SF 1164

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to services for persons who are deaf or 
  1.3             hearing impaired; setting standards for interpreters; 
  1.4             establishing civil and criminal penalties; 
  1.5             appropriating money; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 256C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [256C.30] [DEFINITIONS.] 
  1.9      Subdivision 1.  [APPLICATION.] The definitions in this 
  1.10  section apply to sections 256C.30 to 256C.35. 
  1.11     Subd. 2.  [INTERPRETING.] "Interpreting" means the process 
  1.12  of providing accessible communication between and among people 
  1.13  who are deaf, deafblind, or hard of hearing and persons who can 
  1.14  hear but who do not share a common means of communication.  This 
  1.15  process includes interpreting and transliterating as described 
  1.16  in subdivision 3, paragraphs (a), (b), and (c), and includes 
  1.17  communication modalities involving but not limited to visual, 
  1.18  gestural, and tactile channels. 
  1.19     Subd. 3.  [INTERPRETER OR TRANSLITERATOR.] "Interpreter" or 
  1.20  "transliterator" means a person who provides any of the 
  1.21  following services: 
  1.22     (a) "English-based transliterating" which is the process of 
  1.23  conveying information via visible representation of the English 
  1.24  language such as manually coded English and oral transliteration.
  1.25  This process conveys information from one mode of English to 
  1.26  another mode of English. 
  2.1      (b) "ASL-based interpreting" which is the process of 
  2.2   conveying information between American Sign Language (ASL) and 
  2.3   English.  "ASL" is a visual gestural language used in the United 
  2.4   States and parts of Canada and includes all regional variations 
  2.5   and is linguistically independent from English. 
  2.6      (c) "Intermediary interpreting" which means interpreting or 
  2.7   transliterating services offered by a deaf person to facilitate 
  2.8   communication between another deaf person and another 
  2.9   interpreter or between two or more deaf persons. 
  2.10     Subd. 4.  [INTERPRETER EDUCATION PROGRAM.] "Interpreter 
  2.11  education program" means a post-secondary degree program of at 
  2.12  least two years' duration offered in an accredited institution 
  2.13  that follows the standards developed by the conference of 
  2.14  interpreter trainers. 
  2.15     Sec. 2.  [256C.31] [CERTIFICATION REQUIRED.] 
  2.16     No person shall provide any of the following interpreting 
  2.17  or transliterating services for deaf or hard of hearing people 
  2.18  for a fee or other remuneration unless the person holds the 
  2.19  appropriate certification as required by section 256C.32: 
  2.20     (a) engage in the practice of or offer to engage in the 
  2.21  practice of interpreting; 
  2.22     (b) use the title interpreter or transliterator in 
  2.23  connection with the person's name; 
  2.24     (c) assume the identity of an interpreter or 
  2.25  transliterator; 
  2.26     (d) use the title interpreter or transliterator in 
  2.27  advertisements or descriptions; or 
  2.28     (e) perform the function of or convey the impression that 
  2.29  the person is an interpreter or transliterator. 
  2.30     It shall be unlawful to employ an uncertified interpreter 
  2.31  or transliterator to provide interpreting services according to 
  2.32  this chapter or for an interpreter referral agency to refer an 
  2.33  uncertified interpreter or transliterator for employment for pay.
  2.34     Sec. 3.  [256C.32] [CERTIFICATION STANDARDS.] 
  2.35     Subdivision 1.  [NATIONAL CERTIFICATION.] Except as 
  2.36  provided in subdivisions 2 and 3, beginning June 2, 2000, a 
  3.1   person must possess certification from a national certifying 
  3.2   organization for sign language in order to engage in the 
  3.3   practice of interpreting or transliterating.  National 
  3.4   certification includes the interpreting certificate and the 
  3.5   transliterating certificate or the comprehensive skills 
  3.6   certificate from the Registry of Interpreters for the Deaf 
  3.7   (RID); or Level III, IV, or V certification from the National 
  3.8   Association of the Deaf (NAD); or comparable national 
  3.9   certification if a new certification standard and test is 
  3.10  developed and implemented. 
