It is enacted by the General Assembly as follows:

SECTION 1. Title 5 of the general laws entitled "Business and Professions" is hereby amended by adding thereto the following chapter:

{ADD 5-71-1. Short title. -- This act shall be known and may be cited as the "Licensure of Interpreters for the Deaf Act". ADD}

{ADD 5-71-2. Declaration of policy and statement of purpose. -- It is hereby declared to be a policy of the state that the practice of interpreting affects, including but not limited to the public health, safety, welfare, civic, economic, social, academic and recreational aspects of life, and is subject to licensure and regulation in the public's interest. It is further declared that:

(a) individuals who are deaf, hard of hearing or other individuals with disabilities who use special communication techniques in order to communicate and individuals whose primary language is sign language have a civil right to effective communication;

(b) 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.

A purpose of this chapter is to provide minimum qualfications for interpreters and to ensure that members of the interpreting profession perform with a high degree of competency. ADD}

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

(2) "Director" means the director of the department of health.

(3) The practice of "Interpreting for the deaf" means interpreting English into American Sign Language (ASL) or interpreting American Sign Language into English, or interpreting English to or from a visual gestural system.

(4) The practice of "Transliterating for the deaf" means transliterating English into Manually coded English such as Pidgin Signed English, or transliterating manually coded English into spoken English (sign-to-voice), or transliterating English to and or from a non-manual communication system such as Cued Speech.

Any such application that is represented to the public by title or by description of services, methods, or procedures for facilitating communication between signing and non-signing person is considered the practice of interpreting for the deaf. A practice is deemed to be the "practice of interpreting for the deaf" if services are offered under any title, similar titles, or description of services incorporating such words as "interpreter for the deaf", "signer", "ASL (American Sign Language) interpreter", or any similar titles or descriptions of services.

(5) "Interpreter for the Deaf" means any person who engages in the practice of interpreting or transliterating for the deaf as defined in subsections 3 and 4 above.

(6) "Interpreter trainee" and "interpreter student" means any person, meeting the minimum requirememts established by the state board of examiners for interpreting for the deaf who is currently enrolled in a recognized interpreter training program.

(7) "Special licenses" shall mean any specialized means of communicating with persons using sign language or non-sign language systems and shall include: "Tactile communication" (such as is used by deaf-blind persons), "Cued Speech" (an oral method utilizing hand cues for visually similar phonemes), "Oral interpreting" (which is non-manual and relies on speech and speechreading), or other specialized communication modalities utilized with deaf persons.

(8) "Consumer" is an individual who is deaf, hard of hearing or other individual with disabilities who use special communication techniques in order to communicate, and individuals whose primary language is sign language (e.g. American Sign Language, manually coded sign systems). ADD}

{ADD 5-71-4. Board of examiners -- Creation -- Compensation -- Appointment, terms and qualifications of members. -- There shall exist within the state department of health a board of examiners of interpreters for the deaf. The board shall consist of nine (9) persons who are residents of the state of Rhode Island for at least two (2) years prior to their appointments. Two (2) nationally certified interpreters, one (1) screened interpreter, one (1) interpreter eligible under section 5-71-12, three (3) consumers, one (1) special license holder and one (1) consumer of specialized communication modalities as defined in section 5-71-3. The certified members shall hold certification from the National Registry of Interpreters for the Deaf, and shall hold an active and valid license in this state, except for the first appointed members who shall be persons who have been engaged in rendering interpreting services for a period of at least five (5) years, and shall be qualified for license under the provisions of this chapter. The Screened member shall hold valid screening from a recognized state-screening, and shall hold an active and valid license in this state, except for the first appointed member who shall be a person who has been engaged in rendering interpreting services for a period of at least five (5) years, and shall be qualified for license under the provisions of this chapter. The special licensed member shall have expertise in one of the communication modalities defined in section 5-71-3 subsection (7), or another specialized communication modality. ADD} {ADD (a) The first board and all future members shall be appointed in the following manner:

(1) The speaker of the house shall appoint one (1) nationally certified interpreter member and one (1) consumer member upon the advice of deaf consumer organizations such as the Rhode Island Association of the Deaf.

