2015 -- S 0478

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LC001268

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - INTERPRETERS FOR THE DEAF

     Introduced By: Senators Walaska, Felag, Ciccone, and McCaffrey

     Date Introduced: February 26, 2015

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 5-71 of the General Laws entitled "Interpreters for the

Deaf" is hereby amended to read as follows:

CHAPTER 5-71

Interpreters for the Deaf

CHAPTER 5-71

LICENSURE OF INTERPRETERS FOR THE DEAF

     SECTION 2. Sections 5-71-2, 5-71-3, 5-71-5, 5-71-8, 5-71-9, 5-71-13, 5-71-15, 5-71-16

and 5-71-18 of the General Laws in Chapter 5-71 entitled "Interpreters for the Deaf" are hereby

amended to read as follows:

     5-71-2. Declaration of policy and statement of purpose. -- (a) It is declared the policy

of the state that the practice of interpreting and the practice of transliterating affects, including,

but not limited to, the public health, safety, welfare, civic, economic, social, academic and

recreational aspects of life, and shall be subject to licensure and regulation in the public's interest.

It is further declared that:

      (1) Individuals who are deaf, deaf-blind, hard of hearing or other individuals with

disabilities whose primary language is sign language have a civil right to effective

communication;

      (2) Consumers and those with whom they communicate require and are entitled to

competent, reliable interpreting services, and that the availability of competent, reliable,

credentialed interpreting services are necessary for consumers to realize their right to full and

equal participation in society.

      (b) A purpose of this chapter is to provide minimum qualifications for interpreters and to

ensure the health, safety and welfare of the public.

     5-71-3. Definitions. -- (1) "Board" means the state board of examiners for interpreters for

the deaf.

      (2) "Certified" means any person individual who is a certified member of the Registry of

Interpreters for the Deaf, Inc., (RID), its successor agency or other agencies as approved by the

department in consultation with the board.

     (3) "Certified deaf interpreter", "deaf interpreter" or "deaf intermediary interpreter"

means any individual who is deaf or hard of hearing and who is a certified member of the

Registry of Interpreters for the Deaf, Inc. (RID) or its successor agency approved by the

department in consultation with the board.

      (3)(4) "Consumer" is an individual who is deaf, deaf-blind, hard of hearing, hearing or

other an individual with disabilities whose primary language is sign language (e.g., American

Sign Language, manually coded sign systems). a disability who does not share a common means

of communication. This may include, without limitation, American Sign Language (ASL), visual,

gestural, auditory and tactile mode of communication.

     (4)(5) "Department" means the Rhode Island department of health.

     (5)(6) "Director" means the director of the department of health.

     (6)(7) "Educational Interpreter for the Deaf" means an individual who has specialized

licensure certification (elementary and secondary education for grades kindergarten (K) through

twelve (12)) and is a certified member of RID or its successor agency approved by the department

in consultation with the board in the provision of sign language interpreting to students who are

deaf, hard-of-hearing or deaf-blind in grades preschool through twelve (12).

     (7)(8) "Emergency" means an urgent circumstance that demands immediate action in

order for a consumer to avoid imminent harm or loss. In the event of an emergency, the consumer

may elect to use the services of a nonlicensed interpreter or transliterator as set forth in

regulations promulgated by the department.

      (8)(9) "Interpreter for the deaf" means any person who engages in the practice of

interpreting for the deaf as defined in subsection (9) subsections (10), (11), (14) and (15) of this

section below.

      (9) "Interpreter trainee" and "interpreter student" means any person, meeting the

minimum requirements established by the department in consultation with the board who is

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currently enrolled in a nationally accredited interpreter training program and participating in the

practicum portion of their studies.

      (10) "Interpreting for the deaf" means conveying spoken English into American Sign

Language (ASL) (voice-to-sign) or conveying American Sign Language into English (sign-to-

voice), or interpreting English to and/or from a visual gestural system. Such practice shall not

include transliterating for the deaf.

     (11) "Intermediary interpreting" means interpreting services rendered by a deaf person to

facilitate communication between another deaf person and a licensed interpreter.

     (11)(12) "Screened interpreter or transliterator for the deaf" means any person who

presents proof of an active state screening or its equivalent and presents proof of successful

completion of an examination as approved by the department in consultation with the board.

      (12) "Transliterator for the deaf" means any person who engages in the practice of

transliterating for the deaf as defined in subsection (13) below.

