1. (a) Individuals who provide sign language interpreter services shall possess the ability to communicate effectively, accurately and impartially both receptively and expressively in a health care setting, and either;

   1. (1) Hold a current certification by one of the following:

      1. (A) The National Registry of Interpreters for the Deaf (RID);
      2. (B) The National Association of the Deaf (NAD)/California Association of the Deaf (CAD) at a competency Level IV or V only; or
      3. (C) The California Department of Rehabilitation at a competency Level III and possess a certificate from RID, NAD/CAD at a competency Level IV or V only; or
   2. (2) Be non-certified.

2. (b) An individual who provides sign language interpreter services shall not be related to the beneficiary by heredity or by marriage, or live in the same household.

   1. (2) In an emergency or acute care situation or in the event the Medi-Cal enrolled provider determines that the interpreter selected by the beneficiary does not communicate effectively, accurately or impartially, and may adversely affect the health and well-being of the beneficiary due to inaccurate interpretation of a diagnosis or a misunderstanding of medical advice or instruction, the Medi-Cal enrolled provider is required to select a different interpreter. Whenever a Medi-Cal enrolled provider acts pursuant to this paragraph, he or she shall provide a written statement of reasons for the action. The Medi-Cal enrolled provider shall maintain this statement in the medical record of the beneficiary and make it available to the State upon request pursuant to Section 51476(g).

   (c)(1) A beneficiary may select an individual to provide sign language interpreter services, except those persons excluded in (b).

Note: Authority cited: Section 20, Health and Safety Code; and Sections 10725 and 14105, Welfare and Institutions Code. Reference: Section 54.1, Civil Code; Section 14000, Welfare and Institutions Code; 42 USC Sections 12101 et seq.; 28 CFR Section 36.303; and 45 CFR Section 84.22(c).

History

1. New section filed 8-21-2000 as an emergency; operative 8-21-2000 (Register 2000, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-2000 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 8-21-2000 order transmitted to OAL 12-19-2000 and filed 2-2-2001 (Register 2001, No. 5).

3. Amendment of subsection (a), redesignation of former subsection (c) as new subsection (c)(1), new subsection (c)(2) and amendment of Note filed 8-7-2008; operative 9-6-2008 (Register 2008, No. 32).