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Posted by Legal / Medical Interpreter on 08/29/2012

determined who, based on testing by an independent
organization designated by the administrative director, have been
determined to meet the minimum standards in interpreting skills
and linguistic abilities in languages designated pursuant to Section
11435.40, for purposes of administrative hearings conducted pursuant
to proceedings of the Workers’ Compensation Appeals Board. The
independent testing organization shall have no financial interest in
the training of interpreters or in the employment of interpreters for
administrative hearings.
(2) (A) A fee, as determined by the administrative director, shall
be collected from each interpreter seeking certification. The fee
shall not exceed the reasonable regulatory costs of administering the
testing and certification program and of publishing the list of
certified administrative hearing interpreters on the Division of
Workers’ Compensation’ Internet Web site.
(B) If the administrative director chooses not to
administer the testing and certification program, the administrative
director shall contract with one or more independent organizations to
conduct testing and to certify the qualifications of administrative
hearing interpreters. The Legislature finds and declares
that the services described in this section are of such a special and
unique nature that they may be contracted out pursuant to paragraph
(3) of subdivision (b) of Section 19130. The Legislature further
finds and declares that the services described in this section are a
new state function pursuant to paragraph (2) of subdivision (b) of
Section 19130.
SEC. 3. Section 11435.35 of the Government Code is amended to
read:
11435.35. (a) The State Personnel Board shall establish,
maintain, administer, and publish annually, an updated list of
certified medical examination interpreters it has determined meet the
minimum standards in interpreting skills and linguistic abilities in
languages designated pursuant to Section 11435.40.
(b) Court interpreters certified pursuant to Section 68562 and
administrative hearing interpreters certified pursuant to Section
11435.30 shall be deemed certified for purposes of this section.
(c) (1) In addition to the certification procedure provided
pursuant to subdivision (a), the Administrative Director of the
Division of Workers’ Compensation or an independent
organization designated by the administrative director may
establish, maintain, administer, and publish annually an updated list
of certified medical examination interpreters it has
determined who, based on testing by an independent
organization designated by the administrative director, have been
determined to meet the minimum standards in interpreting skills
and linguistic abilities in languages designated pursuant to Section
11435.40, for purposes of medical examinations conducted pursuant to
proceedings of the Workers’ Compensation Appeals Board, and medical
examinations conducted pursuant to Division 4 (commencing with
Section 3200) of the Labor Code. The independent testing
organization shall have no financial interest in the training of
interpreters or in the employment of interpreters for administrative
hearings.
(2) (A) A fee, as determined by the administrative director, shall
be collected from each interpreter seeking certification. The fee
shall not exceed the reasonable regulatory costs of administering the
testing and certification program and of publishing the list of
certified medical examination interpreters on the Division of Workers’
Compensation’s Internet Web site.
(B) If the administrative director chooses not to
administer the testing and certification program, the administrative
director shall contract with one or more independent organizations to
conduct testing and to certify the qualifications of medical
examination interpreters. The Legislature finds and
declares that the services described in this section are of such a
special and unique nature that they may be contracted out pursuant to
paragraph (3) of subdivision (b) of Section 19130. The Legislature
further finds and declares that the services described in this
section are a new state function pursuant to paragraph (2) of
subdivision (b) of Section 19130.
SEC. 4. Section 62.5 of the Labor Code is amended to read:
62.5. (a) (1) The Workers’ Compensation Administration Revolving
Fund is hereby created as a special account in the State Treasury.
Money in the fund may be expended by the department, upon
appropriation by the Legislature, for all of the following purposes,
and may not be used or borrowed for any other purpose:
(A) For the administration of the workers’ compensation program
set forth in this division and Division 4 (commencing with Section
3200), other than the activities financed pursuant to paragraph (2)
of subdivision (a) of Section 3702.5.
(B) For the Return-to-Work Program set forth in Section 139.48.
(C) For the enforcement of the insurance coverage program
established and maintained by the Labor Commissioner pursuant to
Section 90.3.

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