Bill S5712-2013

Relates to the licensing of sign language interpreters and creates a state board for sign language interpreting

Relates to the licensing of sign language interpreters and creates a state board for sign language interpreting.

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  • Jan 8, 2014: REFERRED TO HIGHER EDUCATION
  • Jun 6, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S5712

TITLE OF BILL: An act to amend the education law, in relation to the licensing of sign language interpreters and creating a state board for sign language interpreting

PURPOSE: Protection of NYS Deaf and Hard of Hearing consumers from unqualified, inexperienced or undertrained sign language interpreters who may inadequately translate spoken or signed information as well as non-adherence to sign language interpreting standards and protocols; including a professional code of conduct.

SUMMARY OF PROVISIONS: The Education Law is amended by adding a new article 167 Section 8801 Definition, 8802 Practice of sign language interpretation, 8803 State board for sign language interpretation 8804 Licensing requirements and 8805 Exempt persons.

JUSTIFICATION: Protection of NYS Deaf and Hard of Hearing consumers from unqualified, inexperienced or undertrained sign language interpreters who may inadequately translate spoken or signed information as well as non-adherence to sign language interpreting standards and protocols; including a professional code of conduct. Is important not only of the Hard of Hearing community but also for NYS businesses, governmental entities and non-profit agencies such as medical providers, legal services, social services, financial institutions, and schools.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: This act shall take effect on the one hundred and twentieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5712 2013-2014 Regular Sessions IN SENATE June 6, 2013 ___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to the licensing of sign language interpreters and creating a state board for sign language interpreting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new article 167 to read as follows: ARTICLE 167 SIGN LANGUAGE INTERPRETERS SECTION 8800. INTRODUCTION. 8801. DEFINITIONS. 8802. PRACTICE OF SIGN LANGUAGE INTERPRETING. 8803. STATE BOARD FOR SIGN LANGUAGE INTERPRETING. 8804. LICENSING REQUIREMENTS. 8805. EXEMPT PERSONS. S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF SIGN LANGUAGE INTERPRETER. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE. S 8801. DEFINITIONS. AS USED IN THIS ARTICLE: (1) "CLIENT" MEANS A DEAF OR HARD OF HEARING PERSON FOR WHOM AN INTER- PRETER PROVIDES SIGN LANGUAGE INTERPRETATION SERVICES. (2) "BOARD" MEANS THE BOARD FOR SIGN LANGUAGE INTERPRETING. S 8802. PRACTICE OF SIGN LANGUAGE INTERPRETING. (1) ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE SIGN LANGUAGE INTERPRETING OR USE THE TITLE OF SIGN LANGUAGE INTERPRETER. (2) NO PERSON MAY, FOR COMPENSATION, PROVIDE SIGN LANGUAGE INTERPRETA- TION SERVICES FOR A CLIENT UNLESS THE PERSON IS LICENSED BY THE DEPART- MENT.
S 8803. STATE BOARD FOR SIGN LANGUAGE INTERPRETING. (1) A STATE BOARD FOR SIGN LANGUAGE INTERPRETING SHALL BE APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSIST- ING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST OF NOT LESS THAN SEVEN MEMBERS WHO SHALL SERVE THREE YEAR TERMS, ONE OF WHOM SHALL BE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PROFESSIONS OR A DESIGNEE OF THE COMMISSIONER AND THE FOLLOWING SEVEN MEMBERS WHO SHALL BE NOMINATED BY THE GOVERNOR AND APPOINTED WITH THE ADVICE AND CONSENT OF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY: (A) THREE DEAF OR HARD OF HEARING INDIVIDUALS WHO ARE CURRENTLY OR HAVE PREVIOUSLY BEEN CLIENTS OF A SIGN LANGUAGE INTERPRETER, AT LEAST ONE OF WHOM IS A GRADUATE OF A RESIDENTIAL SCHOOL FOR THE DEAF AND AT LEAST ONE OF WHOM IS A GRADUATE OF A PRIVATE OR PUBLIC SCHOOL THAT IS NOT A RESIDENTIAL SCHOOL FOR THE DEAF; (B) TWO SIGN LANGUAGE INTERPRETERS WHO HAVE BEEN LICENSED UNDER SECTION EIGHTY-EIGHT HUNDRED FOUR OF THIS ARTICLE, AT LEAST ONE OF WHOM HOLDS A PROFESSIONAL LICENSE; AND (C) ONE INDIVIDUAL WHO IS A MEMBER OF THE EMPIRE STATE ASSOCIATION FOR THE DEAF. (2) THE BOARD SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE PROMULGATION OF RULES ESTABLISHING A CODE OF ETHICS THAT GOVERNS THE PROFESSIONAL CONDUCT OF SIGN LANGUAGE INTERPRETERS LICENSED UNDER THIS ARTICLE AND SHALL PROMULGATE RULES ESTABLISHING A PROCESS AND CRITERIA FOR GRANTING LICENSING EXEMPTIONS UNDER SECTION EIGHTY-EIGHT HUNDRED FIVE OF THIS ARTICLE. S 8804. LICENSING REQUIREMENTS. TO QUALIFY FOR A LICENSE AS A SIGN LANGUAGE INTERPRETER, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE- MENTS: (1) PROFESSIONAL LICENSES. (A) THE DEPARTMENT SHALL GRANT A PROFES- SIONAL LICENSE AS A SIGN LANGUAGE INTERPRETER TO AN APPLICANT WHO: (I) SUBMITS AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT; (II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH FIVE YEAR REGISTRATION PERIOD; (III) POSSESSES A VALID CERTIFICATION GRANTED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, OR ANY VALID CERTIF- ICATION GRANTED BY ANY OTHER ORGANIZATION THAT THE DEPARTMENT DETERMINES IS SUBSTANTIALLY EQUIVALENT TO A CERTIFICATION GRANTED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC. (B) THE DEPARTMENT SHALL GRANT A PROFESSIONAL LICENSE AS A SIGN LANGUAGE INTERPRETER TO AN APPLICANT WHO: (I) SUBMITS AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT; (II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH FIVE YEAR REGISTRATION PERIOD; (III) POSSESSES A VALID CERTIFICATION GRANTED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR; AND
(IV) PROVIDES SATISFACTORY EVIDENCE TO THE DEPARTMENT OF A DIAGNOSIS BY A PHYSICIAN THAT THE APPLICANT IS DEAF OR HARD OF HEARING. (C) THE DEPARTMENT SHALL GRANT A PROFESSIONAL LICENSE AS A SIGN LANGUAGE INTERPRETER TO AN OUT-OF-STATE APPLICANT WHO: (I) SUBMITS AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT; (II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH FIVE YEAR REGISTRATION PERIOD; AND (III) WITHIN TWENTY-FOUR MONTHS AFTER ESTABLISHING RESIDENCY IN THE STATE, PROVIDES EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE APPLI- CANT POSSESSES A VALID CERTIFICATION GRANTED BY THE REGISTRY OF INTER- PRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, OR ANY VALID CERTIFICATION GRANTED BY ANY OTHER ORGANIZATION THAT THE DEPARTMENT DETERMINES IS SUBSTANTIALLY EQUIVALENT TO A CERTIFICATION GRANTED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR THEIR SUCCESSORS, AND THAT THE APPLICANT POSSESSED THE CERTIFICATION AT THE TIME THE APPLICANT ESTAB- LISHED RESIDENCY IN THIS STATE. (2) PROVISIONAL LICENSES. (A) THE DEPARTMENT SHALL GRANT A PROVISIONAL LICENSE AS A SIGN LANGUAGE INTERPRETER TO AN APPLICANT WHO: (I) SUBMITS AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT; (II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TWO YEAR REGISTRATION PERIOD; (III) SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE APPLI- CANT HAS PASSED THE WRITTEN EXAMINATION ADMINISTERED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR; AND (IV) IS AN ASSOCIATE OR STUDENT MEMBER OF THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR. (B) THE DEPARTMENT SHALL GRANT A PROVISIONAL LICENSE AS A SIGN LANGUAGE INTERPRETER TO AN APPLICANT WHO: (I) SUBMITS AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT; (II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TWO YEAR REGISTRATION PERIOD; (III) SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE APPLI- CANT HAS COMPLETED EIGHT HOURS OF TRAINING SPONSORED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, ON THE ROLE AND FUNC- TION OF DEAF INTERPRETERS; (IV) SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE APPLI- CANT HAS COMPLETED EIGHT HOURS OF TRAINING SPONSORED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, ON PROFESSIONAL ETHICS; (V) HAS OBTAINED LETTERS OF RECOMMENDATION FROM AT LEAST THREE INDI- VIDUALS WHO HAVE HELD NATIONAL CERTIFICATION FOR AT LEAST FIVE YEARS AND WHO ARE MEMBERS IN GOOD STANDING OF THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, IF THE LETTERS TOGETHER DOCUMENT THAT THE APPLICANT HAS COMPLETED AT LEAST FORTY HOURS OF MENTORING, INCLUDING AT
LEAST TWENTY HOURS OBSERVING PROFESSIONAL WORK AND AT LEAST TEN HOURS OBSERVING CERTIFIED DEAF INTERPRETERS; (VI) HAS COMPLETED AT LEAST FORTY HOURS OF TRAINING CONSISTING OF WORKSHOPS SPONSORED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR; (VII) IS AN ASSOCIATE OR STUDENT MEMBER OF THE REGISTRY OF INTERPRET- ERS FOR THE DEAF, INC., OR ITS SUCCESSOR; AND (VIII) POSSESSES A HIGH SCHOOL DIPLOMA OR AN EQUIVALENCY DEGREE. (C) A PROVISIONAL LICENSE GRANTED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION MAY BE RENEWED A MAXIMUM OF TWO TIMES. A LICENSEE SHALL NOTIFY THE DEPARTMENT IN WRITING WITHIN THIRTY DAYS IF SUCH LICENSEE'S CERTIFICATION OR MEMBERSHIP REQUIREMENTS ARE REVOKED OR INVALIDATED, UPON WHICH THE DEPARTMENT SHALL REVOKE ANY PROVISIONAL LICENSE ISSUED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION. S 8805. EXEMPT PERSONS. (1) THE DEPARTMENT MAY GRANT A TEMPORARY EXEMPTION TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF THIS STATE FOR A PERIOD NOT TO EXCEED TWENTY DAYS IF THE INDIVIDUAL IS CERTIFIED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR. THE DEPARTMENT MAY NOT GRANT AN INDIVIDUAL MORE THAN TWO TEMPORARY EXEMPTIONS PER YEAR PURSUANT TO THIS SUBDIVISION. (2) THE DEPARTMENT MAY GRANT A TEMPORARY OR PERMANENT EXEMPTION TO AN INDIVIDUAL WHO IS A RESIDENT OF THIS STATE FOR A PERIOD SPECIFIED BY THE DEPARTMENT. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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