(2) The senate majority leader shall appoint one (1) nationally certified interpreter member, one (1) consumer member upon the advice of deaf consumer organizations, and one (1) parent of a deaf or hard of hearing child;

(3) The house minority leader shall appoint the grandparent interpreter eligible under section 5-71-12; and

(4) The governor shall appoint the screened interpreter member, one (1) special license holder, and one (1) consumer of specialized communication modalities upon the advice of organizations of persons who utilize interpreters for the deaf to facilitate communication.

(b) Initially:

(1) The two (2) nationally certified interpreters and the consumer of specialized communication modalities members of the board shall serve for a term of one (1) year;

(2) the screened interpreter member, and the consumer members appointed by the speaker and the senate majority leader shall serve for a term of two (2) years; and

(3) the grandparent interpreter member, the parent member, and the special license holder member shall serve for a term of three (3) years.

(c) All appointments made thereafter shall be for the term of three (3) years. Members shall serve until the expiration of the term for which they have been appointed or until their successor has been appointed. No person shall be appointed to serve more than two (2) consecutive terms. When a vacancy upon the board occurs, a replacement shall be appointed for the remainder of that term as prescribed in this section.

(d) The board shall reorganize annually during the month of December and elect a chairperson and vice chairperson for the subsequent calendar year.

(e) Five (5) members of the board shall constitute a quorum to do business. ADD}

{ADD (f) The director of the department of health, with the approval of the governor may remove any member of the board for dishonorable conduct, incompetency, or neglect of duty. ADD}

{ADD 5-71-5. Board of examiners -- Duties and powers -- Meetings -- Compensation of members: -- (a) 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 shall investigate persons engaging in practices which violate the provisions of this chapter.

(b) The board shall conduct such hearings and keep such records and minutes as shall be necessary for the orderly dispatch of business.

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

(d) The board shall, with the approval of the director of the department of health, in accordance with the rule-making provisions of chapter 35 of title 42 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. Rules and regulations shall be kept on file within the department of health, division of licensure and regulation, and be available for public inspection.

(e) The examination instrument used for testing will not be available for public inspection and may be changed as the board deems necessary.

(f) Every licensed interpreter for the deaf, upon commencing to practice, shall forthwith notify the board of his or her address or addresses. Every licensed interpreter for the deaf practicing as aforesaid shall annually, before July first (1st) pay to the board a license fee which shall not exceed thirty dollars ($30.00) commencing in January, 1998. Each licensed interpreter for the deaf shall promptly notify the board of any change in his/her office address or addresses, and shall furnish such other information to the board as it may require. The board may suspend the authority of any licensed interpreter for the deaf to practice for failure to comply with any of the above requirements. The board shall make available for public inspection, a complete list of the names of all interpreters for the deaf licensed and practicing in the state, arranged alphabetically by name.

(g) Regular meetings of the board shall be held at such time and places as it prescribes 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 (1) regular meeting be held each calendar year.

(h) The board shall have its first meeting on or before December 31, 1996, and have its rules and regulations, and written examination adopted no later than December 31, 1997. Licensure and examinations shall commence after January 1, 1998.

(i) The conferral or enumeration of specific powers elsewhere in this chapter shall not be construed as a limitation of the general powers conferred by this 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.

