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The Oregon Administrative Rules contain OARs filed through April 15, 2013

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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

DIVISION 2

STANDARDS FOR REGISTRY ENROLLMENT, QUALIFICATION AND
CERTIFICATION OF HEALTH CARE INTERPRETERS

333-002-0000

Purpose

(1) Title VI of the Civil Rights Act of 1964 mandates that no person in the United States shall, on grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The purpose of these rules is to establish a central registry and procedures for the qualification or certification of health care interpreters for persons with Limited English Proficiency (LEP).

(2) Any individual providing interpreting services, either in-person or remotely, and using the techniques of consecutive interpreting, sight translation, or simultaneous interpreting may elect to participate in the Health Care Interpreter program.

Stat. Auth.: ORS 413.558
s Stats. Implemented: ORS 413.556 & 419.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0010

Definitions

As used in chapter 333, division 2 the following definitions apply:

(1) "Applicant" means any individual who has applied under OAR 333-002-0050 for registry enrollment, qualification, or certification as a health care interpreter for any of the following languages: Cantonese, Korean, Mandarin, Russian, Spanish, or Vietnamese. The state reserves the right to encompass additional languages at a later date.

(2) “Authority” means the Oregon Health Authority.

(3) "Central Registry" means a registry of individuals recognized as health care interpreters maintained by the Authority in accordance with OAR 333-002-0030.

(4) "Certified Health Care Interpreter" means an individual who has been issued an approved certificate by the Authority under the provisions of OAR 333-002-0150.

(5) "Consecutive Interpreting" means the conversion of a speaker’s message into another language after the speaker pauses.

(6) "Formal Training" means training obtained in a formal academic setting, seminars, in-service trainings, or other substantive distance learning.

(7) "Fluency" means the ability to effectively communicate between the patient and the medical provider including, but not limited to, the ability to interpret the dialect, slang, or specialized vocabulary of a language to ensure the provision of high quality care.

(8) "Health Care" means medical, surgical or hospital care, or any other remedial care recognized by state law, including mental health care.

(9) "Health Care Interpreter" (HCI) means an individual who is readily able to communicate with an individual with limited English proficiency and to accurately translate the written and interpret the oral statements of the individual with limited English proficiency into English, and who is readily able to translate the written and interpret the oral statements of other individuals into the language of the individual with limited English proficiency.

(10) "Interpreting" means the process of understanding and analyzing a spoken message and re-expressing that message completely, accurately and objectively in another language, taking the cultural and social context into account.

(11) "Interpreting Knowledge" means an entry-level range of interpreting knowledge and skills that includes but is not limited to: language fluency, ethics, cultural competency, terminology, integrated interpreting skills and translation of simple instructions.

(12) "Interpreting Proficiency" means a wide range of interpreting knowledge and skills that includes but is not limited to: language fluency, ethics, cultural competency, terminology, integrated interpreting skills and ability to translate the necessary information between the medical provider and the patient.

(13) "Limited English Proficient" or (LEP) means a legal concept referring to a level of English proficiency that is insufficient to ensure equal access to public services without an interpreter.

(14) "Office of Multicultural Health and Services" (OMHS) means a central administrative support office of the Authority.

(15) "Oregon Council on Health Care Interpreters" means the advisory body of experts in the areas of language and health care interpreting, industry professionals, educators and community representatives.

(16) "Qualified Health Care Interpreter" means an individual who has been issued a valid letter of qualification by the Authority under the provisions of OAR 333-002-0140.

(17) "Remote Interpreting" means interpreting services provided via telephone, video, online or any other electronic means where at least one of the principal participants is physically present in Oregon.

(18) "Sight Translation" means translation of a written document into spoken language.

(19) "Simultaneous Interpreting" means converting a speaker’s message into another language while the speaker continues to speak.

(20) "Translation" means the conversion of written text into a corresponding written text in a different language.

(21) "Verifiable Evidence" means documented proof by means that are reasonably reliable to establish authenticity of submitted documents. Documentation may include employer endorsement, pay statement, services contract, remittance advice, student practicum, or intern time log.

(22) "Written verification" means documented proof by means that are reasonably reliable to establish authenticity of submitted documents. Documentation may include official transcripts, a certificate of completion, or an endorsement from an agency or institution whose training curriculum is approved by the Authority.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0020

Health Care Interpreter Services

Any individual providing Consecutive Interpreting, Interpreting Services, Remote Interpreting, Sight Translation or Simultaneous Interpreting as defined in this division may:

(1) Voluntarily meet the eligibility standards for registry enrollment established in OAR 333-002-0040 and be added to the central registry under the provisions of OAR 333-002-0130; or

(2) Voluntarily meet the requirements of qualification established in OAR 333-002-0040 and be issued a valid letter of qualification by the Authority under the provisions of OAR 333-002-0140; or

(3) Voluntarily meet the requirements of certification established in OAR 333-002-0040 and be issued a valid letter of certification by the Authority under the provisions of OAR 333-002-0150.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0030

Central Registry

The Authority will maintain a central registry of individuals who are registered, qualified, and certified to provide health care interpreter services as defined in OAR 333-002-0020.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0035

Fees

The Authority establishes the following Health Care Interpreter program fees:

(1) An HCI Registry Enrollment Application shall require a fee of $25 per application.

(2) An HCI Registry Renewal Application shall require a fee of $25 per application.

(3) An HCI Qualification Application and Request for Evaluation shall require a fee of $25 per application.

