CHAPTER 232

HB 288-FN - FINAL VERSION

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2001 SESSION

01-0084

10/09

HOUSE BILL 288-FN

AN ACT relative to the licensure of interpreters for the deaf and hard of hearing.

SPONSORS: Rep. Burnham, Ches 8; Rep. Leber, Merr 1; Rep. Dickinson, Carr 2; Rep. Millham, Belk 4; Rep. Emerton, Hills 7; Sen. D'Allesandro, Dist 20; Sen. McCarley, Dist 6; Sen. O'Hearn, Dist 12; Sen. Wheeler, Dist 21

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes the board of licensure for interpreters for the deaf and hard of hearing and authorizes the regulation of interpreters for the deaf and hard of hearing.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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01-0084

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to the licensure of interpreters for the deaf and hard of hearing.

Be it Enacted by the Senate and House of Representatives in General Court convened:

232:1 New Chapter; Interpreters for the Deaf and Hard of Hearing. Amend RSA by inserting after chapter 326-H the following new chapter:

CHAPTER 326-I

INTERPRETERS FOR THE DEAF AND HARD OF HEARING

326-I:1 Findings and Statement of Purpose.

I. The general court finds that while there is no census count, as many as 10,000 New Hampshire citizens live with hearing loss; that of this number perhaps 3,000 men, women, and children are unable to readily understand speech due to the extent of their hearing loss, but instead rely on a visual mode of communication.

II. The general court finds that a significant number of New Hampshire's deaf and hard of hearing, its broad array of public agencies and institutions, and its medical and legal professions share a unique challenge: the necessity to hire professional interpreters licensed to provide ready and reliable communications to and for those who use a visual mode of communication.

III. The general court further finds the mandates of federal and state statutes which require funding of interpreter's services, by the same public agencies and institutions, medical and legal professions, and others of those interpreters requested by the deaf and hard of hearing, is a mandate in itself to the legislature to ensure the availability of a skilled cadre of professional, licensed interpreters.

IV. The purpose of this legislation is:

(a) To provide standards for the licensing and regulation of interpreters for the deaf and hard of hearing.

(b) To ensure interpreters for the deaf and hard of hearing meet rigorous standards, and that by power of revoking their licenses are held accountable for the quality and timeliness of their work.

326-I:2 Definitions. In this chapter:

I. "Board" means the board of licensure of interpreters for the deaf and hard of hearing.

II. "Deaf person" means a person whose sense of hearing is nonfunctional for the purpose of communication and whose primary communication is visual.

III. "Hard-of-hearing person" means a person who has a hearing loss, who may or may not primarily use visual communication, and who may or may not use assistive devices.

IV. "Interpreting" means the process of providing accessible communication between and among persons who are deaf, oral deaf, hard-of-hearing, and who can hear, who do not share a common means of communication. This process includes, without limitation, interpreting and transliterating and visual, gestural, auditory, and tactile communication.

V. "Interpreting agency" means an agency whose function is to provide qualified interpreter services for a fee, usually including a fee for travel time, and who access interpreters licensed under this chapter.

VI. "Interpreter" means a person who provides any of the following services:

(a) English-based transliterating, which includes but is not limited to conveying a message via visible representations of the English language such as manually coded English and oral transliteration. This process conveys information from one mode of English to another mode of English;

(b) American Sign Language-based interpreting, which is the process of conveying information between American Sign Language and English; and

(c) Intermediary interpreting, which means interpreting services rendered by a deaf person to facilitate communication between another deaf person and another licensed interpreter or between 2 or more deaf persons.

VII. "Oral deaf" means a person whose sense of hearing is nonfunctional for the purpose of communication and whose primary communication is by speech reading and spoken English.

326-I:3 Board of Licensing for Interpreters for the Deaf and Hard of Hearing; Administrative Attachment.

I. There shall be a board of licensing for interpreters for the deaf and hard of hearing, each member to be appointed by the governor, with the approval of the council.

II. The board shall consist of 9 members as follows:

(a) Four licensed interpreters, 2 of whom are state level licensees and 2 of whom are national level licensees, from a list of names submitted by the New Hampshire Registry of Interpreters for the Deaf in conjunction with the New Hampshire Association of the Deaf.

