SF 620

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

  1.1                          A bill for an act 
  1.2             relating to professions and occupations; requiring 
  1.3             certification and registration for certain 
  1.4             interpreters and transliterators; providing criminal 
  1.5             and civil penalties; requiring a study; appropriating 
  1.6             money; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 256C. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [256C.30] [DEFINITIONS.] 
  1.10     Subdivision 1.  [APPLICATION.] For purposes of sections 
  1.11  256C.30 to 256C.37, the following terms have the meanings given 
  1.12  to them. 
  1.13     Subd. 2.  [ACCREDITED POST-SECONDARY EDUCATION 
  1.14  INSTITUTION.] "Accredited post-secondary education institution" 
  1.15  means a university, college, or other post-secondary education 
  1.16  institution that offers interpreter training and that is 
  1.17  regionally accredited by the appropriate accrediting entity. 
  1.18     Subd. 3.  [AMERICAN SIGN LANGUAGE/ENGLISH INTERPRETING 
  1.19  SERVICES.] "American sign language/English interpreting services"
  1.20  means services provided by a person to facilitate communication 
  1.21  between people using two languages:  American sign language and 
  1.22  spoken English. 
  1.23     Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
  1.24  commissioner of health. 
  1.25     Subd. 5.  [COPY SIGNING.] "Copy signing" means the process 
  1.26  of reproducing a deaf person's or an interpreter's signs to a 
  2.1   smaller group or individual that does not have visual access to 
  2.2   the original message. 
  2.3      Subd. 6.  [CUED SPEECH.] "Cued speech" means a system that 
  2.4   visually presents traditionally spoken languages.  Handshapes 
  2.5   representing groups of consonant phonemes and hand placements 
  2.6   denoting groups of vowel phonemes are utilized in combination 
  2.7   with nonmanual signals to present a visually distinct model of a 
  2.8   traditionally spoken language.  Whether through the visual 
  2.9   channel via cued speech, it is the choice, assembly, and 
  2.10  arrangement of linguistic units called phonemes, that comprise 
  2.11  and convey the words and grammatical structure of languages that 
  2.12  are spoken and languages that are cued. 
  2.13     Subd. 7.  [CUED SPEECH TRANSLITERATOR SERVICES.] "Cued 
  2.14  speech transliterator services" means services provided by a 
  2.15  person to facilitate communication between people using two 
  2.16  different forms of English:  English with cued speech and spoken 
  2.17  English. 
  2.18     Subd. 8.  [INTERMEDIARY INTERPRETING.] "Intermediary 
  2.19  interpreting" means interpreting services provided by a person, 
  2.20  including a deaf person, to assist in providing an accurate 
  2.21  interpretation between spoken English and sign language or 
  2.22  between variants of sign language to facilitate communication 
  2.23  between a deaf or hard-of-hearing person and a qualified 
  2.24  interpreter. 
  2.25     Subd. 9.  [ORAL TRANSLITERATOR SERVICES.] "Oral 
  2.26  transliterator services" means services provided by a person to 
  2.27  facilitate the process of taking spoken English and producing it 
  2.28  on the lips in a manner that is most visible to those who access 
  2.29  communication through lipreading. 
  2.30     Subd. 10.  [REMUNERATION.] "Remuneration" means a fee, 
  2.31  salary, gift, reward, compensation, barter, or the expectation 
  2.32  of payment or voluntary donation from:  
  2.33     (1) the person receiving interpreting or transliterating 
  2.34  services or the person's agent, insurer, or employer; or 
  2.35     (2) the person or entity providing the interpreting or 
  2.36  transliterating services. 
  3.1      Subd. 11.  [SIGN TRANSLITERATING SERVICES.] "Sign 
  3.2   transliterating services" means services provided by a person to 
  3.3   facilitate communication between people using two different 
  3.4   forms of English:  signed English and spoken English. 
  3.5      Sec. 2.  [256C.31] [CERTIFICATION REQUIRED.] 
  3.6      Except as provided in section 256C.33, beginning July 1, 
  3.7   2001, no person shall provide the following services on a 
  3.8   full-time or part-time basis in Minnesota for remuneration, 
  3.9   unless the person meets the requirements in section 256C.32 or 
  3.10  256C.34:  
  3.11     (1) American sign language/English interpreting or sign 
  3.12  transliterating services; 
  3.13     (2) cued speech transliterator services; or 
  3.14     (3) oral transliterator services. 
  3.15     Sec. 3.  [256C.32] [CERTIFICATION STANDARDS.] 
  3.16     Subdivision 1.  [NATIONAL CERTIFICATION.] (a) Beginning 
  3.17  July 1, 2001, a person must hold appropriate certification to 
  3.18  engage in the type of interpreting or transliterating specified 
  3.19  in paragraphs (b) to (d). 
