Legal Question in Disability Law in Pennsylvania

Medical office providing deaf interpreter

We need to provide our deaf patient with an interpreter but we would like to know if the interpreter needs to be certified. If so, what level of certification. We have been quoted $40-$80/hour plus travel time for a certified interpreter which exceeds the charge of the patient's office visit. We do have a qualified interpreter who was certified many years ago. Is this good enough? Please provide this answer or tell me where I can get a copy of the law pertaining to this issue.

Thank you,

Colleen


Asked on 3/15/06, 12:56 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Medical office providing deaf interpreter

This is an Americans with Disabilities Act question and it is good that you see the need to look at how to comply. The answer depends on your office and practice profile. A large practice can have greater demands placed on it than smaller practices. But that dosen't mean a small practice can get out of compliance completely. You need to be able to communicate with your deaf patient, and a certified interpreter is often the best way to do that.

As you found out, a certified interpreter is expensive. But the situation doesn't always call for the best solution, only a reasonable solution. If you are simply giving the patient a shot, writing would be perfectly acceptable. But a more extensive or involved situation would call for a better solution. Sometimes simply having a computer available where you can type back and forth is sufficient. On other occassions, a certified interpreter is demanded by the situation.

If you have a qualified interpreter (someone who knows sign language) then that should suffice for many circumstances, but if there will be ANY problem at all then you should have a currently certified interpreter (someone with a current qualification designating them as an approved interpreter).

There are even other alternatives such as using distance interpreters. This is where you use a internet connection, a computer and computer camera to communicate with an interpreter in another location. This is conducted like a video net meeting. The patient would be on camera and would need a computer monitor. The patient "speaks" to the interpreter who can voice the patient's information. The physician responds by voice and the interpreter signs the response to the patient. Much more efficent than a personal visit, but it doesn't always eliminate the need for an in-person interpreter.

The upshot is you need to do what is reasonable given the circumstances. This means working with the patient. You don't have to give in to the specific demands of a patient but neither can you dictate to a patient what is or isn't acceptable.

My guess is that the patient will be happy to work with you to find a reasonable solution. But if the patient's a dick then you're on your own (just kidding).

Here's a site that describes distance interpreting. http://www.siu.edu/~dss/distance.htm My guess is that your professional organization has leads on this service also. I would like to hear about how this all works out for you. Who knows, maybe you can use it to generate more income from a population that is very under-served.

And as always, I would be ahppy to help you with this matter further or any other legal matter.

Regards,

Roger Traversa

[email protected].

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Answered on 3/18/06, 5:59 pm


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