HF 1680

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to spoken language interpreters; establishing 
  1.3             voluntary registration programs for general and 
  1.4             specialized interpreters and health care interpreters; 
  1.5             requesting a pilot training program for spoken 
  1.6             language interpreters to be developed; appropriating 
  1.7             money; proposing coding for new law as Minnesota 
  1.8             Statutes, chapter 16F. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [FINDINGS; PURPOSE.] 
  1.11     Subdivision 1.  [GENERAL INTERPRETERS.] The legislature 
  1.12  finds that good communication between parties is vital in 
  1.13  settings where people seek services and that spoken language 
  1.14  interpreters are essential to overcoming communication barriers 
  1.15  between service providers and people with limited English 
  1.16  skills.  The legislature also finds that Minnesotans with 
  1.17  limited English skills have difficulty gaining access to 
  1.18  important services in the state and that the use of qualified 
  1.19  interpreters facilitates access to services.  The purposes of a 
  1.20  general interpreter registration program are to establish 
  1.21  uniform standards of skills and ethics for spoken language 
  1.22  interpreters working in community settings and to ensure that a 
  1.23  qualified body of general interpreters exists in Minnesota. 
  1.24     Subd. 2.  [SPECIALIZED INTERPRETERS.] The legislature finds 
  1.25  that there is great need for helping patients access community 
  1.26  services through the use of qualified specialized interpreters.  
  1.27  Certification programs exist in the state for legal interpreters 
  2.1   and sign language interpreters, and establishing a registration 
  2.2   program for specialized interpreters is a priority.  Using 
  2.3   qualified specialized interpreters to help individuals access 
  2.4   various community services results in better quality services 
  2.5   and better outcomes for individuals, more ethical practices, 
  2.6   time and money savings, and legal actions prevented.  The 
  2.7   purpose of an interpreter registration program is to establish 
  2.8   uniform standards of skills and ethics for spoken language 
  2.9   interpreters working in specialized community service settings 
  2.10  and to ensure that a qualified body of specialized interpreters 
  2.11  exists in Minnesota. 
  2.12     Sec. 2.  [16F.01] [DEFINITIONS.] 
  2.13     Subdivision 1.  [SCOPE.] For purposes of this chapter, the 
  2.14  following terms have the meanings given to them. 
  2.15     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  2.16  commissioner of administration. 
  2.17     Subd. 3.  [GENERAL INTERPRETER.] "General interpreter" 
  2.18  means a person who engages in general interpreting in a 
  2.19  community setting. 
  2.20     Subd. 4.  [GENERAL INTERPRETING.] "General interpreting" 
  2.21  means spoken language interpreting in a community setting in 
  2.22  which spoken information is relayed from one person in one 
  2.23  language to another person in a second language, with the 
  2.24  essential goal of making it possible for two or more people who 
  2.25  do not share a common language to communicate directly with one 
  2.26  another as if they do share a common language. 
  2.27     Subd. 5.  [SPECIALIZED INTERPRETER.] "Specialized 
  2.28  interpreter" means a person who engages in specialized 
  2.29  interpreting in a community service setting. 
  2.30     Subd. 6.  [SPECIALIZED INTERPRETING.] "Specialized 
  2.31  interpreting" means a specialized type of spoken language 
  2.32  interpreting that takes place in any community service setting, 
  2.33  with the essential goal of making it possible for a service 
  2.34  provider and an individual who do not share a common language to 
  2.35  communicate directly with each other as if they do share a 
  2.36  common language. 
  3.1      Subd. 7.  [REGISTERED.] "Registered" means the act or 
  3.2   status of a person who is listed on an official roster 
  3.3   administered by the commissioner after having met a set of 
  3.4   predetermined qualifications and who is authorized to use 
  3.5   protected titles. 
  3.6      Subd. 8.  [SPOKEN LANGUAGE INTERPRETER.] "Spoken language 
  3.7   interpreter" means a person who relays spoken information from 
  3.8   one person in one language to another person in a second 
  3.9   language.  A spoken language interpreter includes an interpreter 
  3.10  who engages in general interpreting or specialized interpreting, 
  3.11  or both.  A spoken language interpreter does not include a 
  3.12  person who engages only in translating or sign language 
  3.13  interpreting. 