  3.20     (b) To provide American sign language/English interpreting 
  3.21  or sign transliterating services, an interpreter or 
  3.22  transliterator must possess: 
  3.23     (1) valid interpreter and transliterator certificates 
  3.24  awarded by the Registry of Interpreters for the Deaf (RID); 
  3.25     (2) a valid general level interpreter proficiency 
  3.26  certificate awarded by the National Association of the Deaf 
  3.27  (NAD); or 
  3.28     (3) a comparable national certification, if an alternative 
  3.29  national certification standard and test are developed and 
  3.30  implemented and if the commissioner approves such certification. 
  3.31     (c) To provide cued speech transliterator services, a 
  3.32  transliterator must possess a valid, applicable transliterator 
  3.33  certificate awarded by the Testing, Evaluation and Certification 
  3.34  Unit, Inc. (TECUnit), or a comparable national certificate, if a 
  3.35  comparable certification standard and test are developed and 
  3.36  implemented and if the commissioner approves such certification. 
  4.1      (d) To provide oral transliterator services, a 
  4.2   transliterator must possess a valid, applicable oral 
  4.3   transliterator certificate awarded by RID, or a comparable 
  4.4   national certificate if a comparable certification standard and 
  4.5   test are developed and implemented and if the commissioner 
  4.6   approves such certification. 
  4.7      Subd. 2.  [EDUCATION REQUIREMENT.] (a) Beginning July 1, 
  4.8   2003, a person seeking to provide American sign language/English 
  4.9   interpreting, sign transliterating services, or oral 
  4.10  transliterator services for the first time in Minnesota must: 
  4.11     (1) meet the requirements of subdivision 1; and 
  4.12     (2) have graduated with an associate degree or higher from 
  4.13  an interpreter or transliterator training program at an 
  4.14  accredited post-secondary education institution. 
  4.15     (b) Beginning July 1, 2003, a person seeking to provide 
  4.16  cued speech transliterator services for the first time in 
  4.17  Minnesota must: 
  4.18     (1) meet the requirements of subdivision 1; and 
  4.19     (2) have satisfactorily completed an accredited training 
  4.20  program for cued speech transliterators. 
  4.21     Subd. 3.  [STATE REGISTRATION.] (a) Beginning July 1, 2001, 
  4.22  an interpreter or transliterator who works for remuneration in 
  4.23  Minnesota must annually register evidence of an appropriate 
  4.24  national certification with the department of health. 
  4.25     (b) Beginning July 1, 2003, an interpreter or 
  4.26  transliterator who works for remuneration in Minnesota and who 
  4.27  registers evidence of national certification with the department 
  4.28  of health for the first time must also register evidence of 
  4.29  graduating with an associate degree or higher from an 
  4.30  interpreter or transliterator training program at an accredited 
  4.31  post-secondary education institution or, if they wish to work as 
  4.32  a cued speech transliterator, satisfactorily completing an 
  4.33  accredited training program for cued speech transliterators. 
  4.34     Subd. 4.  [DISCLOSURE OF REGISTRATION INFORMATION.] The 
  4.35  commissioner shall disclose the name and certification status of 
  4.36  an interpreter or transliterator registered with the department 
  5.1   of health to an interpreter referral agency or any other 
  5.2   organization, agency, or person that requests verification of a 
  5.3   person's certification status. 
  5.4      Sec. 4.  [256C.33] [EXCEPTIONS.] 
  5.5      Subdivision 1.  [ACTIVITIES EXCLUDED.] A person need not 
  5.6   meet the requirements of section 256C.32 or 256C.34 to provide: 
  5.7      (1) interpreting or transliterating assistance in a medical 
  5.8   emergency until the assistance of a certified interpreter or 
  5.9   transliterator is obtained; 
  5.10     (2) interpreting or transliterating in Minnesota if the 
  5.11  person is currently licensed or certified in another state, 
  5.12  territory, or foreign country and is present in Minnesota to 
  5.13  interpret or transliterate for no more than ten days in a 
  5.14  calendar year; 
  5.15     (3) intermediary interpreting or copy signing by a deaf 
  5.16  person; 
  5.17     (4) interpreting or transliterating for a religious 
  5.18  organization, excluding schools; 
  5.19     (5) interpreting or transliterating as a student intern or 
  5.20  trainee while enrolled in a program of study in interpreting or 
  5.21  transliterating at an accredited post-secondary education 
  5.22  institution, provided that the activities are performed under 
  5.23  the supervision of an interpreter or transliterator certified 
  5.24  under section 256C.31 or 256C.34 and that the activities 
  5.25  constitute a part of a supervised program of study.  A student 
  5.26  intern or trainee engaged in interpreting or transliterating 
  5.27  shall be designated an interpreter intern or student in 
  5.28  training; and 
  5.29     (6) interpreting or transliterating on a voluntary basis 
  5.30  without remuneration. 
