NDAC 75-03-44-15
Linguistic competence
Cite as N.D. Admin. Code ยง 75-03-44-15
1.
The certified clinic shall take reasonable steps to provide meaningful access to services, such
as language assistance, for individuals with limited English proficiency and language-based
disabilities.
2.
The certified clinic shall use an interpretation and translation service that is readily available
and appropriate for the size and needs of the limited English proficiency population receiving
services by the certified clinic. If the certified clinic uses an interpreter and translation service,
the interpreter and translation service provider must be trained to function in a medical or
behavioral health setting.
3.
The certified clinic shall ensure that auxiliary aids and services are readily available,
Americans with Disabilities Act compliant, and responsive to the needs of individuals with
physical, cognitive, or developmental disabilities receiving services from the certified clinic.
4.
The certified clinic shall ensure documents or information necessary for an individual to
access certified community behavioral health clinic services are available online and in paper
format. The documents or information must be in languages commonly spoken within the
community served, taking account of literacy levels and the need for alternative formats based
on community needs assessment findings. The certified clinic shall provide the documents or
information in a timely manner at intake and throughout the time an individual is served by the
certified clinic.
5.
The certified clinic shall have policies with explicit provisions ensuring all staff, contracted
staff, translators, and interpreters understand and adhere to confidentiality and privacy
requirements applicable to the certified clinic, including the requirements of the Health
Insurance Portability and Accountability Act of 1996 [Pub. L. No. 104-191, 110 Stat. 1936],
title 42, Code of Federal Regulations, part 2, and other federal and state laws and regulations.