(4) An HCI Certification Application and Request for Evaluation shall require a fee of $30 per application.

(5) An HCI Interpreting Assessment for a subspecialty shall require a fee of $400 per attempt.

(6) An HCI Certification Renewal Application shall require a fee of $30 per application.

(7) An HCI External Transcript Review Request shall require a fee of $125 per request.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0040

Eligibility Standards for Registry Enrollment, Qualification and Certification

(1) Applicants seeking enrollment in the HCI registry must:

(a) Be at least 18 years of age;

(b) Submit applicable forms and fees;

(c) Successfully complete the HCI orientation session set by the Authority. Information presented shall include but is not limited to the following topics:

(A) Presentation of ORS 413.550 through 413.558 and OAR chapter 333, division 2;

(B) Review of Authority, health care interpreter, provider and patient roles and responsibilities; and

(d) Abide by the National Code of Ethics for Interpreters in Health Care as established by OAR 333-002-0100;

(e) Abide by the National Standards of Practice for Interpreters in Health Care as established by OAR 333-002-0110; and

(f) Have a high school diploma or a GED from an accredited school in the United States of America, or an equivalent diploma from another country.

(2) In addition to complying with the requirements set out in section (1) of this rule, applicants seeking qualification must be able to:

(a) Provide written verification of at least 60 hours of formal training as defined in OAR 333-002-0060;

(A) Educators and trainers of health care interpreters that have worked in the field for two consecutive years in the state of Oregon at any time from January 2, 1996 to the present may count time spent training health care interpreters toward the 60 credit hours, up to 40 hours.

(B) The individual must submit a signed letter from an accredited institution to be eligible for this exception.

(b) Provide verifiable evidence of 40 hours of experience; and

(c) Demonstrate health care interpreting knowledge by passing a qualification skill evaluation offered by an Authority approved language proficiency testing center as defined in OAR 333-002-0070 or to meet equivalent language proficiency requirements set by the Authority.

(3) In addition to complying with the requirements set out in section (1) of this rule, applicants seeking certification must be able to:

(a) Provide written verification of at least 60 hours of formal training as defined in OAR 333-002-0060;

(B) The individual must submit a signed letter from an accredited institution to be eligible for this exception.

(b) Provide verifiable evidence of 80 hours of work experience as an HCI; and

(c) Demonstrate health care interpreting proficiency by passing an approved national certification test as defined in OAR 333-002-0070.

(4) Each HCI applicant seeking certification must first have completed all required documentation to become an Oregon Qualified HCI. Each HCI applicant seeking certification must show proof of national certification.

(5) The Authority shall accept formal training from entities outside of Oregon that can demonstrate that their criteria are equal to or exceed Oregon criteria as established by these rules. The Authority shall maintain a list of Authority approved training centers where applicants may receive the required education.

(6) An applicant who has taken and passed a health care interpreter or medical interpreter certification test from an Authority approved testing center prior to March 1, 2011 is not required to comply with subsection (3)(c) of this rule.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 15, 2010(Temp), f. 7-13-10, cert. ef. 7-15-10 thru 1-10-11; Administrative correction 1-25-11; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0050

Application Procedure

(1) Upon request, the Authority shall provide an application packet or a link to the HCI webpage where the applicant may complete an online application, download an application, or obtain a printable paper application, to any individual seeking registry enrollment for qualification or certification as an HCI.

(2) Applicants must submit standard forms along with required documentation and applicable fees to the Authority.

(3) All application materials submitted in a language other than English must be accompanied by:

(a) An accurate translation of those documents into English; and

(b) A translator’s certificate certifying that the documents that have been translated are true and accurate, by an independent translator other than the applicant.

(4) The applicant shall pay for any translation costs for documents required by the Authority.

(5) If the Authority determines that the application is not complete or that the required documentation is not acceptable, the Authority shall notify the applicant within 30 days of receipt. An incomplete application includes, but is not limited to, an application that lacks:

(a) Required information or original signatures; or

(b) Required forms, documentation or fees.

(6) Applicants may withdraw from the process at any time by submitting written notification to the Authority; however the Authority shall not refund any fees that are paid.

(7) Applicants must submit a request for qualification testing directly to the Authority approved testing center. Applicants must pay the required testing fees directly to the testing center. Once testing has been completed the testing results shall become part of the applicant’s permanent record. Applicants shall authorize the Authority to receive a copy of their testing results from the authorized testing center.

(8) Applicants must submit a request for certification directly to the Authority approved testing center. Applicants must pay the required testing fees directly to the testing center. Once the testing has been completed the testing results shall become part of the applicant’s permanent record. Applicants shall authorize the Authority to receive a copy of their testing results from the authorized testing center.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0060

Training and Work Experience Requirement

(1) Applicants seeking HCI qualification or certification must provide written verification of the successful completion of formal training at an Authority approved training center. Required subjects include Medical Terminology, Anatomy, Physiology, Concepts and Modes of Health Care Interpreting, and Health Care Interpreting Ethics. Applicants must meet or exceed the minimum training requirement for the credential being sought.

(2) Each HCI applicant seeking qualification or certification must complete at least 60 hours of Authority approved training, including a minimum of:

(a) Fifty-two hours of integrated Medical Terminology, Anatomy and Physiology, Introductory Health Care Interpreting Concepts and Modes; and

(b) Eight hours of Health Care Interpreting Ethics.