  3.11     Subd. 2.  [REGISTRATION OF NATIONAL 
  3.12  CERTIFICATION.] Beginning June 2, 2000, any interpreter or 
  3.13  transliterator who works for pay in Minnesota must annually 
  3.14  register evidence of their national certification with the deaf 
  3.15  and hard of hearing services division of the department of human 
  3.16  services.  The commissioner may disclose the names and 
  3.17  certification status of interpreters-transliterators registered 
  3.18  with them, with any interpreter referral agency or any 
  3.19  organization or agency inquiring as to whether a person has 
  3.20  national certification. 
  3.21     Subd. 3.  [STATE CERTIFICATION.] Beginning January 1, 1999, 
  3.22  a graduate of an interpreter education program with an associate 
  3.23  degree or higher in interpreting or transliterating shall have 
  3.24  two years from the date of graduation to obtain national 
  3.25  certification.  During the two-year period after graduation, a 
  3.26  graduate may engage in the practice of interpreting and 
  3.27  transliterating without holding national certification provided 
  3.28  that the following requirements are met: 
  3.29     (a) certificate of graduation is registered with the deaf 
  3.30  and hard of hearing services division of the department of human 
  3.31  services; 
  3.32     (b) evidence of having passed Level II of the NAD 
  3.33  interpreter certificate proficiency exam is provided; 
  3.34     (c) evidence of having passed the RID written examination 
  3.35  is provided; 
  3.36     (d) provide evidence that in each of the two years since 
  4.1   graduation, at least 12 hours of continuing education credits 
  4.2   have been completed; and 
  4.3      (e) provide evidence that in each of the two years after 
  4.4   graduation participation in an interpreter mentorship program 
  4.5   with a trained mentor is completed.  
  4.6      Upon receiving satisfactory documentation that the 
  4.7   applicant has complied with the requirements of this 
  4.8   subdivision, the commissioner shall issue the 
  4.9   interpreter-transliterator a provisional certificate.  
  4.10  Continuing education credits must be approved by a national 
  4.11  certifying organization for sign language 
  4.12  interpreters-transliterators. 
  4.13     This subdivision does not apply to the qualification of 
  4.14  school interpreters under section 125.1895. 
  4.15     Sec. 4.  [256C.33] [EXCEPTIONS.] 
  4.16     The following activities are not prohibited by sections 
  4.17  256C.30 to 256C.35: 
  4.18     (1) any signing assistance in a medical emergency until the 
  4.19  assistance of a certified interpreter is obtained; 
  4.20     (2) the practice of interpreting in this state by an 
  4.21  interpreter for the deaf currently certified or licensed in 
  4.22  another state, territory, or foreign country who is present in 
  4.23  this state to interpret for a period of not more than 30 days; 
  4.24     (3) a qualified person licensed in this state under any 
  4.25  other law from engaging in the profession or business for which 
  4.26  the person is licensed; 
  4.27     (4) deaf persons engaged in intermediary interpreting or 
  4.28  copy signing; 
  4.29     (5) interpreting or transliterating for religious 
  4.30  organizations, excluding schools, without holding national 
  4.31  certification or without being a graduate of an interpreter 
  4.32  education program; and 
  4.33     (6) a person who is currently licensed or certified as an 
  4.34  interpreter or transliterator in another state and who wishes to 
  4.35  practice as an interpreter or transliterator in this state for 
  4.36  more than 30 days must comply with the provisions of this 
  5.1   section within nine months of initiating practice as an 
  5.2   interpreter or transliterator in this state, provided the person 
  5.3   first registers the person's licensure or certification from the 
  5.4   other state with the deaf and hard of hearing services division 
  5.5   of the department of human services. 
  5.6      Sec. 5.  [256C.34] [RELATIONSHIP TO OTHER LAWS.] 
  5.7      This section does not limit or qualify the rights of 
  5.8   employees or consumers with disabilities to receive assistance, 
  5.9   including, but not limited to, interpreter services; nor the 
  5.10  duties of providers to make available accommodations, auxiliary 
  5.11  aids, or services, under United States Code, title 42, section 
  5.12  12201, et seq.; United States Code, title 29, section 794; 
  5.13  Minnesota Statutes, chapter 363; or other applicable federal or 
  5.14  state laws. 
