California Bilingual Prescription Label Update

How often are pharmacy prescription label instructions translated incorrectly?

Should pharmacists who are fluent only in English be required to fill prescriptions with instructions in a foreign language?

Who counsels the non-English speaking patients regarding their prescription(s) and/or side effects of the medication(s)?

Who is ultimately liable for the incorrect translated instructions in the event there is an error?

As discussed previously on the Baer Law Blog, California is reviewing legislation that would require pharmacies to provide prescription instructions in languages other than English. The proposed legislation is currently under consideration by the California Board of Pharmacy (Board) and a decision may be available in early 2015.

Proponents argue that English only prescription labels contribute directly to medication nonadherence and poor patient outcomes in the estimated forty-four percent of California residents who speak a language other than English at home.

Presently, the Board’s website offers prescription label translations for the most common medication instructions in Spanish, Chinese, Vietnamese, Korean, and Russian. The language translations assist pharmacists in clarifying medication instructions for non-English speaking patients, but are not presently required on prescription labels.

While translated labels may improve adherence and outcomes, pharmacists remain concerned with the accuracy of translated labels and numerous liability issues surrounding such translations.

One of the strongest pharmacist arguments is: If I cannot read what is on the prescription label, how can I be certain the patient is receiving the correct directions or instructions.

All in all, if pharmacists are directed to use board approved translations on prescriptions labels, waiver of liability provisions will be a topic of discussion as pharmacists and pharmacies want to ensure they are not liable for third-party translation errors in the event that there is a mistake that can be traced back to incorrect instructions or information on the label.