Texas 2009 - 81st Regular

Texas House Bill HB233 Compare Versions

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Old	New	Differences
1	1	H.B. No. 233
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of an advisory committee to establish and
6	6	recommend qualifications for certain health care translators and
7	7	interpreters.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 531, Government Code, is amended by
10	10	adding Subchapter R to read as follows:
11	11	SUBCHAPTER R. ADVISORY COMMITTEE ON QUALIFICATIONS FOR
12	12	HEALTH CARE TRANSLATORS AND INTERPRETERS
13	13	Sec. 531.701. DEFINITIONS. In this subchapter:
14	14	(1) "Advisory committee" means the Advisory Committee
15	15	on Qualifications for Health Care Translators and Interpreters.
16	16	(2) "Health care" means medical care, surgical care,
17	17	hospital care, or any remedial care provided to diagnose, prevent,
18	18	alleviate, or cure a patient's injury or illness, including mental
19	19	health care.
20	20	(3) "Health care interpreter" means a person who is
21	21	trained to communicate with a person who has limited English
22	22	proficiency or who is deaf or hard of hearing by accurately
23	23	conveying in English and the language of the person who has limited
24	24	English proficiency or who is deaf or hard of hearing the meaning of
25	25	health care related statements made orally.
26	26	(4) "Health care practitioner" means an individual who
27	27	furnishes patient health care services under a license,
28	28	certificate, or registration issued by this state.
29	29	(5) "Health care translator" means a person who is
30	30	trained to communicate in writing with a person with limited
31	31	English proficiency by accurately translating into English and the
32	32	language of the person who has limited English proficiency written
33	33	health care related statements.
34	34	(6) "Person who has limited English proficiency" means
35	35	a person who:
36	36	(A) because of the person's place of birth or
37	37	culture, speaks a language other than English; and
38	38	(B) does not speak English adequately to
39	39	communicate effectively with a health care practitioner.
40	40	Sec. 531.702. APPLICABILITY OF OTHER LAW. Except as
41	41	otherwise provided by this subchapter or a rule adopted by the
42	42	executive commissioner, the advisory committee is subject to
43	43	Chapter 2110.
44	44	Sec. 531.703. APPLICATION OF SUNSET ACT. The Advisory
45	45	Committee on Qualifications for Health Care Translators and
46	46	Interpreters is subject to Chapter 325 (Texas Sunset Act). Unless
47	47	continued in existence as provided by this subchapter, the
48	48	committee is abolished and this subchapter expires January 1, 2021.
49	49	Sec. 531.704. ESTABLISHMENT. The executive commissioner
50	50	shall establish the Advisory Committee on Qualifications for Health
51	51	Care Translators and Interpreters.
52	52	Sec. 531.705. MEMBERS. (a) The advisory committee is
53	53	composed of not fewer than 10 members appointed by the executive
54	54	commissioner as provided by this section.
55	55	(b) The advisory committee must include:
56	56	(1) one member who is a representative of a
57	57	professional translators and interpreters association;
58	58	(2) one member who is a health care interpreter
59	59	working with people who have limited English proficiency;
60	60	(3) one member who is a health care interpreter
61	61	working with people who are deaf or hard of hearing;
62	62	(4) one member who is a representative of a mental
63	63	health services provider;
64	64	(5) one member who is a representative of a hospital;
65	65	(6) one member who represents the insurance industry;
66	66	(7) one member who represents a business entity that
67	67	provides translators and interpreters to health care
68	68	practitioners;
69	69	(8) one member who represents an organization that
70	70	provides services to immigrants and refugees; and
71	71	(9) one member who is a representative of an
72	72	institution of higher education.
73	73	(c) The remaining members of the advisory committee must
74	74	include at least one health care practitioner and additional
75	75	members, as determined by the executive commissioner, who represent
76	76	the interests of consumers.
77	77	Sec. 531.706. DUTIES. (a) The advisory committee shall
78	78	establish and recommend qualifications for health care
79	79	interpreters and health care translators that include:
80	80	(1) for a person to be qualified as a health care
81	81	translator, requiring the person to:
82	82	(A) fluently understand a written foreign
83	83	language and demonstrate the ability to accurately translate
84	84	messages communicated in that language into English and to
85	85	accurately translate messages communicated in English into that
86	86	language; and
87	87	(B) have practical experience as a translator or
88	88	hold professional certification as a translator; and
89	89	(2) for a person to be qualified as a health care
90	90	interpreter, requiring the person to:
91	91	(A) fluently understand a spoken foreign
92	92	language and demonstrate the ability to accurately interpret
93	93	messages communicated in that language into English and to
94	94	interpret messages communicated in English into that language; and
95	95	(B) have practical experience as an interpreter
96	96	or hold professional certification or licensure as an interpreter.
97	97	(b) The advisory committee shall advise the commission on:
98	98	(1) the language proficiency required for
99	99	certification as a health care interpreter or health care
100	100	translator;
101	101	(2) training requirements for health care
102	102	interpreters and health care translators;
103	103	(3) standards of practice for health care interpreters
104	104	and health care translators;
105	105	(4) the requirements, content, and administration of
106	106	certification examinations for health care interpreters and health
107	107	care translators;
108	108	(5) the procedures for testing, qualifying, and
109	109	certifying health care interpreters and health care translators;
110	110	and
111	111	(6) reciprocity agreements with other states.
112	112	(c) The advisory committee shall:
113	113	(1) develop strategies for implementing the
114	114	regulation of health care interpreters and health care translators;
115	115	(2) make recommendations to the commission for any
116	116	legislation necessary to establish and enforce qualifications for
117	117	health care interpreters and health care translators or for the
118	118	adoption of rules by state agencies regulating health care
119	119	practitioners, hospitals, physician offices, and health care
120	120	facilities that hire health care interpreters or health care
121	121	translators; and
122	122	(3) perform other activities assigned by the
123	123	commission related to health care interpreters or health care
124	124	translators.
125	125	Sec. 531.707. COMPENSATION; REIMBURSEMENT. A member of the
126	126	advisory committee may not receive compensation, but is entitled to
127	127	reimbursement of the travel expenses incurred by the member while
128	128	conducting the business of the advisory committee, as provided by
129	129	the General Appropriations Act.
130	130	SECTION 2. Not later than January 1, 2010, the executive
131	131	commissioner of the Health and Human Services Commission shall
132	132	establish the Advisory Committee on Qualifications for Health Care
133	133	Translators and Interpreters as required by Subchapter R, Chapter
134	134	531, Government Code, as added by this Act.
135	135	SECTION 3. This Act takes effect September 1, 2009.
136	136	______________________________ ______________________________
137	137	President of the Senate Speaker of the House
138	138	I certify that H.B. No. 233 was passed by the House on May 7,
139	139	2009, by the following vote: Yeas 95, Nays 48, 1 present, not
140	140	voting.
141	141	______________________________
142	142	Chief Clerk of the House
143	143	I certify that H.B. No. 233 was passed by the Senate on May
144	144	27, 2009, by the following vote: Yeas 31, Nays 0.
145	145	______________________________
146	146	Secretary of the Senate
147	147	APPROVED: _____________________
148	148	Date
149	149	_____________________
150	150	Governor