1. (1) A worker may choose a person to communicate with a medical provider when the worker and the medical provider speak different languages, including sign language. The worker may choose a family member, a friend, an employee of the medical provider, or someone who provides interpreter services as a profession. However, for signed language interpretation services, the worker may only choose an interpreter who is a medical sign language interpreter licensed under ORS 676.765. A representative of the worker’s employer may not provide interpreter services. The medical provider may disapprove of the worker’s choice at any time the medical provider feels the interpreter services are not improving communication with the worker, or feels the interpretation is not complete or accurate.
   (2) When a worker asks an insurer to arrange for interpreter services, the insurer must:

   1. (a) For interpretation services, other than signed language interpretation services, use a certified or qualified health care interpreter listed on the Oregon Health Care Interpreter Registry of the Oregon Health Authority, available at: http://www.oregon.gov/OHA/OEI/Pages/HCI-Program.aspx. The interpreter’s certification or qualification must be in effect on the date the interpreter services are provided. If no certified or qualified health care interpreter is available, the insurer may schedule an interpreter of its choice subject to the limits in section (1) of this rule.
   2. (b) For signed language interpretation services, use a sign language interpreter licensed under ORS 676.750 to 676.789.
2. (3) Prior to offering interpreter services by a health care interpreter employed by the medical provider, the medical provider must inform the worker of the worker’s right to choose an interpreter.
   (4) For the purpose of this rule, interpreter services means the act of orally translating between a medical provider and a worker who speak different languages, including sign language. It includes reasonable time spent waiting at the location for the medical provider to examine or treat the worker as well as reasonable time spent on necessary paperwork for the provider’s office.

Statutory/Other Authority

ORS 656.726(4)

Statutes/Other Implemented

ORS 656.245

History

WCD 1-2025, amend filed 03/10/2025, effective 04/01/2025
WCD 4-2023, amend filed 11/22/2023, effective 01/01/2024
WCD 5-2018, amend filed 03/15/2018, effective 04/01/2018
WCD 3-2010, f. 5-28-10, cert. ef. 7-1-10