  5.15     Sec. 6.  [256C.35] [PENALTIES.] 
  5.16     Any person violating any provision of sections 256C.30 to 
  5.17  256C.35 is guilty of a misdemeanor.  The attorney general shall 
  5.18  aid counties in the enforcement of the provisions of this 
  5.19  section and the prosecution of any violations.  In addition to 
  5.20  the criminal penalties provided by this section, the civil 
  5.21  remedy of injunction shall be available to restrain and enjoin 
  5.22  violations of any provisions of this section without proof of 
  5.23  actual damages sustained by the person. 
  5.24     Sec. 7.  [RULES.] 
  5.25     The deaf and hard of hearing division at the department of 
  5.26  human services shall promulgate rules to: 
  5.27     (1) contain a code of ethics for 
  5.28  interpreters-transliterators who have registered their 
  5.29  certification; and a code of conduct for 
  5.30  interpreters-transliterators working with provisional 
  5.31  certificates.  The code of conduct shall cover the work of 
  5.32  interpreters-transliterators in various settings, including 
  5.33  education, medical, legal, mental health, and law enforcement; 
  5.34     (2) govern operation of a grievance process for the purpose 
  5.35  of accepting and resolving complaints regarding alleged 
  5.36  violations of the code of ethics for 
  6.1   interpreters-transliterators; and 
  6.2      (3) establish consequences for violations of the ethics 
  6.3   code and establish qualifications and recognition of 
  6.4   specialization in specific areas of interpreting and 
  6.5   transliterating.  
  6.6   Specialization would be an additional endorsement on an 
  6.7   interpreter-transliterator's certificate in the state of 
  6.8   Minnesota.  The deaf and hard of hearing services division may 
  6.9   not require such specialization in order for an interpreter or 
  6.10  transliterator to practice in those specialty areas. 
  6.11     Sec. 8.  [COORDINATION WITH MINNESOTA STATE COLLEGES AND 
  6.12  UNIVERSITIES.] 
  6.13     In order to ensure the graduation of skilled sign language 
  6.14  interpreters, the board of Minnesota state colleges and 
  6.15  universities is encouraged to establish entrance competencies in 
  6.16  American Sign Language and English for persons seeking admission 
  6.17  to sign language interpreter service training programs under 
  6.18  their jurisdiction. 
  6.19     Sec. 9.  [STUDY AND REPORT.] 
  6.20     The Minnesota commission serving deaf and hard of hearing 
  6.21  persons, in consultation with sign language 
  6.22  interpreter-transliterator training programs, the Minnesota 
  6.23  Association of Deaf Citizens, the Minnesota Deafblind 
  6.24  Association, the Minnesota Registry of Interpreters of the Deaf, 
  6.25  deaf and hard of hearing services division of the department of 
  6.26  human services, the Minnesota Resource Center, deaf and hard of 
  6.27  hearing services of the department of children, families, and 
  6.28  learning, and other interested citizens shall continue to study 
  6.29  ways to improve the quality of sign language interpreting and 
  6.30  transliterating services throughout Minnesota, including ways to 
  6.31  enhance the training of sign language interpreters and shall 
  6.32  report to the legislature by January 1, 1999, regarding the 
  6.33  state of sign language interpreting and transliterating services 
  6.34  and training in Minnesota.  The commission shall also recommend 
  6.35  to the legislature by January 1, 2004, whether the system for 
  6.36  provisional certification established in Minnesota Statutes, 
  7.1   section 256C.32, should continue or be eliminated; and shall 
  7.2   make recommendations to the legislature by January 1, 1999, as 
  7.3   to how and whether deaf intermediary interpreters should be 
  7.4   certified. 
  7.5      Sec. 10.  [APPROPRIATION.] 
  7.6      $220,000 is appropriated from the general fund to the 
  7.7   commissioner of human services for the biennium ending June 30, 
  7.8   1999, to assist sign language interpreter training programs or 
  7.9   other public or private organizations to develop and implement a 
  7.10  statewide interpreter-transliterator mentoring program, 
  7.11  including the design and development of strategies to deliver 
  7.12  interpreter mentorship opportunities on a statewide basis. 
  7.13     Sec. 11.  [EFFECTIVE DATE.] 
  7.14     Sections 1 to 10 are effective June 1, 1997.