**FOR IMMEDIATE RELEASE**
August 20, 2009
Release #: 10-2009
PA Gotbaum, Councilmember Gioia and Advocates Urge Council to Pass Bill Today That Will Help Give Equal Access to Pharmacy Services for All New Yorkers
MANHATTAN - Public Advocate Gotbaum, Councilmember Gioia, Make the Road New York, and New York Lawyers for the Public Interest today urged the City Council to pass the Language Access Pharmacies Act (LAPA) that will ensure that pharmacies provide translation services to New Yorkers with limited English proficiency (LEP).
The bill requires every chain pharmacy to provide free translation and oral interpretation of prescription medication labels, warning labels and patient information sheets to each LEP individual filling a prescription. The bill stipulates that the chain pharmacy must translate medical instructions into the seven languages most commonly spoken by LEP individuals in New York City, as determined biennially by the Department of City Planning based on data from the American Community Survey.
New York City has over 1.8 million residents with LEP. Many of these LEP New Yorkers could be putting their lives at risk by taking prescription medications without a clear understanding of the directions and warnings associated with their use.
Public Advocate Betsy Gotbaum said, "If even a few words of vital medical instruction are lost on a patient, the result can be disastrous. Across the city, New Yorkers with limited English proficiency are in danger of misreading prescriptions labels and incorrectly taking medications. My bill ensures that all New Yorkers have access to the prescription translation services they need to make safe medical choices. I would like to thank the advocates for their work on this issue and I am confident that the City Council will vote to make this common sense bill a reality for New Yorkers."
Councilmember Eric Gioia said, "This bill is a common sense solution to a longstanding danger for too many New Yorkers. We need to make sure that all New Yorkers can understand and read their medications - and this was not happening. Especially for a city as diverse as New York, this is very important legislation that will help people live fuller and healthier lives."
Theo Oshiro, Director of Health Advocacy, Make the Road New York said, "Medications can be dangerous if not taken correctly. Unfortunately, too many limited English proficient New Yorkers put their lives at risk every day by not getting medication information in a language they can understand. Once passed, the Language Access in Pharmacies Act will ensure that all New Yorkers, regardless of the language they speak, can take their medications safely. We are confident that the City Council and the Mayor will pass this law that is so vital to public safety."
Nisha Agarwal, Director of the Health Justice Program at New York Lawyers for the Public Interest said, "Many pharmacies in New York have been systematically depriving non-English speakers equal access to prescription medication. This law--the first of its kind in the country--provides an enforcement mechanism that will adequately punish violating pharmacies for their neglect."
Dr. Johnny Lee, board member for the New York City division of the American Heart Association said, "The American Heart Association strongly opposes any and all barriers that make it difficult to gain access to medical professionals. The last thing we would want to see is a patient not seek the appropriate preventive care or fully understand the sensitivities around their heart medication. Both scenarios are equally destructive in the American Heart Association's mission to assist individuals in living a life free of cardiovascular disease and stroke."
Pharmacies are currently not required to provide translation services for their customers. This lack of service can be especially dangerous for the large LEP population. Upon enactment, the law will take effect in 180 days.
A 2006 study of language access in NYC pharmacies conducted by the New York Academy of Medicine found that 88% of pharmacies encountered LEP patients on a daily basis. However, only 34 percent reported translating labels daily, despite 80 percent reporting the ability to do so. Another 26 percent never translate labels.
The New York State Attorney General's Office announced in May that they have signed settlement agreements with Walmart, Target, Costco, Duane Reade and A&P, which owns Pathmark, Super Fresh and Food Emporium to provide language assistance services to LEP customers. In November 2008, the New York State Attorney General's Office announced similar settlement agreements with CVS and Rite Aid. However, these agreements are time-limited, and will expire. The Language Access in Pharmacies Act, once passed, will not expire.
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