(3) Each HCI applicant seeking qualification must show proof of 40 working professional hours as a health care interpreter, which may include practical experience as an intern with a practicing health care interpreter, by providing verifiable evidence from an employer where the applicant has previously worked.

(4) Each HCI applicant seeking certification must show proof of 80 working professional hours as a health care interpreter by providing verifiable evidence from a previous employer.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 15, 2010(Temp), f. 7-13-10, cert. ef. 7-15-10 thru 1-10-11; Administrative correction 1-25-11; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0070

Approval of Testing Centers, Skill Evaluation and Assessment

(1) The Authority shall enter into a Memorandum of Agreement with health care interpreter or medical interpreter testing centers and language proficiency testing centers that are approved for testing. The Agreement shall establish the manner and means for testing Oregon applicants for health care interpreter testing, and shall include a process for sharing testing information with the Authority and the applicant.

(2) The Authority shall maintain a list of approved health care interpreter or medical interpreter certification testing centers. This list shall be made readily available to the public at all times.

(3) The Authority may proctor testing and may determine testing locations, unless the approved testing centers have their own testing centers available and can verify the applicant’s identity before testing.

(4) Government issued photo identification showing the name and address of the applicant must be presented to enter an evaluation or assessment. This identification could be a valid driver's license, state identification card, military identification, current passport, or immigration or naturalization documents.

(5) An applicant whose conduct interferes with or disrupts the testing process may be dismissed and disqualified from future evaluations and assessments. Such conduct includes but is not limited to the following behaviors:

(a) Giving or receiving evaluation or assessment data, either directly or indirectly, during the testing process;

(b) Failure to follow written or oral instructions relative to conducting the evaluation or assessment, including termination times and procedures;

(d) Attempting to remove evaluation or assessment materials or notations from the testing site; or

(e) Violating the credentialing process by:

(A) Falsifying or misrepresenting educational credentials or other information required for admission to the evaluation or assessment;

(B) Having an impersonator take the evaluation or assessment on one's behalf; or

(6) Test questions, scoring keys, and other data used to administer evaluations and assessments are exempt from disclosure under ORS 192.410 through 192.505.

(7) The Authority may release statistical information regarding evaluation or assessment pass/fail rates by group, evaluation or assessment type, and subject area to any interested party.

(8) Applicants needing accommodation because of a disability may apply to the testing center for accommodations to complete an evaluation or assessment.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0080

Skill Evaluation or Assessment Appeal

Applicants who fail to pass a test at an Authority approved testing center may appeal the results with the testing center directly and pay any fees associated with the request. The testing center’s determination is final. Applicants have no further appeal rights with the Authority.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0100

Code of Ethics and Standards of Practice for Interpreters in Health Care

(1) Health care interpreters must adhere to the National Code of Ethics for Interpreters in Health Care as established by the National Council on Interpreting in Health Care.

(2) Health care interpreters must adhere to the National Standards of Practice for Interpreters in Health Care as established by the National Council on Interpreting in Health Care.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0120

Continuing Education

(1) Upon application for renewal of certification, an HCI must:

(a) Have completed 30 hours of continuing education; and

(b) Sign and submit an Authority supplied continuing education form and written verification indicating they have completed the required number of hours of continuing education.

(2) Continuing education must be completed within the renewal period. Continuing education hours taken in excess of the total number required may only be carried over to the next subsequent renewal period.

(3) Continuing education records must be maintained by the HCI for a minimum of three years.

(4) If the Authority finds indications of fraud or falsification of records, investigative action will be instituted. Findings may result in disciplinary action including revocation of the certificate.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0130

Registry Enrollment

(1) If the Authority determines that the applicant has met all requirements of these rules or meets all eligibility standards, the applicant shall be added to the central registry of health care interpreters.

(2) Registry enrollment is valid for 12 months from the date of enrollment and is renewable.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0140

Letter of Qualification

(1) If the Authority determines that OAR 333-002-0040, 333-002-0050, 333-002-0060, 333-002-0070, and 333-002-0090 have been met, a letter of qualification shall be issued.

(2) Letters of Qualification are valid for 36 months from the date of issue and are not renewable for languages for which certification is available. For other languages, qualification may be renewed every 36 months.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0150

Certificate

(1) If the Authority determines that OAR 333-002-0040, 333-002-0050, 333-002-0060, 333-002-0070, and 333-002-0090 have been met, a certificate shall be issued.

(2) Certificates are valid for 36 months from the date of issue and are renewable.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0160

Registry Enrollment Renewal

(1) Applicants for registry enrollment renewal must provide the Authority with:

(a) The completed renewal form provided by the Authority;

(b) Applicable fees;

(c) A current signed copy of the commitment form, included with the renewal form, acknowledging that the applicant has read and agrees to abide by the National Code of Ethics for Interpreters in Health Care; and

(d) A current signed copy of the commitment form, included with the renewal form, acknowledging that the applicant has read and agrees to abide by the National Standards of Practice for Interpreters in Health Care.

(2) The materials required by section (1) of this rule must be submitted to the Authority no less than 30 days prior to the enrollment expiration date. The date of submission of these materials shall be considered to be the date postmarked by the US Postal Service, or if not postmarked, by the date they are received by the Authority.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0170

Certification Renewal

(1) A certified HCI must renew certification every 36 months and provide the Authority with:

(a) The completed renewal form provided by the Authority;

(b) All applicable fees;

(c) Written verification of a minimum of 30 hours of continuing education as defined in OAR 333-002-0120 during the preceding three years;

(d) A current signed copy of the commitment form, included with the renewal form, acknowledging that the applicant has read and agrees to abide by the National Code of Ethics for Interpreters in Health Care; and

(e) A current signed copy of the commitment form, included with the renewal form, acknowledging that the applicant has read and agrees to abide by the National Standards of Practice for Interpreters in Health Care.

