Bill Text: CT HB06765 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Concerning Interpreter Qualifications.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2015-05-22 - File Number 881 [HB06765 Detail]
Download: Connecticut-2015-HB06765-Comm_Sub.html
General Assembly |
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January Session, 2015 |
*_____HB06765ED____051215____* |
AN ACT CONCERNING INTERPRETER QUALIFICATIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 46a-33a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) For the purposes of this section:
(1) "Interpreting" means the translating [or transliterating] of English concepts to [a] the language [concept] concepts used by a person who is deaf or hard of hearing or [means] the translating of a deaf or hard of hearing person's language [concept] concepts to English concepts [. Language concepts include, but are not limited to,] through the use of American Sign Language, English-based sign language, cued speech, oral transliterating and information received tactually;
(2) "Interpreter" and "transliterator" mean an individual who interprets or transliterates for a person who is (A) deaf or hard of hearing, or (B) communicating with another person who is deaf or hard of hearing;
(3) "Community setting" means any setting other than those specifically identified as educational, legal or medical;
(4) "Community interpreter" means an individual who demonstrates general knowledge of a variety of settings and the vocabulary associated with those settings;
(5) "Conditional Legal Interpreting Permit-Relay" or "CLIP-R" means a conditional permit designed for interpreters who have completed a training program recognized by the Registry of Interpreters for the Deaf (RID) and who work in legal settings;
(6) "Department" means the Department of Rehabilitation Services;
(7) "Educational setting" means (A) a school or other educational institution or business, including an elementary school, a secondary school or a high school, (B) a postsecondary, vocational-technical or remediation school or program, and (C) all school-based programs, services and activities available to any student and his or her family, including, but not limited to, clubs, sports, parent-teacher organizations, testing preparations, meetings, school assemblies, concerts and theatrical productions;
(8) "Educational Interpreter Performance Assessment system" or "EIPA", means the five-scale system developed and administered by the Boys Town National Research Hospital that rates an educational interpreter's skill, especially for those who interpret in prekindergarten through grade twelve educational settings;
(9) "Educational interpreter" means an individual who demonstrates (A) specialized knowledge of educational settings serving students who are deaf or hard of hearing, (B) greater familiarity of language used in the educational system, and (C) specialized knowledge of the processes and services involved with an Individualized Educational Plan (IEP) and Section 504 of the Rehabilitation Act of 1973;
(10) "Legal interpreter" means an individual who demonstrates specialized knowledge of legal settings and greater familiarity with language used in the legal system;
[(2)] (11) "Legal setting" means any criminal or civil action involving a court of competent jurisdiction, any investigation or action conducted by a duly authorized law enforcement agency, employment related hearings, [and] appointments and situations requiring the presence of an attorney;
[(3)] (12) "Medical setting" means [medical related situations including] gatherings or gathering places where health and wellness issues are addressed, including, but not limited to, hospitals, clinics, assisted living and rehabilitation facilities, mental health treatment sessions, psychological evaluations, substance abuse treatment sessions, crisis intervention and appointments or other treatment requiring the presence of a doctor, nurse, medical staff or other health care professional; [and]
(13) "Medical interpreter" means an individual who demonstrates specialized knowledge of medical settings and greater familiarity with language used in the medical system;
(14) "Registry of Interpreters for the Deaf" or "RID" means the national professional organization known as Registry of Interpreters for the Deaf, Inc. of Alexandria, Virginia; and
(15) "Specialist Certificate: Legal" or "SC:L" means certification by the Registry of Interpreters for the Deaf that demonstrates specialized knowledge of legal settings and greater familiarity with language used in the legal system.
[(4) "Educational setting" means a school or other educational institution, including elementary, high school and post-graduation schools where interpretive services are provided to a student.]
(b) [All] Except as provided in subsection (k) of this section, all persons providing interpreting services shall register [,] annually [,] with the [Department of Rehabilitation Services] department. Such registration shall be on a form prescribed or furnished by the [Commissioner of Rehabilitation Services] department and shall include the registrant's name, residential or business address or both, [phone number] contact information, place of employment as an interpreter and interpreter certification or credentials. The department may also require documentation of the registrant's training hours. The department shall annually issue [identification] registration cards for those who register in accordance with this section. The department shall provide and maintain a current listing of those interpreters who have registered pursuant to this section. The listing shall be made available on the department's Internet web site.
(c) On and after October 1, 2015, a person shall be registered and certified as a qualified interpreter in order to:
(1) Engage in the practice of or offer to engage in the practice of interpreting for a consumer;
(2) Use the title "interpreter", "transliterator" or a similar title in connection with services provided under his or her name;
(3) Present or identify himself or herself as an interpreter qualified to engage in interpreting in this state;
(4) Use the title "interpreter", "transliterator" or a similar title in advertisements or communications; or
(5) Perform the function of or convey the impression that he or she is an interpreter or transliterator.
(d) On and after October 1, 2015, any business entity that employs an interpreter within the state or provides interpreting services through remote access from outside the state shall ensure the interpreter is in compliance with the requirements of this section.
[(c)] (e) No person shall provide interpreting services in a legal setting unless such person is registered with the [Department of Rehabilitation Services] department according to the provisions of this section and holds a (1) [has passed the National] CLIP-R from the Registry of Interpreters for the Deaf, [written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, holds a level three certification provided by the National Association of the Deaf, documents the achievement of two continuing education units per year for a maximum of five years of training approved by the Commissioner of Rehabilitation Services, and on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination, (2) has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination and is a graduate of an accredited interpreter training program and documents the achievement of two continuing education units per year for a maximum of five years of training approved by the commissioner, and on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination, (3) holds a level four or higher certification from the National Association of the Deaf, (4) holds certification by the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, (7) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, or (8) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.] (2) SC:L from the Registry of Interpreters for the Deaf, (3) certificate from the Registry of Interpreters for the Deaf, for a minimum of five years, with documentation of an initial minimum of thirty hours of legal interpreting training and subsequent twenty hours of legal interpreter training within the RID four-year Certificate Maintenance cycles, or (4) level four or higher certification from the National Association of the Deaf, for a minimum of five years, with documentation of an initial minimum of thirty hours of legal interpreting training and subsequent twenty hours of legal interpreting training within the RID four-year Certificate Maintenance cycles.
