A bill for an act
relating to health occupations; establishing a registry system for spoken language
health care interpreters; requiring a report; appropriating money; amending
Minnesota Statutes 2020, section 256B.0625, subdivision 18a; proposing coding
for new law as Minnesota Statutes, chapter 146C; repealing Minnesota Statutes
2020, section 144.058.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The definitions in this section apply to this chapter.
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"Advisory council" means the Spoken Language Health
Care Interpreter Advisory Council established in section 146C.06.
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"Certified interpreter" means a spoken language health
care interpreter who meets the requirements in section 146C.02, subdivision 4.
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"Code of ethics" means the National Code of Ethics for
Interpreters in Health Care, as published by the National Council on Interpreting in Health
Care or its successor, or the International Medical Interpreters Association or its successor.
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"Commissioner" means the commissioner of health.
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"Common languages" means the ten most frequent
languages without regard to dialect in Minnesota for which interpreters are listed on the
registry.
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"Core interpreter" means a spoken language health care
interpreter who meets the requirements in section 146C.02, subdivision 2.
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"Interpreting standards of practice" means
the interpreting standards of practice in health care as published by the National Council
on Interpreting in Health Care or its successor, or the International Medical Interpreters
Association or its successor.
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"Proficient interpreter" means a spoken language health
care interpreter who meets the requirements of section 146C.02, subdivision 3.
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"Registry" means a database of spoken language health care
interpreters in Minnesota who have met the qualifications described under section 146C.02,
subdivision 2, 3, or 4, which shall be maintained by the commissioner of health.
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"Remote interpretation" means spoken language
interpreting services provided via a telephone or by video conferencing.
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"Spoken language
health care interpreter" or "interpreter" means an individual who receives compensation or
other remuneration for providing spoken language interpreter services for patients with
limited English proficiency within a medical setting either by face-to-face interpretation or
remote interpretation.
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"Spoken language interpreting
services" means the conversion of one spoken language into another by an interpreter for
the purpose of facilitating communication between a patient and a health care provider who
do not share a common spoken language.
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(a) By July 1, 2022, the commissioner of health shall
establish and maintain a registry for spoken language health care interpreters. To be eligible
for the registry, an applicant must:
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(1) be at least 18 years of age;
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(2) affirm by signature, which may include electronic signature, that the applicant has
read the code of ethics and the interpreting standards of practice identified on the registry
website and agrees to abide by them;
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(3) not be on the state or federal Medicaid or Medicare provider exclusion list; and
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(4) meet the requirements described under subdivision 2, 3, or 4.
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(b) An individual who chooses to be listed on the registry must submit an application
to the commissioner on a form provided by the commissioner along with the applicable fees
required under section 146C.07. The form must include the applicant's name, contact address
and telephone number, and the languages for which the applicant is available to interpret.
The application must indicate whether the applicant is seeking to be listed on the registry
as a core interpreter, a proficient interpreter, or a certified interpreter, and must include
evidence of meeting the applicable requirements.
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(c) Upon receipt of the application, the commissioner shall determine if the applicant
meets the requirements for the specified category. The commissioner may request further
information from the applicant if the information provided is not complete or accurate. The
commissioner shall notify the applicant of action taken on the application, and if the
application is denied, the grounds for denying the application.
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(d) An applicant whose application for the registry is denied may make a written request
to the commissioner, within 30 days of the date of notification to the applicant, for
reconsideration of the denial. Applicants requesting reconsideration may submit information
that the applicant wants considered in the reconsideration. After reconsideration of the
commissioner's determination to deny an application, the commissioner shall determine
whether the original determination should be affirmed or modified. An applicant may make
only one request for reconsideration of the commissioner's determination to deny an
application.
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(e) If the commissioner denies an application, the applicant may reapply for the same
category or another category. If an applicant applies for a different category or reapplies
for the same category, the applicant must submit with the new application the applicable
fees under section 146C.07.
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(f) Applicants who qualify for different categories for different languages shall only be
required to complete one application and submit the required application fee.
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(g) The commissioner may request, as deemed necessary, additional information from
an applicant to determine or verify qualifications or collect information to manage the
registry.
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(a) To be listed on the registry as a core
interpreter, an applicant must either: (1) pass a written examination in English approved by
the commissioner, in consultation wi