Are there any regulations on pharmacies regarding translation for non-English speaking customers?

The Affordable Care Act (ACA) included provisions that became effective as of July 18, 2016 regarding discrimination through the provision of healthcare services. These provisions go above and beyond the general prohibitions against discrimination based on race, color, national origin, sex, age or disability. The provisions in the ACA prohibit pharmacies from discriminating against individuals with minimal or limited English proficiency.

Is there specific guidance on how pharmacies should comply with these regulations?

In addition to the ACA, the Federal Department of Health and Human Services issued a Final Rule on the matter. Some states have also implemented laws and regulations to address this issue.

• The implications of this rule are broad and far-reaching, and regulations vary from state-to-state. As a result, it is encouraged that each pharmacy read the rule and consult with their state pharmacy association to ensure compliance.

Are there examples of state-specific provisions that apply to Pharmacies?

Yes – In 2012, the State of New York passed the Safe Rx Act. The act requires pharmacy chains with eight or more stores to provide oral interpretation at the pharmacy.

• The oral interpretation is allowed in person or by phone.
• They are also required to provide translated prescription labels in Chinese, Italian, Russian or Spanish.

California is another example of a state that has enacted requirements regarding language translation.

• In 2016, the state passed a law requiring the translation of labels for non-English speakers as well as new language requirements for all prescription drug labels.

This is not a comprehensive list of state or federal regulations. Consultation with your pharmacy association and/or attorney should take place before putting policies into place.

How to pharmacies find and provide translation services?

There are a variety translation services available for pharmacies, and your pharmacy may already have written translation capabilities built into your pharmacy management system.

Here are a couple of addition resources:

• Written translation services for prescription labeling
  • Software solution for translation of patient instructions and warning labels.
• On-demand telephone interpretation is available through RxTran 24/7.
  • Health Mart pharmacies are eligible for 10% off, and the set-up fee is waived.

Here are a few links to help get you started:

• Add a section to your website regarding translation.
• Download the entire policies and procedures template including all 140+ sections HERE.  
• Learn all about Bula Pharmacy Law compliance tools available to Health Mart Stores HERE.