 60 hours of Authority-approved formal training, including a minimum of:
(a) Fifty-two hours of integrated medical terminology, anatomy and physiology, introductory health care interpreting concepts and modes, including supervised practice; and
(b) Eight hours of Health Care Interpreting Ethics.
(2) Health Care Interpreter (HCI) training programs seeking approval from the Authority shall submit an application prescribed by the Authority and must receive written confirmation of approval from the Authority before the Authority will consider instruction to students to count toward a student’s 60-hour HCI training requirement. Programs must demonstrate that they meet all required elements outlined in these rules and in the formal application materials to be approved.
(a) To receive and maintain approval of their core curriculum, a training program must:
(A) Include a minimum of fifty-two hours of instruction in anatomy, physiology, medical terminology, and introductory health care interpreting concepts and modes;
(B) Include a minimum of eight hours of instruction in health care interpreting ethics and standards of practice as outlined in these rules;
(C) Incorporate instruction in message conversion, discourse analysis, speech delivery, idiomatic and regional language variation, memory and note-taking strategies, and self-assessment;
(D) Include all three primary modes of interpreting: consecutive, simultaneous, and sight translation, and provide exposure to basic written translation; and
(E) Include cultural competency training covering how culture affects health and health care delivery.
(b) To be approved and to maintain approval, training programs must demonstrate the use of at least two reflective (R) and two active (A) instructional strategies, such as but not limited to lectures with visual aids, guest speakers, role plays, case studies, and simulations.
(c) Assessment and attendance. To be approved and to maintain approval training programs must:
(A) Require 100% attendance for successful completion; and
(B) Include both formative and summative assessments to evaluate interpreter readiness.
(d) Program approval and renewal:
(A) OHA-approved training programs must renew their approval every three years by submitting to the Authority a renewal application prescribed by the Authority.
(B) Programs must notify OHA within 30 days of any substantive changes to curriculum, instructional staff, or organizational structure.
(C) OHA reserves the right to observe training sessions at any time for quality assurance purposes.
(e) Application resubmission. If a training program’s application is not complete:
(A) After the first notice that an application is not complete, the training program may correct the application and resubmit immediately.
(B) After a second notice that an application is not complete, the training program must wait a minimum of three months from the date on the application notification before resubmitting.
(C) After a third notice that an application is not complete, and each subsequent notice, the training program must wait a minimum of six months from the date on the application notification before resubmitting.
(f) Application denial or revocation. Training programs whose application is denied, or approval is revoked, must wait a minimum of two years from the date on the application denial or revocation notification before reapplying.
(g) All health care interpreter training programs seeking approval under this rule must be physically based in the United States and must conduct their administrative and instructional operations within U.S. jurisdictions.
(h) Programs must provide documentation verifying their U.S. presence, which may include:
(A) A current business license issued by a U.S. state or local government.
(B) A physical address within the United States where instruction or administration occurs.
(C) A copy of the program’s IRS Employer Identification Number (EIN) registration or tax-exempt status, if applicable.
(D) A signed attestation from the program director confirming that all instruction and program oversight occur within the United States.
(i) The Authority may use a variety of methods to verify the program’s United States presence and those found to be operating outside of the U.S. or misrepresenting their location may be denied approval of have their approval revoked.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- EID 3-2025, amend filed 10/24/2025, effective 11/01/2025
- PH 16-2023, renumbered from 333-002-0060, 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 15, 2010(Temp), f. 7-13-10, cert. ef. 7-15-10 thru 1-10-11
- PH 18-2006, f. & cert. ef. 8-2-06
Or. Admin. R. 950-050-0070 Approval of Testing Centers, Skill Evaluation and Assessment
(1) The Authority shall enter into a memorandum of agreement with interpreter certification testing centers and language proficiency testing centers establishing the manner and means for testing Oregon applicants for health care interpreter certification and qualification, and including a process for sharing testing information with the Authority and the applicant. Equivalent standards include having an organization or community that represents limited English proficient members provide language proficiency testing for languages that do not have a test available.
(2) Authority-approved interpreter testing centers shall test interpreting performance in at least two interpreting modes.
(3) The Authority shall maintain and make readily available to the public a list of approved interpreter certification testing centers and language proficiency testing centers.
(4) The Authority may proctor testing and determine testing locations if the approved interpreter testing centers do not have their own testing centers and the ability to verify the applicant’s identity before testing.
(5) The Authority will accept testing of American Sign Language proficiency when an applicant provides documentation of:
(a) Passing a skill evaluation offered by the American Sign Language Proficiency Interview (ASLPI) at rating of 4 or above; or
(b) A Signed Language Proficiency Interview conducted in American Sign Language (SLPI:ASL) at a rating of advanced or above; or
(c) Meeting equivalent language proficiency requirements set by the Authority as outlined in this Section.
(6) Government issued photo identification showing the name and address of the applicant such as a valid driver's license, state identification card, military identification, current passport, or immigration or naturalization documents shall be presented before an individual enters an evaluation or assessment.
(7) An applicant whose conduct interferes with or disrupts the testing process may be dismissed and disqualified from future evaluations and assessments. Such conduct includes but is not limited to the following behaviors:
(a) Giving or receiving evaluation or assessment data, either directly or indirectly, during the testing process.
(b) Failing to follow oral or written instructions related to conducting the evaluation or assessment, including termination times and procedures.
(c) Introducing unauthorized materials during any portion of the evaluation or assessment.
(d) Attempting to remove evaluation or assessment materials or notations from the testing site.
(e) Falsifying or misrepresenting educational credentials or other information required for admission to the evaluation or assessment.
(8) Applicants needing accommodation because of a disability may apply to the testing center for accommodations to complete an evaluation or assessment.
(9) Test questions, scoring keys, and other data used to administer evaluations and assessments are exempt from disclosure under ORS 192.410 through 192.505.
(10) The Authority may release statistical information regarding evaluation or assessment pass or fail rates by group, evaluation or assessment type, and subject area to any interested party.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- PH 16-2023, renumbered from 333-002-0070, 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558 & ORS 413.556
- Statutes/Other Implemented: ORS 413.558 & ORS 413.556
- 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
Or. Admin. R. 950-050-0130 Denial, Revocation, Suspension, Refusal to Renew, Progressive Disciplinary Actions, and Credential Status Reinstatement for Certification and Qualification
(1) The Authority shall deny, revoke, suspend or refuse to renew a letter of certification or qualification if:
(a) An applicant for an initial certification or qualification fails to meet the eligibility standards of OAR 950-050-0040.
