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SF 4353

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:20pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to occupational licensing; creating the Board of Sign Language Interpreters
and Transliterators; requiring licensure; authorizing rulemaking; 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) "Department" means the Department of Health.
new text end

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

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

new text begin (g) "Transliterating" means facilitating communication between individuals who
communicate via spoken words from one language into another, including printed words.
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 individual representing a large employer or business that generates a high volume
of interpreter requests; and
new text end

new text begin (4) three individuals, two of whom are deaf users of interpreting services and one of
whom is a deafblind user of interpreting services.
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 (a) 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 annually. The
requirements of this chapter are in addition to those in section 122A.31.
new text end

new text begin (b) The board shall establish by rulemaking standards for competency to be licensed
under this section, including a method of offering endorsements or license specializations
in different types of transliterating or interpreting services. The board may establish
alternatives to examination requirements including but not limited to:
new text end

new text begin (1) recognition of certification by the Registry of Interpreters for the Deaf (RID) or the
National Association of the Deaf (NAD);
new text end

new text begin (2) recognition of a minimum assessment score on the educational interpreter performance
assessment (EIPA); and
new text end

new text begin (3) recognition of another existing licensure examination in another state.
new text end

new text begin (c) The board shall adopt by rulemaking professional conduct guidelines that require a
license applicant to demonstrate:
new text end

new text begin (1) proficiency in functioning as a communicator of messages between the sender and
receiver and educating users of interpreting and transliterating 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

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, 2023, the initial and renewal fees for
interpreters licensed under section 156B.15 or 156B.25 is $60.
new text end

new text begin (b) The renewal late fee for the registry is $30.
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 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, 2023, an individual who does not meet the requirements for licensure
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 one year and may only be renewed
three times 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 isnew 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.