     (13) "Screened deaf interpreter" means any person who is deaf or hard of hearing and

who presents proof of an active state screening or its equivalent and presents proof of successful

completion of an examination as approved by the department in consultation with the board.

     (13)(14) "Transliterating for the deaf" means conveying spoken English into Manually

coded English (voice-to-sign), or conveying manually coded English into spoken English (sign-

to-voice), or conveying English on the lips so that it is accessible to speech reading (i.e. e.g. oral

transliterating, or any auditory communication as a visual form in English such as cued speech).

Such practice shall not include interpreting for the deaf.

     (15) "Deaf-blind interpreting" means linguistic information through sign language

acquired by individuals who are deaf-blind through their preferred methods depending on the

causes of their combined vision and hearing loss, their background, and their education, such as

close-vision interpreting and tactile interpreting, while spoken language is conveyed into sign

language (e.g. ASL), and sign language (ASL) is conveyed into spoken language.

     5-71-5. Board of examiners -- Duties and powers -- Meetings -- Compensation of

members. -- (a) The department with the assistance of the board shall administer, coordinate and

enforce the provisions of this chapter, evaluate the qualifications of applicants, and may issue

subpoenas, examine witnesses, and administer oaths, and investigate persons engaging in

practices which violate the provisions of this chapter.

      (b) The department shall conduct hearings and shall keep records and minutes that are

necessary for the orderly dispatch of business.

      (c) The department shall hold public hearings regarding rules and regulations.

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      (d) The department in consultation with the board, in accordance with the rule-making

provisions of the "Administrative Procedures Act", (chapter 35 of title 42), shall adopt

responsible rules and regulations, and may amend or repeal those rules and regulations.

Following their adoption, the rules and regulations shall govern and control the professional

conduct of every person who holds a license to practice interpreting or transliterating for the deaf

in the state of Rhode Island.

      (e) Regular meetings of the board shall be held, and special meetings may be held upon

the call of the chairperson as necessary to deal with such issues as violations of this chapter;

provided, that at least one regular meeting is held each calendar year.

      (f) The conferral or enumeration of specific powers in this chapter shall not be construed

as a limitation of the general powers conferred by the section. No member of the board shall be

liable to civil action for any act performed in good faith in the performance of his or her duties as

prescribed by this chapter.

      (g) Board members shall serve on an honorable basis without compensation.

      (h) The board may request legal advice and assistance from the appropriate legal officer.

      (i) The board shall conduct a training course for newly appointed and qualified members

within six (6) months of their appointment. The course shall be developed and conducted by the

chair of the commission board, approved by the commission department, and shall include

instruction in the subject areas of this chapter, and chapters 42-46, 36-14, and 38-2, and the

commission's board's rules and regulations. The director of the department of administration

health shall, within ninety (90) days of March 29, 2006, prepare and disseminate training

materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

      (j) Within ninety (90) days after the end of each fiscal year, the board shall approve and

submit an annual report to the governor, the speaker of the house of representatives, the president

of the senate, and the secretary of state of its activities during that fiscal year. The report shall

provide: an operating statement summarizing meetings or hearings held, including meeting

minutes, subjects addressed, decisions rendered, licenses considered and their dispositions, rules

or regulations promulgated, studies conducted, policies and plans developed, approved or

modified, and programs administered or initiated; a consolidated financial statement of all funds

received and expended including the source of the funds, a listing of any staff supported by these

funds, and a summary of any clerical, administrative or technical support received; a summary of

performance during the previous fiscal year including accomplishments, shortcomings and

remedies; a synopsis of hearings, complaints, suspensions or other legal matters related to the

authority of the board; a summary of any training courses held pursuant to the provisions of

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paragraph 5-71-5(i); a briefing on anticipated activities in the upcoming fiscal year; and findings

and recommendations for improvements. The report shall be posted electronically on the general

assembly and the secretary of state's websites as prescribed in § 42-20-8.2. The director of the

department of administration health shall be responsible for the enforcement of this provision.

     5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by

the board as an interpreter for the deaf or transliterator for the deaf, or educational interpreter for

the deaf, the applicant must submit written evidence on forms furnished by the department,

verified by oath, that the applicant meets all of the following requirements:

      (1) Is of good moral character;

      (2) Meets the certification or screened requirements as defined in regulations

promulgated by the department or meets the certification requirements set forth by RID or its

successor agency approved by the department in consultation with the board; and

      (3) Pays the department a license fee as set forth in § 23-1-54.;

     (4) Adheres to the National Association of the Deaf (NAD), the Registry of Interpreters

for the Deaf, Inc.,(RID) code of professional conduct; and

     (5) Provides verification of no criminal background with the bureau of criminal

investigation in the office of attorney general at the time of the initial application for license.

