Chapter 28
AN ACT
SB 40
Relating to the Telecommunication Devices Access Program; amending
sections 9 and 14, chapter 290, Oregon Laws 1987.
Be It Enacted by the People of
the State of
SECTION 1. Section 9, chapter 290, Oregon Laws 1987, as
amended by section 2, chapter 872, Oregon Laws 1991, section 32, chapter 280,
Oregon Laws 1995, section 2, chapter 451, Oregon Laws 1995, and section 1,
chapter 384, Oregon Laws 1999, is amended to read:
Sec.
9. As used in sections 9 to 14, chapter 290,
(1) “Adaptive equipment”
means equipment that permits a disabled person, other than a person who is
hearing or speech impaired, to communicate effectively on the telephone.
(2) “Applicant” means a
person who applies for an assistive telecommunication device, adaptive
equipment or a signal device.
(3) “Assistive
telecommunication device” means a device that utilizes a keyboard, acoustic
coupler, display screen, Braille display, speakerphone or amplifier to enable
deaf, deaf-blind, severely hearing impaired or severely speech impaired people
to communicate effectively on the telephone.
(4) “Audiologist” means
a person who has a master’s or doctoral degree in audiology and a Certificate
of Clinical Competence in audiology from the American Speech-Language-Hearing
Association.
(5) “Deaf” means a
profound hearing loss, as determined by an audiologist or a vocational
rehabilitation counselor of the Department of Human Services,
that requires use of an assistive telecommunication device to
communicate effectively on the telephone.
(6) “Deaf-blind” means a
hearing loss and a visual impairment, as determined by a licensed physician and
by an audiologist or a vocational rehabilitation counselor of the Department of
Human Services, that require use of an assistive telecommunication device to
communicate effectively on the telephone.
(7) “Disabled” means a
physical condition, as determined by a licensed physician or vocational
rehabilitation counselor of the Department of Human Services, other than
hearing or speech impairment that requires use of adaptive equipment to utilize
the telephone.
(8) “Hearing aid
specialist” means a person licensed to deal in hearing aids under ORS chapter
694.
[(8)] (9) “Physician” means an applicant’s primary care
physician or a medical specialist who is able to determine an applicant’s
disability and to whom the applicant was referred by the primary care
physician.
[(9)] (10) “Recipient” means a person who receives adaptive
equipment, an assistive telecommunication device or a signal device.
[(10)] (11) “Severely hearing impaired” means a hearing loss,
as determined by an audiologist or vocational rehabilitation counselor of the
Department of Human Services, that requires use of an
assistive telecommunication device to communicate effectively on the telephone.
[(11)] (12) “Severely speech impaired” means a speech
disability, as determined by a speech-language pathologist or vocational
rehabilitation counselor of the Department of Human Services, that requires use
of an assistive telecommunication device to communicate effectively on the
telephone.
[(12)] (13) “Signal device” means a mechanical device that
alerts a deaf, deaf-blind or severely hearing impaired person of an incoming
telephone call.
[(13)] (14) “Speech-language pathologist” means a person who
has a master’s degree or equivalency in speech-language pathology and a
Certificate of Clinical Competence issued by the American
Speech-Language-Hearing Association.
[(14)] (15) “Telecommunications relay center” means a
facility authorized by the Public Utility Commission to provide
telecommunications relay service.
[(15)] (16) “Telecommunications relay service” means the
provision of voice and teletype communication between users of some assistive
telecommunication devices and other parties.
SECTION 2. Section 14, chapter 290, Oregon Laws 1987, as
amended by section 1, chapter 115, Oregon Laws 1989, section 7, chapter 872,
Oregon Laws 1991, section 33, chapter 280, Oregon Laws 1995, and section 5,
chapter 384, Oregon Laws 1999, is amended to read:
Sec.
14. (1)(a) In order to be eligible to receive assistive
telecommunication devices or adaptive equipment, individuals must be certified
as deaf, severely hearing impaired, severely speech impaired or deaf-blind by a
licensed physician, audiologist, hearing aid specialist, speech-language
pathologist or vocational rehabilitation counselor of the Department of Human
Services. Certification implies that the individual cannot use the telephone
for expressive or receptive communication.
(b) No more than one
assistive telecommunication device or adaptive equipment device shall be
provided to a household. However, two assistive telecommunication devices or
adaptive equipment devices may be provided to a household if more than one
eligible person permanently resides in the household. Households without any
assistive telecommunication devices or adaptive equipment shall be given
priority over households with one assistive telecommunication device or
adaptive equipment device when such devices are distributed.
(c) [Nothing in] Sections 9 to 14, chapter
290, Oregon Laws 1987, [shall] do
not require a telecommunications utility to provide an assistive
telecommunication device to any person in violation of ORS 646.730.
(2)(a) In order to be
eligible to receive adaptive equipment, individuals must be certified to have
the required disability by a person or agency designated by the Public Utility
Commission to make such certifications. Certification implies that the
individual is unable to use the telephone.
(b) [Nothing in] Sections 9 to 14, chapter
290, Oregon Laws 1987, [shall] do
not require a telecommunications utility to provide adaptive equipment to
any person in violation of ORS 646.730.
Approved by the Governor April 10, 2007
Filed in the office of Secretary of State April 11, 2007
Effective date January 1, 2008
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