§ 6829. Interpretation and translation requirements for prescription\ndrugs and standardized medication labeling. 1. For the purposes of this\nsection, the following terms shall have the following meanings: (a)\n"Covered pharmacy" means any pharmacy that is part of a group of eight\nor more pharmacies, located within New York state and owned by the same\ncorporate entity. For purposes of this section, "corporate entity" shall\ninclude related subsidiaries, affiliates, successors, or assignees doing\nbusiness as or operating under a common name or trading symbol.\n (b) "Limited English proficient individual" or "LEP individual" means\nan individual who identifies as being, or is evidently, unable to speak,\nread or write English at a level that permits such individual to\nunderstand health-related and pharmaceutical information communicated in\nEnglish.\n (c) "Translation" shall mean the conversion of a written text from one\nlanguage into an equivalent written text in another language by an\nindividual competent to do so and utilizing all necessary pharmaceutical\nand health-related terminology. Such translation may occur, where\nappropriate, in a separate document provided to an LEP individual that\naccompanies his or her medication.\n (d) "Competent oral interpretation" means oral communication in which\na person acting as an interpreter comprehends a message and re-expresses\nthat message accurately in another language, utilizing all necessary\npharmaceutical and health-related terminology, so as to enable an LEP\nindividual to receive all necessary information in the LEP individual's\npreferred pharmacy primary language.\n (e) "Pharmacy primary languages" shall mean those languages spoken by\none percent or more of the population, as determined by the U.S. Census,\nfor each region, as established by regulations promulgated pursuant to\nthis section, provided, however, that the regulations shall not require\ntranslation or competent oral interpretation of more than seven\nlanguages in any region.\n (f) "Mail order pharmacy" shall mean a pharmacy that dispenses most of\nits prescriptions through the United States postal service or other\ndelivery system.\n 2. (a) Every covered pharmacy shall provide free, competent oral\ninterpretation services and translation services to each LEP individual\nrequesting such services or filling a prescription that indicates that\nthe individual is limited English proficient at such covered pharmacy in\nthe LEP individual's preferred pharmacy primary language for the\npurposes of counseling such individual about his or her prescription\nmedications or when soliciting information necessary to maintain a\npatient medication profile, unless the LEP individual is offered and\nrefuses such services.\n (b) Every covered pharmacy shall provide free, competent oral\ninterpretation services and translation services of prescription\nmedication labels, warning labels and other written material to each LEP\nindividual filling a prescription at such covered pharmacy, unless the\nLEP individual is offered and refuses such services or the medication\nlabel, warning labels and other written materials have already been\ntranslated into the language spoken by the LEP individual.\n (c) The services required by this section may be provided by a staff\nmember of the pharmacy or a third-party contractor. Such services must\nbe provided on an immediate basis but need not be provided in-person or\nface-to-face in order to meet the requirements of this section.\n 3. Every covered pharmacy shall conspicuously post, at or adjacent to\neach counter over which prescription drugs are sold, a notification of\nthe right to free, competent oral interpretation services and\ntranslation services for limited English proficient individuals as\nprovided for in subdivision two of this section. Such notifications\nshall be provided in the pharmacy primary languages. The size, style and\nplacement of such notice shall be de
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