82R7358 NC-D
By: Rodriguez H.B. No. 1719
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of health care interpreters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 12, Health and Safety
Code, is amended by adding Section 12.0141 to read as follows:
Sec. 12.0141. HEALTH CARE FOREIGN LANGUAGE INTERPRETERS;
REGISTRY. (a) In this section:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Health care" means medical care, surgical care,
hospital care, or any remedial care provided to diagnose, prevent,
alleviate, or cure a human patient's injury or illness, including
mental health care.
(4) "Health care foreign language interpreter" means a
person who is trained to communicate with a patient who has limited
English proficiency by accurately conveying in English and the
language of the patient who has limited English proficiency the
meaning of health care-related statements made orally.
(5) "Health care practitioner" means an individual who
provides human patient health care services under a license,
certificate, or registration issued by this state.
(6) "Patient who has limited English proficiency"
means a patient who:
(A) because of the patient's place of birth or
culture, speaks a language other than English; and
(B) does not have a high enough level of health
literacy in the English language to communicate effectively with a
health care practitioner.
(b) The department shall establish and maintain a registry
of qualified health care foreign language interpreters.
(c) The department shall post the registry on the
department's Internet website and make the registry available to
the public.
(d) The executive commissioner by rule shall establish the
qualifications for a health care foreign language interpreter to be
listed in the registry. The qualifications must include training
in ethics and standards of practice for health care interpreting.
(e) Except in an emergency during which an interpreter is
not immediately available in person or by telecommunication, a
person may not act as a health care foreign language interpreter
unless the person is registered with the registry.
(f) In providing routine health care services to a patient
in need of an interpreter, a health care practitioner shall provide
a registered health care foreign language interpreter not
associated with the patient at no cost to the patient. The health
care facility staff shall inform the patient, in the patient's
preferred language, that a qualified interpreter will be provided
at no cost to the patient. In addition or as an alternative to the
registered interpreter, the patient may bring another person to
assist with communication.
(g) A health care practitioner may not:
(1) require a patient to provide a health care foreign
language interpreter as a condition of treatment; or
(2) use a family member, friend, or associate of a
patient as a health care foreign language interpreter for the
patient, except in an emergency during which an interpreter is not
immediately available in person or by telecommunication.
(h) The executive commissioner shall adopt rules as
necessary to implement this section. The executive commissioner by
rule may establish reasonable fees in amounts sufficient to cover
the costs of maintaining the registry.
SECTION 2. Chapter 81, Human Resources Code, is amended by
adding Section 81.0075 to read as follows:
Sec. 81.0075. HEALTH CARE SIGN LANGUAGE INTERPRETERS.
(a) In this section:
(1) "Department" means the Department of Assistive and
Rehabilitative Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Health care" means medical care, surgical care,
hospital care, or any remedial care provided to diagnose, prevent,
alleviate, or cure a human patient's injury or illness, including
mental health care.
(4) "Health care sign language interpreter" means a
person who is trained to communicate with a patient who is hearing
impaired by accurately conveying with sign language the meaning of
health care-related statements made orally.
(5) "Health care practitioner" means an individual who
provides human patient health care services under a license,
certificate, or registration issued by this state.
(b) The department shall include a category for qualified
health care sign language interpreters in the registry of
interpreters maintained by the department under Section 81.006.
(c) The department shall post the registry on the
department's Internet website and make the registry available to
the public.
(d) The executive commissioner by rule shall establish the
qualifications for a health care sign language interpreter to be
listed in the registry. The qualifications must include training
in ethics and standards of practice for health care sign language
interpreting.
(e) Except in an emergency during which an interpreter is
not immediately available in person or by visual telecommunication,
a person may not act as a health care sign language interpreter
unless the person is registered as a health care sign language
interpreter with the department's registry.
(f) In providing routine health care services to a patient
in need of an interpreter, a health care practitioner shall provide
a registered health care sign language interpreter not associated
with the patient at no cost to the patient. The health care
facility staff shall inform the patient, in the patient's preferred
language, that a qualified interpreter will be provided at no cost
to the patient. In addition or as an alternative to the registered
interpreter, the patient may bring another person to assist with
communication.
(g) A health care practitioner may not:
(1) require a patient to provide a health care sign
language interpreter as a condition of treatment; or
(2) use a family member, friend, or associate of a
patient as a health care sign language interpreter for the patient,
except in an emergency during which an interpreter is not
immediately available in person or by visual telecommunication.
(h) The executive commissioner shall adopt rules as
necessary to implement this section. The executive commissioner by
rule may establish reasonable fees in amounts sufficient to cover
the costs of maintaining the registry with respect to health care
sign language interpreters.
SECTION 3. The executive commissioner of the Health and
Human Services Commission shall adopt rules as necessary to
implement Section 12.0141, Health and Safety Code, and Section
81.0075, Human Resources Code, as added by this Act, not later than
January 1, 2012.
SECTION 4. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2011.
(b) Section 12.0141, Health and Safety Code, and Section
81.0075, Human Resources Code, as added by this Act, take effect
September 1, 2012.