It may be necessary to use an interpreter to ensure both you and your client/patient have a clear means of communication and that nothing of importance gets misunderstood. Title III of the Americans with Disabilities Act (ADA) directs places of public access to make their programs and services accessible to individuals who have a disability. Accommodations for a person who is Deaf may require the use of sign language interpreters to achieve effective communication. When determining which accommodation to utilize, the provider should take the following into consideration: the Deaf individual’s possible limited English language skills, their primary mode of communication and complexity of the specific appointment. Please see this link for some additional information.*
When using an interpreter, the ADA requires that the interpreter is QUALIFIED and defines such as an individual who can interpret accurately, effectively and impartially, both receptively and expressively, using any necessary specialized vocabulary. Other methods of communication, such as writing notes or lip-reading, may not be effective for some clients/patients, since medical and legal situations are typically more complex and are sometimes lengthy. Also consider the ethical reasons to ensure you are communicating effectively. A lack of clear communication can have serious consequences for both the business and the patient/client. Family members and friends cannot be expected to be neutral and sign everything they hear. They may be emotionally or personally involved and this may affect their interpreting. Using them as interpreters can also cause problems in maintaining confidentiality with your patient/client.
An entity may avoid provision of an auxiliary aid only if it can demonstrate that provision of such would fundamentally alter the nature of the service or would constitute an undue burden. If the entity is able to demonstrate a fundamental alteration or an undue burden in the provision of a particular auxiliary aid it must, however, be prepared to provide an alternative auxiliary aid 28 C.F.R.Section 36.303(f).
*This information was provided by Doug Dittfurth formerly with DARS DHHS – thank you, Doug, for your sharing your knowledge with us.
