BILL NUMBER: SB 442	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2011

INTRODUCED BY   Senator Calderon

                        FEBRUARY 16, 2011

   An act to amend Section 1259 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 442, as amended, Calderon. Hospitals: interpreters.
   Existing law establishes the State Department of Public Health and
sets forth its powers and duties, including, but not limited to, the
licensing and certification of health facilities, including, but not
limited to, general acute care hospitals.
   Existing law requires general acute care hospitals to, among other
things, adopt and annually review its policy and procedures for
providing assistance to patients with language or communication
barriers to ensure access to health care information and services for
limited-English-speaking or non-English-speaking residents and deaf
residents. Existing law requires that the procedures ensure, to the
extent possible, as determined by the hospital, that interpreters are
available, either on the premises or accessible by telephone, 24
hours per day.
   This bill would, in addition, require  a general acute
care hospital to annually determine the 3 predominant
non-English-speaking populations that it serves, assess the language
assistance needs of those populations, and make available to serve
those populations on the premises of the health facility 24 hours per
day, at least one person who is qualified as an interpreter in each
of those 3 languages   the policy to include procedures
for discussing with the patient any cultural, religious, or spiritual
beliefs or practices of the patient that may influence care, and
that the procedures be designed to increase hospital staff ability to
understand and respond effectively to the cultural needs of patients
 . 
   Existing law requires hospitals to notify their employees of the
hospital's commitment to provide interpreters to all patients who
request them.  
   This bill would, in addition, require the hospital to notify
employees of the hospital's commitment that the interpreter
communicate information about the unique needs of the patient to the
health care team. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1259 of the Health and Safety Code is amended
to read:
   1259.  (a)  The Legislature finds and declares that California is
becoming a land of people whose languages and cultures give the state
a global quality. The Legislature further finds and declares that
access to basic health care services is the right of every resident
of the state, and that access to information regarding basic health
care services is an essential element of that right.
   Therefore, it is the intent of the Legislature that where language
or communication barriers exist between patients and the staff of
any general acute care hospital, arrangements shall be made for
interpreters or bilingual professional staff to ensure adequate and
speedy communication between patients and staff.
   (b)  As used in this section:
   (1)  "Interpreter" means a person fluent in English and in the
necessary second language, who can accurately speak, read, and
readily interpret the necessary second language, or a person who can
accurately sign and read sign language. Interpreters shall have the
ability to translate the names of body parts and to describe
competently symptoms and injuries in both languages. Interpreters may
include members of the medical or professional staff.
   (2)  "Language or communication barriers" means:
   (A)  With respect to spoken language, barriers which are
experienced by individuals who are limited-English-speaking or
non-English-speaking individuals who speak the same primary language
and who comprise at least 5 percent of the population of the
geographical area served by the hospital or of the actual patient
population of the hospital. In cases of dispute, the state department
shall determine, based on objective data, whether the 5 percent
population standard applies to a given hospital.
   (B)  With respect to sign language, barriers which are experienced
by individuals who are deaf and whose primary language is sign
language.
   (c)  To ensure access to health care information and services for
limited-English-speaking or non-English-speaking residents and deaf
residents, licensed general acute care hospitals shall:
   (1)  Review existing policies regarding interpreters for patients
with limited-English proficiency and for patients who are deaf,
including the availability of staff to act as interpreters.
   (2)  Adopt and review annually a policy for providing language
assistance services to patients with language or communication
barriers. The policy shall include procedures for providing, to the
extent possible, as determined by the hospital, the use of an
interpreter whenever a language or communication barrier exists,
except where the patient, after being informed of the availability of
the interpreter service, chooses to use a family member or friend
who volunteers to interpret.  The policy shall also include
procedures for discussing with the patient any cultural, religious,
or spiritual beliefs or practices of the patient that may influence
care.  The procedures shall be designed to  increase
hospital staff ability to understand and respond effectively to the
  cultural needs of patients,  maximize efficient use
of interpreters  ,  and minimize delays in providing
interpreters to patients. The procedures shall ensure, to the extent
possible, as determined by the hospital, that interpreters are
available, either on the premises or accessible by telephone, 24
hours per day. The hospital shall annually transmit to the state
department a copy of the updated policy and shall include a
description of its efforts to ensure  adequate  
effective  and speedy communication between patients with
language or communication barriers and staff. 
   (3) Annually determine the three predominant non-English speaking
populations that it serves, assess the language assistance needs of
those populations, and make available to serve those populations on
the premises of the health facility, 24 hours per day, at least one
person who is qualified as an interpreter in each of those three
languages.  
   (4) 
    (3)  Develop, and post in conspicuous locations, notices
that advise patients and their families of the availability of
interpreters, the procedure for obtaining an interpreter and the
telephone numbers where complaints may be filed concerning
interpreter service problems, including, but not limited to, a T.D.D.
number for the hearing impaired. The notices shall be posted, at a
minimum, in the emergency room, the admitting area, the entrance, and
in outpatient areas. Notices shall inform patients that interpreter
services are available upon request, shall list the languages for
which interpreter services are available, shall instruct patients to
direct complaints regarding interpreter services to the state
department, and shall provide the local address and telephone number
of the state department, including, but not limited to, a T.D.D.
number for the hearing impaired.
   (5) Identify and record a patient's primary language and dialect
on one or more of the following: patient medical chart, hospital
bracelet, bedside notice, or nursing card. 
   (6) 
    (5)  Prepare and maintain as needed a list of
interpreters who have been identified as proficient in sign language
and in the languages of the population of the geographical area
serviced who have the ability to translate the names of body parts,
injuries, and symptoms. 
   (7) 
    (6)  Notify employees of the hospital's commitment to
provide interpreters to all patients who request them  and that
the interpreter communicate information about the unique needs of the
patient to the health care team  . 
   (8) 
    (7)  Review all standardized written forms, waivers,
documents, and informational materials available to patients upon
admission to determine which to translate into languages other than
English. 
   (9) 
    (8)  Consider providing its nonbilingual staff with
standardized picture and phrase sheets for use in routine
communications with patients who have language or communication
barriers. 
   (10) 
    (9)  Consider developing community liaison groups to
enable the hospital and the limited-English-speaking and deaf
communities to ensure the adequacy of the interpreter services.
   (d)  Noncompliance with this section shall be reportable to
licensing authorities.
   (e)  Section 1290 shall not apply to this section.