Legal Information
Legal Mandates and Their Application
The material presented here includes a brief background on legal mandates for language services in pharmacies, and some information on advocacy efforts in New York State focused on this issue. We have not attempted to be comprehensive, rather we have highlighted the most relevant national and state laws and regulations, including those focused particularly on pharmacies. For a more comprehensive list of language access laws, see the "Language Access Legal Cheat Sheet" produced by the New York Lawyers for the Public Interest (NYLPI).
Legal Mandates to provide language assistance services to limited English proficient (LEP) individuals in pharmacies:
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As recipients of federal funds in payment for medications, pharmacies are subject to the requirements of Title VI of the 1964 Civil Rights Act.
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Title VI says: No person in the United States shall, on ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
- The federal Department of Health and Human Services (HHS) and the courts have applied this statute to protect individuals who do not speak English well.
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Title VI says: No person in the United States shall, on ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
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Hospital-based pharmacies are required to follow the directives of the NYS Language Access and Patients Rights regulations adopted in September 2006, which specify how language services are to be provided in hospital settings.
- 2006 NYS Language Access Regulation
- Hospitals must provide skilled interpreters and translations of all significant forms to ensure effective communication with all patients, regardless of language ability.
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Pharmacies may also be required to provide language access services to comply with the branding and counseling provisions governing pharmacy practice in New York State.
- Branding: Medical labels or printed information must be rendered in a way that "is likely to be read and understood by the ordinary individual under customary conditions of purchase and use."
- Counseling: A pharmacist or pharmacy intern providing prescription services shall be required to personally counsel each patient or person authorized to act on behalf of a patient.
For a more detailed discussion of these regulations, see the fact sheet "Should Pharmacies and Pharmacists Provide Language Services For People with Limited English Proficiency?" prepared by the National Health Law Program (NHeLP) for The New York Academy of Medicine.
Organizing for Change
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In 2007, the advocacy organizations New York Lawyers for the Public Interest and Make the Road New York (MRNY) began working for the enforcement of mandated language services in pharmacies in New York City and New York State. They worked with community members and members of The New York Immigration Coalition to:
- Gather testimonials from LEP New Yorkers regarding limitations in language access in pharmacies and the consequences thereof;
- Organize community events to garner attention around this issue
A Statewide Victory
- On October 31, 2007 NYLPI and Make the Road filed a complaint with the NYS Attorney General's Office against major pharmacy chains
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On November 13, 2008 and April 21, 2009, New York State Attorney General Andrew Cuomo announced that seven national and New York area pharmacy chains had entered into agreements to provide language access services to New York customers. These chains included CVS, Rite Aid, Walmart, Target, Costco, Duane Reade and A&P (owner of Pathmark, Super Fresh and Food Emporium). The pharmacies entering into the agreements with the Office of the Attorney General consented to a variety of measures including:
- Informing customers of their right to language assistance
- Identifying customers that needed such assistance with their prescription medications
- Providing counseling to customers in their own languages
- Supplying prescription labels and certain other written information in Spanish, Chinese, Italian, Russian, French, and Polish
A Citywide Victory
- Working with the NYC Public Advocate Betsy Gotbaum, Make the Road and NYLPI introduced a bill before City Council requiring written translation and oral interpretation in NYC chain pharmacies by September 2012.
- Bill passed City Council on 8/20/09, and was signed by the Mayor on 9/3/09.
- Post signs informing customers about available language assistance services
- Providing counseling to customers in their own languages
- Supply prescription labels and patient information sheets in the top 7 languages of LEP New York City residents: Spanish, Chinese (Cantonese/Mandarin), Russian, Korean, Italian, French Creole, and Bengali.
- For more information, see:
For more information about language assistance in pharmacies and other settings, visit: http://healthjustice.wordpress.com/resources/#Rx