OAR 860-034-0270: Emergency Medical Certificate for Residential Utility Service

(1) A small telecommunications utility shall not disconnect local exchange residential service if the customer submits certification from a qualified medical professional stating that disconnection would significantly endanger the physical health of the customer or a member of the customer’s household. “Qualified medical professional” means a licensed physician, nurse-practitioner, or physician’s assistant authorized to diagnose and treat the medical condition described without direct supervision by a physician. (2) An oral certification must be confirmed in writing within 14 days by the qualified medical professional prescribing medical care. A written certification must include: (a) The name of the person to whom the certificate applies and relationship to the customer; (b) A complete description of the health conditions; (c) An explanation of how the person’s physical health will be significantly endangered by terminating the utility service; (d) A statement indicating how long the health condition is expected to last; (e) A statement specifying the particular type of utility service required (for example, access to medical facility for telemonitoring); and (f) The signature of the qualified medical professional prescribing medical care. (3) If an emergency medical certificate is not submitted in compliance with section (2) of this rule, the small telecommunications utility may disconnect local exchange service after providing five days’ notice to the customer. The notice shall contain the information set forth in OAR 860-034-0260(3)(a) through (d) and shall be served as required by OAR 860-034-0260(4) and (5). (4) An emergency medical certificate shall be valid only for the length of time the health endangerment is certified to exist, but no longer than six months without renewal. (5) A customer submitting an emergency medical certificate: (a) Remains responsible for payment of telecommunications services provided by the small telecommunications utility; and (b) Must enter into a time payment agreement with the small telecommunications utility pursuant to OAR 860-034-0276 if the customer has an overdue balance. This time payment agreement must be entered into within 10 days after submission of the certificate. (6) A small telecommunications utility may verify the accuracy of an emergency medical certificate. If the small telecommunications utility believes a customer does not qualify, or no longer qualifies for an emergency medical certificate, the utility may apply to the Commission for permission to disconnect utility service to the customer. (7) After notice to the Commission, a small telecommunications utility may terminate local exchange residential service if the utility providing the service lacks the technical ability to terminate toll telecommunications service without also terminating local exchange service.