(b) An applicant for certification or qualification renewal fails to comply with the requirements of OAR 950-050-0120.
(c) An applicant submits information that cannot be verified.
(d) An applicant engages in conduct or practices found by the Authority to be in violation of the National Council on Interpreting in Health Care Code of Ethics, the National Council on Interpreting in Health Care Standards of Practice, or the Registry of Interpreters for the Deaf (RID) Code of Professional Conduct, as applicable.
(2) The Authority may deny, revoke, suspend, or refuse to renew a certification or qualification, or impose remedial education or corrective actions on a renewal applicant or an individual on the central registry , if the individual engages in any of the following conduct:
(a) Representing that the applicant or individual is an Oregon certified or qualified health care interpreter without having been issued a valid letter of certification or qualification by the Authority.
(b) Knowingly giving false information to the Authority.
(c) Violating the credentialing process by:
(A) Falsifying or misrepresenting education credentials or other information required for admission to an evaluation or assessment.
(B) Having an impersonator take an evaluation or assessment on the applicant or enrollee’s behalf.
(C) Impersonating an applicant or individual.
(d) Having a credential to provide health care interpreting services in another state, territory or country, or issued by another certifying entity denied, revoked or suspended based on behavior by the individual similar to prohibited acts described in this rule.
(e) Allowing the use of an Authority issued credential by a non-credentialed person.
(f) Presenting another person’s credential as the applicant or enrollee’s own credential.
(g) Impersonating another Oregon certified or qualified HCI.
(h) Practicing health care interpreting services under a false or assumed name.
(i) Using or attempting to use a credential that has been revoked, suspended, or lapsed.
(j) Practicing or offering to practice beyond the scope of the National Code of Ethics or National Standards of Practice for Interpreters in Health Care, or the Registry of Interpreters for the Deaf (RID) Code of Professional Conduct, as applicable.
(k) Engaging in false, deceptive or misleading advertising of the applicant or enrollee’s certification or qualification credentials.
(A) False, deceptive or misleading advertising includes but is not limited to advertising health care interpreting services using the terms “Oregon qualified” or “Oregon certified” health care interpreter in any private or public communication or publication when not credentialed by the Authority.
(B) Advertising includes telephone directory listings, business cards, social media networking, or any other source of public communication.
(l) Failing to comply or cooperate with an Authority request in any way, including but not limited to a credentialing action or disciplinary proceeding, including:
(A) Failing to submit requested papers or documents.
(B) Failing to submit a written response to a complaint filed with the Authority.
(C) Failing to respond to requests for information issued by the Authority.
(3) The Authority may impose progressive disciplinary actions based on the severity, frequency, and nature of the violation. Disciplinary actions may include one or more of the following, but is not limited to:
(a) Issuance of a disciplinary letter of concern identifying the conduct and advising the individual of necessary corrective action.
(b) Requirement to complete remedial education or training relevant to the violation, including but not limited to ethics, standards of practice, or professional conduct.
(c) Revocation of qualification or certification, resulting in removal from the OHA central registry, subject to reinstatement under subsection (4) of this rule.
(4) An individual whose qualification or certification has been revoked may apply for reinstatement, no sooner than twenty-four months from the effective date of the revocation, by submitting a written request to the Authority. The individual must demonstrate what they have done to correct the violation or violations that led to the revocation and ensure that future misconduct will not occur. The request must include:
(a) A statement acknowledging the conduct that led to the disciplinary action and demonstrating understanding of the violation.
(b) Evidence of rehabilitation or corrective action taken, including but not limited to completion of any required remedial education or training.
(c) Documentation of compliance with all current eligibility, application, and renewal requirements under these rules.
(d) If required by the Authority, successful completion of a re-assessment or evaluation to demonstrate continued competency.
(e) Letters of reference or professional support, if requested by the Authority.
(f) Completed Authority-approved, fingerprint-based national criminal background check, if requested by the Authority.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- EID 3-2025, amend filed 10/24/2025, effective 11/01/2025
- OEI 9-2023, minor correction filed 05/02/2023, effective 05/02/2023
- PH 16-2023, renumbered from 333-002-0190, 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- 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
Or. Admin. R. 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.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: 413.558 & ORS 413.556
- 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
Or. Admin. R. 950-050-0160 Health Care Provider Requirements
(1) Beginning July 1, 2022, for onsite interpreting and no later than July 1, 2023, for remote interpreting, health care providers shall work with qualified or certified health care interpreters from the 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. Exceptions are allowed when the provider:
(a) Has documented proficiency in the preferred language of the person with limited English proficiency or communicates in the signed language of choice. Evidence of proficiency shall be made available to the Authority and relevant provider licensing and certification boards upon request. In addition to documenting proficiency, the health care provider shall 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 health care provider may work with the non-registered interpreter for that visit or episode of care. For each visit or episode of care that a provider works with a non-registered interpreter, the provider shall create and maintain records of the good faith efforts made by the provider to work with an interpreter from the central registry. Evidence of good faith efforts shall be made available to the Authority and relevant provider licensing and certification boards upon request. The Authority may release additional guidance on good faith efforts in the future. At a minimum, providers shall develop and maintain policies, processes, and outcomes describing:
(A) The steps the provider takes to work with an interpreter from the central registry for a health care appointment;
(B) The efforts the provider makes to reduce reliance on interpreters who are not on the central registry; and
(C) How the provider 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.
(2) Beginning July 1, 2022, health care providers shall maintain records of each encounter in which the provider 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 (1) of this rule. Records for interpreting services provided on or after September 1, 2022, shall be provided to the Authority upon the Authority’s request. The record shall 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.
(3) Health care providers shall provide personal protective equipment, consistent with established national standards, to health care interpreters providing services on-site at no cost to the interpreter. The health care provider shall not require that the health care interpreter procure the health care interpreter’s own personal protective equipment as a condition of working with the health care provider.
