Interpretation and Translation Services for Limited English Proficient (LEP) Individuals by Mai...
NY-ADR
7/9/14 N.Y. St. Reg. EDU-11-14-00002-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 27
July 09, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-11-14-00002-A
Filing No. 552
Filing Date. Jun. 24, 2014
Effective Date. Jul. 09, 2014
Interpretation and Translation Services for Limited English Proficient (LEP) Individuals by Mail Order Pharmacies
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 63.11 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 (not subdivided), 6504 (not subdivided), 6507(2)(a), 6810(1) and 6829(4); L. of 2012, ch. 57, part V
Subject:
Interpretation and translation services for Limited English Proficient (LEP) individuals by mail order pharmacies.
Purpose:
To implement section 6829(4) of the Education Law, as added by part V of chapter 57 of the Laws of 2012.
Text or summary was published
in the March 19, 2014 issue of the Register, I.D. No. EDU-11-14-00002-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: [email protected]
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
Since publication of a Notice of Proposed Rulemaking in the March 19, 2014 State Register, the State Education received the following comment:
COMMENT:
Certain Assembly members have requested that the number of languages in which mail order pharmacies are required to provide interpretation and translation services to Limited English Proficient (LEP) Individuals be increased Statewide to include the three additional languages required under New York City’s local law for large retail chains (Korean, French Creole and Begali).
DEPARTMENT RESPONSE:
The Department discussed these requests with the Assembly members. The Department considered all of the factors required under Education Law § 6829(4) when adopting the proposed amendment, including anticipated utilization, available resources and cost considerations. Based on data reviewed from the U.S. Census Bureau, it appears that there are many different primary languages throughout the State and that the four consistent primary languages are Chinese, Italian, Russian and Spanish. In an effort to be consistent with the languages required for translation services in large retail chains under Education Law § 6829(2), the Department is proposing to require the same four languages for mail order pharmacies Statewide.
It is the Department’s understanding that New York City has required three additional languages under local law for large retail chains (Korean, French Creole and Begali). New York City also has the authority to impose additional languages under its own local laws for mail order pharmacies. Therefore, the Department recommends that New York City adopt its own local law to add these three languages as opposed to a Statewide requirement where services for these languages may not be utilized and it may impose additional costs on these mail order pharmacies, when such services may not be needed. After a discussion with the Assembly explaining the Department’s rationale on the proposed amendment, it was determined by the Department that no change to the proposed amendment was needed at this time.
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