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Client Resources

• Why are two interpreters needed for my appointment?
  Team interpreting is the utilization of two or more interpreters who support each other to meet the needs of a particular communication situation. Depending on both the needs of the participants and agreement between the interpreters, responsibilities of the individual team members can be rotated and feedback may be exchanged. The decision to use a team rather than an individual interpreter is based on a number of factors, including, but not limited to: * length and/or complexity of the assignment, * unique needs of the persons being served, * physical and emotional dynamics of the setting, * avoidance of repetitive stress injuries (RSIs) for interpreters. An interpreter who is hearing may sometimes team with an interpreter who is deaf, called a certified deaf interpreter (CDI).
• International Symbols of Deaf Services
  The symbol indicates that Sign Language Interpretation is provided for a lecture, tour, performance, conference or other program.
• If a family member or friend is able to interpret, is that person a 'qualified interpreter'?
  The Department of Justice has answered this question by stating the following in Appendix B to its ADA regulations: In certain circumstances, notwithstanding that the family member or friend is able to interpret or is a certified interpreter, the family member or friend may not be qualified to render the necessary interpretation because of factors such as emotional or personal involvement or considerations of confidentiality that may adversely affect the ability to interpret "effectively, accurately, and impartially." Thus, if a health care professional asks a family member or friend of a patient who is deaf to interpret, and the patient does not want that person to interpret, the patient should ask the professional to provide someone else.
• If an interpreter is necessary to ensure effective communication, the health care professional must provide a 'qualified interpreter.' Who is a 'qualified interpreter'?
  A qualified interpreter is an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary.
• If the cost of an interpreter for an office visit exceeds the fee for that visit, can the health care professional charge the person who is deaf for providing an interpreter?
  No. The health care professional still must pay for the interpreter. Health care professionals, like lawyers, accountants, and other public accommodations covered by the ADA, are expected to treat the cost of an interpreter as part of the overhead cost of operating a business.
• Who has to pay for the interpreter?
  The health care professional. A health care professional may not charge a person who is deaf or the person's insurance company for the cost of providing an interpreter. The U.S Department of Justice gives the following example in its technical assistance manual: In order to ensure effective communication with a deaf patient during an office visit, a doctor arranges for the services of a sign language interpreter. The cost of the interpreter's services must be absorbed by the doctor.
• What are the two exceptions to the general rule that a health care professional must provide an interpreter when necessary to ensure effective communication?
  First, a health care professional does not have to provide an interpreter if doing so would result in a "fundamental alteration" of the professional's services. However, this exception will probably never apply because a sign language interpreter would not result in a fundamental alteration of a health care professional's services.
• Can a patient bring the patient's own interpreter for an office visit without first asking the health care professional and then bill the health care professional for the cost of the interpreter?
  No. A patient should not do this because the health care professional should be given an opportunity to consult with the patient and make his/her own determination of whether an interpreter is necessary for effective communication.
• Who ultimately decides whether an interpreter is required – the patient or health care professional?
  The health care professional. However, the health care professional should consult with the patient to determine whether an interpreter is necessary for effective communication. The Department of Justice explains in the technical assistance manual: Public accommodations [such as doctors] should consult with individuals with disabilities wherever possible to determine what type of auxiliary aid is needed to ensure effective communication. . . . While consultation is strongly encouraged, the ultimate decision as to what measures to take to ensure effective communication rests in the hands of the public accommodation, provided the method chosen results in effective communication.
• If the patient is a minor child who can hear, does the health care professional have to provide an interpreter for a parent who is deaf?
  Yes, if (1) an interpreter is necessary to ensure effective communication between the health care professional and parent, and (2) the parent has asked the health care professional to provide an interpreter. For example, an interpreter would be required if a parent who is deaf will be discussing with a doctor whether the parent's child should have surgery.
• If a sign language interpreter is required for effective communication, must only a certified interpreter be provided?
  No. Though unlikely, an interpreter who is not certified might be a "qualified interpreter." The Department of Justice explains in the technical assistance manual: The key question in determining whether effective communication will result is whether the interpreter is "qualified," not whether he or she has been actually certified by an official licensing body. A qualified interpreter is one "who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary." An individual does not have to be certified in order to meet this standard. A certified interpreter may not meet this standard in all situations, e.g., where the interpreter is not familiar with the specialized vocabulary involved in the communication at issue. Of course, a lack of certification may be considered evidence that an interpreter is not "qualified."
• When is an interpreter necessary to ensure effective communication?
  The answer to this question depends upon the length and complexity of the conversation the Deaf person will be having with the health care professional.
• Can we provide a videotape of previous seminars that are interpreted instead of a live interpreter?
  United States v. Becker C.P.A. Review
• Checklist for Assessment of Effective Communication
  From the ADA Best Practices Tool Kit for State and Local Governments, but generally applicable to all organizations.
  
• Concerts and Music Performances
  This is excerpted from a settlement agreement between the Department of Justice and a nightclub, performance venue in Washington, D.C.