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:

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

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Deaf" is hereby amended to read as follows:

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CHAPTER 5-71

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Interpreters for the Deaf

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CHAPTER 5-71

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LICENSURE OF INTERPRETERS FOR THE DEAF

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     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

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

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amended to read as follows:

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

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

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

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

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It is further declared that:

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

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

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communication;

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

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

 

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

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equal participation in society.

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

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ensure the health, safety and welfare of the public.

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

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the deaf.

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

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

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department in consultation with the board.

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

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

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

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department in consultation with the board.

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

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

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

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

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gestural, auditory and tactile mode of communication.

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

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

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

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

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

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

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

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

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

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

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regulations promulgated by the department.

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

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

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section below.

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

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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

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practicum portion of their studies.

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

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

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

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include transliterating for the deaf.

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

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facilitate communication between another deaf person and a licensed interpreter.

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

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

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

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

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

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

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

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

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

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

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

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

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Such practice shall not include interpreting for the deaf.

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

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

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

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

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

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

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

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

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

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practices which violate the provisions of this chapter.

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

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necessary for the orderly dispatch of business.

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      (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

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

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

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

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

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in the state of Rhode Island.

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

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

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

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

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

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

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prescribed by this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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performance during the previous fiscal year including accomplishments, shortcomings and

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

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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

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

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

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

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

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

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

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

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      (1) Is of good moral character;

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

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

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

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

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

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

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

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

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

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

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present proof of successful completion of the educational interpreter performance assessment

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

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performance level established by the board.

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

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

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

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about such disciplinary actions.

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

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

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

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

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

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

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71-3.

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      (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

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

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

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

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accordance with the provisions of this chapter.

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

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

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

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

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

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

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

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

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

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practicing in the state.

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

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deaf:

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

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

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

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

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

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

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

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

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

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

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called "educational interpreter".

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

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

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

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

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the department.

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     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

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

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

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necessarily be limited to:

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

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material facts;

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

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

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

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

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

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

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

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

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

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regulations promulgated in this chapter;

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

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rule or regulation adopted under this chapter;

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

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prevailing practice of interpreting for the deaf.

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

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

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

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

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section within thirty (30) calendar days.

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

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to:

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

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or a transliterator in court.

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

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volunteers without compensation.

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

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

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by the department.

 

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

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

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

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per calendar year.

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

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

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

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

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

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

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

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limited to:

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

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

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

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

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

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

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

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

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of the individual;

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

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

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

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

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

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

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furnish appropriate auxiliary aids and services where necessary to ensure effective

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communication with individuals with disabilities; and

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

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

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necessary to ensure effective communication with individuals with disabilities.

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

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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

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

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

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

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

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

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     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

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

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

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

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

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

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professional conduct and disclose prior disciplinary action taken against them.

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     This act would take effect upon passage.

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