  3.14     Sec. 3.  [16F.02] [VOLUNTARY INTERPRETER REGISTRATION 
  3.15  PROGRAMS.] 
  3.16     Subdivision 1.  [ESTABLISHMENT; GENERAL INTERPRETER 
  3.17  REGISTRATION.] The commissioner shall establish a program for 
  3.18  the voluntary registration of general interpreters.  The 
  3.19  registration program shall include the requirements established 
  3.20  in this chapter.  The commissioner shall register any person 
  3.21  applying for registration as a general interpreter who meets the 
  3.22  qualifications established in section 16F.04. 
  3.23     Subd. 2.  [ESTABLISHMENT; SPECIALIZED INTERPRETER 
  3.24  REGISTRATION.] The commissioner shall establish a program for 
  3.25  the voluntary registration of specialized interpreters.  The 
  3.26  registration program shall include the requirements established 
  3.27  in this chapter.  The commissioner shall register any person 
  3.28  applying for registration as a specialized interpreter who meets 
  3.29  the qualifications established in section 16F.05. 
  3.30     Subd. 3.  [REGISTRATION PROCEDURE.] To apply for 
  3.31  registration, an applicant must submit an application for 
  3.32  registration at a time and in a form established by the 
  3.33  commissioner, including verification that all qualifications for 
  3.34  registration have been satisfied, and must submit all 
  3.35  registration fees required by the commissioner. 
  3.36     Subd. 4.  [LIST OF REGISTERED INTERPRETERS.] The 
  4.1   commissioner shall keep a complete record of all registered 
  4.2   general interpreters and registered specialized interpreters; 
  4.3   prepare a current, official listing of registered general 
  4.4   interpreters and specialized interpreters; make a copy of the 
  4.5   list available to any person who requests it, upon payment of a 
  4.6   copying fee established by the commissioner; and verify the 
  4.7   registration status of any interpreter for any person who 
  4.8   inquires about an interpreter's registration status. 
  4.9      Sec. 4.  [16F.03] [PROTECTED TITLES AND RESTRICTIONS ON 
  4.10  USE.] 
  4.11     Subdivision 1.  [GENERAL INTERPRETER.] A person shall not 
  4.12  use or advertise in a public or private communication any title 
  4.13  protected by this subdivision unless the person is registered 
  4.14  under section 16F.02, subdivision 1.  Protected titles include 
  4.15  registered general interpreter, state registered general 
  4.16  interpreter, Minnesota registered general interpreter, or the 
  4.17  term registered in combination with any other term or terms that 
  4.18  indicate or imply the provision of general interpreting services.
  4.19     Subd. 2.  [SPECIALIZED INTERPRETER.] A person shall not use 
  4.20  or advertise in a public or private communication any title 
  4.21  protected by this subdivision unless the person is registered 
  4.22  under section 16F.02, subdivision 2.  Protected titles include 
  4.23  registered specialized interpreter, state registered specialized 
  4.24  interpreter, Minnesota registered specialized interpreter, or 
  4.25  the term registered in combination with any other term or terms 
  4.26  that indicate or imply the provision of specialized interpreting 
  4.27  services. 
  4.28     Sec. 5.  [16F.04] [REQUIREMENTS FOR REGISTRATION; GENERAL 
  4.29  INTERPRETERS.] 
  4.30     Subdivision 1.  [GENERAL.] To be registered, a general 
  4.31  interpreter must meet the requirements of this section for 
  4.32  professional standards, a code of ethics, bilingual proficiency, 
  4.33  and training. 
  4.34     Subd. 2.  [PROFESSIONAL STANDARDS.] A general interpreter 
  4.35  must submit a notarized statement to the commissioner certifying 
  4.36  that the interpreter shall abide by the professional standards 
  5.1   for general interpreting established by the commissioner, 
  5.2   according to the needs of the situation. 
