; and (4) utilize only qualified interpreters for an individual with limited-English proficiency or qualified translators, as defined in section 3400 of the Public Health Service Act. (b) Exemptions The requirements of subsection (a)(4) shall not apply as follows: (1) When a patient (who has been informed in his or her primary language of the availability of free interpreter and translation services) requests the use of family, friends, or other persons untrained in interpretation or translation if the following conditions are met: (A) The interpreter requested by the patient is over the age of 18. (B) The recipient informs the patient that he or she has the option of having the recipient provide an interpreter for him or her without charge, or of using his or her own interpreter. (C) The recipient informs the patient that the recipient may not require an LEP person to use a family member or friend as an interpreter. (D) The recipient evaluates whether the person the patient wishes to use as an interpreter is competent. If the recipient has reason to believe that the interpreter is not competent, the recipient provides the recipient’s own interpreter to protect the recipient from liability if the patient’s interpreter is later found not competent. (E) If the recipient has reason to believe that there is a conflict of interest between the interpreter and patient, the recipient may not use the patient’s interpreter. (F) The recipient has the patient sign a waiver, witnessed by at least 1 individual not related to the patient, that includes the information stated in subparagraphs (A) through (E) and is translated into the patient’s language. (2) When a medical emergency exists and the delay directly associated with obtaining competent interpreter or translation services would jeopardize the health of the patient, but only until a competent interpreter or translation service is available. (c) Rule of construction Subsection (b)(2) shall not be construed to mean that emergency rooms or similar entities that regularly