OAR 259-008-0011: Minimum Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher

(1) Background Investigation. A person may not be employed as telecommunicator or emergency medical dispatcher without a background investigation completed in accordance with OAR 259-008-0015. (2) Fingerprints. Within 90 days of the date of employment in a certifiable position, each telecommunicator and emergency medical dispatcher must be fingerprinted on a standard applicant fingerprint card. (a) If the hiring agency is a public agency, it is responsible for fingerprinting and forwarding one fingerprint card to the Oregon State Police Identification Services Section for processing and the assignment of an identification number. (b) If the hiring agency is a private agency, it is responsible for fingerprinting and forwarding one fingerprint card to the Department along with the appropriate fee. (c) Applications for certification will not be processed until an applicant’s fingerprints have cleared Oregon State Police Identification Services. (d) If any procedural change is made by either the Federal Bureau of Investigation or the Oregon State Police Identification Services Section, the Department will comply with the most current requirements. (3) Notification of Arrest or Criminal Citation to Appear. A telecommunicator or emergency medical dispatcher who is arrested, or receives a criminal citation to appear or its equivalent, for any offense punishable as a crime must notify the Department within five business days. Notification must be in writing and include the date of the arrest or citation, the location of the arrest or citation, the reason for the arrest or citation and the arresting or citing agency. (4) Moral Fitness. All telecommunicators and emergency medical dispatchers must meet moral fitness standards for certification. The moral fitness standards defined in OAR 259-008-0290 and OAR 259-008-0300 apply to telecommunicators and emergency medical dispatchers who are employed in a certifiable position but not yet certified, currently certified telecommunicators and emergency medical dispatchers, and telecommunicators and emergency medical dispatchers with lapsed certification . (5) Education: (a) Applicants for the position of a telecommunicator or emergency medical dispatcher will be required to furnish documentary evidence of one of the following: (A) High School diploma; (B) Successful completion of the General Educational Development (GED) Test; or (C) A four-year, post-secondary degree issued by a degree-granting college or university accredited by a recognized national or regional accrediting body, or recognized by the Oregon Office of Degree Authorization under the provisions of ORS 348.604. (i) For the purpose of determining high school graduation level as required by these rules, the applicant must have achieved a score no less than that required by the Oregon Board of Education before issuing an Oregon GED certificate. (ii) Applicants holding a GED from another state may be required to obtain an Oregon certificate at the discretion of the Department. (b) Evidence of the above must consist of official transcripts, diplomas, or GED test report forms. Other documentation may be accepted, at the discretion of the Department. (6) Academic Proficiency Standard. Before beginning basic telecommunicator or Emergency Medical Dispatcher (EMD) training or challenging basic telecommunicator training, each applicant must provide evidence to DPSST that the applicant possesses the academic tools necessary to successfully complete basic telecommunicator or EMD training. (a) The hiring agency is responsible for ensuring a telecommunicator/EMD proficiency test or validated written test designed to evaluate predictors of job-related skills and behavior has been administered. The hiring agency must verify the completion of the test and report the date of completion to the Department on a Form F-5 (Application for Training) prior to the applicant being admitted to basic telecommunicator or EMD training. (b) Individuals submitting transcripts verifying that they possess at least a four-year academic degree from an institution recognized by DPSST under the provisions of OAR 259-008-0045 are exempt from this testing requirement. (c) Individuals who have successfully completed training resulting in the award of certification in the discipline they are applying for training are exempt from this testing requirement. Individuals must submit proof of training and certification. (7) Physical Standards. (a) Prior to admittance into a basic training course, as described in OAR 259-008-0025, all telecommunicators, emergency medical dispatchers and applicants must demonstrate the physical abilities to perform the critical and essential tasks of a telecommunicator or emergency medical dispatcher. (A) The critical and essential tasks for telecommunicators have been determined by the 2015 DPSST Job Task Analysis for Telecommunicators. (B) The critical and essential tasks for emergency medical dispatchers have been determined