74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 40
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Public Utility Commission of Oregon)
CHAPTER ................
AN ACT
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 Oregon:
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,
Oregon Laws 1987, unless the context requires otherwise:
(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.
Enrolled Senate Bill 40 (SB 40-INTRO) Page 1
{ + (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
Enrolled Senate Bill 40 (SB 40-INTRO) Page 2
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.
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Passed by Senate February 19, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 27, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 40 (SB 40-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 40 (SB 40-INTRO) Page 4