(b) Five consumers, including 3 deaf persons from a list of names submitted by the New Hampshire Association of the Deaf, one consumer of oral interpreting services, and a non-deaf member of the public not licensed under this chapter.

III. No member of the board shall serve concurrently in an elected, appointed, or employed position in any other state-level organization representing interpreters for the deaf, if it would present a direct conflict of interest.

IV.(a) Appointments to the board shall be for 3 years, except that one of the initial interpreter members and one of the initial consumer members shall serve one-year terms, and one of the initial interpreter members and one of the initial consumer members shall serve 2-year terms. A member shall hold office until a successor has been appointed and qualified. No member may serve more than 2 consecutive terms. Initial interpreter member appointments to the board shall be required to be licensed under this chapter, as of January 1, 2003.

(b) The governor and council may remove any member of the board for malfeasance, misfeasance, or nonfeasance pertaining to the duties of the board.

(c) The board shall review and take action on all applications for licensure, renewal, and reinstatement licenses for interpreters for the deaf and hard of hearing.

V. Members of the board shall receive mileage incurred while conducting the business of the board.

VI. A quorum of the board shall be 5 members.

VII. The board shall be an administratively attached agency, under RSA 21-G:10, to the department of education.

326-I:4 Powers and Duties of the Board. The powers and duties of the board include:

I. Accepting applications for licensure under this chapter, and approving or denying such applications.

II. Approving and enforcing performance requirements, including education and examination standards, for interpreters for the deaf and hard of hearing.

III. Suspending or revoking licenses and conducting investigations and hearings regarding the denial, suspension, revocation, and renewal of licenses.

IV. Adopting a code of professional conduct for licensees.

V. Renewing licenses for interpreters for the deaf and hard of hearing.

VI. Maintaining a directory of all licensed interpreters for the deaf and hard of hearing. The directory shall be updated, published, and shall be offered for sale to the public at a fee to be equal to the cost of reproduction.

VII. Accepting written complaints from the public against licensees, conducting necessary investigations of such complaints, and publicizing the complaint procedure.

VIII. Accepting funds from federal and other non-state sources to be used for the purposes of this chapter.

IX. Cooperating with the New Hampshire Registry of Interpreters for the Deaf, the New Hampshire Association of the Deaf, Self Help for the Hard of Hearing of New Hampshire, the New Hampshire League for the Hard of Hearing, the department of education, division of vocational rehabilitation, and interpreting agencies to provide access to the services of interpreters to persons communicating with deaf and hard of hearing persons.

X. Reporting to the governor and council annually on the activities conducted under this chapter.

326-I:5 Rulemaking. The board shall adopt rules, pursuant to RSA 541-A, relative to:

I. The form and content of license applications for each license level authorized in RSA 326-I:7, II. For national level licensure such rules shall include application criteria including examinations and examiners used by the Registry of Interpreters for the Deaf or the National Association for the Deaf. For state level licensure such rules shall include the use of the New Hampshire classification test administered by the program for the deaf and hard of hearing under the division of adult learning and rehabilitation, department of education.

II. License and application fees, renewal fees, and any other fees required under this chapter which shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.

III. The conditions under which an applicant from another jurisdiction may be issued a license.

IV. Requirements for continuing professional education and competency of interpreters for the deaf and hard of hearing.

V. The contents of the code of professional conduct, and the application of the code to the provision of services by interpreters.

VI. Expiration of licenses.

VII. The conduct of investigations and hearings under this chapter, consistent with due process requirements.

326-I:6 Application for Licensure. An application for licensure under this chapter shall be filed with the board in such form and detail as required in accordance with rules adopted under RSA 541-A, shall be duly signed and verified, and shall be available for public inspection.

326-I:7 Licensure Required; Exemptions.

I. No person shall receive remuneration as an interpreter for the deaf or hard of hearing or represent oneself as an interpreter for the deaf or hard of hearing in this state after January 1, 2003, unless such person is licensed in accordance with the provisions of this chapter.

II. The board shall license each applicant who satisfies the requirements of the board at either a national level license or a state level license. Upon payment of a license fee for each license level, the board shall issue to such person a certificate of licensure which shall be evidence of the right to practice at the appropriate level as an interpreter for the deaf and hard of hearing.

