Cal. Code Regs. Tit. 22, § 51202.5 - Sign Language Interpreters
(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) Hold a current certification by one of
the following:
(A) The National Registry of
Interpreters for the Deaf (RID);
(B) The National Association of the Deaf
(NAD)/California Association of the Deaf (CAD) at a competency Level IV or V
only; or
(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) Be
non-certified.
(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.
(c)
(1) A beneficiary may select an individual to
provide sign language interpreter services, except those persons excluded in
(b).
(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).
Notes
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).
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).
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).
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