71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 790
Sponsored by Senator GORDLY; Representatives MONNES ANDERSON,
NELSON
CHAPTER ................
AN ACT
Relating to health care interpreters for persons with limited
English proficiency; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 6 of this 2001 Act:
(1) 'Health care interpreter' means a person who is readily
able to communicate with a person with limited English
proficiency and to accurately translate the written or oral
statements of the person with limited English proficiency into
English, and who is readily able to translate the written or oral
statements of other persons into the language of the person with
limited English proficiency.
(2) 'Health care' means medical, surgical or hospital care or
any other remedial care recognized by state law, including mental
health care.
(3) 'Person with limited English proficiency' means a person
who, by reason of place of birth or culture, speaks a language
other than English and does not speak English with adequate
ability to communicate effectively with a health care
provider. + }
SECTION 2. { + (1) The Legislative Assembly finds that persons
with limited English proficiency are often unable to interact
effectively with health care providers. Because of language
differences, persons with limited English proficiency are often
excluded from health care services, experience delays or denials
of health care services or receive health care services based on
inaccurate or incomplete information.
(2) The Legislative Assembly further finds that the lack of
competent health care interpreters among health care providers
impedes the free flow of communication between the health care
provider and patient, preventing clear and accurate communication
and the development of empathy, confidence and mutual trust that
is essential for an effective relationship between health care
provider and patient.
(3) It is the policy of the Legislative Assembly that health
care for persons with limited English proficiency be provided
according to the guidelines established under the policy
statement issued August 30, 2000, by the U.S. Department of
Health and Human Services, Office for Civil Rights, entitled,
'Title VI of the Civil Rights Act of 1964; Policy Guidance on the
Prohibition Against National Origin Discrimination As It Affects
Enrolled Senate Bill 790 (SB 790-B) Page 1
Persons With Limited English Proficiency,' and the 1978 Patient's
Bill of Rights. + }
SECTION 3. { + (1) The Oregon Council on Health Care
Interpreters is created in the Department of Human Services. The
council shall consist of 25 members appointed as follows:
(a) The Governor shall appoint two members from each of the
following groups:
(A) Consumers of medical services who are persons with limited
English proficiency and who use health care interpreters;
(B) Educators who either teach interpreters or persons in
related educational fields, or who train recent immigrants and
persons with limited English proficiency;
(C) Persons with expertise and experience in administration or
policymaking related to the development and operation of
policies, programs or services related to interpreters, and who
have familiarity with the rulings of the federal Office for Civil
Rights concerning interpreter services for various institutions;
(D) Health care providers, consisting of one physician and one
registered nurse, who utilize interpreter services regularly in
their practice;
(E) Representatives of safety net clinics that predominantly
serve persons with limited English proficiency; and
(F) Representatives of hospitals, health systems and health
plans predominantly serving persons with limited English
proficiency.
(b) The Governor shall appoint one representative from each of
the following agencies and organizations after consideration of
nominations by the executive authority of each:
(A) The Commission on Asian Affairs;
(B) The Commission on Black Affairs;
(C) The Commission on Hispanic Affairs;
(D) The Commission on Indian Services;
(E) The International Refugee Center of Oregon;
(F) The Oregon Judicial Department's Certified Court
Interpreter program;
(G) The Commission for Women; and
(H) The Institute for Health Professionals of Portland
Community College.
(c) The Director of Human Services shall appoint one member
from each of the following:
(A) The Department of Human Services;
(B) The Office of Medical Assistance Programs;
(C) The Mental Health and Developmental Disability Services
Division;
(D) The Senior and Disabled Services Division; and
(E) The Health Division.
(d) The membership of the council shall be appointed so as to
be representative of the racial, ethnic, cultural, social and
economic diversity of the people of this state.
(2) The term of a member shall be three years. A member may be
reappointed.
(3) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective for the unexpired term. The appointing authority may
appoint a replacement for any member of the council who misses
more than two consecutive meetings of the council. The newly
appointed member shall represent the same group as the vacating
member.
(4) The council shall select one member as chairperson and one
member as vice chairperson, for such terms and with duties and
Enrolled Senate Bill 790 (SB 790-B) Page 2
powers as the council determines necessary for the performance of
the functions of such offices.
(5) The council may establish such advisory and technical
committees as it considers necessary to aid and advise the
council in the performance of its functions. The committees may
be continuing or temporary committees. The council shall
determine the representation, membership, terms and organization
of the committees and shall appoint committee members.
(6) A majority of the members of the council shall constitute a
quorum for the transaction of business.
(7) Members of the council are not entitled to compensation,
but at the discretion of the Director of Human Services may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties,
subject to ORS 292.495.