(2) The materials required by section (1) of this rule must be submitted to the Authority no less than 30 days prior to the letter of certificate expiration date. The date of submission of these materials shall be considered to be the date postmarked by the US Postal Service, or if not postmarked, by the date they are received by the Authority.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0180

Denial, Revocation, Suspension or Refusal to Renew Registry Enrollment

The Authority shall deny, revoke, suspend or refuse to renew registry enrollment under the following conditions:

(1) Applicant for initial registry enrollment fails to meet the eligibility standards of OAR 333-002-0040;

(2) Applicant for registry enrollment renewal fails to comply with the requirements of OAR 333-002-0160;

(3) Applicant submits information that cannot be verified; or

(4) Applicant engages in conduct or practices found by the Authority to be in violation of the National Code of Ethics for Interpreters in Health Care or the National Standards of Practice for Interpreters in Health Care.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0190

Denial, Revocation, or Suspension of Letters of Qualification

The Authority shall deny, revoke, or suspend a letter of qualification under the following conditions:

(1) Applicant for an initial letter of qualification fails to meet the requirements of OAR 333-002-0040;

(2) Applicant submits information that cannot be verified; or

(3) Applicant engages in conduct or practices found by the Authority to be in violation of the National Code of Ethics for Interpreters in Health Care or the National Standards of Practice for Interpreters in Health Care.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0200

Denial, Revocation, Suspension or Refusal to Renew Certification

The Authority shall deny, revoke, suspend or refuse to renew a certificate under the following conditions:

(1) Applicant for an initial certification fails to meet the requirements of OAR 333-002-0040;

(2) Applicant for a certification renewal fails to comply with the requirements of OAR 333-002-0170;

(3) Applicant submits information that cannot be verified; or

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0210

Complaints

(1) Any affected party or witness may submit a complaint against an HCI. Complaints must be submitted on the standard form provided by the Authority, signed and dated by the person alleging the complaint. A complaint that does not comply with the requirements of this rule will not be accepted, responded to or acted upon by the Authority.

(2) The Authority may commence an investigation of an HCI as a result of information received from any party.

(3) Complaint forms received by the Authority shall be made available to the accused HCI and others involved in the investigation of the allegations.

(4) The Authority shall conduct a preliminary review of the complaint to ensure there is sufficient cause to justify proceeding and that the allegations against the respondent are such that, if proven, could result in a violation of the National Code of Ethics for Interpreters in Health Care or the National Standards of Practice for Interpreters in Health Care.

(5) If the complaint is determined to be valid, the Authority shall notify the respondent of the allegations by mail and request written comments. The respondent must submit written comments to the Authority within two weeks after the notification was first mailed, unless an extension is authorized by the Authority under the following circumstances; only one extension may be allowed and the extension may not exceed 30 days. The Authority shall evaluate the complaint using available evidence.

(6) Complaints and all evidence obtained, including any documents or information received from the complainant, respondent, witnesses, Authority investigators or Authority staff, shall be referred to the Oregon Council onHealth Care Interpreters for review and recommendations.

(7) During the review, the respondent’s identity shall remain confidential

(8) The Authority may not consider oral arguments from the complainant or respondent unless the Authority determines that further information is required.

(9) If evidence is insufficient to show cause for action, the complainant and respondent shall be notified in writing.

(10) If evidence is sufficient to show cause for action, the Authority shall determine appropriate disciplinary action. The respondent shall be notified in writing and that determination shall become public record.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0220

Discipline

The Authority may refuse to issue or renew, or may suspend or revoke qualification or certification, or impose remedial education or corrective actions if an applicant, registry enrollee, qualified or certified health care interpreter engages in any of the following conduct:

(1) Represents that he or she is a qualified or certified health care interpreter without having been issued a valid letter of qualification or certificate by the Authority.

(2) Knowingly gives misinformation or false information to the Authority.

(3) Violates the credentialing process by:

(a) Falsifying or misrepresenting educational credentials or other information required for admission to an evaluation or assessment;

(b) Having an impersonator take an evaluation or assessment on one's behalf; or

(4) Has had a credential to practice health care interpreting in another state, territory or country suspended or revoked based upon acts by the HCI similar to acts described in this rule.

(5) Has been convicted of a crime in this state, or any other state, territory or country, or convicted of a federal crime, which demonstrably relates to the practice of health care interpreting.

(6) Has engaged in false, deceptive or misleading advertising of their qualification or certification credentials, which includes but is not limited to advertising health care interpreting using the titles of qualified or certified health care interpreter in any private or public communication or publication by an individual who is not credentialed by the Authority. For the purposes of this rule, "advertise" includes telephone directory listings, business cards, social media networking, or any other source of advertisement.

(7) Allows the use of an Authority issued credential by a non-credentialed person.

(8) Has presented as one's own credential, the credential of another.

(9) Has practiced health care interpreting services under a false or assumed name without notification to the Authority.

(10) Has impersonated another HCI.

(11) Has used or attempted to use an HCI credential that has been revoked, suspended, or lapsed.

(12) Has practiced or offered to practice beyond the scope of the National Code of Ethics or National Standards of Practice for Interpreters in Health Care.