(4) Health care providers billing the Medicaid Fee-For-Service program for their services must also comply with Medicaid requirements outlined in OAR Chapter 410, Division 120 when working with a person with limited English proficiency or one who is Deaf or Hard of Hearing.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: ORS 419.558 & ORS 413.556
- PH 16-2023, renumbered from 333-002-0250, filed 04/14/2023, effective 04/14/2023
- PH 48-2022, adopt filed 04/27/2022, effective 07/01/2022
Or. Admin. R. 950-050-0170 Interpreting Service Companies
(1) Beginning September 1, 2022, for onsite interpreting and no later than July 1, 2023, for remote interpreting, an interpreting service company shall arrange for a health care interpreter to provide interpreting services only when the health care interpreter is listed on the central registry. An interpreting service company may only arrange for a health care interpreter who is not listed on the central registry when:
(a) The health care provider informs the interpreting service company that the health care provider has followed the requirements outlined in OAR 950-050-0160; or
(b) No health care interpreter on the central registry who is available in the requested language is employed or contracted with the interpreting service company.
(2) Beginning September 1, 2022, an interpreting service company shall maintain records for each referral of a health care interpreter to work with a health care provider. These records shall be provided to the Authority upon the Authority’s request. The record shall include:
(a) The full name of the health care interpreter.
(b) The health care interpreter’s central registry number, if applicable.
(c) The language being interpreted.
(3) An interpreting service company shall not represent to a health care provider that a contracted or employed health care interpreter referred by the company is a qualified or certified health care interpreter unless the interpreter has met the requirements for qualification or certification as outlined in OAR 950-050-0110 and has been issued a valid letter and central registry enrollment number.
(4) An interpreting service company shall not require that a health care interpreter procure the health care interpreter’s own personal protective equipment as a condition of receiving a referral.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: ORS 419.558 & ORS 413.556
- OEI 11-2023, minor correction filed 05/02/2023, effective 05/02/2023
- PH 16-2023, renumbered from 333-002-0270, filed 04/14/2023, effective 04/14/2023
- PH 48-2022, adopt filed 04/27/2022, effective 07/01/2022
Or. Admin. R. 950-050-0180 Coordinated Care Organizations (CCOs)
Coordinated Care Organizations shall work with qualified or certified health care interpreters from the central registry as detailed in OAR Chapter 410, Division 141.
History
- Statutory/Other Authority: ORS 413.558
- Statutes/Other Implemented: ORS 419.558 & ORS 413.556
- EID 3-2025, amend filed 10/24/2025, effective 11/01/2025
- PH 16-2023, renumbered from 333-002-0290, filed 04/14/2023, effective 04/14/2023
- PH 48-2022, adopt filed 04/27/2022, effective 07/01/2022
Division 60 TRADITIONAL HEALTH WORKERS
Or. Admin. R. 950-060-0000 Purpose
These rules establish the criteria for training, certification, and enrollment of traditional health workers (THW) in a registry maintained by the Oregon Health Authority (Authority). THWs include community health workers, personal health navigators, peer wellness specialists, peer support specialists, and birth doulas not otherwise regulated or certified by the State of Oregon. These rules also establish curriculum requirements and procedures for Authority approval of programs seeking to train Oregon’s traditional health workers.
History
- Statutory/Other Authority: ORS 413.042, 414.635 & 414.665
- Statutes/Other Implemented: 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0300, filed 05/04/2023, effective 05/04/2023
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0010 Definitions
The following definitions apply to OAR 950-060-0000 through 950-060-0160:
(1) "Authority" means the Oregon Health Authority.
(2) "Authority Approved Training Program" means an organization that provides an education in the core curriculum that meets Authority standards for one or more types of traditional health workers and is approved by the Authority to train those types of traditional health workers.
(3) "Birth Doula" means a birth companion who provides personal, nonmedical support to birthing person and their families throughout a birthing person's pregnancy, childbirth, and post-partum experience.
(4) "Birth Doula Certification Organization" is an entity recognized and approved by the Authority for training birth doulas whose educational requirements includes the core curriculum topics described in these rules.
(5) "Community-Based Organization (CBO)" means a public or private nonprofit organization that is representative of a community or significant segments of a community and engaged in meeting that community's needs in the areas of social, human, or health services.
(6) "Community Health Worker" has the meaning given that term in ORS 414.025.
(7) "Contact Hour" means an hour of classroom, group, or distance learning training. Contact hour does not include homework time, preparatory reading, or practicum.
(8) “Competencies” mean key skills and applied knowledge necessary for THWs to be effective in the work field and carry out their roles.
(9) “Equivalent Credit” means an individual fulfills the requirements of a course or combination of courses by completing a relatively comparable course or combination of courses.
(10) “Family Support Specialist” means an individual who meets qualification criteria adopted under ORS 414.665 and may be either a peer support specialist or a peer wellness specialist who, based on similar life experiences, provides support services to and has experience parenting a child who:
(a) Is a current or former consumer of mental health or addiction treatment; or
(b) Is facing or has faced difficulties in accessing education, health, and wellness services due to mental health or behavioral health barriers.
(11) “Legacy Clause for Traditional Health Workers" means an individual who has never been certified with the Authority before and gets recognition for Certification as a result of their prior training and work experience and fulfillment of all additional requirements for the Legacy clause as set forth in these rules.
(12) “Means Counseling” means the use of individual or family, in case of a child, strategies designed to reduce the access, by an individual who is at an elevated risk for suicide, to lethal means, including but not limited to firearms. Application of terms is in ORS 743A.168 and OAR 836-053-1403.
(13) “Peer Support Specialist” means an individual providing services to another individual who shares a similar life experience with the peer support specialist (addiction to addiction, mental health condition to mental health condition, family member of an individual with a mental health condition to family member of an individual with a mental health condition. A peer support specialist shall be:
(a) A self-identified individual currently or formerly receiving addictions or mental health services;
(b) A self-identified individual in recovery from an addiction disorder who meets the abstinence requirements for recovering staff in alcohol or other drug treatment programs;
(c) A self-identified individual in recovery from problem gambling.
(14) "Peer Wellness Specialist" has the meaning given that term in ORS 414.025.
(15) “Personal Health Navigator” has the meaning given that term in ORS 414.025.
(16) “Registry” means a list maintained by the Authority of traditional health workers certified under these rules.
(17) “Safety Planning” means a process of implementation of a document developed through a collaborative process in which the provider assisted the individual and family, in case of a child, that identified strategies to prevent suicide, overdose, or psychiatric emergency when the risk is elevated or following a period of crisis. Application of terms is in ORS 743A.168 and OAR 836-053-1403.
(18) “THW Applicant” means an individual who applies to the Authority for traditional health worker certification.