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

(k) The board may request legal advice and assistance from the appropriate legal officer. ADD}

{ADD 5-71-6. Board of examiners -- Seal -- Authentication of records. -- The board shall adopt the state seal by which it shall authenticate its proceedings. Copies of the proceedings, records and acts of the board, and certificates purporting to relate the facts concerning those proceedings, records, and acts, signed by the secretary and authenticated by that seal, shall be evidence in all courts of this state. ADD}

{ADD 5-71-7. Disposition of moneys received. -- All moneys received by the board shall be deposited in the treasury of the state. ADD}

{ADD 5-71-8. Qualifications of applicants for licenses. -- To be eligible for licensure by the board as an interpreter or transliterator for the deaf, the applicant must:

(a) submit an application indicating interpreting or transliterating experience, and

(b) Submit three (3) letters of recommendations, at least two (2) of which shall be from consumers attesting to the person's ethical behavior, and skills, as they relate to interpreting or translating for the deaf, and

(c) Submit written verification of successful completion of the national registry of interpreters for the deaf evaluation, or successful completion of a recognized state screening or state equivalent within the United States, and

(d) Present evidence of completion of course work in American sign language, deaf culture, and the code of ethics. Such course work may be completed as part of an interpreter training program, or through individual workshops sponsored by a recognized organization or agency or other training recognized by the national registry of interpreters for the deaf, or

(e) The board shall review each applicant as to his/her qualifications for the practice of interpreting or transliterating for the deaf. Interpreters and or transliterators who do not present evidence of completion of coursework in American sign language, deaf culture and the code of ethics, or who do not present evidence of successful completion of the national registry of interpreters for the deaf generalist written examination, shall be required to complete a written examination. The examination shall be devised or approved by the board, and shall include the areas that follow which contain categories of information on which the candidate shall be tested.

(1) Area A contains information that is concerned with American sign language. Separate examinations shall be given for interpreting and transliterating in area A. The examination in area A shall be concerned with material related to: (a) psychological and sociological aspects of language use; (b) language use, and non-language systems which are manually coded; (c) grammatical and psycholinguistic application of sign usage, and other related linguistic information the board shall deem necessary.

(2) Area B contains information that is concerned with deaf culture. The examination in area B shall be concerned with material related to: (a) the influence of educational experience and language; (b) cultural norms and mores; (c) psychological and sociological aspects of culture in the deaf community, and other related material the board shall deem necessary.

(3) Area C contains fields of information that are concerned with the code of ethics. The examination in area C shall be concerned with material related to: (a) the code of ethics for interpreters as established by the national registry of interpreters for the deaf; (b) the application of the code of ethics in the provision of interpreting or transliterating services, and other related ethics information the board shall deem necessary. ADD}

{ADD 5-71-9. Licensure and regulations of interpreters for the deaf. -- (a) Licensure shall be granted in either transliterating and interpreting independently. A person may be licensed in both areas if he or she is qualified as defined in section 5-71-8.

(b) No person shall practice or hold him or herself out as being able to practice interpreting or transliterating for the deaf as defined in section 5-71-3 unless he or she is licensed in accordance with the provisions of the laws of this chapter, after July 1, 1998.

(c) Three levels of licensure shall be granted to interpreters and or transliterators for the deaf.

(1) A certified license shall be granted to interpreters who have met the certification requirements of the national registry of interpreters for the deaf and are currently certified.

(2) A license shall be granted to interpreters who have met the educational requirements as defined in this chapter, and who have successfully completed a recognized state screening or state equivalent.

(3) A temporary license shall be granted to persons who are currently enrolled in a recognized interpreter training program to practice interpreting and transliterating. Persons who receive such temporary license shall be supervised by the interpreter training program. Such licensure is only valid while the person is enrolled as a student in said program and supervised by a nationally certified interpreter.

The distinction between certified licenses, registered licenses, and licenses is for the purpose of identifying to the public which interpreters hold a certification from the National Registry of Interpreters for the Deaf. This chapter does not impose any limits on the practice of certified licensees, registered licensees, or licensees.

