H.B. No. 233
AN ACT
relating to the creation of an advisory committee to establish and
recommend qualifications for certain health care translators and
interpreters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. ADVISORY COMMITTEE ON QUALIFICATIONS FOR
HEALTH CARE TRANSLATORS AND INTERPRETERS
Sec. 531.701. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the Advisory Committee
on Qualifications for Health Care Translators and Interpreters.
(2) "Health care" means medical care, surgical care,
hospital care, or any remedial care provided to diagnose, prevent,
alleviate, or cure a patient's injury or illness, including mental
health care.
(3) "Health care interpreter" means a person who is
trained to communicate with a person who has limited English
proficiency or who is deaf or hard of hearing by accurately
conveying in English and the language of the person who has limited
English proficiency or who is deaf or hard of hearing the meaning of
health care related statements made orally.
(4) "Health care practitioner" means an individual who
furnishes patient health care services under a license,
certificate, or registration issued by this state.
(5) "Health care translator" means a person who is
trained to communicate in writing with a person with limited
English proficiency by accurately translating into English and the
language of the person who has limited English proficiency written
health care related statements.
(6) "Person who has limited English proficiency" means
a person who:
(A) because of the person's place of birth or
culture, speaks a language other than English; and
(B) does not speak English adequately to
communicate effectively with a health care practitioner.
Sec. 531.702. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this subchapter or a rule adopted by the
executive commissioner, the advisory committee is subject to
Chapter 2110.
Sec. 531.703. APPLICATION OF SUNSET ACT. The Advisory
Committee on Qualifications for Health Care Translators and
Interpreters is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by this subchapter, the
committee is abolished and this subchapter expires January 1, 2021.
Sec. 531.704. ESTABLISHMENT. The executive commissioner
shall establish the Advisory Committee on Qualifications for Health
Care Translators and Interpreters.
Sec. 531.705. MEMBERS. (a) The advisory committee is
composed of not fewer than 10 members appointed by the executive
commissioner as provided by this section.
(b) The advisory committee must include:
(1) one member who is a representative of a
professional translators and interpreters association;
(2) one member who is a health care interpreter
working with people who have limited English proficiency;
(3) one member who is a health care interpreter
working with people who are deaf or hard of hearing;
(4) one member who is a representative of a mental
health services provider;
(5) one member who is a representative of a hospital;
(6) one member who represents the insurance industry;
(7) one member who represents a business entity that
provides translators and interpreters to health care
practitioners;
(8) one member who represents an organization that
provides services to immigrants and refugees; and
(9) one member who is a representative of an
institution of higher education.
(c) The remaining members of the advisory committee must
include at least one health care practitioner and additional
members, as determined by the executive commissioner, who represent
the interests of consumers.
Sec. 531.706. DUTIES. (a) The advisory committee shall
establish and recommend qualifications for health care
interpreters and health care translators that include:
(1) for a person to be qualified as a health care
translator, requiring the person to:
(A) fluently understand a written foreign
language and demonstrate the ability to accurately translate
messages communicated in that language into English and to
accurately translate messages communicated in English into that
language; and
(B) have practical experience as a translator or
hold professional certification as a translator; and
(2) for a person to be qualified as a health care
interpreter, requiring the person to:
(A) fluently understand a spoken foreign
language and demonstrate the ability to accurately interpret
messages communicated in that language into English and to
interpret messages communicated in English into that language; and
(B) have practical experience as an interpreter
or hold professional certification or licensure as an interpreter.
(b) The advisory committee shall advise the commission on:
(1) the language proficiency required for
certification as a health care interpreter or health care
translator;
(2) training requirements for health care
interpreters and health care translators;
(3) standards of practice for health care interpreters
and health care translators;
(4) the requirements, content, and administration of
certification examinations for health care interpreters and health
care translators;
(5) the procedures for testing, qualifying, and
certifying health care interpreters and health care translators;
and
(6) reciprocity agreements with other states.
(c) The advisory committee shall:
(1) develop strategies for implementing the
regulation of health care interpreters and health care translators;
(2) make recommendations to the commission for any
legislation necessary to establish and enforce qualifications for
health care interpreters and health care translators or for the
adoption of rules by state agencies regulating health care
practitioners, hospitals, physician offices, and health care
facilities that hire health care interpreters or health care
translators; and
(3) perform other activities assigned by the
commission related to health care interpreters or health care
translators.
Sec. 531.707. COMPENSATION; REIMBURSEMENT. A member of the
advisory committee may not receive compensation, but is entitled to
reimbursement of the travel expenses incurred by the member while
conducting the business of the advisory committee, as provided by
the General Appropriations Act.
SECTION 2. Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
establish the Advisory Committee on Qualifications for Health Care
Translators and Interpreters as required by Subchapter R, Chapter
531, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 233 was passed by the House on May 7,
2009, by the following vote: Yeas 95, Nays 48, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 233 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor