Requirement for interpretation service company to use health care interpreters from registry; exceptions

(1) An interpretation service company operating in this state: (a) Except as provided in paragraph (b) of this subsection, may not arrange for a health care interpreter to provide interpretation services in health care settings if the health care interpreter is not listed on the health care interpreter registry described in ORS 413.558. (b) May arrange for a health care interpreter who is not listed on the health care interpreter registry to provide interpretation services in health care settings only if: (A) A health care provider represents to the interpretation service company that the health care provider: (i) Has taken appropriate steps necessary to arrange for a health care interpreter from the health care interpreter registry in the manner prescribed by rule under ORS 413.559; and (ii) Was unable to arrange for a health care interpreter from the health care interpreter registry; and (B) The interpretation service company does not employ a health care interpreter listed on the health care interpreter registry who is available to provide interpretation services to the health care provider. (c) May not represent to a health care provider that a contracted or employed health care interpreter referred by the company is a certified health care interpreter unless the interpreter has met the requirements for certification under ORS 413.558 and has been issued a valid certification by the authority. (d) May not require or suggest to a health care interpreter that the health care interpreter procure the health care interpreter’s own personal protective equipment as a condition of receiving a referral. (2) An interpretation service company shall maintain records of each encounter in which the company refers to a health care provider worked with a health care interpreter from the health care interpreter registry or a health care interpreter who is not on the registry. The records must include: (a) The name of the health care interpreter; and (b) The health care interpreter’s registry number, if applicable.