Or. Admin. Code § 950-030-0040 - Language and Communication Needs Demographic Data Collection Standards
(1) A requestor is only required to ask a
child under the age of five or an adult answering on behalf of a child under
the age of five to answer the questions in section (2) of this rule when the
requestor needs to communicate directly with the child.
(2) If a requestor or other person has a need
for ongoing communication with the individual or the individual's caregiver,
the following questions about language and communication needs must be asked:
(a) "Do you only use English at home?"
Response options:
(A) Yes.
(B) No.
(b) "Do you need or want any of the following
for us to communicate with you?" Response options:
(A) Yes - Assistive Listening Device such as
an FM or Loop. Specify: (with open text box).
(B) Yes - CART/Captioning.
(C) No.
(c) If the response to the question in
subsection (2)(a) of this rule is no, a requestor must ask the following
questions:
(A) "What language(s) do you use at
home?"
(B) "In what language do you
want us to communicate with you?"
(C) "In what language do you want us to write
to you?"
(D) "Do you need or want
an interpreter?" Response options:
(i)
Yes.
(ii) No.
(E) If the response to the question in
subsection (2)(c)(D) above is yes, a requestor must ask, "If yes, select all
that apply." Response options:
(i) Spoken
language interpreter.
(ii) Sign
Language:
(I) American Sign
Language.
(II) Mexican Sign
Language.
(III) Tactile/Pro-Tactile
Sign Language.
(IV) Certified Deaf
Interpreter for DeafBlind, additional barriers, or both.
(V) Contact sign language (PSE).
(VI) Another sign language not listed.
Specify: (with open text box).
(F) "How well do you speak English?" Response
options:
(i) Very well.
(ii) Well.
(iii) Not well.
(iv) Not at all
(3) If a requestor is
collecting information in accordance with this rule but there is no intent or
need for ongoing communication between the requestor or others who may need to
communicate with the individual or the individual's caregiver, then the
following questions about language and communication needs must be asked:"Do
you only use English at home?"
(a) Response
options:
(A) Yes.
(B) No.
(b) "Do you typically need or want any of the
following to help with communications on important matters such as medical,
legal, or health information?" Response options:
(A) Yes - Assistive Listening Device such as
an FM or Loop. Specify: (with open text box).
(B) Yes - CART/Captioning.
(C) No.
(c) If the response to the question in
subsection (3)(a) of this rule is no, the requestor must ask the following
questions:
(A) "What language(s) do you use at
home?"
(B) "What language would you
prefer to use when communicating with someone outside the home about important
matters such as medical, legal, or health information?"
(C) "What language would you prefer to use to
read important written information such as medical, legal, or health
information?"
(D) "How well do you
speak English?" Response options:
(i) Very
well.
(ii) Well.
(iii) Not well.
(iv) Not at all.
(4) If in response to
the questions in subsections (2)(c)(A) or (3)(b)(A) of this rule an
individual's answer includes a language other than English but the language is
sign language, the requestor does not need to ask the questions in subsections
(2)(c)(F) or (3)(c)(D) of this rule.
(5) Requestors who are collecting language
data electronically using the ISO 639-3 standard and who are able to use
auto-completion or smart filtering capabilities must use the full ISO code list
provided by OHA, which includes relevant local codes.
(6) Requestors who are collecting language
data electronically using the ISO 639-3 standard and who are not able to use
auto-completion or smart filtering capabilities must use the abridged ISO code
list provided by OHA.
(7) If a
requestor uses technology that limits their ability to implement section (6) of
this rule, a requestor must contact the Oregon Health Authority REALD and SOGI
Governance Committee to receive guidance on acceptable
alternative(s).
Notes
Statutory/Other Authority: ORS 413.161 & ORS 413.042
Statutes/Other Implemented: ORS 413.161
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