HF 2634

as introduced - 91st Legislature (2019 - 2020) Posted on 03/20/2019 11:24am

A bill for an act
relating to occupational licensing; creating the Board of Sign Language Interpreters
and Transliterators; requiring licensure; authorizing rulemaking; providing
penalties; amending Minnesota Statutes 2018, section 546.44, subdivision 1;
proposing coding for new law as Minnesota Statutes, chapter 156B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [156B.01] DEFINITIONS.
new text end

new text begin (a) For the purposes of this chapter, the following terms have the meanings given.
new text end

new text begin (b) "Board" means the Board of Sign Language Interpreters and Transliterators established
under this chapter.
new text end

new text begin (c) "Consumer" means an individual utilizing interpreting services.
new text end

new text begin (d) "Cued speech transliterator" means a transliterator who uses techniques to convey
the sounds that make of the words someone is saying so that another person can understand
what was being said in the same language that it was said in.
new text end

new text begin (e) "Department" means the Department of Health.
new text end

new text begin (f) "Interpreter training program" means a postsecondary education program training
individuals to interpret or transliterate.
new text end

new text begin (g) "Interpreting" means facilitating communication between individuals who
communicate by sign language and other individuals using sign language, spoken words,
and printed words.
new text end

new text begin (h) "Licensee" means any person licensed to practice interpreting or transliterating for
deaf, deafblind, hard-of-hearing, and hearing individuals in this state.
new text end

new text begin (i) "Oral transliteration" means transliterators who are qualified, trained professionals,
have a demonstrated ability to transliterate a spoken message from a person who hears to
a person who is deaf or hard-of-hearing, and have the ability to understand and repeat the
message and intent of the speech and mouth movements of a person who is deaf or
hard-of-hearing.
new text end

new text begin (j) "Transliterating" means facilitating communication between individuals who
communicate via spoken words from one language into another, including printed words.
Transliterating includes both oral transliteration and cued speech transliteration.
new text end

Sec. 2.

new text begin [156B.05] BOARD OF INTERPRETERS AND TRANSLITERATORS
CREATED; TERMS.
new text end

new text begin (a) A Board of Interpreters and Transliterators is established to consist of seven members,
appointed by the governor as follows:
new text end

new text begin (1) two interpreters, one of whom is hearing and one of whom is deaf, and both of whom
are recommended by a professional association of interpreters;
new text end

new text begin (2) one postsecondary instructor of an interpreting training program in the state;
new text end

new text begin (3) one consumer in the state with a high volume of interpreting requests; and
new text end

new text begin (4) three consumers in the state, two of whom are deaf consumers and one of whom is
a deafblind consumer.
new text end

new text begin (b) Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements shall be as provided in
sections 214.07 to 214.09. The provision of staff, administrative services, and office space;
the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations shall be as provided in chapter 214.
new text end

new text begin (c) Members appointed to fill vacancies caused by death, resignation, or removal shall
serve during the unexpired term of their predecessors.
new text end

Sec. 3.

new text begin [156B.10] BOARD DUTIES.
new text end

new text begin The board shall administer this chapter. The board shall:
new text end

new text begin (1) adopt rules consistent with this chapter and chapter 14 that are necessary for the
performance of the board's duties;
new text end

new text begin (2) act on matters concerning licensure and the process of applying for, granting,
suspending, imposing supervisory or probationary conditions upon, reinstating, and revoking
a license;
new text end

new text begin (3) administer the provisions of this chapter regarding documentation required to
demonstrate competence as an interpreter or a transliterator, and process of applications for
licenses and license renewals;
new text end

new text begin (4) establish and maintain as a matter of public record a registry of interpreters and
transliterators licensed under this chapter;
new text end

new text begin (5) develop continuing education requirements as a condition of license renewal; and
new text end

new text begin (6) evaluate requirements for licensure in other states to determine if reciprocity may
be granted.
new text end

Sec. 4.