by the 1995 National Highway Traffic Safety Administration Emergency Medical Dispatcher (EMD) National Standards Curriculum. (b) The following minimum physical standards are required for all telecommunicators and emergency medical dispatchers. (A) Visual Acuity. Corrected vision must be at least 20/30 (Snellen) when tested using both eyes together. (B) Color Vision. (i) Telecommunicators, emergency medical dispatchers and applicants must be able to distinguish red, green, blue, and yellow as determined by the HRR Test, 4th Edition. (ii) Red or green deficiencies may be acceptable, providing the telecommunicator, emergency medical dispatcher or applicant can read at least nine of the first 13 plates of the Ishihara Test. (iii) Telecommunicators, emergency medical dispatchers or applicants who fail to meet the color vision standard may meet the standard by demonstrating that they can correctly discriminate colors via a field test conducted by the employer as approved by the examining licensed health professional. (C) Hearing. (i) Telecommunicators, emergency medical dispatchers or applicants must meet National Emergency Number Association (NENA) hearing standard NENA-STA-007.2-2014 (June 14, 2014). (ii) Telecommunicators, emergency medical dispatchers or applicants who fail to meet the hearing standard must be examined by a licensed audiologist or otorhinolaryngologist to determine if an amplification device will allow them to meet the hearing standard. (iii) An amplification device may be used to meet the hearing standard, if a licensed audiologist or otorhinolaryngologist determines an amplification device will allow the telecommunicator, emergency medical dispatcher or applicant to meet the hearing standard. (D) Medications. The side effects of any prescribed medication must not interfere with the telecommunicator’s, emergency medical dispatcher’s or applicant’s ability to perform the essential functions and tasks of the job. (8) Medical Examinations. To ensure that telecommunicators, emergency medical dispatchers, and applicants meet the minimum physical standards listed in section (7) of this rule, telecommunicators, emergency medical dispatchers, and applicants must be examined by a licensed health professional. (a) The licensed health professional performing the medical examination must be provided with a current DPSST Medical Examination Report (Form F-2T) for completion at the time of the examination. (b) The medical examination must conform to applicable standards of the Americans with Disabilities Act (ADA) Title 42 USC 1210. (c) The medical examination must be completed within 180 days prior to the start of employment as a telecommunicator or emergency medical dispatcher. (d) Upon completion of the medical examination, the examining licensed health professional must sign the final page of the Form F-2T (Form F-2TA) attesting that the telecommunicator, emergency medical dispatcher or applicant has met or has not met the minimum physical standards listed in section (7) of this rule. (e) The Form F-2TA must be submitted to the Department no later than 90 days after the start of employment. (f) Telecommunicators, emergency medical dispatchers or applicants will not be admitted into a basic course until the Department receives a Form F-2TA attesting that the minimum physical standards have been met or a physical standard waiver has been granted, as described in section (9) of this rule. (g) The Department may require that a telecommunicator or emergency medical dispatcher take a subsequent examination by a licensed health professional of the Department’s choice at the expense of the applicant or the hiring agency. (h) Certified individuals who are hired into a discipline for which they are not certified are required to successfully complete a new physical examination. (i) A telecommunicator or emergency medical dispatcher whose certification has lapsed will be required to complete a new medical examination prior to re-applying for certification. (j) Individuals employed in a limited duration, administrative position, as described in OAR 259-008-0078, are exempt from the medical examination requirement. (9) Physical Standard Waivers. (a) An individual or department head may request a waiver of any physical standard in section (7) of this rule by: (A) Submitting a request to the Department in writing; and (B) Providing documentation or pertinent testimony that supports the physical standard waiver request. (C) If further clarification is needed, the Department may require additional documentation or testimony from the individual or department head requesting the physical standard waiver. (D) The requesting individual may be required to demonstrate the ability to perform the critical and essential job tasks. (E) If the Department finds that the physical standard waiver request would not prohibit the requesting individual’s ability to successfully complete training and the performance of the critical and essential tasks, the waiver will be granted. (F) Any expense associated with providing