(19) “Traditional Health Worker (THW)” means a community health worker, peer wellness specialist, personal health navigator, peer support specialist, or birth doula not otherwise regulated or certified by the State of Oregon.
(20) “Training Program Applicant” means an organization or entity that applies for Authority approval of its training program and curricula for any of the traditional health worker types.
(21) “Verifiable Evidence” means a pay statement, services contract, student practicum, volunteer time log, or other documentation reflecting hours worked or volunteered.
(22) “Youth Support Specialist” means an individual who meets qualification criteria adopted under ORS 414.665 and may be either a peer support specialist or a peer wellness specialist and who, based on a similar life experience, provides supportive services to an individual who:
(a) Is not older than 30 years old, and
(b) Is a current or former consumer of mental health or addiction treatment; or
(c) Is facing or has faced difficulties in accessing education, health, and wellness services due to mental health or behavioral health barriers;
History
- Statutory/Other Authority: ORS 413.042, 414.665 & ORS 414.635
- Statutes/Other Implemented: 181.537, 414.665 & ORS 414.635
- EID 1-2025, temporary amend filed 07/03/2025, effective 07/07/2025 through 12/26/2025
- OEI 12-2023, minor correction filed 05/12/2023, effective 05/12/2023
- DMAP 40-2023, renumbered from 410-180-0305, filed 05/04/2023, effective 05/04/2023
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0020 Community Health Worker, Peer Wellness Specialist, Personal Health Navigator Certification Requirements
(1) To be certified as a community health worker, peer wellness specialist, or personal health navigator, an individual shall:
(a) Complete all required training offered by an Authority approved 80-hour training program for that individual’s traditional health worker (THW) type;
(b) Complete an Authority approved oral health training;
(c) Complete all application requirements to be in the state registry;
(d) Complete the Authority certification process; and
(e) Be successfully accepted into the state registry.
(2) Individuals who hold national or non-Oregon state certification and are in good standing with their certifying body may be granted reciprocity or receive equivalent credit for previously completed training. The Authority shall determine the criteria for reciprocity and equivalent credit.
History
- Statutory/Other Authority: ORS 413.042, 414.635 & 414.665
- Statutes/Other Implemented: 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0310, filed 05/04/2023, effective 05/04/2023
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0030 Peer Support Specialist Certification Requirements
(1) To be certified as a peer support specialist, an individual shall:
(a) Complete all required training offered by an Authority approved 40-hour training program for peer support specialists by specialization;
(b) Complete an Authority approved oral health training;
(c) Complete all application requirements to be in the state registry;
(d) Complete the Authority certification process; and
(e) Be successfully accepted into the state registry.
(2) Individuals who hold national or non-Oregon state certification and are in good standing with their certifying body may be granted reciprocity or receive equivalent credit for previously completed training. The Authority shall determine the criteria for reciprocity and equivalent credit.
History
- Statutory/Other Authority: ORS 413.042, 414.635 & 414.665
- Statutes/Other Implemented: 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0312, filed 05/04/2023, effective 05/04/2023
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0040 Birth Doula Certification Requirements
(1) To be certified as a birth doula, an individual shall complete a required 28-hour birth doula training program offered by an Authority approved birth doula training program and complete a combination of 12 additional hours: 6 hours of cultural competency, 1 hours of interprofessional collaboration, 1 hours of HIPAA, and 4 hours of Trauma Informed Care. Complete all required training specified in OAR 950-060-0150 and:
(a) Complete an Authority approved oral health training;
(b) Be CPR-certified for children and adults;
(c) Create a community resource list on an Authority approved form;
(d) Document attendance at a minimum of three births and three postpartum visits using an Authority approved form;
(e) Complete all application requirements to be in the state registry;
(f) Complete the Authority certification process; and
(g) Be successfully accepted into the state registry.
(2) Individuals who hold national or non-Oregon state certification and are in good standing with their certifying body may be granted reciprocity or receive equivalent credit for previously completed training. The Authority shall determine the criteria for reciprocity and equivalent credit.
History
- Statutory/Other Authority: ORS 413.042, 414.665 & ORS 414.635
- Statutes/Other Implemented: 181.537, 414.665 & ORS 414.635
- OEI 13-2023, minor correction filed 05/12/2023, effective 05/12/2023
- DMAP 40-2023, renumbered from 410-180-0315, filed 05/04/2023, effective 05/04/2023
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0050 Traditional Health Worker Continuing Education Requirements
(1) To maintain certification status, all THWs shall complete at least 20 hours of Authority approved continuing education during every three-year renewal period. A minimum of three hours within the 20 hours must be suicide risk assessment, treatment and management appropriate to their scope of work.
(2) Family support specialists and youth support specialists shall complete at least 40 hours of Authority approved continuing education during every three-year renewal period. Two topics must be included within the 40 hours:
(a) Three hours of suicide risk assessment, treatment and management, including the application of "means counseling" and "safety planning, appropriate to their scope of work;"
(b) The use of lived experience and ethical practice.
(3) Continuing education hours taken in excess of the total number required may not be carried over to the next three-year renewal period.
(4) Requests for approval of continuing education courses may come from the hosting organization or from a certified THW attending the training or event.
(5) Foundational trainings of the same training type cannot be used in place of the required CEUs.
History
- Statutory/Other Authority: ORS 413.042, 414.665 & ORS 414.635
- Statutes/Other Implemented: 181.537, 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0320, filed 05/04/2023, effective 05/04/2023
- DMAP 91-2022, amend filed 12/20/2022, effective 12/20/2022
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0060 Application and Renewal Process for Traditional Health Worker (THW) Certification and Registry Enrollment
(1) Individuals seeking THW certification and registry enrollment shall:
(a) Be at least 18 years of age;
(b) Not be listed on the Medicaid provider exclusion list;
(c) Successfully complete all training requirements for certification in a traditional health worker category as outlined in these rules;
(d) Pass a background check as described in OAR 950-060-0070;
(e) Beginning August 31, 2018, successfully complete an Authority approved oral health training;
(f) Submit to the Authority all required documentation and a completed application on an Authority prescribed form.
(2) An individual applying for certification or renewal as a peer support specialist as that term is defined in OAR 950-060-0010 can have their background check completed by an outside entity pursuant to OAR 950-060-0070 and be verified by that entity to the Authority:
(a) The entity's certification requirements shall include all peer support specialist's certification and renewal requirements set forth in these rules;
(b) For Authority certification or renewal and entry into the registry, peer support specialists shall either:
(A) Have the outside entity submit their certification and background check information to the Authority; or
(B) Submit to the Authority all required documentation and a completed application on an Authority prescribed form.