     (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the

applicant must meet all of the requirements as described in subsection (a) and must further

present proof of successful completion of the educational interpreter performance assessment

(EIPA), written and performance tests, or a similar test as approved by the board, at a

performance level established by the board.

     (c) An individual whose license, certification, permit, or equivalent form of permission

issued within another state has been revoked, suspended or currently placed on probation shall

not be eligible for consideration for licensure unless they have first disclosed to the department

about such disciplinary actions.

     5-71-9. Licensure and regulations of interpreters for the deaf. -- (a) Licensure shall be

granted in either transliterating or interpreting independently when a person meets the

certification requirements as defined in regulations promulgated by the department. A person may

be licensed in both areas only needs one license under "certified" or "screened" if he or she is

qualified as defined in subsection 5-71-8(a) and recognized by the RID and the NAD, or its

successor agency approved by the department in consultation with the board as outlined in § 5-

71-3.

      (b) No person shall practice or hold him or herself out as being able to practice

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interpreting, for the deaf, or transliterating for the deaf, or educational interpreting, for the deaf or

intermediary interpreting as defined in § 5-71-3 unless he or she shall be licensed in accordance

with the provisions of this chapter. No person shall hold himself or herself out as being an

educational interpreter for the deaf as defined in § 5-71-3 unless he or she is licensed in

accordance with the provisions of this chapter.

      (c) Each All licensed interpreter for the deaf interpreters upon commencing to practice,

and upon any change in address shall promptly notify the department of said change in home or

office address, and shall furnish any other information to the department that it may require.

Every All licensed interpreter for the deaf interpreters shall annually, before July 1st pay the

department a license renewal fee, as set forth in § 23-1-54 for each license, corresponding to the

area under which the person is practicing. The department may suspend the authority of any

licensed interpreter for the deaf to practice for failure to comply with any of the requirements of

this chapter or the regulations promulgated thereunder. The department makes available for

public inspection, a complete list of the names of all interpreters for the deaf licensed and

practicing in the state.

      (d) Three (3) types of licensure may be issued to interpreters and or transliterators for the

deaf:

      (1) A certified license shall be granted to interpreters or transliterators who have met the

certification requirements as set forth in regulations promulgated by the department. The two (2)

licenses under "certified" are called "certified interpreter" and "certified deaf interpreter";

      (2) A screened license of limited duration determined by the board shall be granted to

interpreters who have met the educational requirements as set forth in regulations promulgated by

the department, and who have successfully completed a recognized state screening or state

equivalent as determined by the department in consultation with the board. The two (2) licenses

under "screened" are called "screened interpreter" and "screened deaf interpreter"; and

      (3) Beginning July 1, 2012, an An educational interpreter license may be granted to

interpreters or transliterators who meet the requirements of subsection 5-71-8(b). This license is

called "educational interpreter".

      (e) All certified licensed interpreters shall be required to complete continuing education,

as set forth in regulations promulgated by the department by RID, or its successor agency

approved by the department in consultation with the board. All licensed screened interpreters

shall be required to complete continuing education, as set forth in the regulations promulgated by

the department.

     5-71-13. Grounds for suspension or revocation of licenses. -- (a) The board may

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recommend to the director of the department of health the issuance, renewal, or revocation of a

license, or suspension, placement on probation, censure or reprimand a licensee, or any other

disciplinary action that the board may deem appropriate, for conduct that may result from, but not

necessarily be limited to:

      (1) Obtaining his or her license by means of fraud, misrepresentation, or concealment of

material facts;

      (2) Being guilty of fraud, misrepresentation, concealment or material misstatement of

facts or deceit in connection with his or her services rendered as an interpreter for the deaf,

transliterator for the deaf, or educational interpreter for the deaf;

      (3) Being guilty of unprofessional conduct as defined by the rules established by the

department in consultation with the board, and/or has violated any standard of professional or

ethical conduct adopted by the National Registry of Interpreters for the Deaf;

      (4) Violating the continuing education requirements of this chapter as defined in

subsection 5-71-9(d)(e), and rules and regulations as promulgated by the department;

      (5) Violating any lawful order, or any provision of this chapter or of the rules or

regulations promulgated in this chapter;

      (6) Aiding or assisting another person in violating any provision of this chapter or any

rule or regulation adopted under this chapter;

      (7) Departure from or failure to conform to the current standards of acceptable and

prevailing practice of interpreting for the deaf.

