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