  5.31     Subd. 2.  [OTHER EXCEPTIONS.] (a) A person who is currently 
  5.32  licensed or certified as an interpreter or transliterator in 
  5.33  another state and who wishes to practice as an interpreter or 
  5.34  transliterator in Minnesota for more than ten days in a calendar 
  5.35  year must: 
  5.36     (1) register the license or certificate from the other 
  6.1   state with the department of health within 30 calendar days of 
  6.2   beginning to practice as an interpreter or transliterator in 
  6.3   Minnesota; and 
  6.4      (2) comply with the provisions of section 256C.32 or 
  6.5   256C.34 within nine months of beginning to practice as an 
  6.6   interpreter or transliterator in Minnesota. 
  6.7      (b) A person who holds a valid provisional certificate 
  6.8   under section 256C.34 is exempt from the requirements of section 
  6.9   256C.32 for the period of time the provisional certificate is 
  6.10  valid. 
  6.11     (c) A skilled school interpreter who satisfies the 
  6.12  requirements of section 122A.31 is exempt from the requirements 
  6.13  of sections 256C.30 to 256C.37 only to the extent that the 
  6.14  interpreter is providing K-12 educational interpreting or 
  6.15  transliterating services. 
  6.16     Sec. 5.  [256C.34] [PROVISIONAL CERTIFICATION.] 
  6.17     Subdivision 1.  [GENERAL REQUIREMENTS.] From January 1, 
  6.18  2001, to June 30, 2003, a person who graduates from an 
  6.19  accredited post-secondary education institution with an 
  6.20  associate degree or higher in interpreting or transliterating 
  6.21  shall have two years from the date of the person's graduation to 
  6.22  meet the requirements of section 256C.32, subdivision 1.  During 
  6.23  the two-year period after graduation, a person may engage in 
  6.24  interpreting or transliterating without meeting the requirements 
  6.25  of section 256C.32, provided the person possesses a provisional 
  6.26  certificate issued under this section.  A provisional 
  6.27  certificate may be issued at any time during the two-year period 
  6.28  following graduation but shall not be effective for more than 
  6.29  two years after the date of graduation. 
  6.30     Subd. 2.  [REQUIREMENTS FOR INITIAL CERTIFICATE FOR FIRST 
  6.31  YEAR.] (a) The commissioner shall issue an initial provisional 
  6.32  certificate, valid for up to one year, to a person who provides 
  6.33  the department of health with: 
  6.34     (1) a certificate of graduation from an interpreter 
  6.35  training program at an accredited post-secondary education 
  6.36  institution; 
  7.1      (2) evidence of having passed the RID written examination; 
  7.2   and 
  7.3      (3) evidence of having passed the novice II level of the 
  7.4   NAD interpreter certificate proficiency exam. 
  7.5      (b) If the person satisfies clauses (1) and (2) of 
  7.6   paragraph (a) but does not satisfy clause (3), the commissioner 
  7.7   shall issue a temporary provisional certificate, to be effective 
  7.8   for 120 days.  When a person with a provisional certificate 
  7.9   meets all of the requirements in paragraph (a) within the 
  7.10  two-year period following graduation, the commissioner shall 
  7.11  issue a provisional certificate. 
  7.12     Subd. 3.  [RENEWAL REQUIREMENTS FOR CERTIFICATE.] (a) One 
  7.13  year after issuing an initial provisional certificate, the 
  7.14  commissioner shall renew the provisional certificate, valid for 
  7.15  the time remaining in the two-year period following graduation, 
  7.16  of a person who provides the department of health with: 
  7.17     (1) evidence of having completed at least 12 hours of 
  7.18  continuing education credits in the past year; and 
  7.19     (2) information on 12 additional hours of continuing 
  7.20  education credits that the person plans to complete while 
  7.21  holding a provisional certificate for the remaining period. 
  7.22     (b) To meet the requirements of this subdivision, 
  7.23  continuing education credits must be offered by an accredited 
  7.24  post-secondary education institution with an interpreter 
  7.25  training program or must be approved by a national certifying 
  7.26  organization for sign language interpreters and transliterators 
  7.27  or for cued speech transliterators. 
  7.28     Sec. 6.  [256C.35] [RELATIONSHIP TO OTHER LAWS.] 
  7.29     Sections 256C.30 to 256C.37 do not limit or qualify the 
  7.30  rights of employees or consumers with disabilities to receive 
  7.31  assistance, including, but not limited to, interpreter services; 
  7.32  nor the duties of providers to make available accommodations, 
  7.33  auxiliary aids, or services, under Minnesota Statutes, chapter 
  7.34  363, United States Code, title 29, section 794, United States 
  7.35  Code, title 42, section 12201, et seq., or other applicable 
  7.36  federal or state laws. 