(d) All licensed interpreters shall be required to complete continuing education, as prescribed by the national registry of interpreters for the deaf's certification maintenance program. The board of examiners may approve alternative courses as substitutes for the continuing education units, in order to maintain licensure. ADD}

{ADD 5-71-10. Reciprocity. -- The board shall recommend regulations providing for a procedure for waiver of the requirements of section 5-71-9 for applicants who hold a valid license, certificate, or equivalent issued within another state, provided that the requirements under which that license, certificate, or equivalent was issued, meet or exceed the standards required by this chapter with the approval of the director. ADD}

{ADD 5-71-11. National certification in lieu of course work--Special licenses. -- (a) The board shall accept current and valid certification from the national registry of interpreters for the deaf in lieu of the course work, written examination and screening or quality assurance testing. Interpreters or transliterators with such certification shall be granted certified license as an interpreter and/or transliterator for the deaf.

(b) Special licenses may be sought by persons dealing with specific communication modalities associated with the practice of interpreting or transliterating, as defined in section 5-71-3. The board may provide a special limited license for this practice of interpreting or transliterating to those claiming specific expertise in tactile communication, non-sign modalities such as cued speech, or oral interpreting. Such special licenses shall only be granted until such time as formal, generally recognized as evaluative methods for these modalities are instituted. Those special licenses will so state the limitations as to the specific modality for which the licensee claims expertise. Those licenses will come under the general terms of the laws and regulations created by this chapter except for the educational and evaluation section, but will not be required to demonstrate any knowledge or expertise in any other communication modality other than that which they claim as an area of specialty. The board shall establish separate educational requirements for specific modalities to assess the validity of the expertise claimed by the specialist.

(c) Students, who are enrolled in interpreter training programs shall apply for a temporary license which shall be valid while enrolled and practicing under the auspices of an interpreter training program recognized by the national registry of interpreters for the deaf. ADD}

{ADD 5-71-12. Grandparent licensing. -- (a) The first licenses granted by the board shall provide a specific period for experienced interpreters or transliterators who do not meet the evaluation or educational requirements, but have five (5) years of experience interpreting and or transliterating. Experience means a minimum of two hundred (200) hours of interpreting per year. Such persons shall be granted a registered license. These interpreters would not be required to complete the written examination, which would be waived for these interpreters, but would participate in the continuing education required for all licensed interpreters under this act. This registered license shall be valid for three (3) years and six (6) months, enabling the person to meet the requirements for licensure. At the end of this period, he/she must meet the evaluation requirements (i.e. certification or screening) established by this chapter and the board to obtain licensure.

Persons who have met the qualifications requirements as defined in this chapter, and who have written verification of passing a state screening or state equivalent, but who have not successfully passed the written and performance evaluation of the national registry of interpreters for the deaf shall be granted the license. ADD}

{ADD 5-71-13. Grounds for suspension or revocation of licenses. -- 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 such other disciplinary action as the board may deem appropriate, for conduct that may result from, but not necessarily be limited to:

(a) Obtained his/her license by means of fraud, misrepresentation, or concealment of material facts;

(b) Has been guilty of fraud, misrepresentation, concealment or material misstatement of facts or deceit in connection with his services rendered as an interpreter or transliterator for the deaf;

(c) Has been guilty of unprofessional conduct as defined by the rules established by the board, and/or has violated any standard of professional or ethical conduct adopted by the national registry of interpreters for the deaf;

(d) Has violated the continuing education requirements of this chapter as defined in section 5-71-9(d);

(e) Has violated any lawful order, or any provision of this chapter or of the rules or regulations promulgated herein;

(f) Aiding or assisting another person in violating any provision of this chapter or any rule or regulation adopted hereunder. ADD}

{ADD 5-71-14. Revocation and suspension procedure -- Appeals from initial and reinstatement decisions. -- (a) Notice in writing of a contemplated revocation or suspension of a license, of the particular cause therefore, and of the date of hearing thereon, shall be sent by registered or certified mail to the licensee at his or her last known address at least fifteen (15) days before the date of the hearing. The individual against whom a charge is filed shall have a right to appear before the board in person or by counsel, or both, may produce witnesses and evidence on his or her behalf, and may question witnesses. No license shall be revoked or suspended without a hearing, but the non-appearance of the licensee, after notice, shall not prevent a hearing. All matters upon which the decision is based shall be introduced in evidence at the proceeding. The licensee shall be notified in writing of the board's decision within ninety (90) days after the hearing. The board, on a case by case basis for good cause shown in writing, may extend the time for issuing its decision an additional ninety (90) days. The board may make such rules and regulations as it deems proper for the filing of charges and the conduct of hearings.