(3) Individuals seeking THW certification and registry enrollment as a Legacy Clause for community health worker, peer wellness specialist, personal health navigator, peer support specialist, or birth doula shall:
(a) Be at least 18 years of age;
(b) Not be listed on the Medicaid provider exclusion list;
(c) Pass a background check as described in OAR 950-060-0070;
(d) Submit to the Authority all required documentation and a completed application on an Authority prescribed form by June 30, 2025 including:
(A) A minimum of one letter of recommendation from any previous employer for whom THW services were provided between January 1, 2008, and June 30, 2025; and
(B) Verifiable evidence of working or volunteering in the capacity of a community health worker, peer wellness specialist, or personal health navigator for at least 3000 hours between January 1, 2008, and June 30, 2025; or
(C) Verifiable evidence of working or volunteering in the capacity of a peer support specialist for at least 2000 hours between January 1, 2008, and June 30, 2025.
(D) Verifiable evidence of attending 10 births and providing 500 hours of community work supporting birthing persons and families in the capacity of a birth doula.
(E) Submit a completed renewal application on an Authority prescribed form no later than six months after the expiration of the current certification period.
(4) An individual may withdraw from the application process for certification and enrollment or from the registry by submitting written notification to the Authority unless a complaint investigation or revocation proceeding is underway.
(5) Applicants shall apply for certification within three years of completing a training program to be eligible for certification and registry enrollment.
(6) Applicants denied certification because they completed a training program more than three years prior to application may file an appeal with the Authority for an exemption.
(7) If the Authority determines that an applicant meets the requirements of this section, the Authority shall notify the applicant in writing granting the individual certification as a THW and adding the individual to the registry.
(8) Certification is valid for 36 months from the date of certification.
(9) A THW seeking certification renewal shall:
(a) Submit a completed renewal application on an Authority prescribed form no less than 30 days before the expiration of the current certification period;
(b) Pass a background check as described in OAR 950-060-0070;
(c) Provide written verification indicating that the certificate holder meets the applicable requirements for continuing education set forth in OAR 950-060-0050; and
(d) Submit verifiable evidence of completion of an oral health training ;
(e) Completion of an Authority approved oral health training shall need to occur only one time;
(f) An individual applying for renewal as a THW, whose certification lapsed for more than 6 months will be required to take a competency skills test administered by the Authority in addition to providing proof of completion of the number of CEUs required for their worker type.
(10) The Authority shall remove a THW from the registry if the THW fails to renew certification within the three-year renewal period.
(11) THWs removed from the registry following certification expiration shall be denied renewal unless they file an appeal with the Authority within 60 calendar days of certification expiration and are granted an exemption.
History
- Statutory/Other Authority: ORS 413.042, 414.665 & ORS 414.635
- Statutes/Other Implemented: 181.537, 414.665 & ORS 414.635
- EID 1-2025, temporary amend filed 07/03/2025, effective 07/07/2025 through 12/26/2025
- OEI 14-2023, minor correction filed 05/12/2023, effective 05/12/2023
- DMAP 40-2023, renumbered from 410-180-0325, filed 05/04/2023, effective 05/04/2023
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 3-2014, f. & cert. ef. 1-15-14
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0070 Background Check Requirements
(1) For all new or renewal applications for THW certification, the Authority shall:
(a) Conduct a background check in accordance with OAR 943-007-0001 and 943-007-0501, specifically incorporating and limited to OAR 407-007-0200 to 407-007-0250 and 407-007-0340 to 407-007-0370 and expressly not incorporating OAR 407-007-0275 and 407-007-0277;
(b) Consult with the Office of the Inspector General to determine if the applicant is excluded from participation in the medical assistance program.
(2) New or renewal THW applicants may be denied certification or renewal of certification based on a fitness determination that applies a weighting test for potentially disqualifying convictions or conditions.
(3) New or renewal THW applicants shall be denied certification if they are excluded from participating in the medical assistance program.
(4) To be certified, enrolled in the registry, and eligible for reimbursement under Medicaid, peer support specialists as defined in OAR 950-060-0010 are required to pass a background check. The background check may be conducted by the Authority or by an entity contracting with the Authority to provide background checks:
(a) If the Authority conducts the background check, the Authority’s fitness determination shall comply with the provision of section (1) of this rule and shall include the application of a weighting test for potentially disqualifying convictions or conditions;
(b) If a contracting entity conducts the background check, the provisions of OAR 407-007-0277 shall apply;
(c) Peer support specialists described in this section may choose an Authority approved entity that conducts the background check.
History
- Statutory/Other Authority: ORS 413.042, 414.665 & ORS 414.635
- Statutes/Other Implemented: 181.537, 414.665 & ORS 414.635
- EID 1-2025, temporary amend filed 07/03/2025, effective 07/07/2025 through 12/26/2025
- DHS 2-2023, minor correction filed 05/12/2023, effective 05/12/2023
- DMAP 40-2023, renumbered from 410-180-0326, filed 05/04/2023, effective 05/04/2023
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 3-2014, f. & cert. ef. 1-15-14
Or. Admin. R. 950-060-0080 Standards of Professional Conduct
(1) An Authority certified THW shall comply with Standards of Professional Conduct set forth in this rule. The violation of the standards may result in the suspension or revocation of certification or denial of an application for renewal.
(2) THWs shall:
(a) Acquire, maintain, and improve professional knowledge consistent with THW standards and competence using scientific, clinical, technical, psychosocial, governmental, cultural, and community-based sources of information;
(b) Adhere to Authority standards within the scope of service provision, documentation, and billing, as described in OAR 410, division 120.
