No. 42228 (Amendment): Rule R156-80a. Medical Language Interpreter Act Rule

(Amendment)

DAR File No.: 42228
Filed: 10/16/2017 04:04:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing makes changes in accordance with S.B. 74, passed during the 2017 General Session, which amended the Medical Language Interpreter Practice Act as follows: 1) expanded the exams and languages that the Division of Occupational and Professional Licensing (Division) may accept for licensing a certified medical interpreter; 2) established two tiers of certification for those who choose to obtain state certification; and 3) established a three-year renewal cycle for certification.

Summary of the rule or change:

In Section R156-80a-303, these proposed amendments clarify and further define the requirements for the tier 1 and tier 2 certifications, as follows: first, these amendments clarify that the written and oral exams for tier 1 and tier 2 certification must be administered or recognized by one of the two national certification organizations, as defined in Subsection 58-80a-102(4). These are either the National Board of Certification for Medical Interpreters (NBCMI), or the Certification Commission for Healthcare Interpreters (CCHI). Second, in accordance with the requirements of S.B. 74 (2017), these amendments require an applicant to apply for a tier 1 certification if the language for which they will provide medical interpreting is Arabic, Cantonese, Korean, Russian, Mandarin, Spanish, or Vietnamese. The reason for this clarification is that oral and written examinations which satisfy the requirements of Subsection 58-80a-303(1)(b), are currently available from one or both of the two national certification organizations for these seven common languages. Third, these amendments carry out the mandate of Subsection 58-80a-303(2) as enacted by S.B. 74 (2017), by requiring an applicant for tier 2 certification to: 1) attest that the language for which they are seeking certification does not have an oral examination available under Subsection 58-80a-303(1)(b); and 2) agree that if an oral examination does become available, the applicant must pass that exam and apply for tier 1 certification within six months of the exam's availability or by the end of that licensing period, whichever is later. In Section R156-80a-304, as mandated by S.B. 74 (2017), this amendment establishes a three-year licensing/renewal period for certification.

Statutory or constitutional authorization for this rule:

• Section 58-80a-101
• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The cost of the rule amendments was included in the Legislative Fiscal Analysis for S.B. 74 (2017). The fiscal impact to the Division was estimated in the fiscal note as a net loss of $400 in year-end transfers to the General Fund from the Commerce Service Fund. The loss is based on changing the medical language interpreter certificates from a two-year renewal to a three-year renewal. A copy of the fiscal analysis is available from the Utah State Legislature's website at https://le.utah.gov/~2017/bills/static/SB0074.html.

local governments:

In Section R156-80a-303, these proposed amendments merely clarify or further define the requirements enacted by S.B. 74 (2017); accordingly, the Division estimates that they will not result in any fiscal impact to local governments over and above the impact from the underlying legislation. As a result of the expansion and standards mandated by S.B. 74 (2017) and implemented by these proposed amendments, there may be some indirect savings to local governments employing medical language interpreters, or providing services to individuals benefitting from medical language interpreter services, due to improved patient outcomes. However, this indirect savings cannot be measured because it will vary depending on circumstances. In Section R156-80a-304, the Division estimates that these proposed amendments will not result in any fiscal impact to local governments over and above the impact from the underlying legislation. As mandated by H.B. 74 (2017), these amendments establish a three-year renewal for certification. This may result in some savings to local governments that choose to pay licensing costs for their certified employees. The fiscal note to S.B. 74 (2017) estimated that "enactment of this bill could result in 152 licensees paying $25 every three years instead of every year to renew". A copy of the fiscal analysis is available from the Utah State Legislature's website at https://le.utah.gov/~2017/bills/static/SB0074.html.

small businesses:

In Section R156-80a-303, the Division estimates that these proposed amendments will not result in any fiscal impact to small businesses over and above the impact from the underlying legislation, because the amendments merely clarify or further define the requirements enacted by S.B. 74 (2017). As a result of the standards mandated by S.B. 74 (2017) and implemented by these proposed amendments, there may be some indirect savings to small businesses that use medical language interpreters, or that employ or provide services to individuals benefiting from medical language interpreter services, due to improved patient outcomes. However, this indirect savings cannot be measured because it will vary depending on circumstances. In Section R156-80a-304, the Division estimates that these proposed amendments will not result in any fiscal impact to small businesses over and above the impact from the underlying legislation. As mandated by H.B. 74 (2017), these amendments establish a three-year renewal for certification. This may result in some savings to small businesses if the business owner obtains certification, or if the business chooses to pay licensing costs for its certified employees. The fiscal note to S.B. 74 (2017) estimated that "enactment of this bill could result in 152 licensees paying $25 every three years instead of every year to renew". A copy of the fiscal analysis is available from the Utah State Legislature's website at https://le.utah.gov/~2017/bills/static/SB0074.html.