III. An interpreter for the deaf and hard of hearing certified by the Registry of Interpreters for the Deaf, the National Association of the Deaf, or the New Hampshire Interpreter classification process prior to the effective date of this chapter shall be accepted for licensure by the board, at the appropriate license level, without examination, provided that all such certified persons comply with all other requirements of the board under this chapter.

IV. The following persons shall be exempt from the license requirements of this chapter:

(a) Nonresident certified or licensed interpreters working in this state fewer than 250 hours in the previous calendar year, or as otherwise qualified by rules by the board, provided that such interpreter shall be subject to disciplinary proceedings of the board.

(b) Interpreters for the deaf and hard of hearing working in religious settings.

(c) Interpreters working in emergency situations where the parties determine that the delay to obtain a licensed interpreter is likely to cause injury or loss.

(d) Students exempted under RSA 326-I:8.

(e) Interpreters employed by a school district for a K-12 program.

V. The recipient of services shall have the right to apply to the department of education for, and to receive, a waiver in writing from using a licensed interpreter and shall accept all responsibility for such action.

326-I:8 Persons or Practices Affected.

I. Nothing in this chapter shall be construed to prohibit a student enrolled in a school or courses in interpreting for the deaf and hard of hearing from interpreting for the deaf which is incidental to a course of study of supervised field work.

II. Nothing in this chapter shall prohibit persons registered or otherwise licensed in this state under any other law from engaging in the practice for which they are registered or licensed.

326-I:9 License Requirements; Fees.

I. To be eligible for licensure by the board as an interpreter for the deaf and hard of hearing at either the national level license or the state level license, an applicant shall:

(a) Be at least 18 years of age and make application to the board, upon a form prescribed by the board.

(b) Pay to the board the appropriate license application fee.

(c) Possess the minimum standards of performance and training pursuant to rules adopted by the board under RSA 541-A and RSA 326-I:5.

(d) Demonstrate sufficient evidence of good professional character and reliability to satisfy the board that the applicant shall faithfully and conscientiously avoid professional misconduct and otherwise adhere to the requirements of this chapter.

(e) If applicable, submit proof of licensure in another state in which the licensure requirements are equivalent to or greater than those in this chapter.

II.(a) A license shall be restored after a period of nonrenewal of less than 2 years, if the person pays to the board a restoration fee consisting of the current renewal fee plus any late fee established by rules adopted by the board pursuant to RSA 541-A and submits such evidence of continued professional competence and eligibility for licensure as the board may require.

(b) Any person who fails to renew a license within 3 years after its expiration date may apply for and obtain a new license upon meeting the requirements of this chapter and paying to the board the appropriate fee.

326-I:10 Persons From Other Jurisdictions; Licensure. The board may waive licensure requirements for an applicant who is licensed by another jurisdiction where the requirements for licensure are greater than or equal to those required in this state.

326-I:11 Prohibited Acts. No person shall:

I. Practice as an interpreter for the deaf and hard of hearing after January 1, 2003 without holding a license issued pursuant to this chapter.

II. Fail to comply with an order of the board issued pursuant to this chapter.

III. Fail to comply with a rule adopted pursuant to this chapter.

326-I:12 Reinstatement After Suspension. An interpreter for the deaf and hard of hearing seeking reinstatement of a suspended license shall submit the following to the board:

I. A written request to the board explaining the appropriateness of reinstatement of the license or registration.

II. The required license or application fee.

III. Evidence of competency to practice as established by the board, which shall include continuing education or training, passage of an examination, and practice under the supervision of another licensed interpreter for a period of time set by the board.

326-I:13 License Renewal; Continuing Education. A license issued by the board shall expire on the January 1 following 3 years from the date of issuance. Every person licensed under this chapter who wishes to renew a license shall, on or before the expiration date, pay a fee for renewal of license to the board. The board shall notify each person licensed under this chapter of the date of expiration of such person's license and the renewal fee required. The notice shall be mailed to such person's last known address as provided to the board at least 60 days in advance of the expiration of such license. Renewals are contingent upon evidence of completing the number of continuing education units established by the board. The continuing education units may be earned by attending professional training or completing approved independent studies and regional in-service programs, as determined by the board.

