Arizona Senate Committee Approves Measure to Free Business Owners of Translation Burden

The Arizona Senate Judiciary Committee unanimously approved legislation Friday that protects the rights of private businesses by declaring that they are not required to provide interpretation services in languages other than English. As amended, S.B. 1199 frees business owners from the threat of lawsuits because the business failed to provide “trained and competent bilingual” assistance for non-English speaking customers.

This legislation would protect any business owner who opts to eliminate any risk of mistranslation by conducting transactions in English. During testimony on the measure, an Arizona doctor told Senators of a case where a non-English speaking woman brought her daughter, a minor, to translate during the appointment. The doctor, citing the fact that the minor could not give consent for a procedure, as well as the risk of a malpractice suit should the child translate incorrectly, opted to refer the client to a doctor who spoke Spanish. In response, the patient filed a complaint against the doctor with the Attorney General’s office.

“Non-English speaking individuals cannot expect that business owners will cover the costs or burden of translation,” said Mauro E. Mujica, Chairman of U.S. English, Inc. “When there are critical matters at stake, it is in the best interests of the provider and the customer to make sure that nothing is lost in the translation. If the two individuals cannot speak the same language, it is the customer’s responsibility to remedy this shortcoming by providing a trained interpreter.”

The legislation makes clear that it does not supersede existing federal law. Hospitals and other providers of emergency services would continue to provide translation services as necessary.

S.B. 1199 now heads to the full Senate for consideration.