1. (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?"

   1. (B) "In what language do you want us to communicate with you?"
   2. (C) "In what language do you want us to write to you?"

   3. (D) "Do you need or want an interpreter?" Response options:

      1. (i) Yes.
      2. (ii) No.

   4. (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:

      1. (i) Spoken language interpreter.

      2. (ii) Sign Language:

         1. (I) American Sign Language.
         2. (II) Mexican Sign Language.
         3. (III) Tactile/Pro-Tactile Sign Language.
         4. (IV) Certified Deaf Interpreter for DeafBlind, additional barriers, or both.
         5. (V) Contact sign language (PSE).
         6. (VI) Another sign language not listed. Specify: (with open text box).

   5. (F) "How well do you speak English?" Response options:

      1. (i) Very well.
      2. (ii) Well.
      3. (iii) Not well.
      4. (iv) Not at all

2. (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?”

   1. (a) Response options:

      1. (A) Yes.
      2. (B) No.

   2. (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:

      1. (A) Yes – Assistive Listening Device such as an FM or Loop. Specify: (with open text box).
      2. (B) Yes – CART/Captioning.
      3. (C) No.

   3. (c) If the response to the question in subsection (3)(a) of this rule is no, the requestor must ask the following questions:

      1. (A) “What language(s) do you use at home?"
      2. (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?”
      3. (C) "What language would you prefer to use to read important written information such as medical, legal, or health information?"

      4. (D) "How well do you speak English?" Response options:

         1. (i) Very well.
         2. (ii) Well.
         3. (iii) Not well.
         4. (iv) Not at all.
3. (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.
4. (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.
5. (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.
6. (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).

Statutory/Other Authority

ORS 413.161 & ORS 413.042

Statutes/Other Implemented

ORS 413.161

History

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