  5.3      Subd. 3.  [CODE OF ETHICS.] A general interpreter must 
  5.4   submit a notarized statement to the commissioner certifying that 
  5.5   the interpreter shall abide by the code of ethics for spoken 
  5.6   language interpreters established in this subdivision and must 
  5.7   pass an examination developed and administered by the 
  5.8   commissioner on the code of ethics.  The code of ethics requires 
  5.9   an ethical interpreter to: 
  5.10     (1) maintain confidentiality of interpreted information; 
  5.11     (2) interpret accurately and completely; 
  5.12     (3) maintain impartiality and refrain from interjecting 
  5.13  personal opinions or biases into the exchange; 
  5.14     (4) maintain professional boundaries with the parties; 
  5.15     (5) recognize the interpreter's limits in interpreter 
  5.16  training, level of experience, and interpreting skills and 
  5.17  decline to interpret beyond those limits; 
  5.18     (6) avoid interpreting in situations that may represent a 
  5.19  conflict of interest for the interpreter or may lead to personal 
  5.20  or professional gain for the interpreter; and 
  5.21     (7) demonstrate professionalism by refraining from 
  5.22  delivering services that are not part of the interpreter role; 
  5.23  by acting in a manner appropriate to the situation; and by being 
  5.24  respectful, courteous, and honest. 
  5.25     Subd. 4.  [BILINGUAL PROFICIENCY.] A general interpreter 
  5.26  must demonstrate spoken proficiency in each language to be 
  5.27  interpreted by passing a test of spoken language proficiency 
  5.28  approved by the commissioner, such as a test adopted by the 
  5.29  American Council on the Teaching of Foreign Languages. 
  5.30     Subd. 5.  [TRAINING REQUIREMENTS.] A general interpreter 
  5.31  must complete a training program of two basic courses in general 
  5.32  interpreting that meets the requirements of this subdivision.  
  5.33  The training program shall consist of an introduction to 
  5.34  interpreting course and an intermediate interpreting course, 
  5.35  with one semester or 45 classroom hours per course. 
  5.36     Sec. 6.  [16F.05] [REQUIREMENTS FOR REGISTRATION; 
  6.1   SPECIALIZED INTERPRETERS.] 
  6.2      Subdivision 1.  [GENERAL.] To be registered, a specialized 
  6.3   interpreter must meet the requirements for registration as a 
  6.4   general interpreter in section 16F.04 and the requirements of 
  6.5   this section for training and an examination. 
  6.6      Subd. 2.  [TRAINING REQUIREMENTS.] A specialized 
  6.7   interpreter must complete a training program in specialized 
  6.8   interpreting that meets the requirements of this subdivision.  
  6.9   The training program shall consist of the following: 
  6.10     (1) one fundamentals course of one semester or 45 classroom 
  6.11  hours in specialized community service for interpreters; and 
  6.12     (2) one specialized course of one semester or 45 classroom 
  6.13  hours in interpreting in community service settings and a 
  6.14  practicum in specialized interpreting in a community service 
  6.15  setting. 
  6.16     Subd. 3.  [EXAMINATION.] A specialized interpreter must 
  6.17  pass an examination developed and administered by the 
  6.18  commissioner to assess the interpreter's skills in interpreting 
  6.19  and proficiency in each language to be interpreted. 
  6.20     Sec. 7.  [16F.06] [INTERPRETER ADVISORY COUNCIL.] 
  6.21     Subdivision 1.  [CREATION; MEMBERSHIP.] The interpreter 
  6.22  advisory council is created and is composed of 15 members 
  6.23  appointed by the commissioner to carry out the requirements of 
  6.24  this section.  The advisory council shall consist of:  spoken 
  6.25  language interpreters; members of the community; people with 
  6.26  limited English skills who use interpreter services; community 
  6.27  service providers; educators of interpreters; and employees or 
  6.28  public officials of state, county, or city governments who work 
  6.29  with spoken language interpreters.  Five members of the advisory 
  6.30  council shall be spoken language interpreters. 
  6.31     Subd. 2.  [ADMINISTRATION.] The advisory council shall be 
  6.32  organized and administered under section 15.059. 