persons other than small businesses, businesses, or local governmental entities:

In Section R156-80a-303, the Division estimates that these proposed amendments will not result in any fiscal impact to other persons over and above the impact from the underlying legislation, because the amendments merely clarify or further define the requirements enacted by S.B. 74 (2017). As a result of the standards mandated by S.B. 74 (2017) and implemented by these proposed amendments, there may be some indirect savings to other persons that use medical language interpreters, or who employ or provide services to individuals benefiting from medical language interpreter services, due to improved patient outcomes. However, this indirect savings cannot be measured because it will vary depending on circumstances. In Section R156-80a-304, the Division estimates that these proposed amendments will not result in any fiscal impact to other persons over and above the impact from the underlying legislation. As mandated by H.B. 74 (2017), these amendments establish a three-year renewal for certification. This may result in some savings to other persons who obtain certification, or who choose to pay licensing costs for their certified employees. The fiscal note to S.B. 74 (2017) estimated that "enactment of this bill could result in 152 licensees paying $25 every three years instead of every year to renew". A copy of the fiscal analysis is available from the Utah State Legislature's website at https://le.utah.gov/~2017/bills/static/SB0074.html.

Compliance costs for affected persons:

The proposed amendments merely clarify or further define the requirements enacted by S.B. 74 (2017); accordingly, the Division estimates that they will not result in any compliance costs for affected persons over and above the impact from the underlying legislation.

Comments by the department head on the fiscal impact the rule may have on businesses:

This proposed rule filing implements statutory changes passed through S.B. 74 in the 2017 General Legislative Session, which expanded the examinations and languages the Division may accept when licensing a certified medical interpreter, established a two-tier system of certification, and established a three-year renewal cycle. No additional fiscal impact to businesses is anticipated beyond those considered in passing S.B. 74.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Larry Marx at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2017

Interested persons may attend a public hearing regarding this rule:

• 11/16/2017 11:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT

This rule may become effective on:

12/08/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-80a. Medical Language Interpreter Act Rule.

R156-80a-[203a]303. Qualifications for Certification - Examination Requirements.

(1) In accordance with Subsection[s 58-1-203(1)(b), 58-1-301(3) and 58-80a-303(2)] 58-80a-303(1)(b)(i), an applicant for certification as either a tier 1 or tier 2 certified medical language interpreter shall provide verification that the examinations or examination passed by the applicant are administered or recognized by either:

(a) the National Board of Certification for Medical Interpreters (NBCMI); or

(b) the Certification Commission for Healthcare Interpreters (CCHI).[under Section 58-80a-301 shall:

(a) complete and pass the Bridging the Gap (BTG) Interpreter Training Program with a minimum passing score established by CCHCP;

(b) complete and pass pre and post test examinations administered by trainers and organizations approved pursuant to Subsection (1); and

(c) submit to the Division a certificate of completion documenting that the applicant has met the requirements in Subsections(1)(a) and (b).

(2) Trainers and organizations that administer pre and post examinations to medical language interpreter applicants shall be approved by the Cross Cultural Health Care Program (CCHCP).]

(2) In accordance with Subsection 58-80a-303(2), an applicant for certification shall apply for tier 1 certification if the language for which the applicant will provide medical interpreting is:

(a) Arabic;

(b) Cantonese;

(c) Korean;

(d) Russian;

(e) Mandarin;

(f) Spanish; or

(g) Vietnamese.

(3) In accordance with Subsection 58-80a-303(2), an applicant for certification as a tier 2 certified medical language interpreter shall:

(a) attest that an oral examination meeting the requirements of Subsection 58-80a-303(1)(b) is not available in the language for which the applicant seeks certification; and

(b) agree that if an oral examination meeting the requirements of Subsection 58-80a-303(1)(b) does become available, the applicant must pass that exam and apply for tier 1 certification within six months of the exam's availability or by the end of that licensing period, whichever is later.

 

R156-80a-304. Renewal Cycle - Procedures.

(1) In accordance with [Subsection 58-1-308(1)]Section 58-80a-304, the renewal date for the [two]three-year renewal cycle applicable to licensees under Title 58, Chapter 80a is established by rule in Subsection R156-1-308a([1]2).

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

KEY: licensing, medical language interpreter, certified medical language interpreter

Date of Enactment or Last Substantive Amendment: [July 22, 2010]2017

Notice of Continuation: March 31, 2014

Authorizing, and Implemented or Interpreted Law: 58-80a-101; 58-1-106(1)(a); 58-1-202(1)(a)

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