Chapter 164
2015 -- H 5695 SUBSTITUTE A
Enacted 07/09/2015

A N   A C T
RELATING TO BUSINESSES AND PROFESSIONS - INTERPRETERS FOR THE DEAF

Introduced By: Representatives Handy, Jacquard, Naughton, Maldonado, and Messier
Date Introduced: February 26, 2015

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 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 require, and are
entitled to to, competent, reliable reliable, interpreting services, and that the availability of
competent, reliable, credentialed credentialed, interpreting services are is 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 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 hard-of-hearing, 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) subdivisions (10), (11), (14), and (15).
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
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
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 department, with the assistance of the board board, shall
administer, coordinate 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 that 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.
      (d) The department 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, 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 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, chapter 46
of title 42, chapter 14 of title 36, and chapter 2 of title 38, 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. chapter 46 of title 42, chapter 14 of title 36, and chapter 2
of title 38.
      (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
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 a background check 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
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 address, shall promptly notify the department of said change in
home or office address, 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
July 1st, pay the department a license renewal fee, as set forth in § 23-1-54 § 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, 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, 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,
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
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 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 violating 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 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.
      (4) Nonlicensed individuals who are certified members of the Registry of Interpreters for
the Deaf, Inc., (RID) its successor agency 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; R.I. Const. Art. I, Sec. II; chapter 87 of title 42, 42; chapter 24 of title 11,
11; chapter 5 of title 28, 28; § 42-46-13; § 8-5-8, § 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
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 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
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 testimony, to disclose any confidential
communication, communication properly entrusted to him or her in his or her professional
capacity, 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, discipline without the consent of the
person making the communication.
     SECTION 3. This act shall take effect upon passage.
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LC001304/SUB A
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