  6.33     Subd. 3.  [DUTIES.] The advisory council shall provide 
  6.34  advice and recommendations to the commissioner on: 
  6.35     (1) coordination with the court interpreter program 
  6.36  established by the state court system and other existing 
  7.1   interpreter certification programs and with existing translator 
  7.2   certification programs; 
  7.3      (2) procedures for registration and registration fees; 
  7.4      (3) the development and application of professional 
  7.5   standards for general interpreting; 
  7.6      (4) the development and administration of the examination 
  7.7   on the code of ethics for spoken language interpreters required 
  7.8   by section 16F.04, subdivision 3; 
  7.9      (5) the development and administration of the test of 
  7.10  spoken language proficiency required by section 16F.04, 
  7.11  subdivision 4, and used to determine spoken proficiency in each 
  7.12  language to be interpreted; 
  7.13     (6) the development and administration of the examination 
  7.14  required by section 16F.05, subdivision 3, to assess a 
  7.15  specialized interpreter's skills in interpreting and language 
  7.16  proficiency; 
  7.17     (7) overseeing evaluations, conducted by outside entities, 
  7.18  of training programs for general and specialized interpreters; 
  7.19  and 
  7.20     (8) other issues related to the establishment and 
  7.21  administration of general and specialized interpreter 
  7.22  registration programs. 
  7.23     The advisory council shall also perform other duties as 
  7.24  directed by the commissioner. 
  7.25     Sec. 8.  [PILOT PROGRAM; GENERAL AND SPECIALIZED 
  7.26  INTERPRETER TRAINING PROGRAMS.] 
  7.27     Subdivision 1.  [GENERAL.] The board of regents of the 
  7.28  University of Minnesota is requested to, and the board of 
  7.29  trustees of the Minnesota state colleges and universities shall 
  7.30  participate in a joint project to develop a multisite, 
  7.31  statewide, four-course plus practicum pilot training program for 
  7.32  spoken language interpreters in community service settings.  The 
  7.33  University of Minnesota is requested to provide lead instructors 
  7.34  for the training sites.  The University of Minnesota is 
  7.35  requested to, and the Minnesota state colleges and universities 
  7.36  shall cooperatively coordinate the pilot program and develop 
  8.1   curricula as provided in subdivision 3, course materials, and 
  8.2   instructor manuals.  Priority should be placed on training 
  8.3   interpreters in languages that are in demand for interpretation 
  8.4   in Minnesota. 
  8.5      Subd. 2.  [TRAINING SITES.] It is recommended that training 
  8.6   programs be established in at least the following three sites: 
  8.7      (1) a Minnesota state colleges and universities two-year 
  8.8   college in the metropolitan area as defined in Minnesota 
  8.9   Statutes, section 473.121, subdivision 2, in collaboration with 
  8.10  the University of Minnesota - Twin Cities; 
  8.11     (2) University Center - Rochester, in collaboration with 
  8.12  the Mayo Clinic in Rochester; and 
  8.13     (3) a Minnesota state colleges and universities two-year 
  8.14  college in southwestern or northwestern Minnesota. 
  8.15     Subd. 3.  [CURRICULA.] The University of Minnesota is 
  8.16  requested to, and the Minnesota state colleges and universities 
  8.17  shall, develop a two-course curriculum to train people in 
  8.18  general interpreting and a two-course plus practicum curriculum 
  8.19  for specialized training in specialized interpreting.  The 
  8.20  training for general interpreters should allow them to develop 
  8.21  general interpreting skills, and the training for specialized 
  8.22  interpreters should give general interpreters the knowledge and 
  8.23  skills necessary to interpret in community service settings.  
  8.24  The curriculum for general interpreters may consist of two basic 
  8.25  courses in general interpreting, with one semester or 45 
  8.26  classroom hours per course, consisting of an introduction to 
  8.27  interpreting and intermediate interpreting.  The curriculum for 
  8.28  specialized interpreters may consist of: 
  8.29     (1) one fundamentals course of one semester or 45 classroom 
  8.30  hours in community services for interpreters; and 
  8.31     (2) one specialized course of one semester or 45 classroom 
  8.32  hours in interpreting in community service settings and a 
  8.33  practicum in specialized interpreting in a community service 
  8.34  setting. 
  8.35     Subd. 4.  [PREREQUISITES.] (a) As a prerequisite to the 
  8.36  basic courses, it is recommended that a person be required to 
  9.1   establish bilingual proficiency in the languages to be 
  9.2   interpreted by passing an examination. 