[(d)] (f) No person shall provide interpreting services in a medical setting unless such person is registered with the [Department of Rehabilitation Services] department according to the provisions of this section and (1) holds [a comprehensive skills certificate] certification from the [National] Registry of Interpreters for the Deaf with documentation of completion of an initial minimum of thirty hours of medical interpreting training and subsequent ten hours of medical interpreting training within the RID four-year Certificate Maintenance cycles, (2) holds a [certificate of interpretation or a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) holds a level four or higher certification from the National Association of the Deaf, (4) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6)] level four or higher certification from the National Association of the Deaf with documentation of completion of an initial minimum of thirty hours of medical interpreting training and subsequent ten hours of medical interpreting training within the RID four-year Certificate Maintenance cycles, or (3) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the [National] Registry of Interpreters for the Deaf written generalist test [, or (7) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate] and provides documentation of completion of an initial minimum of thirty hours of medical interpreting training and subsequent ten hours of medical interpreter training within the RID four-year Certificate Maintenance cycles.
[(e)] (g) (1) No person shall provide interpreting services in [a legal] an educational setting unless such person is registered with the [Department of Rehabilitation Services] department according to the provisions of this section and [(1)] (A) holds [a comprehensive skills certificate] certification from the [National] Registry of Interpreters for the Deaf, [(2) holds a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3)] (B) holds a level [five] three or higher certification from the National Association of the Deaf, [(4) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6)] (C) (i) is a graduate of an accredited interpreter training program, (ii) has passed the Registry of Interpreters for the Deaf written generalist test and documents the achievement of two continuing education units per year for a maximum of five years of department-approved training, and (iii) on or before the fifth anniversary of having passed the Registry of Interpreters for the Deaf written generalist test or EIPA written assessment, has passed the Registry of Interpreters for the Deaf national interpreter certification performance examination, or (D) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the [National] Registry of Interpreters for the Deaf written generalist test. [, or (7) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.]
(2) On or after July 1, 2017, no person shall provide interpreting services in an educational setting unless such person is registered with the department according to the provisions of this section and (A) holds certification from the Registry of Interpreters for the Deaf, (B) holds a level four or higher certification from the National Association of the Deaf, (C) for prekindergarten through grade twelve settings, has a minimum score of 3.5 on the EIPA, (D) (i) is a graduate of an accredited interpreter training program, (ii) has passed the Registry of Interpreters for the Deaf written generalist test or EIPA written assessment and documents the achievement of two continuing education units per year for a maximum of five years of department-approved training, and (iii) on or before the fifth anniversary of having passed the Registry of Interpreters for the Deaf written generalist test or EIPA written assessment, has passed the Registry of Interpreters for the Deaf national interpreter certification performance examination or EIPA with a minimum score of 3.5, (E) holds a level three certification from the National Association of the Deaf and has passed the Registry of Interpreters for the Deaf national interpreter certification performance examination or EIPA with a minimum score of 3.5, or (F) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the Registry of Interpreters for the Deaf written generalist test.
(h) Except as provided in subsection (k) of this section, no person shall provide interpreting services in community settings unless such person is registered with the department according to the provisions of this section and (1) holds certification from the Registry of Interpreters for the Deaf, (2) holds a level three or higher certification from the National Association of the Deaf, (3) (A) is a graduate of an accredited interpreter training program, (B) has passed the Registry of Interpreters for the Deaf written generalist test and documents the achievement of two continuing education units per year for a maximum of five years of department-approved training, and (C) on or before the fifth anniversary of having passed the Registry of Interpreters for the Deaf written generalist test, has passed the Registry of Interpreters for the Deaf national interpreter certification performance examination, or (4) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the Registry of Interpreters for the Deaf written generalist test.
[(f)] (i) The requirements of this section shall apply to persons who receive compensation for the provision of interpreting services and include those who provide interpreting services as part of their job duties.
(j) Interpreters holding certificates other than those as described in this section may apply to the department for a waiver of up to three years in duration starting on the date that such waiver may be granted. Upon review of the application, the department shall determine within which settings the interpreter is deemed qualified to work, at which time the interpreter may register with the department.
(k) The following individuals shall be exempt from the registration requirements of this section:
(1) An individual interpreting at (A) a worship service conducted by a religious entity, and (B) services for educational purposes conducted by a religious entity or religiously affiliated school;
(2) An individual engaged in interpreting during an emergency situation, when obtaining a registered interpreter or registered transliterator could cause a delay that may lead to injury or loss to the individual requiring the services, provided that such emergency assistance does not waive any communication access requirements for any entity pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both may be amended from time to time;
(3) An individual engaged in interpreting as part of a supervised internship or practicum at an accredited college or university or a mentorship program approved by the department if (A) such interpreting is not in a legal setting, a medical setting or an educational setting, or (B) the individual is accompanied by an interpreter registered pursuant to this section; or
(4) An interpreter from outside the state who is certified by the Registry of Interpreters for the Deaf or the National Association of the Deaf and provides interpreting services in the state for a period of time not exceeding fourteen days during a calendar year.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2015 |
46a-33a |
HS |
Joint Favorable Subst. |
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ED |
Joint Favorable |