  8.1      Sec. 7.  [256C.36] [PENALTIES.] 
  8.2      Subdivision 1.  [CRIMINAL PENALTY.] A person who violates 
  8.3   sections 256C.30 to 256C.37 is guilty of a misdemeanor. 
  8.4      Subd. 2.  [CIVIL PENALTY.] In addition to the criminal 
  8.5   penalty under subdivision 1, the commissioner may bring an 
  8.6   action in district court for injunctive relief to restrain and 
  8.7   enjoin violations of sections 256C.30 to 256C.37.  The action 
  8.8   may be brought without proof of actual damages to another person.
  8.9      Sec. 8.  [256C.37] [DUTIES OF THE DEAF AND HARD OF HEARING 
  8.10  SERVICES DIVISION.] 
  8.11     Subdivision 1.  [CONSUMER PROTECTION.] The deaf and hard of 
  8.12  hearing services division at the department of human services 
  8.13  shall: 
  8.14     (1) establish nonbinding competency guidelines for 
  8.15  interpreters and transliterators working in various settings to 
  8.16  help consumers, persons, and entities hiring interpreters 
  8.17  determine whether the interpreter's or transliterator's skills 
  8.18  are appropriate for different categories of assignments; and 
  8.19     (2) establish and operate a state mediation process to 
  8.20  resolve complaints filed by consumers based on the National Code 
  8.21  of Ethics or the state code of conduct. 
  8.22     Subd. 2.  [RECOGNITION OF SPECIALIZATION.] The deaf and 
  8.23  hard of hearing services division of the department of human 
  8.24  services may establish qualifications for areas of 
  8.25  specialization in interpreting and transliterating and specify 
  8.26  ways to recognize specialization.  Specialization constitutes an 
  8.27  additional endorsement to an interpreter's or transliterator's 
  8.28  certification and shall not be required for an interpreter or 
  8.29  transliterator to practice in specialty areas. 
  8.30     Sec. 9.  [COORDINATION WITH MINNESOTA STATE COLLEGES AND 
  8.31  UNIVERSITIES.] 
  8.32     To ensure that skilled sign language interpreters graduate 
  8.33  from Minnesota's state colleges and universities, the board of 
  8.34  trustees of the Minnesota state colleges and universities system 
  8.35  is encouraged to establish entrance competencies in American 
  8.36  sign language and English for persons seeking admission to sign 
  9.1   language interpreter service training programs under the board's 
  9.2   jurisdiction. 
  9.3      Sec. 10.  [STUDY AND REPORT.] 
  9.4      (a) The Minnesota commission serving deaf and 
  9.5   hard-of-hearing people, in consultation with representatives of 
  9.6   sign language interpreter and transliterator training programs; 
  9.7   the Minnesota Association of Deaf Citizens; the Minnesota 
  9.8   DeafBlind Association; the Minnesota Registry of Interpreters 
  9.9   for the Deaf; the department of health; the deaf and hard of 
  9.10  hearing services division of the department of human services; 
  9.11  the Minnesota Resource Center; the deaf-hard of hearing office 
  9.12  of the department of children, families, and learning; the 
  9.13  Minnesota state colleges and universities system; and other 
  9.14  interested citizens, shall study ways to improve the quality of 
  9.15  sign language interpreting and transliterating services 
  9.16  throughout Minnesota.  The study shall include an analysis of 
  9.17  and recommendations concerning: 
  9.18     (1) ways to address concerns that the termination of the 
  9.19  provisional certificate program might contribute to a shortage 
  9.20  of sign language interpreters and transliterators; and 
  9.21     (2) ways to improve the training, quality, and availability 
  9.22  of sign language interpreting and transliterating services 
  9.23  throughout Minnesota. 
  9.24     (b) The commission shall submit the study to the 
  9.25  legislature by January 1, 2000.  The commission shall also 
  9.26  submit recommendations to the legislature by January 1, 2001, on 
  9.27  whether and how deaf intermediary interpreters should be 
  9.28  certified. 
  9.29     Sec. 11.  [APPROPRIATION.] 
  9.30     $75,000 is appropriated from the general fund to the 
  9.31  commissioner of human services for the deaf and hard of hearing 
  9.32  services division to establish one or more mentorship programs 
  9.33  to assist new graduates of interpreter training programs in 
  9.34  obtaining the certification required under Minnesota Statutes, 
  9.35  sections 256C.30 to 256C.37.  The deaf and hard of hearing 
  9.36  services division of the department of human services may award 
 10.1   grants to establish the mentorship programs.