  9.3      (b) As a prerequisite to the specialized course and 
  9.4   practicum in specialized interpreting, it is recommended that a 
  9.5   person be required to complete the basic interpreting courses 
  9.6   and the fundamentals of community service course for 
  9.7   interpreters. 
  9.8      Subd. 5.  [QUALIFICATIONS FOR INSTRUCTORS.] A lead 
  9.9   instructor should be required to have experience in spoken 
  9.10  language interpreting and to have received a bachelor's degree.  
  9.11  An assistant instructor should be required to have experience in 
  9.12  spoken language interpreting and should be encouraged to have 
  9.13  received a bachelor's degree. 
  9.14     Subd. 6.  [EVALUATION.] Two years after implementation of 
  9.15  the pilot program, it is recommended that an outside entity 
  9.16  evaluate the program's effectiveness and report on its 
  9.17  effectiveness to the legislature. 
  9.18     Sec. 9.  [REGISTRATION ENCOURAGED.] 
  9.19     Public and private entities that employ or contract with 
  9.20  people to provide general interpreting or specialized 
  9.21  interpreting services are encouraged to assist these people in 
  9.22  becoming registered under Minnesota Statutes, chapter 16F. 
  9.23     Sec. 10.  [RECOMMENDATIONS.] 
  9.24     The interpreter advisory council created by Minnesota 
  9.25  Statutes, section 16F.06, in consultation with the commissioner 
  9.26  of administration or a designee, the commissioner of health or a 
  9.27  designee, the commissioner of human services or a designee, the 
  9.28  commissioner of children, families, and learning or a designee, 
  9.29  and other interested individuals, shall develop recommendations 
  9.30  on the following: 
  9.31     (1) what department of state government should be made 
  9.32  permanently responsible for administering the spoken language 
  9.33  interpreter registration programs established in Minnesota 
  9.34  Statutes, chapter 16F; and 
  9.35     (2) the creation of a specialized registration program for 
  9.36  various community services. 
 10.1      These recommendations, along with draft legislation if 
 10.2   necessary, shall be submitted in a report to the legislature by 
 10.3   December 15, 2000. 
 10.4      Sec. 11.  [APPROPRIATIONS.] 
 10.5      (a) $....... is appropriated from the general fund to the 
 10.6   commissioner of administration for the biennium ending June 30, 
 10.7   2001, for general interpreter and specialized interpreter 
 10.8   registration programs established in Minnesota Statutes, chapter 
 10.9   16F.  This appropriation shall not become part of base level 
 10.10  funding for the 2002-2003 biennium.  Of this amount: 
 10.11     (1) $....... is for the startup costs associated with 
 10.12  establishing general interpreter and specialized interpreter 
 10.13  registration programs; 
 10.14     (2) $....... is for the interpreter advisory council to 
 10.15  develop recommendations on what department of state government 
 10.16  should be made permanently responsible for administering the 
 10.17  spoken language interpreter registration programs; and 
 10.18     (3) $30,000 is for outreach efforts to people who currently 
 10.19  provide interpreting services to educate them about the 
 10.20  registration programs and the benefits of being registered. 
 10.21     (b) $350,000 is appropriated from the general fund to the 
 10.22  board of regents of the University of Minnesota for the biennium 
 10.23  ending June 30, 2001, for a joint pilot project to develop 
 10.24  general and specialized interpreter training programs.  Of this 
 10.25  amount: 
 10.26     (1) $260,000 is to coordinate the pilot program and develop 
 10.27  curricula and course materials; 
 10.28     (2) $27,200 is to train lead instructors; and 
 10.29     (3) $60,000 is for administrative coordination. 
 10.30     (c) $183,000 is appropriated from the general fund to the 
 10.31  board of trustees of the Minnesota state colleges and 
 10.32  universities for the biennium ending June 30, 2001, for a joint 
 10.33  pilot project to develop general and specialized interpreter 
 10.34  training programs.  Of this amount: 
 10.35     (1) $35,000 is to coordinate the pilot program on each 
 10.36  campus; 
 11.1      (2) $45,000 is for site development; and 
 11.2      (3) $100,000 is for tuition waivers to be granted to 
 11.3   interpreter students for interpreter training and to be used to 
 11.4   pay for instructor costs.