DAR File No. 32770

Commerce, Occupational and Professional Licensing

R156-80

Medical Language Interpreter Act Rule

NOTICE OF PROPOSED RULE

DAR File No.: 32770
Filed: 06/30/2009, 12:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to create a new rule to clarify the governing statute, Title 58, Chapter 80, as required by H.B. 144 which was passed during the 2009 Legislative Session. (DAR NOTE: H.B. 144 (2009) is found at Chapter 49, Laws of Utah 2009, and was effective 07/01/2009.)

Summary of the rule or change:

This new rule provides for the following: title, authority/purpose, organization/relationship to Rule R156-1 and qualifications for certification/examination requirements.

State statutory or constitutional authorization for this rule:

Section 58-80-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print the rule and distribute it once the new rule is made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed new rule does not affect local government because it clarifies the voluntary certification requirements for medical language interpreters created in Title 58, Chapter 80.

small businesses and persons other than businesses:

The proposed new rule will only apply to individuals who voluntarily want to apply for certification as a medical language interpreter. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the creation of a new statute under H.B. 144. The fiscal note prepared by the Division in response to H.B. 144 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. The Division does anticipate that persons who choose to certify as a medical language interpreter will incur examination costs of approximately $700 plus licensing application fees of $50. The Division is not able to determine how many individuals will voluntarily apply for certification as a medical language interpreter.

Compliance costs for affected persons:

The proposed new rule will only apply to individuals who voluntarily want to apply for certification as a medical language interpreter. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the creation of a new statute under H.B. 144. The fiscal note prepared by the Division in response to H.B. 144 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. The Division does anticipate that persons who choose to certify as a medical language interpreter will incur examination costs of approximately $700 plus licensing application fees of $50.

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

This rule filing administers the new Medical Language Interpreter Act. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature in passing the Act. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division 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:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

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:

08/14/2009

Interested persons may attend a public hearing regarding this rule:

8/03/2009 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

08/21/2009

Authorized by:

Mark B. Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-80. Medical Language Interpreter Act Rule.

R156-80-101. Title.

This rule is known as the "Medical Language Interpreter Act Rule".

 

R156-80-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 80.

 

R156-80-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Section R156-1 is as described in Section R156-1-107.

 

R156-80-203a. Qualifications for Certification - Examination Requirements.

(1) In accordance with Subsections 58-1-203(1)(b), 58-1-301(3) and 58-80-203(2), an applicant for certification under Section 58-80-201 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 (2)(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).

 

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

Date of Enactment or Last Substantive Amendment: 2009

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