(b) After issuing an order of revocation or suspension, the board may also file a petition in equity in the superior court in a county in which the respondent resides or transacts business, to ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the final determination.

(c) An application for reinstatement may be made to the board, which may, upon the affirmative vote of at least the majority of its members, grant a reinstatement.

(d) An applicant for an initial license, which has been denied, has the right to request a hearing. The board's decision shall be in writing within ninety (90) days after said hearing and shall be based on evidence in the record.

(e) The director may suspend a license temporarily without a hearing for a period not to exceed thirty (30) days upon notice to the licensee, following a finding by the board, adopted by the director that there exists a significant threat to the public safety.

(f) An applicant for reinstatement who has been denied reinstatement, has the right to request a hearing. The board's decision shall be in writing within ninety (90) days after said hearing and shall be based on evidence in the record.

(g) Any appeal from the action of the board shall be in accordance with the provisions of chapter 35 of title 42. ADD}

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

(a) A qualified person licensed in this state under any other law engaging in the profession or business for which he or she is licensed.

(b) Any person working as an interpreter or a transliterator in court, or elementary or secondary education classrooms.

(c) Interpreters or transliterators performing as volunteers without compensation.

(d) Interpreters or transliterators performing in an emergency. Emergency circumstances are such circumstances in which the consumer decides the delay necessary to obtain a licensed interpreter is likely to cause injury or loss to the consumer. ADD}

{ADD 5-71-16. Relationship to other civil rights laws. -- 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 such accommodations, auxiliary aids, or services, pursuant to 42 U.S.C. section 12201, et seq., 29 U.S.C. section 794, article 1 section 2 of the Rhode Island constitution; section 42-87-1, et seq., section 11-24-1, et seq., 28-5-1, et seq., section 42-46-13; section 8-5-8, section 9-9-1.2 or other applicable federal or state law.

The obligations of the above cited federal or state civil rights laws include, but not limited to:

(a) 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. 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:

(b) a public accommodation taking those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise 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

(c) 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. ADD}

{ADD 5-71-17. Severability. -- If any provision of this chapter or of any rule or regulation made thereunder, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of that provision to other persons or circumstances, shall not be affected thereby. ADD}

SECTION 2. Section 23-1.8 of the General Laws entitled "Commission on the Deaf and Hearing Impaired" is hereby amended by adding the following section:

{ADD 23-1.8-2.1. Sign language interpreter referral service. -- The commission shall administer their sign language interpreter referral service for all certified licensee, licensee, grandparent licensee and special licensee interpreters, as provided in section 5-71, who hold a valid interpreter for the deaf license issued by the state board of examiners of interpreters for the deaf pursuant to section 5-71-9 or section 5-71-12 or hold a valid license, certificate or equivalent issued within another state with reciprocity pursuant to section 5-71-10. The commission shall not impose any limits on the practice of certified licensees, licensees, grandparent licensees or special licensees beyond those imposed by the state board of examiners for interpreters for the deaf. Prior to January 1, 1998, the commission's sign language interpreter referral service shall be open to all interpreters for the deaf who meet or exceed qualifications for license in section 5-71-9, section 5-71-10, section 5-71-11, or section 5-71-12. The commission shall refer any complaints regarding the conduct or performance of any interpreter utilizing their referral service to the state board of examiners for interpreters for the deaf for appropriate action pursuant to section 5-71-13. The commission shall upon receipt of notice of revocation or suspension of a license by the state board of examiners for interpreters for the deaf, immediately cease to refer customers to that licensee, unless and until the license is restored. ADD}

SECTION 3. This act shall take effect upon passage.