(c) Ensure that all actions are within their scope of practice with community members and are based on understanding and implementing the core values of caring, respect, compassion, ethical boundaries, and appropriate use of personal power;
(d) Develop positive collaborative partnerships with community members, colleagues, and other health care providers to provide care, services, and supports that are safe, effective, and appropriate to a community member's needs;
(e) Regardless of clinical diagnosis, develop and incorporate respect for diverse community member backgrounds when planning and providing services, including lifestyle, sexual orientation, race, gender, ethnicity, religion, age, marital status, political beliefs, socioeconomic status, disability, personal characteristic, condition, or state;
(f) Act as an advocate for community members and their needs;
(g) Support self-determination for community members in a culturally responsive, or culturally appropriate, trauma informed manner;
(h) Make decisions and act based on sound ethical reasoning and current principles of practice in a way that supports empowerment and respect for community members’ culture and self-defined health care goals;
(i) Maintain individual confidentiality;
(j) Comply with laws and regulations involving mandatory reporting of harm, abuse, or neglect while making every effort to involve the individuals in planning for services and ensuring that no further harm is done to family members as the result of the reporting;
(k) Recognize and protect an individual’s rights as described in section (3) of this rule.
(3) Individuals have the right to:
(a) Dignity and respect;
(b) Freedom from theft, damage, or misuse of personal property;
(c) Freedom from neglect and abuse, whether verbal, mental, emotional, physical, or sexual;
(d) Freedom from financial exploitation;
(e) Freedom from physical restraints;
(f) Freedom from discrimination in regard to race, color, national origin, disability, gender, sexual orientation, socioeconomic status, size, type of diagnosis criminal history or religion;
(g) Confidentiality of their information and records; and
(h) Give voice to grievances or complaints regarding services or any other issue without discrimination or reprisal for exercising their rights.
History
- Statutory/Other Authority: ORS 413.042, 414.665 & ORS 414.635
- Statutes/Other Implemented: 181.537, 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0340, filed 05/04/2023, effective 05/04/2023
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0090 Denial, Suspension, or Revocation of Certification
(1) The Authority may deny, suspend, or revoke certification when an applicant or certificate holder fails to comply with these rules.
(2) The Authority shall deny, suspend, or revoke certification pursuant to ORS 183.411 through 183.470, and the applicant or certificate holder may request a contested case hearing.
History
- Statutory/Other Authority: ORS 413.042, 414.635 & 414.665
- Statutes/Other Implemented: 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0345, filed 05/04/2023, effective 05/04/2023
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0100 Training Program Requirements
(1) All Authority approved training programs shall:
(a) Meet the curriculum requirements for the THW type being trained;
(b) Demonstrate active efforts to establish equivalency for students who have previously completed training that meets one or more training requirements for their THW type;
(c) Require experienced THWs of their THW certification type be involved in developing and teaching the core curriculum;
(d) Demonstrate that the organization has sufficient cultural diversity or collaborates with an organization devoted to cultural diversity to address the needs of a culturally diverse population both in training traditional health workers and in training traditional health workers to administer to the needs of the culturally diverse population served;
(e) Demonstrate the use of various teaching methodologies, including but not limited to popular education and adult learning;
(f) Demonstrate the use of various training delivery formats, including but not limited to classroom instruction and group and distance learning;
(g) Demonstrate efforts to make training inclusive and accessible to individuals with different learning styles, education backgrounds, and needs;
(h) Demonstrate efforts to remove barriers to enrollment for students;
(i) Include any combination of written, oral, or practical cognitive examinations to evaluate and document the acquisition of knowledge and mastery of skills required by the curriculum designed to instruct in the THW competencies;
(j) Demonstrate the inclusion of a method or process for individuals trained by the program to evaluate and give feedback on the training experience;
(k) Maintain an accurate record of everyone’s attendance and participation in training for at least five years after course completion;
(l) Agree to verify and provide the Authority with names of individuals who successfully completes the training program when those individuals apply for certification and registry enrollment;
(m) Agree to issue a certificate of completion or a certificate of attendance to all successful training program participants. Only a certificate of completion is acceptable as verification of Authority approved training for placement on the registry. A certificate of completion indicates that the participant meets all required instruction, demonstrates achievement of all competency requirements, and has life experience as defined in OAR 950-060-0010 if applying for PSS, PWS, FSS, or YSS certification or if applying for CHW and has experiential knowledge from the same community in which they serve as a CHW as defined by race, ethnicity, geography, age, disabilities, language or culture;
(j) The certificate of completion must have the name of the person taking the training, the date range of the training, the specific worker type and/or sub worker type, the number of hours of the training, the trainer’s name, and the name of the organization.
(2) Individuals or entities applying to become an Authority approved training program shall submit information to the Authority that includes at minimum:
(a) Contact information for the individual or entity, including director name and contact information;
(b) Syllabus, curriculum guide, and course materials that demonstrate the curriculum covers the required competencies;
(c) Indication of the training type and curriculum, including specialized training to be offered for community health workers, peer wellness specialists, peer support specialists, family support specialists, youth support specialists, personal health navigators, and birth doulas;
(d) An overview of the teaching philosophy and methodology;
(e) A description of the method of final examinations;
(f) Description of the criteria for providing a certificate of attendance or a certificate of completion;
(g) A list of instructors, including experienced THWs for that THW type;
(h) A description of the geographic area served;
(i) A signed agreement describing a CBO partnership, if the applicant is not a CBO;
(j) A description of the approach for recruiting and enrolling a diverse student population to meet the needs of the community, including any strategies for reducing barriers to enrollment;
(k) An indication of whether academic credit may be given for successful completion of the training program;
(L) A description of training and attendee recordkeeping.
History
- Statutory/Other Authority: ORS 413.042, 414.665 & 414.635
- Statutes/Other Implemented: 181.537, 414.665 & 414.635
- OEI 15-2023, minor correction filed 05/12/2023, effective 05/12/2023
- DMAP 40-2023, renumbered from 410-180-0350, filed 05/04/2023, effective 05/04/2023
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0110 Application and Renewal Process for Authority Training Program Approval
(1) Training program applications are available on the THW program webpage or by request from the Oregon Health Authority Office of Equity and Inclusion.
(2) Training program applicants shall submit an application at least 90 days in advance of the first expected class day.
(3) If an application is incomplete, the Authority shall send notice requesting the additional materials required:
(a) The notice shall specify the date by which additional materials must be submitted;
(b) Unless an extension is granted, the Authority shall return the application and take no further action if the applicant does not respond within the specified time frame.
(4) If the Authority determines that an applicant meets all training program requirements, the Authority shall send written notice of program approval.
(5) Written notice of Authority approval shall be made available to any student or partnering organization upon request.
(6) The Authority shall maintain and make available to the public a list of approved training programs.
(7) Training programs shall apply for renewed approval status every three years:
(a) Renewal applications are available on the THW program webpage or by request from the Oregon Health Authority Office of Equity and Inclusion;
(b) Training programs shall complete and submit the renewal application no less than six months prior to the expiration of the current approval period.
