SENATE JOINT MEMORIAL 13

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Bernadette M. Sanchez

A JOINT MEMORIAL

REQUESTING THE DEPARTMENT OF HEALTH TO STUDY THE CULTURAL AND LINGUISTIC ISSUES RELATING TO HEALTH CARE COVERAGE AND ACCESS BARRIERS, CLINICAL TRIALS AND RESEARCH PROJECTS INVOLVING HUMAN SUBJECTS AND THE CURRICULA IN HEALTH CARE EDUCATION AND TRAINING.

     WHEREAS, "limited English proficient patients" refers to patients who speak a primary language other than English and who cannot speak English at all or speak English so poorly that they cannot communicate in English without assistance; and

     WHEREAS, language services can significantly reduce language barriers to health care; and

     WHEREAS, the population most vulnerable to cultural and linguistic barriers in accessing health care includes the elderly, the poor and patients who have below-average health care visits; and

     WHEREAS, pursuant to Section 9-7-11.1 NMSA 1978, it is the policy of the state that basic health services be available, accessible, acceptable and culturally appropriate for all New Mexicans, regardless of financial status; and

     WHEREAS, state educational institutions have a responsibility to not only educate and train students but to provide education and training that is specific to the culturally and linguistically diverse groups in the state; and

     WHEREAS, it is the policy of the national institutes of health that women and members of minority groups and their subpopulations must be included in all national institutes of health supported biomedical and behavioral health research projects involving human subjects, unless there exists a clear and compelling rationale and justification for their exclusion;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of health, in conjunction with the New Mexico health policy commission, be requested to study the linguistic and cultural barriers that adversely impact the ability of limited English proficient patients and minorities to obtain appropriate health care coverage and access; and

     BE IT FURTHER RESOLVED that the department of health, in conjunction with the university of New Mexico school of medicine, be requested to study the appropriate representation of limited English proficient patients and minorities in clinical trials or research projects involving human subjects, including a review of informed consent, language translation and efficacy based on age, gender and ethnicity; and

     BE IT FURTHER RESOLVED that the department of health, in conjunction with the regulation and licensing department, the New Mexico medical board, the board of nursing and other health care provider boards, be requested to research the existing cultural and linguistic curricula in health care provider education and training and make recommendations for substantively improving the curricula provided by state post-secondary educational institutions for such education and training; and

     BE IT FURTHER RESOLVED that the department of health present its findings and recommendations to the legislative health and human services committee and the legislative finance committee by October 1, 2004; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the department of health, the New Mexico health policy commission and the regulation and licensing department; and

     BE IT FURTHER RESOLVED that a copy of the final report of the department of health be transmitted to the legislative council service library.

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