CHAPTER 23-17.20
INTERPERTER SERVICES

23-17.20-1. Definitions. -- For the purposes of this chapter:

(a) "Clinician" means a physician licensed under title 5 chapter 37, and a nurse licensed under title 5 chapter 34, a psychologist licensed under title 5 chapter 44, a social worker licensed under title 5 chapter 39.1, a physical therapist licensed under title 5 chapter 40;

(b) "Hospital" means a person or governmental entity licensed in accordance with chapter 23-17 of this title to establish maintain and operate a hospital;

(c) A "non-English speaker" means a person who cannot speak or understand, or has difficulty in speaking or understanding, the English language, because he uses only or primarily a spoken language other than English;

(d) A "qualified interpreter" is a person who through experience and training is able to translate a particular foreign language into English but who does not have a state certification pursuant to this chapter;

(e) A "state certified interpreter" is one who has been certified pursuant to the provision of this chapter.

Every hospital shall, as condition of initial or continued licensure, provide a state certified interpreter, if an appropriate bilingual clinician is not available to translate, in connection with all services provided to every non-English speaker who is a patient or seeks appropriate care and treatment.

The hospital may use a qualified interpreter in place of a state certified interpreter when: a good faith effort has been made to obtain the services of a state certified interpreter and one is not available; or

The hospital reasonably believes that the qualified interpreter has adequate language skills, knowledge of interpreting techniques, and familiarity with medical terminology.

The receipt by any non-English speaker of interpreter services shall not be deemed the receipt of a public benefit under any provisions of law restricting benefits or assistance on the basis of immigrant status.

The particular languages for which a hospital must provide interpreters;

The hours during which the interpreters must be made available.

Where there is no way reasonably to anticipate the need as to a particular language, the hospital shall arrange in advance for the ready availability of competent telephonic or televiewing interpreter services.

The department of health shall promulgate regulations as to appropriate signage and notice of the availability of interpreter services.

(a) Developing testing procedures for proficiency in the foreign language for which the interpreter is seeking certification;

(b) Developing testing procedures for proficiency in the English language;

(c) Developing testing procedures for knowledge of medical terminolgies;

(d) Developing standards for the approval of courses and/or curricula at colleges and universities and other institutes of higher learning who wish to offer courses in foreign language interpreting;

(e) Establishing minimum competency requirements for state certification as a foreign language interpreter;

(f) Establishing re-certification procedures and continuing educational requirements for state certified interpreters;

(g) Establishing procedures for the termination, cancellation or suspension of certificates issued to foreign language interpreters under this chapter;

(h) Establishing a code of ethics for foreign language interpreters;

(i) Establishing procedures for the granting of waivers for foreign language interpreters who have been certified in other states;

(j) Establishing a procedure for the compilation and maintenance of statistics on the frequency and use of foreign language interpreters appointed under this chapter; and

(k) Establishing a procedure for the creation of a list of the names and addresses of all state certified interpreters and qualified interpreters and making said list available to hospitals.

The department of health shall adopt rules, including measurable standards, as may be necessary to accomplish the purpose of this chapter.

On an annual basis the department of health shall review each licensed hospital's level of performance in providing interpreter services. The director shall consider the availability of interpreters on-site, the notice given to patients that interpreters are available, and the number of languages in which interpreter services are available.

Each licensed hospital shall provide on or before March 1^st of which calendar year a report in a form acceptable to the director, a detailing with supporting documentation, evidence of compliance with this section including, but not limited to, evidence of the notice given to patients, number of patients requesting interpreter services, languages in which services are requested.

The director shall assign the Minority Health Advisory Committee monthly to advise the department of health on problems and concerns with the provision of interpreter services.

The department of health, upon a failure to comply with the requirements of this chapter by any hospital may, after notice and opportunity for a prompt and fair hearing, deny, suspend or revoke a license, or; impose fines of one thousand dollars ($1,000) for failure to comply on those hospitals which do not comply.

The director of the department of health shall forward reports of any hospital's failure to comply to the United States Office of Civil Rights within thirty (30) days of receipt.

23-17.20-6. Severability. - If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the reminder of the chapter or the application of the provision to other persons or circumstances shall not be affected thereby.