      (b) Working under a license that is expired or on inactive status, working under a license

when certification is expired or on inactive status, and practicing interpreting without being

exempt under chapter 5-71 § 5-71-10 shall be considered to be practicing without a license.

      (c) The department shall respond to all recommendations from the board under this

section within thirty (30) calendar days.

     5-71-15. Persons and practices exempted. -- The provisions of this chapter do not apply

to:

      (1) Any certified interpreter and any certified deaf interpreter working as an interpreter

or a transliterator in court.

      (2) Certified interpreters or transliterators and certified deaf interpreters performing as

volunteers without compensation.

      (3) Certified interpreters or transliterators and any certified deaf interpreters performing

in an emergency as defined in subsection 5-71-3(6)(8) and as set forth in regulations promulgated

by the department.

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      (4) Nonlicensed individuals who are certified members of the Registry of Interpreters for

the Deaf, Inc., (RID) its successor agency or other agency as approved by the department in

consultation with the board, who may provide services for a maximum of twenty-five (25) hours

per calendar year.

     5-71-16. Relationship to other civil rights laws. -- (a) This chapter does not limit or

qualify the rights of employees with disabilities nor consumers, including, but not limited to,

interpreter services, or the duties of providers to provide accommodations, auxiliary aids, or

services, pursuant to 42 U.S.C. § 12201, et seq., 29 U.S.C. § 794, article 1, § 2 of the Rhode

Island constitution; chapter 87 of title 42, chapter 24 of title 11, chapter 5 of title 28, § 42-46-13;

§ 8-5-8, § 9-9-1.2 or other applicable federal or state law.

      (b) The obligations of these cited federal or state civil rights laws include, but are not

limited to:

      (1) A state and local governmental agency's taking appropriate steps to ensure that

communications with applicants, participants, employees, and members of the public with

disabilities are as effective as communications with others. State and local governmental agencies

shall furnish appropriate auxiliary aids and services where necessary to afford an individual with

a disability an equal opportunity to participate in and enjoy the benefits of a service, program or

activity conducted by a state or local governmental agency and shall include the use of certified

deaf interpreters in legal proceedings. In determining what type of auxiliary aid or service is

necessary, a state or local governmental agency shall give primary consideration to the requests

of the individual;

      (2) A public accommodation taking those steps that may be necessary to ensure that no

individual with a disability is excluded, denied services, segregated or treated differently than

other individuals because of the absence of auxiliary aids and services, unless the public

accommodations can demonstrate that taking those steps would fundamentally alter the nature of

the goods, services, facilities, privileges, advantages, or accommodations being offered or would

result in an undue burden, i.e., significant difficulty or expense. A public accommodation shall

furnish appropriate auxiliary aids and services where necessary to ensure effective

communication with individuals with disabilities; and

      (3) An employer and/or employment agency making reasonable accommodations,

including the provision of interpreters for the deaf, for their employees with disabilities where

necessary to ensure effective communication with individuals with disabilities.

     5-71-18. Privileged communications. -- In the trial of every cause, both civil and

criminal, no licensed interpreter for the deaf shall be competent to testify concerning any

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statement made to him or her in connection with the interpreter's interpretation or transliteration

for the deaf, without the consent of the person making the statement. No duly licensed interpreter

for the deaf shall be allowed, in giving testimony to disclose any confidential communication,

properly entrusted to him or her in his or her professional capacity, and necessary and proper to

enable him or her to discharge the functions of his or her office in the usual course of practice or

discipline, without the consent of the person making the communication.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - INTERPRETERS FOR THE DEAF

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     This act would amend the chapter on licensure to include new definitions that establish

qualifications for new categories such as "certified deaf interpreters", "screened deaf interpreters"

"intermediary interpreters", "deaf-blind interpreters" and "educational interpreters" in order to

serve those needing additional alternate forms of communication such as sign language, visual,

gestural, auditory and tactile methods of communication. In addition, it would update the

requirements for licensing by requiring that applicants obtain a BCI check, adhere to a code of

professional conduct and disclose prior disciplinary action taken against them.

     This act would take effect upon passage.

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