(13) Fails to cooperate with the Authority in any credentialing action or disciplinary proceeding. Such acts include but are not limited to:

(a) Failure to furnish requested papers or documents;

(b) Failure to furnish a written response to a matter contained in any complaint filed with the Authority; or

(c) Failure to respond to requests for information issued by the Authority whether or not the recipient is accused in the proceeding.

(14) Fails to comply with any request issued by the Authority or an assurance of discontinuance entered into with the Authority.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

333-002-0230

Hearings

An individual who wishes to contest the denial, non-renewal, suspension or revocation of their registry enrollment, qualification or certification may request a contested case hearing. The contested case hearing process is conducted in accordance with ORS 183.441 through 183.497 and the Attorney General’s Uniform and Model Rules of Procedure for the Office of Administrative Hearings, OAR 137-003-0501 through 137-003-0700.

Stat. Auth.: ORS 413.558
Stats. Implemented: ORS 413.556 & 413.558
Hist.: PH 18-2006, f. & cert. ef. 8-2-06; PH 26-2006, f. & cert. ef. 11-16-06; PH 2-2011, f. & cert. ef. 3-1-11

Non-Traditional Health Workers

333-002-0300

Purpose

The purpose of these rules is to establish criteria, description, and training requirements for Non-Traditional Health Workers (NTHW) which include community health workers, personal health navigators, peer wellness specialists and other health care workers not regulated or certified by the state of Oregon. These rules set forth the procedures for NTHW certification and enrollment in a registry maintained by the Authority. These rules also establish curriculum guidelines for training programs seeking to train NTHWs and the procedures for Authority approval of training programs.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0305

Definitions

The following definitions apply to OAR 333-002-0300 through 333-002-0380:

(1) “Authority” means the Oregon Health Authority.

(2) “Authority Approved Training Program” means an organization that has a training program with curriculum that meets Authority standards and has been approved by the Authority to train NTHWs.

(3) “Certified Non-Traditional Health Worker” means an individual who has successfully completed an Authority approved training program or doula training as required by these rules, has applied for and been certified by the Authority for one of the NTHW types; or a grandfathered NTHW who has been certified by the Authority.

(4) “Community Based Organization” means a public or private nonprofit organization of demonstrated effectiveness that is representative of a community or significant segments of a community, which may be located within or in close proximity to the community it serves; and is engaged in meeting that community’s needs in the areas of social, human, or health services.

(5) “Community Health Worker” has the meaning given that term in ORS 414.025.

(6) “Contact Hour” means a training hour, which includes classroom, group or distance learning. Contact hour does not include homework time, preparatory reading or clinical practicum.

(7) “Competencies” mean key skills and applied knowledge necessary for NTHWs to be effective in the work field and carry out their roles.

(8) “Doula” means a birth companion who provides personal, nonmedical support to women and families throughout a woman's pregnancy, childbirth, and post-partum experience.

(9) “Equivalency” means that individuals have fulfilled the requirements of a course or combination of courses, by completing a relatively equivalent course.

(10) “Grandfathered NTHW” means an individual who has been issued a certificate by the Authority for one of the NTHW types as a result of his or her prior NTHW work experience and fulfillment of all additional requirements for grandfathering as set forth in these rules.

(11) “Incumbent Worker Training” means training offered by an Authority approved training program that ensures that candidates for grandfathering meet the scope of practice standards required by the Authority.

(12) "NTHW Applicant" means an individual who has applied for certification as any of the NTHW types.

(13) “NTHW Type” means a community health worker, peer wellness specialist, personal health navigator, or doula.

(14) "Peer" means any individual who has similar life experience, either as a current or former recipient of addictions or mental health services, or as a family member of an individual who is a current or former recipient of addictions or mental health services.

(15) “Peer Wellness Specialist” has the meaning given that term in ORS 414.025.

(16) “Personal Health Navigator” has the meaning given that term in ORS 414.025.

(17) “Provisionally Certified NTHW” means an individual who has temporary certified status, not to exceed one year, upon successful completion of a non-approved NTHW training program as described in 333-002-0327.

(18) "Registry" means a list of certified NTHWs maintained by the Authority.

(19) “Training Program Applicant” means an organization that has applied for Authority approval of its training program and curricula for any of the NTHW types.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0310

Community Health Worker, Peer Wellness Specialist, Personal Health Navigator Certification Requirements

(1) To be certified as a community health worker, peer wellness specialist, or personal health navigator, an individual must successfully complete all required training offered by an Authority approved training program for that individual’s NTHW type.

(2) Individuals who have worked or volunteered in the capacity of a community health worker, peer wellness specialist or personal health navigator in the state of Oregon at least 3000 hours in the five years from the date of application for certification but who have not completed an approved training program are eligible for certification if they successfully complete incumbent worker training offered by an Authority approved training program.

(3) Community health workers, peer wellness specialists or personal health navigators who have completed some or all of the certification training requirements may receive equivalency for previously completed training. The Authority approved training program shall determine equivalency requirements.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0315

Doula Certification Requirements

To be certified in Oregon as a doula, an individual must:

(1) Successfully complete an Authority approved training program for doulas; or

(2) Be certified by DONA International or the Association of Labor Assistants and Childbirth Educators (ALACE); and

(3) Complete six additional hours of cultural competency training from an Authority approved training program.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0320

NTHW Continuing Education Requirements

(1) To maintain certification status, all NTHWs must complete at least 20 hours of continuing education during every three year renewal period.

