SB 5304 Testing individuals who provide language access to state services

The DSHS Language Testing and Certification (DSHS/LTC) is the credentialing body for spoken language interpreters, which was created as a result of lawsuits and complaints of violations of Title VI of the 1964 Civil Rights Act which were brought against DSHS for not providing equal access to services for Limited English Proficient (LEP) clients. In 1991, as part of its Agreement of Settlement and Consent Order, (Reyes Consent Decree), DSHS agreed to ensure the quality of the interpreting services through the development and administration of oral and written tests as well as training of contracted interpreters. 

On July 22, 2022, DSHS announced that as of August 1, 2022, the DSHS Language Testing and Certification Program will now accept tests only from three different third-party providers to certify and authorize medical interpreters.  By eliminating its own tests, DSHS is now reneging on its responsibilities under the Reyes Consent Decree. Read more about this here.

Senate Bill 5304 would prevent DSHS from making this costly mistake by:

1.   Requiring DSHS to credential interpreters only after passing both written and oral exams to ensure that interpreters are fluent in English and a primary non-English language.

2.   Prohibiting private entities with a financial interest in the direct provision of interpreter services from testing or certifying interpreters.

3.   Creating a Language Access Workgroup that will make recommendations on:

• Criteria necessary to demonstrate that interpreters have the skills necessary to ensure quality and accurate services;
• Strategies for increasing access to interpreters in rural communities and for languages of lesser demand;
• Strategies for workforce resiliency including adequate workload and compensation;
• Standards of ethics and professional responsibility; and
• Investments needed to implement the plan for online testing.

Status: Passed the Senate 48-0 and the House 94-4. Signed into law by the Governor with an effective date of July 23, 2023.