new text begin [156B.15] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin Every person providing interpreting or transliterating
services for compensation shall be licensed pursuant to this chapter. The board shall adopt
rules pursuant to chapter 14 establishing procedures for the licensing of new and existing
interpreters. Prior to obtaining licensure, an applicant shall successfully pass an examination
prescribed and approved by the board, demonstrating the competencies in this section. The
board shall adopt rules regarding application procedures and license terms, which must be
renewed every two years. The requirements of this chapter are in addition to those in section
122A.31.
new text end

new text begin Subd. 2. new text end

new text begin Voice-to-sign interpretation. new text end

new text begin An applicant for a voice-to-sign interpreters
license shall demonstrate proficiency at:
new text end

new text begin (1) message equivalence: producing a true and accurate signed form of the spoken
message, maintaining the integrity of content and meaning, and exhibiting few omissions,
substitutions, or other errors;
new text end

new text begin (2) affect: producing nonmanual grammar consistent with the intent and emotion of the
speaker, and exhibiting no distracting mannerisms;
new text end

new text begin (3) vocabulary choice: making correct sign choices appropriate to the setting and
consumers, applying facial grammar consistent with sign choice, selecting signs that remain
true to speaker's intent, and demonstrating lexical variety; and
new text end

new text begin (4) fluency: displaying confidence in production, exhibiting a strong command of
American Sign Language or manual codes for English, applying nonmanual behaviors
consistent with the speaker's intent, and demonstrating understanding of and sensitivity to
cultural differences.
new text end

new text begin Subd. 3. new text end

new text begin Sign-to-voice interpretation. new text end

new text begin An applicant for a sign-to-voice interpreters
license shall demonstrate proficiency at:
new text end

new text begin (1) message equivalence: producing a true and accurate spoken form of the signed
message, maintaining the integrity of content and meaning, and exhibiting few omissions,
substitutions, or other errors;
new text end

new text begin (2) affect: producing inflection consistent with the intent and emotion of the speaker,
and exhibiting no distracting mannerisms;
new text end

new text begin (3) vocabulary choice: making correct word choices appropriate to the setting and
consumers, using vocal inflection consistent with word choice, selecting words that remain
true to the speaker's intent, and demonstrating lexical variety; and
new text end

new text begin (4) fluency: displaying confidence in production, exhibiting a strong command of English
in both spoken and written forms, applying vocal inflections consistent with the speaker's
intent, and demonstrating understanding of and sensitivity to cultural differences.
new text end

new text begin Subd. 4. new text end

new text begin Sign-to-sign interpretation. new text end

new text begin An applicant for a sign-to-sign interpretation
license shall demonstrate the following competencies:
new text end

new text begin (1) native or native-like competency in ASL, or a second signed language, including
spontaneous use of pragmatic and sociolinguistic features of ASL, or a second signed
language discourse including prosody, accent, transition markers, discourse markers, and
turn taking;
new text end

new text begin (2) adeptness and flexibility in working across a range of registers, genres, and variations
of ASL, or a second signed language, attributable to consumer's age, gender, ethnicity and
cultural background, region, socioeconomic status, physical and cognitive health, and
education levels;
new text end

new text begin (3) ability to recognize and negotiate cultural behaviors, values, mores, and discourse
features and styles for effective communication;
new text end

new text begin (4) creativity and flexibility in the use of alternative visual communication strategies to
convey complex concepts to consumers including but not limited to drawing, mime, and
props;
new text end

new text begin (5) ability to read and write English for sight translation of standard forms and instructions
and written translation of the deaf consumer's responses; and
new text end

new text begin (6) ability to effectively explain and discuss the following concepts to a variety of
stakeholders in an articulate, professional manner:
new text end

new text begin (i) process of consumer assessment and the rationale for using particular interpreting
strategies and interventions;
new text end

new text begin (ii) roles, functions, and processes of the interpreting team;
new text end

new text begin (iii) rationale for the decision to use consecutive or simultaneous interpreting; and
new text end

new text begin (iv) extent to which interpreters' linguistic negotiation and consumer language constraints
may limit appropriate stakeholder use of portions of the interpretation.
new text end

