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