(8) The council may accept contributions of funds and
assistance from the United States Government or its agencies or
from any other source, public or private, for purposes consistent
with the purposes of the council.
(9) The Department of Human Services shall provide the council
with such services and employees as the council requires to carry
out its duties. + }
SECTION 4. { + The Oregon Council on Health Care Interpreters
shall work in cooperation with the Department of Human Services
to:
(1) Develop testing, qualification and certification standards
for health care interpreters for persons with limited English
proficiency.
(2) Coordinate with other states to develop and implement
educational and testing programs for health care interpreters.
(3) Examine operational and funding issues, including but not
limited to the feasibility of developing a central registry and
annual subscription mechanism for health care interpreters.
(4) Do all other acts as shall be necessary or appropriate
under the provisions of sections 1 to 5 of this 2001 Act. + }
SECTION 5. { + (1) In consultation with the Oregon Council on
Health Care Interpreters, the Department of Human Services shall
by rule establish procedures for testing, qualification and
certification of health care interpreters for persons with
limited English proficiency, including but not limited to:
(a) Minimum standards for qualification and certification as a
health care interpreter, including:
(A) Oral and written language skills in English and in the
language for which health care interpreter qualification or
certification is granted; and
(B) Formal education or training in medical terminology,
anatomy and physiology, and medical ethics;
(b) Categories of expertise of health care interpreters based
on the English and non-English skills and the medical terminology
skills of the person seeking qualification or certification;
(c) Procedures for receiving applications and for examining
applicants for qualification or certification;
(d) The content and administration of required examinations;
(e) The requirements and procedures for reciprocity of
qualification and certification for health care interpreters
qualified or certified in another state or territory of the
United States; and
(f) Fees for application, examination, initial issuance,
renewal and reciprocal acceptance of qualification or
Enrolled Senate Bill 790 (SB 790-B) Page 3
certification as a health care interpreter and for other fees
deemed necessary by the department.
(2) Any person seeking qualification or certification as a
health care interpreter must submit an application to the
department. If the applicant meets the requirements for
qualification or certification established by the department
under this section, the department shall issue an annual
certificate of qualification or a certification to the health
care interpreter. The department shall collect a fee for the
issuance of the certificate of qualification or the certification
and for any required examinations in the amount established
pursuant to subsection (1) of this section.
(3) The department shall work with other states to develop
educational and testing programs and procedures for the
qualification and certification of health care interpreters.
(4) In addition to the requirements for qualification
established under subsection (1) of this section, a person may be
qualified as a health care interpreter only if the person:
(a) Is able to fluently interpret or translate the dialect,
slang or specialized vocabulary of the non-English language for
which qualification is sought;
(b) Has had at least 60 hours of health care interpreter
training that includes anatomy and physiology and concepts of
medical interpretation; and
(c) Has had practical experience as an intern with a practicing
health care interpreter.
(5) A person may not use the title of 'qualified health care
interpreter' unless the person has met the requirements for
qualification established under subsections (1) and (4) of this
section and has been issued a valid certificate of qualification
by the department.
(6) In addition to the requirements for certification
established under subsection (1) of this section, a person may be
certified as a health care interpreter only if:
(a) The person has met all the requirements established under
subsection (4) of this section; and
(b) The person has passed written and oral examinations
required by the department in English, in the non-English
language the person wishes to translate and in medical
terminology.
(7) A person may not use the title of 'certified health care
interpreter' unless the person has met the requirements for
certification established under subsections (1) and (6) of this
section and has been issued a valid certification by the
department. + }
SECTION 6. { + Notwithstanding the term of office specified in
section 3 of this 2001 Act, of the members first appointed to the
Oregon Council on Health Care Interpreters:
(1) Ten of the members appointed by the Governor shall serve
for terms ending July 1, 2003.
(2) Two of the members appointed by the Director of Human
Services shall serve for terms ending July 1, 2003. + }
SECTION 7. { + All moneys received by the Oregon Council on
Health Care Interpreters under this 2001 Act shall be paid into
the General Fund in the State Treasury and placed to the credit
of the Department of Human Services Account. Such moneys are
appropriated continuously to the department and shall be used
only for the administration and enforcement of the provisions of
this 2001 Act. + }
Enrolled Senate Bill 790 (SB 790-B) Page 4
SECTION 8. { + There is appropriated to the Department of
Human Services, for the biennium beginning July 1, 2001, out of
the General Fund, the amount of $50,000, which may be expended
only for the purposes of sections 1 to 7 of this 2001 Act. + }
SECTION 9. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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Passed by Senate July 3, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 4, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 790 (SB 790-B) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 790 (SB 790-B) Page 6