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New York City Law on Provision of Translation Services in Pharmacies
A few States, as well as New York City, have passed comprehensive pharmacy language access laws to ensure that community pharmacies provide free translation and interpreting services to their customers with limited English proficiency (LEP).
Below we describe informally and briefly the gist of some specific requirements enacted in New York City. (See legal disclaimer, below).
Status of the Law
On August 20, 2009 the New York City Council passed Bill 859-A, "Provision of language assistance services in pharmacies." The bill was signed by the NYC Mayor Michael Bloomberg on September 3, 2009 and became Law No. 2009/055.
Pharmacies Directly Affected by the Law:
The pharmacy law affects all pharmacy chains with 4 or more stores anywhere in the US, not just in New York City.
To Which Individuals Are Pharmacies Required to Provide Translation and Interpreting Services:
The law counts as a Limited English Proficiency (LEP) customer any individual who self-identifies as being "unable to speak, read or write English at a level that permits such individual to understand health-related and pharmaceutical information communicated in English". Individuals who "evidently" don't have this level of English proficiency are also covered by the law, whether they are able to identify themselves as such or not.
What Written Documents Have to be Translated:
The Law mandates that every chain pharmacy in New York City has to provide free translation of prescription medication labels, warning labels, and other written material that the pharmacy considers vital to an LEP individual's safe and effective use of prescription medications.
Languages Requiring (Written) Translation:
The Law requires that all covered pharmacies provide written translation of certain materials in the seven languages that are the "primary languages" in New York City. The list of the 7 primary languages is to be determined annually by the City, but currently consists of
- Spanish
- Chinese
- Russian
- Korean
- Italian
- Haitian Creole, and
- Bengali
Which (Oral) Interpreting Services are Required for LEP individuals:
Every chain pharmacy is required to provide "free, competent oral interpretation of prescription medication labels, warning labels and other written material to each LEP individual filling a prescription at such chain pharmacy, unless the LEP individual is offered and refuses such services."
The law does not seem to circumscribe the list of languages requiring interpreting to the list of 7 "primary" languages that require written translation of drug labels. Potentially, all 150 or so languages spoken in the New York City fall under the scope of the interpreting requirement.
The pharmacies are required to provide interpreting services for all LEP individuals filling a prescription for the purposes of counseling such individual about his or her prescription medications or when soliciting information necessary to maintain a patient medication profile, unless the LEP individual is offered and refuses such services.
Who Qualifies as a Competent Interpreter Under the Law:
An essential requirement for interpreters is that, in addition to having adequate knowledge of English and the patient's primary language, the interpreter has to know the necessary pharmaceutical- and health-related terminology in both languages.
Implementation Schedule:
The law is to take effect on June 1, 2010, 270 days after its enactment.
Notification Requirement
Pharmacies affected by the New York City Law have to post conspicuous notices, in all the seven primary languages, announcing that the patients have the right to free translation and interpreting services. These notices have to be posted at or adjacent to each counter where prescription medications are sold.
Text of the New York City Language Assistance in Pharmacies Law
The full text of the New York City Language Assistance in Pharmacies Law can be downloaded here.
For More Information
To get more information about our pharmacy language services, call Evan (617-621-0940 x. 141 or 800-240-0246) or email at info@RxTran.com to find out how RxTran can help you provide a more comprehensive set of services to your pharmacy clients.
Legal Disclaimer
On this site we describe, informally and briefly, the gist of some laws and regulations enacted or being considered in various jurisdictions. These descriptions are not intended to be a complete or exhaustive presentation of the laws and regulations. They are not intended, nor should be relied upon, as a source of legal advice. Please consult qualified counsel for any questions regarding interpretation of any laws and regulations mentioned on this site.
