Chapter 384 Oregon Laws 1999

Session Law

AN ACT

SB 296

Relating to assistance devices for the hearing impaired; amending sections 9, 10, 11, 13 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, and section 2, chapter 451, Oregon Laws 1995, 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 [a] an assistive telecommunication device [for the deaf], 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.

[(3)] (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.

[(4)] (5) "Deaf" means a profound hearing loss, as determined by an audiologist or a vocational rehabilitation counselor of the Vocational Rehabilitation Division, that requires use of [a] an assistive telecommunication device [for the deaf] to communicate effectively on the telephone.

[(5)] (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 Vocational Rehabilitation Division, that [requires] require use of [a] an assistive telecommunication device [for the deaf] to communicate effectively on the telephone.

[(6)] (7) "Disabled" means a physical condition, as determined by a licensed physician or vocational rehabilitation counselor of the Vocational Rehabilitation Division, other than hearing or speech impairment that requires use of adaptive equipment to utilize the telephone.

(8) "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.

[(7)] (9) "Recipient" means a person who receives adaptive equipment, [a] an assistive telecommunication device [for the deaf] or a signal device.

[(8)] (10) "Severely hearing impaired" means a hearing loss, as determined by an audiologist or vocational rehabilitation counselor of the Vocational Rehabilitation Division, that requires use of [a] an assistive telecommunication device [for the deaf] to communicate effectively on the telephone.

[(9)] (11) "Severely speech impaired" means a speech disability, as determined by a speech-language pathologist or vocational rehabilitation counselor of the Vocational Rehabilitation Division, that requires use of [a] an assistive telecommunication device [for the deaf] to communicate effectively on the telephone.

[(10)] (12) "Signal device" means a mechanical device that alerts a deaf, deaf-blind or severely hearing impaired person of an incoming telephone call.

[(11)] (13) "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.

[(12) "Telecommunication device for the deaf" means an electrical device for use with a telephone that utilizes a keyboard, acoustic coupler, display screen or braille display to transmit and receive messages.]

[(13)] (14) "Telecommunications relay center" means a facility authorized by the Public Utility Commission to provide telecommunications relay service.

[(14)] (15) "Telecommunications relay service" means the provision of voice and teletype communication between users of some assistive telecommunication devices [for the deaf] and other parties.

SECTION 2. Section 10, chapter 290, Oregon Laws 1987, as amended by section 3, chapter 872, Oregon Laws 1991, is amended to read:

Sec. 10. It is recognized that a large number of people in this state, through no fault of their own, are unable to utilize telecommunication equipment due to the inability to hear or speak well enough or due to other disabilities. It is also recognized that present technology is available, but at significant cost, that would allow these people to utilize telecommunication equipment in their daily activities. There is, therefore, a need to make such technology in the form of assistive telecommunication devices [for the deaf] and a [telecommunication device for the deaf dual party] telecommunications relay service available to deaf, severely hearing and speech impaired people or adaptive equipment for disabled people at no additional cost beyond normal telephone service. The provision of assistive telecommunication devices [for the deaf] and a [telecommunication device for the deaf] telecommunications relay service or adaptive equipment would allow those formerly unable to use telecommunication systems to more fully participate in the activities and programs offered by government and other community agencies, as well as in their family and social activities. The assistive telecommunication [device] devices [for the deaf equipment] or adaptive equipment would be provided on a loan basis to each recipient, to be returned if the recipient moves out of the state.

SECTION 3. Section 11, chapter 290, Oregon Laws 1987, as amended by section 4, chapter 872, Oregon Laws 1991, is amended to read:

Sec. 11. (1) With the advice of the Telecommunication Devices Access Program Advisory Committee, the Public Utility Commission shall establish and administer a statewide program to purchase and distribute assistive telecommunication devices [for the deaf] to persons who are deaf or severely hearing or speech impaired or deaf-blind and establish a dual party relay system making telephone service generally available to persons who are deaf or severely hearing or speech impaired or deaf-blind.

(2) With the advice of the Telecommunication Devices Access Program Advisory Committee, the Public Utility Commission shall establish and administer a statewide program to purchase and distribute adaptive equipment to make telephone service generally available to persons with physical disabilities.

SECTION 4. Section 13, chapter 290, Oregon Laws 1987, as amended by section 6, chapter 872, Oregon Laws 1991, is amended to read:

Sec. 13. (1) The Public Utility Commission shall employ a coordinator for the Telecommunication Devices Access Program, who shall be primarily responsible for:

(a) The distribution and maintenance of assistive telecommunication devices [for the deaf] and adaptive equipment;

(b) The provision of [telecommunication devices for the deaf] telecommunications relay services and monitoring of those service providers; and

(2) The commission may contract with any governmental agency, or other entity the commission considers to be qualified, to assist the commission in the administration of sections 9 to 14, chapter 290, Oregon Laws 1987.

SECTION 5. Section 14, chapter 290, Oregon Laws 1987, as amended by section 1, chapter 115, Oregon Laws 1989, section 7, chapter 872, Oregon Laws 1991, and section 33, chapter 280, Oregon Laws 1995, is amended to read:

Sec. 14. (1)(a) In order to be eligible to receive assistive telecommunication devices [for the deaf] or adaptive equipment, individuals must be certified as deaf, severely hearing impaired [or], severely speech impaired or deaf-blind by a licensed physician, audiologist, speech-language pathologist[,] or vocational rehabilitation counselor of the Vocational Rehabilitation Division [or the Deaf and Hearing Impaired Access Program]. Certification implies that the individual cannot use the telephone for expressive or receptive communication.

(b) No more than one assistive telecommunication device [for the deaf] or adaptive equipment device shall be provided to a household. However, two assistive telecommunication devices [for the deaf] 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 [for the deaf] or adaptive equipment shall be given priority over households with one assistive telecommunication device [for the deaf] or adaptive equipment device when such devices are distributed.

(c) Nothing in sections 9 to 14, chapter 290, Oregon Laws 1987, shall require a telecommunications utility to provide [a] an assistive telecommunication device [for the deaf] 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 require a telecommunications utility to provide adaptive equipment to any person in violation of ORS 646.730.

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 29, 1999

Effective date October 23, 1999

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