(8) Training programs seeking renewal shall provide at a minimum:
(a) A summary of any proposed changes to the curriculum or its instructors; and
(b) The number of students trained in the three-year approval period.
(9) Training programs that fail to submit a renewal application at least six months before their renewal date shall be required to submit a new application rather than apply for renewal.
(10) The Authority may conduct site visits of training programs, either prior to approving or renewing a training program application or at any time during the three-year approval period.
(11) The Authority may collect data about program evaluation by attendees.
(12) The Authority may conduct investigations as a result of complaints about a training program.
(13) Any change made to an approved training program shall be reported to the Authority within 30 days of the decision, including changes to:
(a) The training program director or primary contact;
(b) The teaching methodology;
(c) The curriculum;
(d) The name and qualification of new instructors;
(e) Any substantial content or syllabus change, excluding changes to style, grammar, or dates; or
(f) Any change not consistent with or represented in the initial application for approval.
(14) If the Authority determines that the reported changes meet the training program requirements described in OAR 950-060-0100, the Authority shall approve the change:
(a) The Authority may request additional information and justification for the reported change;
(b) If the Authority determines that the reported changes do not comply with the training program requirements described in OAR 950-060-0100, the Authority may deny the change or revoke training program approval.
(15) The Authority may survey individuals to determine the adequacy of the Authority approved training programs and approved continuing education units to achieve registry applicant minimal competency.
(16) A training program applicant or approved training program may request a temporary waiver from a requirement in these rules. A request for a waiver shall:
(a) Be submitted to the Authority in writing;
(b) Identify the specific rule for which a waiver is requested;
(c) Identify the special circumstances relied on to justify the waiver;
(d) Describe alternatives that were considered, if any, and why alternatives including compliance were not selected;
(e) Demonstrate that the proposed waiver is desirable to maintain or improve the training of THWs; and
(f) Indicate the proposed duration of the waiver, not to exceed one year.
(17) If the Authority determines that the applicant or program satisfies the conditions of this rule, the Authority may grant a waiver.
(18) An applicant or an approved training program may not act on or implement a waiver until it receives written approval from the Authority.
History
- Statutory/Other Authority: ORS 413.042, 414.635 & 414.665
- Statutes/Other Implemented: 414.665 & ORS 414.635
- OEI 16-2023, minor correction filed 05/12/2023, effective 05/12/2023
- DMAP 40-2023, renumbered from 410-180-0355, filed 05/04/2023, effective 05/04/2023
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0120 Denial, Suspension, or Revocation of Training Program Approval
(1) The Authority may deny, suspend, or revoke training program approval when an applicant or approved program fails to comply with statute or these rules.
(2) If the Authority denies, suspends, or revokes approval, it shall send written notice and explain the basis for its decision.
(3) An applicant or approved training program may request that the Authority reconsider its decision and may request a meeting with Authority staff:
(a)The request for reconsideration and a meeting, if requested, shall be submitted in writing within 30 days of the date the Authority mails the written decision of denial, suspension, or revocation;
(b) The request shall contain a detailed statement with supporting documentation explaining why the requestor believes the Authority’s decision is in error.
(4) The Authority shall issue a written decision on reconsideration following review of the materials submitted by the applicant or training program and schedule a meeting with the applicant or training program, if applicable.
History
- Statutory/Other Authority: ORS 413.042, 414.635 & 414.665
- Statutes/Other Implemented: 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0360, filed 05/04/2023, effective 05/04/2023
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0130 Oral Health Training Requirements
(1) The Authority shall approve oral health training that includes coursework in:
(a) Basic dental anatomy;
(b) Caries and periodontal disease process;
(c) Infection and communicable disease;
(d) Basic oral hygiene and disease prevention for different ages; and
(e) Healthcare system navigation, access, and coverage, including Medicaid.
(2) The Authority shall include members of the dental care community in the development of requirements for and approval of Authority approved oral health training.
(3) Individuals or entities creating or providing oral health training for approval by the Authority are not required to meet the full qualifications of a training program outlined in OAR 950-060-0100.
History
- Statutory/Other Authority: ORS 413.042, 414.635 & 414.665
- Statutes/Other Implemented: 414.665 & ORS 414.635
- OEI 17-2023, minor correction filed 05/12/2023, effective 05/12/2023
- DMAP 40-2023, renumbered from 410-180-0365, filed 05/04/2023, effective 05/04/2023
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
Or. Admin. R. 950-060-0140 Community Health Workers, Peer Wellness Specialists, Personal Health Navigators, and Peer Support Specialists Certification Curriculum Standards
(1) All community health workers, peer wellness specialists, and personal health navigators shall receive training from an Authority approved training program whose curriculum includes:
(a) A minimum of 80 contact hours addressing the core curriculum set forth in section (2) of this rule and any additional curriculum topics specific to the type of worker being trained;
(b) All the major roles and core competencies listed and defined in the Oregon Health Policy Board Report "The Role of Traditional Health Workers in Oregon's Health Care System" at https://www.oregon.gov/oha/oei/Documents/nthw-report-120106.pdf.
(2) An Authority approved core curriculum for community health workers, peer wellness specialists, peer support specialists and personal health navigators shall, at a minimum, introduce students to the key principles of the following topics:
(a) Community engagement, outreach methods, and relationship building;
(b) Communication, including cross-cultural communication, active listening, and group and family dynamics;
(c) Empowerment techniques;
(d) Identification of community resources;
(e) Cultural competency, cultural humility, cultural responsiveness, and cross-cultural relationships, including bridging health system and community cultures;
(f) Conflict identification and problem solving;
(g) Conducting individual strength and needs based assessments;
(h) Advocacy;
(i) Ethical responsibilities in a multicultural context;
(j) Legal responsibilities;
(k) Crisis identification and problem-solving, including suicide prevention, overdose/intoxication, psychiatric crisis, and safety planning;
(l) Professional conduct, including culturally appropriate relationship boundaries and maintaining confidentiality;
(m) Navigating public and private health and human service systems, including federal, state, regional, and local systems;
(n) Working with caregivers, families, and support systems, including paid care workers;
(o) Trauma-informed care, including screening and assessment, recovery from trauma, and minimizing re-traumatization;
(p) Self-care;
(q) Social determinants of health;
(r) Building partnerships with local agencies and groups;
(s) The role and certified scope of practice for traditional health workers;
(t) Roles, expectations, and supervisory relationships for working in multidisciplinary teams, including supervisory relationships;
(u) Data collection and types of data;
(v) Organization skills, documentation, and use of health information technology;
(w) Introduction to disease processes, including chronic diseases, mental health, tobacco cessation, and addictions, including warning signs, basic symptoms, and when to seek medical help;
(x) Health across the life-span;
(y) Adult learning principles, including teaching and coaching;
(z) Stages of change;
(aa) Best practices for health promotion; and
(bb) Health literacy issues.