(2) Continuing education hours taken in excess of the total number required may not be carried over to the next renewal period.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0325

Application and Renewal Process for NTHW Certification and Registry Enrollment

(1) Individuals seeking NTHW certification and registry enrollment must:

(a) Be at least 18 years of age;

(b) Have successfully completed all training requirements for certification pursuant to these rules; and

(2) Individuals seeking NTHW certification and registry enrollment as a grandfathered NTHW must comply with the requirements in section (1) and must also submit:

(a) Verifiable evidence of working or volunteering in the capacity of a community health worker, peer wellness specialist, or personal health navigator for at least 3000 hours in the five years from the date of application. Verifiable evidence may include but is not limited to pay statement, services contract, student practicum, or intern time log; and

(b) A minimum of one letter of recommendation and competency evaluation on an Authority prescribed form from any previous employer for whom NTHW services have been provided in the five years from the date of application.

(3) Applications are available on the NTHW program webpage or a paper copy may be obtained upon request to the Oregon Health Authority Office of Equity and Inclusion.

(4) Applicants must submit the completed application and all required documentation to the Authority.

(a) All application materials submitted in a language other than English must be accompanied by:

(A) An accurate translation of those documents into English; and

(B) A translator’s certification that the translated documents are accurate.

(b) The Authority shall only accept complete and acceptable documentation.

(5) Applicants may withdraw from the process at any time by submitting written notification to the Authority.

(6) Applicants who complete their Authority approved training program more than three years prior to submitting a certification application, must provide evidence that they:

(a) Meet all the requirements for initial certification; and

(b) Have met the applicable requirements for continuing education as described in OAR 333-002-0320 in the three year period preceding the application.

(7) If the Authority determines that an applicant has met all certification requirements, the Authority shall notify the applicant in writing of its decision to grant the individual certification as a NTHW and add the individual to the registry.

(8) Certification is valid for 36 months from the date the Authority grants certification.

(9) A NTHW seeking certification renewal must:

(a) Submit a completed renewal application on an Authority prescribed form; and

(b) Provide written verification indicating the certificate holder has met the applicable requirements for continuing education pursuant to OAR 333-002-0320.

(10) Renewal applications must be submitted to the Authority no less than 30 days prior to the expiration of the current certification period.

(11) The Authority shall remove a NTHW from the registry if the NTHW fails to renew his or her certification within the renewal period.

(12) All new and renewal applicants are subject to a criminal background check in accordance with OAR chapter 943, division 7, and for review to determine whether the applicant is excluded from participation in the medical assistance program, and must submit the Authority required forms for this purpose. A new or renewal applicant may be denied certification based on a fitness determination as described in OAR chapter 943, division 7, or if otherwise excluded from participation in the medical assistance program.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0327

Provisional NTHW Certification

(1) Individuals who have completed or matriculated into a non-approved NTHW training program between February 4, 2010 to February 4, 2013, may qualify for provisional certification by the Authority provided that:

(a) The individual successfully completes the training program; and

(b) The training program includes a minimum of 40 contact hours of training.

(2) Individuals seeking provisional certification must:

(a) Be at least 18 years of age;

(b) Submit a completed application on an Authority prescribed form;

(c) Submit written documentation of successful completion of a NTHW training program that includes at minimum 40 contact hours of training.

(3) Applications are available on the NTHW program webpage or a paper copy may be obtained upon request to the Oregon Health Authority Office of Equity and Inclusion.

(4) Applicants must submit the completed application and all required documentation to the Authority as described in OAR 333-002-0325 (4).

(5) If the Authority determines that an applicant has met all provisional certification requirements, the Authority shall notify the applicant in writing of its decision to grant the individual provisional NTHW certification.

(6) Provisionally certified NTHWs may become certified if:

(a) The individual successfully completes remaining training requirements from an Authority approved training program within one year from the provisional certification date; or

(b) The training program completed by the provisionally certified NTHW becomes Authority approved.

(7) Provisionally certified NTHWs seeking certification must comply with the requirements and procedures set forth in OAR 333-002-0325.

(8) The Authority shall revoke provisional certification if the individual does not successfully complete the remaining training requirements within one year from the date of provisional certification.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0340

Standards of Professional Conduct

(1) A certified or provisionally certified NTHW must comply with Standards of Professional Conduct set forth in this rule. The violation of the standards may result in the denial of an application for certification or suspension or revocation of certification.

(2) NTHWs must:

(a) Acquire, maintain and improve professional knowledge and competence using scientific, clinical, technical, psychosocial, and governmental sources of information;

(b) Represent all aspects of professional capabilities and services honestly and accurately;

(c) Ensure that all actions with a client are based on understanding and implementing the core values of caring, respect, compassion, appropriate boundaries, and appropriate use of personal power;

(d) Develop alliances with the client, colleagues, other health care providers and the community to provide care and services that are safe, effective, and appropriate to the client’s needs;

(e) Develop and incorporate respect for diverse client backgrounds including a client's clinical diagnosis, lifestyle, sexual orientation, race, gender, ethnicity, religion, age, and socioeconomic background when planning and providing services;

(f) Act as an advocate for client and client’s needs;

(g) Respect the client's right and responsibility for self-determination in making health care choices;

(h) Base decisions and actions on behalf of a client on sound ethical reasoning and current principles of practice;

(i) Maintain client confidentiality; and

(j) Protect a client’s rights as described in section (3) of this rule.