new text begin Subd. 5. new text end

new text begin Professional conduct. new text end

new text begin An applicant for a license under this section shall
demonstrate:
new text end

new text begin (1) proficiency in functioning as a communicator of messages between the sender and
receiver and educating consumers of services about the functions and logistics of the
interpreting process;
new text end

new text begin (2) an impartial demeanor, refraining from interjecting opinions or advice and from
aligning with one party over another. An applicant shall treat all people fairly and respectfully
regardless of their relationship to the interpreting assignment, and present a professional
appearance that is not visually distracting and is appropriate to the setting. An applicant
shall exhibit knowledge and application of federal and state laws pertaining to the interpreting
profession; and
new text end

new text begin (3) proficiency in understanding and applying ethical behavior and integrity appropriate
for a licensee. An applicant shall demonstrate discretion in accepting and meeting interpreter
services requests, and shall engage actively in lifelong learning.
new text end

new text begin Subd. 6. new text end

new text begin Violation; penalties. new text end

new text begin A person who violates any portion of this chapter is guilty
of a misdemeanor. The board may assess a penalty of up to $50 for each violation of this
chapter.
new text end

Sec. 5.

new text begin [156B.20] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin (a) Beginning July 1, 2022, the initial and renewal fees for
interpreters licensed under section 156B.15 or 156B.25 is $90.
new text end

new text begin (b) The renewal late fee for the registry is $30.
new text end

new text begin (c) The board shall not charge an applicant a fee to take the examination required under
section 156B.15, subdivision 1, unless the applicant fails the examination on the first try
and decides to retake it. The board may charge an examination fee of $35, for each subsequent
retaking of the examination following the initial attempt.
new text end

new text begin Subd. 2. new text end

new text begin Nonrefundable. new text end

new text begin The fees in this section are nonrefundable.
new text end

new text begin Subd. 3. new text end

new text begin Fee proration. new text end

new text begin The board shall not prorate any of the fees required under this
section.
new text end

new text begin Subd. 4. new text end

new text begin Deposit; appropriation. new text end

new text begin Fees received under this chapter shall be deposited
in the state government special revenue fund and are appropriated to the board for purposes
of section 156B.10.
new text end

Sec. 6.

new text begin [156B.25] TEMPORARY LICENSE.
new text end

new text begin Beginning July 1, 2022, an individual who does not meet the requirements for licensure
by examination pursuant to section 156B.15 may apply for or renew a temporary license.
The temporary license shall authorize the licensee to practice as a sign language interpreter
or transliterator under the direct supervision of a sign language interpreter or transliterator
licensed under section 156B.15. The temporary license shall be valid for two years and may
only be renewed one time in accordance with standards established by rule. An individual
shall not practice for more than a total of four years under a temporary license. The board
may revoke a temporary license if it determines that the temporary licensee has violated
standards established by rule. The board may adopt rules for temporary licensure to
implement this section.
new text end

Sec. 7.

new text begin [156B.30] EXCEPTIONS.
new text end

new text begin This chapter does not prohibit any of the following:
new text end

new text begin (1) any person residing outside the state holding a current license from another state that
meets Minnesota's requirements from providing interpreting or transliterating services in
this state for up to 14 days per calendar year without a license issued under this chapter;
new text end

new text begin (2) any person from interpreting or transliterating solely in a religious setting with the
exception of those working in schools that receive government funding; and
new text end

new text begin (3) volunteers working without compensation, including emergency situations, until a
licensed interpreter is obtained.
new text end

Sec. 8.

Minnesota Statutes 2018, section 546.44, subdivision 1, is amended to read:

Subdivision 1.

Qualifications.

No person shall be appointed as a qualified interpreter
pursuant to sections 546.42 to 546.44 unless that person is new text begin licensed under chapter 156B, new text end
readily able to communicate with the disabled person, translate the proceedings for the
disabled person, and accurately repeat and translate the statements of the disabled person
to the officials before whom the proceeding is taking place.