OAR 331-020-0077: Compliance with House Bill 2359 (2021) – The Use of Interpreters

(1) Definition: “Health care provider” has the meaning given in ORS 413.550. (2) On or after July 1, 2022, A health care provider must: (a) Except as provided in (3), work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 when communicating with a patient who prefers to communicate in a language other than English, unless the health care provider is proficient in the patient’s preferred language; (b) Provide personal protective equipment that is consistent with established national standards to health care interpreters providing services on-site at no cost to the interpreter and may not suggest to the health care interpreter that the health care interpreter should procure the health care interpreter’s own personal protective equipment as a condition of working with the health care provider; (c) Maintain records of each patient encounter in which the health care provider worked with a health care interpreter from the health care interpreter registry. These records must include: (A) The name of the health care interpreter; (B) The health care interpreter’s registry number; and (C) The language interpreted. (3) A health care provider who is required to work with a health care interpreter from the health care interpreter registry may work with a health care interpreter who is not on the health care interpreter registry if the health care provider: (a) Has taken steps to obtain a health care interpreter from the health care interpreter registry in accordance with rules adopted by the authority under ORS 413.558; or (b) Has offered the patient the services of a health care interpreter from the health care interpreter registry, and the patient declined the offer and chose a different interpreter. (4) Failure to abide by ORS 413.550-558 or this rule may result in discipline by the licensing board. Penalties may include, but are not limited to, suspension, revocation, probation, monetary penalties, and an assessment of costs of disciplinary proceedings not exceeding $5,000. Any such penalties shall be imposed in accordance with ORS Ch. 183.