(3) NTHW clients have rights that NTHWs must recognize and protect. Clients have the right to:

(a) Be treated with dignity and respect;

(b) Be free from theft, damage, or misuse of personal property;

(d) Be free from financial exploitation;

(e) Be free from physical restraints;

(f) Voice grievances or complaints regarding services or any other issue without discrimination or reprisal for exercising their rights;

(g) Be free from discrimination in regard to race, color, national origin, gender, sexual orientation, or religion; and

(h) Have client information and records confidentially maintained.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0345

Denial, Suspension or Revocation of Certification

(1) The Authority may deny, suspend, or revoke certification when an applicant or certificate holder fails to comply with ORS 414.665 or these rules.

(2) If the Authority denies, suspends, or revokes certification it shall do so in accordance with ORS 183.411 through 183.470 and the applicant or certificate holder may request a contested case hearing.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0350

Training Program Requirements

(1) All Authority approved training programs must:

(a) Meet the curriculum requirements for the NTHW type being trained;

(b) Demonstrate a method for establishing equivalency for students who have previously completed training that meets one or more training requirements for their NTHW type;

(d) Demonstrate active efforts to collaborate with at least one culturally diverse community-based organization (CBO);

(e) Demonstrate the use of various teaching methodologies including but not limited to popular education and adult learning;

(f) Demonstrate the use of various training delivery formats including but not limited to classroom instruction, group and distance learning;

(f) Demonstrate efforts to make training inclusive and accessible to individuals with different learning styles, education backgrounds, and student needs;

(g) Demonstrate efforts to remove barriers to enrollment for students;

(h) Demonstrate inclusion of cognitive and practical examinations to evaluate and document the acquisition of knowledge and mastery of skills by the individual trained. This examination:

(A) May be any combination of written, oral, or practical competency tests; and

(B) Must assess NTHW competencies covered in the curriculum.

(i) Demonstrate the inclusion of a method or process for the individual trained to evaluate and give feedback on the training experience;

(j) Maintain an accurate record of each individual’s attendance and participation in training for at least five years after course completion; and

(k) Agree to verify the names of individuals to the Authority who have successfully completed the training program when those individuals apply for certification and registry enrollment.

(2) All Authority approved training programs that provide incumbent worker training for individuals who seek to grandfather into the NTHW program must also:

(a) Require students to submit an Authority prescribed competency evaluation form from any previous employer for whom NTHW services have been provided in the five years from the date of application;

(b) Include a pre-course assessment to evaluate student’s current level of knowledge and skill; and

(c) Provide training that addresses gaps in competencies identified in the employer competency evaluation and pre-course assessment.

(3) Training program applicants must submit an application to the Authority. At a minimum, the training program application must include:

(a) Contact information for the individual or entity wishing to establish the training program, including director name and contact information;

(b) A syllabus and list of materials that demonstrate curriculum requirements are met;

(A) Core curriculum for community health workers, peer wellness specialists, personal health navigators;

(B) Additional curriculum for community health workers;

(D) Incumbent worker training;

(E) Doula curriculum;

(d) An overview of the teaching philosophy and methodology;

(e) A description of the method of final examination as described in section (1)(h);

(f) A list of instructors, including experienced NTHWs if available;

(g) A geographic description of the training site;

(h) If the applicant is not a CBO, a signed agreement with a partnering CBO;

(i) A description of the approach for recruiting and enrolling a diverse student population to meet the needs of the community, including any strategies for reducing barriers to enrollment; and

(j) An indication of whether academic credit will be given for successful completion of training program.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0355

Application and Renewal Process for Authority Training Program Approval

(1) Training program applications are available on the NTHW program webpage or by requesting a paper copy from the Oregon Health Authority Office of Equity and Inclusion.

(2) Training program applicants must submit an application at least 90 days in advance of the first expected class day.

(3) If an application is incomplete, the Authority shall send notice requesting the additional materials required. The notice shall specify the date by which additional materials must be submitted. Unless the Authority grants an extension, if additional materials are not submitted within the specified time, the Authority shall return the application to the applicant and take no further action.

(4) If the Authority determines that an applicant has met all training program requirements, the Authority shall send written notice of program approval.

(5) The Authority shall maintain a list of Authority approved training programs. The list shall be available to the public.

(6) An Authority approved training program must apply to renew its approval status every three years.

(a) Renewal applications are available on the NTHW program webpage or by requesting a paper copy from the Oregon Health Authority Office of Equity and Inclusion.

(b) Training programs must complete and submit the renewal application no less than six months prior to the expiration of the current approval period.

(c) Training programs that fail to submit a renewal application pursuant to section (6)(b) of this rule must submit a new application and may not apply for renewal of its current approval.

(7) The Authority may conduct site visits of training programs, either prior to approving or reapproving a training program application, or at any time during the three year approval period.

(8) A training program applicant or Authority approved training program may request a temporary waiver from a requirement in these rules. A request for a waiver must be:

(a) Submitted to the Authority in writing;

(b) Identify the specific rule for which a waiver is requested;

(d) Describe alternatives that were considered, if any, and why alternatives, including compliance, were not selected;

(e) Demonstrate that the proposed waiver is desirable to maintain or improve the training of NTHWs; and

(f) Indicate the proposed duration of the waiver, not to exceed one academic year.

(9) If the Authority determines that the applicant or program has satisfied the conditions of this rule, the Authority may grant a waiver.

