BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 1376
                                                                Page  1

        (  Without Reference to File  )

        CONCURRENCE IN SENATE AMENDMENTS
        AB 1376 (Roger Hernández)
        As Amended  September 6, 2013
        2/3 vote
         
         
         ---------------------------------------------------------------------- 
        |ASSEMBLY: |     |(May 16, 2013)  |SENATE: |31-1 |(September 12, 2013) |
         ---------------------------------------------------------------------- 
                  (vote not relevant)


         ------------------------------------------------------------------------ 
        |COMMITTEE VOTE:  |9-0  |(September 12,      |RECOMMENDATION: |concur    |
        |(INS.)           |     |2013)               |                |          |
         ------------------------------------------------------------------------ 

        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  








                                                                AB 1376
                                                                Page  2

        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.

         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: 0002863