(3) In addition to the core curriculum set forth in section (2) of this rule, training programs for community health workers shall include the following topics:
(a) Self-efficacy;
(b) Community organizing;
(c) Group facilitation skills;
(d) Conducting community needs assessments;
(e) Popular education methods; and
(f) Principles of motivational interviewing.
(4) In addition to the core curriculum set forth in section (2) of this rule, training programs for peer wellness specialists shall include the following topics:
(a) Self-efficacy;
(b) Group facilitation skills;
(c) Cultivating individual resilience;
(d) Recovery, resilience, and wellness models; and
(e) Principles of motivational interviewing.
(5) An Authority approved curriculum for peer support specialists shall include a minimum of 40 contact hours that include:
(a) The core curriculum set forth in section (2) of this rule;
(b) The role and scope of practice for peer support specialists; and
(c) Recovery, resilience, and wellness.
(6) In addition to the core curriculum training programs for PSS or PWS set forth in section (2) (4) or (5) of this rule, an Authority approved curriculum for family support specialists and youth support specialists shall include the following topics:
(a) The role of the family support specialist in the system serving children and youth;
(b) Pre-K through post-secondary educational programs;
(c) Physical and emotional development for ages 0-25;
(d) Parenting principles, protective factors, and developmental assets to promote resilience; and
(e) Systems of care principles.
(7) In addition to the core curriculum for PSS or PWS, set forth in section (2) and (4) or (5) of this rule, training programs an Authority approved curriculum for youth support specialists shall include the following topics:
(a) The role of the youth support specialist in programs serving children, youth, and young adults;
(b) Collaborative problem-solving principles;
(c) Protective factors and developmental assets to promote resilience; and
(d) System of care and positive youth development principles.
History
- Statutory/Other Authority: ORS 413.042, 414.665 & ORS 414.635
- Statutes/Other Implemented: 181.537, 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0370, filed 05/04/2023, effective 05/04/2023
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 68-2018, minor correction filed 05/25/2018, effective 05/25/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0150 Birth Doula Certification Curriculum Standards
(1) Beginning October 1, 2022 all doula training organizations will be required to submit a birth training curriculum in order to provide birth doula trainings in the state of Oregon.
(2) All birth doulas seeking certification with the state shall complete a minimum of 40 contact hours from an Authority approved training program that includes the following:
(a) A minimum of 28 in-person contact hours addressing the core curricula topics set forth in section (2) of this rule through an Authority approved training program for birth doulas and other organizations that are only providing the following trainings below:
(b) Six contact hours in cultural competency training; and
(c) Six contact hours in one or more of the following topics as they relate to birth doula care:
(A) One hour of Inter-professional collaboration;
(B) One hour of Health Insurance Portability and Accountability Act (HIPAA) compliance; and
(C) Four hours of Trauma-informed care.
(2) All core curriculum for training birth doulas shall, at a minimum, introduce students to the key principles of the following topics:
(a) Anatomy and physiology of labor, birth, maternal postpartum, neonatal transition, and breastfeeding;
(b) Labor coping strategies, comfort measures, and non-pharmacological techniques for pain management;
(c) The reasons for, procedures of, and risks and benefits of common medical interventions, medications, and Cesarean birth;
(d) Emotional and psychosocial support of birthing persons and their support team;
(e) Birth doula scope of practice, standards of practice, and basic ethical principles;
(f) The role of the birth doula with members of the birth team;
(g) Communication skills, including active listening, cross-cultural communication, and inter-professional communication;
(h) Self-advocacy and empowerment techniques;
(i) Breastfeeding support measures;
(j) Postpartum support measures for the birthing person and baby relationship;
(k) Perinatal mental health;
(l) Family adjustment and dynamics;
(m) Evidence-informed educational and informational strategies;
(n) Community resource referrals;
(o) Professional conduct, including relationship boundaries and maintaining confidentiality; and
(p) Self-care.
History
- Statutory/Other Authority: ORS 413.042, 414.665 & 414.635
- Statutes/Other Implemented: 414.665 & 414.635
- DMAP 40-2023, renumbered from 410-180-0375, filed 05/04/2023, effective 05/04/2023
- DMAP 49-2022, amend filed 04/22/2022, effective 04/22/2022
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
Or. Admin. R. 950-060-0160 THW and Training Program Complaints and Investigations
(1) Any individual may make a complaint to the Authority, verbally or in writing about the following:
(a) Care or services provided by a certified THW, including an applicant for the THW registry;
(b) Violation of statutes or these rules by an approved THW training program.
(2) The identity of an individual making a complaint shall be kept confidential to the extent allowed by law but may be disclosed as necessary to conduct the investigation; this may include disclosing the complainant’s identity to the THW’s employer.
(3) If a complaint involves an allegation of criminal conduct or conduct within the jurisdiction of another local, state, or federal agency, the Authority shall refer the matter to the appropriate agency.
(4) The Authority shall investigate complaints and take any actions that are necessary for resolution. An investigation may include but is not limited to:
(a) Interviews of the complainant, program management or staff, and students;
(b) Interviews of the complainant, caregivers, THW clients, client representatives, client family members, witnesses, and employer management and staff;
(c) On-site observations of the training program, the client, THW performance, and client environment; and
(d) Review of documents and records.
(5) The Authority may utilize complaint and investigation findings to identify trends and potential areas for quality improvement.
(6) The results of complaint investigation may be published to the public by the Authority.
History
- Statutory/Other Authority: ORS 413.042, 414.635 & 414.665
- Statutes/Other Implemented: 414.665 & ORS 414.635
- DMAP 40-2023, renumbered from 410-180-0380, filed 05/04/2023, effective 05/04/2023
- DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
- DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
- DMAP 66-2013, f. & cert. ef. 12-3-13
- DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14
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