(10) An applicant or an approved training program may not act on or implement a waiver until it has received written approval from the Authority.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0360

Denial, Suspension or Revocation of Training Program Approval

(1) The Authority may deny, suspend or revoke training program approval when an applicant or approved program has failed to comply with ORS 414.665 or these rules.

(2) If the Authority denies, suspends, or revokes approval it shall send written notice and explain the basis for its decision.

(3) An applicant or approved program may request that the Authority reconsider its decision and may request a meeting with Authority staff. The request for reconsideration and a meeting, if requested, must be in writing, and submitted within 20 days of the date the Authority mailed the written decision of denial, suspension or revocation. The request must contain a detailed statement with supporting documentation explaining why the requestor believes the Authority’s decision is in error. The Authority shall issue a written decision on reconsideration following review of the materials submitted by the applicant or approved program and a meeting with the applicant or training program, if applicable.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0370

Community Health Workers, Peer Wellness Specialists and Personal Health Navigators Certification Curriculum Standards

(1) All Authority approved core curricula used to train community health workers, peer wellness specialists and personal health navigators must:

(a) Include a minimum of 80 contact hours that covers all the core curriculum topics set forth in section (2) of this rule.

(b) Provide training that addresses all the major roles and core competencies of community health workers, peer wellness specialists and personal health navigators in Oregon as listed and defined in Oregon Health Policy Board’s Report “The Role of Non-Traditional Health Workers in Oregon’s Health Care System” incorporated by reference. (http://www.oregon.gov/oha/oei/docs/nthw-report-120106.pdf, January 2012)

(2) An Authority approved core curriculum shall consist of the following topics:

(a) Outreach Methods;

(b) Community Engagement, Outreach and Relationship Building;

(d) Empowerment Techniques;

(e) Knowledge of Community Resources;

(f) Cultural Competency and Cross Cultural Relationships, including bridging clinical and community cultures;

(g) Conflict Identification and Problem Solving;

(h) Social Determinants of Health;

(i) Conducting Individual Needs Assessments;

(j) Advocacy Skills;

(k) Building Partnerships with Local Agencies and Groups;

(l) The Role and Scope of Practice of Non-Traditional Health Workers;

(m) Roles and Expectations for Working in Multidisciplinary Teams;

(n) Ethical Responsibilities in a Multicultural Context;

(o) Legal Responsibilities;

(p) Data Collection and Types of Data;

(q) Crisis Identification, Intervention and Problem-Solving;

(r) Professional Conduct, including culturally-appropriate relationship boundaries and maintaining confidentiality;

(s) Navigating Public and Private Health and Human Service Systems, including state, regional, local;

(t) Working with Caregivers, Families, and Support Systems, including paid care workers;

(u) Introduction to Disease Processes including chronic diseases, mental health, and addictions (warning signs, basic symptoms, when to seek medical help);

(v) Trauma-Informed Care (screening and assessment, recovery from trauma, minimizing re-traumatization);

(w) Health Across the Life Span;

(x) Adult Learning Principles - Teaching and Coaching;

(y) Stages of Change;

(z) Health Promotion Best Practices;

(aa) Self-Care; and

(bb) Health Literacy Issues.

(3) In addition to the core curriculum, training programs for community health workers shall include the following topics:

(a) Self-Efficacy;

(b) Community Organizing;

(d) Conducting Community Needs Assessments;

(e) Popular Education Methods; and

(f) Motivational interviewing.

(4) In addition to the core curriculum, training programs for peer wellness specialists shall include the following topics:

(a) Self-Efficacy;

(b) Group Facilitation Skills;

(d) Recovery and Wellness Models; and

(e) Motivational interviewing.

(5) In addition to the core curriculum, training programs for personal health navigators shall include the topic of Wellness Within a Specific Disease.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0375

Doula Certification Curriculum Standards

(1) All Authority approved curricula used to train doulas must include a minimum of the following:

(a) 16 contact hours in Labor training;

(b) 4 contact hours in Breastfeeding training;

(d) 6 contact hours in Cultural Competency training.

(2) Authority approved doula training curricula must also incorporate the following components and students must:

(a) Be CPR-certified;

(b) Read five books from an Authority approved reading list;

(d) Create a resource list;

(e) Submit evaluations from work with three families;

(f) Attend at least three births and three post-partum home visits; and

(g) Have a valid food handler’s permit.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

333-002-0380

NTHW and Training Program Complaints and Investigations

(1) Any individual may make a complaint verbally or in writing to the Authority regarding an allegation as to the care or services provided by a certified or provisionally certified NTHW or that an approved training program has violated NTHW statutes or these rules.

(2) The identity of an individual making a complaint shall be kept confidential to the extent permitted by law but may be disclosed as necessary to conduct the investigation and may include but is not limited to disclosing the complainant’s identity to the NTHW’s employer.

(3) If a complaint involves an allegation of criminal conduct or that is within the jurisdiction of another local, state, or federal agency, the Authority shall refer the matter to the appropriate agency.

(4) The Authority shall investigate complaints and take any actions that are necessary for resolution. An investigation may include but is not limited to:

(a) Interviews of the complainant, program management or staff, and other students; or

(b) Interviews of the complainant, caregivers, clients, a client’s representative, a client’s family members, and witnesses, and employer management and staff;

(d) Review of documents and records.

Stat. Auth.: ORS 413.042, 414.635 & 414.665
Stats. Implemented: ORS 414.635 & 414.665
Hist.: PH 7-2013(Temp), f. & cert .ef. 2-4-13 thru 8-2-13

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