BILL ANALYSIS Ó
AB 1376
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1376 (Roger Hernández)
As Amended September 6, 2012
2/3 vote. Urgency
-----------------------------------------------------------------
|ASSEMBLY: | |(May 16, 2013) |SENATE: |31-1 |(September 12, |
| | | | | |2013) |
-----------------------------------------------------------------
(vote not relevant)
Original Committee Reference: JUD .
SUMMARY : Delays until March 1, 2014, a regulation adopted by
the Division of Workers' Compensation (DWC) that requires
medical interpreters in the workers' compensation system to be
certified.
The Senate amendments :
1)Delete the prior content of the bill.
2)Delay until March 1, 2014, regulations adopted by the DWC to
implement a provision of SB 863 (De León), Chapter 363,
Statutes 2012, that require medical interpreters in the
workers' compensation system to be certified and specify how
these interpreters can become certified.
3)Provide that the bill is an urgency measure, to take effect
immediately upon enactment.
EXISTING LAW : Provides that, upon adoption of regulations by
the DWC, medical interpreters in the workers' compensation
system must be certified. An Emergency Regulation on this issue
was adopted on December 19, 2012, and a modified version of the
regulation was adopted as a permanent regulation, effective
August 13, 2013.
AS PASSED BY THE ASSEMBLY , this bill addressed the rules
governing interpreters for use by all state agencies.
FISCAL EFFECT : This version of the bill was not referred to a
fiscal committee, however, the DWC indicates that it would not
result in increased costs.
AB 1376
Page 2
Comments :
1)Purpose : According to proponents, Voters Injured At Work
(VIAW), the regulation adopted by the DWC was not able to
include a delayed implementation date that would allow
interpreters adequate time to comply with the specific
certification requirements allowed by the regulation. As a
result, VIAW fears that an insufficient number of certified
interpreters will lead to delays in obtaining medical
treatment for injured workers who require an interpreter to
effectively communicate with their physician.
2)Current regulation : The regulation that is currently in
place, which would be delayed upon this measure being signed
by the Governor, provides for three pathways for an
interpreter to become certified. First, an interpreter who is
on the existing State Personnel Board (SPB) list is
automatically certified - however, the SPB has not updated its
list in several years, and it is not "open" for new applicants
at this time. An interpreter can also seek certification by
passing either the Certification Commission for Healthcare
Interpreters (CCHI) exam, or the National Board of
Certification for Medical Interpreters (National Board) exams.
Representatives of interpreters indicate that it can take up
to six months to navigate these certification processes. The
bill provides approximately six and a half months from the
effective date of the regulation for uncertified interpreters
to obtain the necessary certification.
Analysis Prepared by :Mark Rakich / INS. / (916) 319-2086
FN: 0002756