physical standard waiver documentation or testimony will be the responsibility of the requesting individual or the requesting agency. (G) If an individual requests and is granted a physical standard waiver, but does not obtain employment within one year from the date the waiver is granted, the waiver will be void. (H) If the Department denies a request for a waiver of any physical standard in section (7) of this rule, the Department will issue Notice and proceed as provided in section (9)(b) of this rule. (b) Contested Case Hearing Process for Denial of Physical Standard Waivers. (A) Initiation of Proceedings: A contested case notice will be prepared when the Department denies a physical standard waiver after determining that factual data meeting the statutory and administrative rule requirements justifies the denial. (B) Contested Case Notice: All contested case notices will be prepared in accordance with the applicable provisions of the Attorney General's Model Rules of Procedure adopted under OAR 259-005-0015. (C) Response Time: A party who has been served with a "Contested Case Notice of Intent to Deny a Waiver" has 60 days from the date of mailing or personal service of the notice in which to file a written request for a hearing with the Department. (D) Default Order: If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying the requested waiver pursuant to OAR 137-003-0672. (E) Hearing Request: If a timely request for a hearing is received, the Department will refer the matter to the Office of Administrative Hearings in accordance with OAR 137-003-0515. (F) Proposed and Final Orders: In cases where a hearing was requested, proposed orders, exceptions, and final orders will be issued pursuant to the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015. (10) Pre-employment Psychological Evaluation. A person may not be employed as a telecommunicator or emergency medical dispatcher without a pre-employment psychological evaluation conducted in accordance with this rule. This requirement applies to telecommunicators and emergency medical dispatchers hired on or after January 1, 2024. This requirement does not apply to a person employed as an emergency medical dispatcher by a private safety agency that is an ambulance service provider. (a) As used in this section, “psychological evaluation” or “evaluation” refers to a pre-employment psychiatric or psychological evaluation. (b) A psychological evaluation is required as follows: (A) When an applicant is initially hired by the hiring agency; or (B) When a telecommunicator or emergency medical dispatcher is rehired by the same hiring agency after a separation of employment that is more than 180 days. (c) The psychological evaluation is used to: (A) Identify mental conditions, personality disorders, personality traits, or behavior patterns that may adversely affect the applicant’s ability to perform the essential functions of the job with reasonable skill, safety, and judgment based upon the psychological evaluation criteria established by the hiring agency; and (B) Conduct an assessment of the applicant’s tendencies, feelings and opinions toward diverse cultures, races and ethnicities and differing social, political, economic and life statuses. (d) The psychological evaluation must be conducted by a licensed mental health professional who can demonstrate, to the hiring agency’s satisfaction, expertise in clinical assessment and the assessment of normal personality characteristics, skills, and abilities relevant to public safety personnel selection. “Licensed Mental Health Professional” includes: (A) A physician with a specialty in psychiatry licensed by the Oregon Medical Board or the licensing body in the state where the psychiatrist provides the psychiatric services; (B) A psychologist who is licensed by the Oregon Board of Psychology or the licensing body in the state where the person provides the psychological services; or (C) A mental health professional who is licensed by the licensing body in the state where the person provides mental health services. (e) The psychological evaluation must include the following: (A) A written psychological test battery relevant to the psychological evaluation criteria established by the hiring agency; (B) An assessment of the applicant’s tendencies, feelings and opinions toward diverse cultures, races and ethnicities and differing social, political, economic and life statuses; (C) An interview conducted by the licensed mental health professional; and (D) A report provided by the licensed mental health professional in the manner requested by the hiring agency. (f) The psychological evaluation must conform with the applicable standards of the Americans with Disabilities Act (ADA) Title 42 USC 1210. (g) Evaluations older than one year are no longer valid for the purposes of satisfying this rule. (h) Hiring decisions are the responsibility of each hiring agency. The hiring agency maintains the discretion to determine how the information provided in the evaluation report impacts the hiring decision.