326-I:14 Disciplinary Actions.

I. The board may undertake disciplinary proceedings:

(a) Upon its own initiative; or

(b) Upon written complaint of any person which charges that a person licensed by the board, or an unlicensed person under RSA 326-I:7, IV(a), has committed misconduct under paragraph II and which specifies the grounds for the misconduct.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.

(b) Conviction of any crime which demonstrates unfitness to practice as an interpreter for the deaf and hard of hearing

(c) Violation of the standards adopted under RSA 326-I:4, II and IV, including violations which demonstrate exceeding the level of the licensee's skills commensurate with his or her experience or training.

(d) Demonstrable gross incompetence of the licensee.

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this chapter.

(f) A legal finding of mental incompetence.

(g) Willful or repeated violation of the provisions of this chapter.

(h) Suspension or revocation without subsequent reinstatement of a license, similar to one issued under this chapter, in another jurisdiction.

III.(a) The board may take disciplinary action in any one or more of the following ways:

(1) By public or private reprimand.

(2) By suspension, limitation, or restriction of license.

(3) By revocation of license.

(4) By requiring the person to participate in a program of continuing education supervision, or treatment in the area the person is deficient.

(5) By removing an exemption for an unlicensed person under RSA 326-I:7, IV(a).

(b) Disciplinary action taken under this paragraph may be ordered by the board in a decision made after a hearing in the manner provided by the rules adopted by the board and reviewed in accordance with RSA 541.

(c) No person licensed under this chapter shall continue to practice as an interpreter for the deaf and hard of hearing while the person's license is suspended or revoked.

IV. At any time, the parties in a complaint, with the cooperation of the board, may refer a matter to conflict resolution or mediation services, provided that any proposed resolution of a complaint shall be subject to the approval of the board.

326-I:15 Hearings. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing or formally presented to the board. A hearing shall be held on all formal complaints received by the board within 3 months of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Official notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.

326-I:16 Display of License. Any person who has been issued a license under this chapter shall conspicuously display such license to a client or consumer upon request when acting as an interpreter for the deaf and hard of hearing.

326-I:17 Record; Directory. The board shall maintain a record of its proceedings under this chapter and a directory of all persons licensed under this chapter. The directory shall list the name and last known business address for each licensee, and may include such other information as the board deems necessary.

326-I:18 Penalties. Any person who violates any provision of this chapter or any rule adopted by the board under this chapter, or who knowingly makes a false statement in an application for licensure or in response to any inquiry of the board shall be guilty of a violation. Upon conviction of a second or subsequent violation under this chapter the person shall be guilty of a class A misdemeanor and may, in addition, be subject to a civil penalty of up to $2000 per offense or, in the case of a continuing offense, $250 for each day the violation continues.

232:2 Department of Education; Vocational Rehabilitation; Program for the Deaf and Hard of Hearing; Functions. RSA 200-C:19, IV is repealed and reenacted to read as follows:

IV. Provide administrative support upon request of the board of licensure of interpreters for the deaf and hard of hearing established in RSA 326-I. Such support may include the operation of a state screening for New Hampshire interpreters.

232:3 Department of Education; Vocational Rehabilitation; National Level and State Level Examination Fee. Amend the section heading of RSA 200-C:20-a and RSA 200-C:20-a, I to read as follows:

200-C:20-a [Certification] National Level and State Level Examination Fee; Revolving Fund Established.

I. [Sign language] Interpreters [certified] seeking to be licensed under RSA 326-I who are required to be examined by the department of education [as provided in RSA 200-C:19, IV or RSA 521-A:1, IV] shall be charged a fee for [such certification] the national level or state level examination by the department of education, as appropriate. The state board of education shall establish, pursuant to RSA 541-A, a fee schedule for such purpose. The administrator, bureau of vocational rehabilitation, shall assess and collect such fees.

232:4 Interpreters for the Deaf; Definition of Qualified Interpreter. Amend RSA 521-A:1, IV to read as follows:

IV. "Qualified interpreter" means an interpreter [certified by the national registry of interpreters for the deaf, the New Hampshire registry of interpreters for the deaf, the department of education, or, in the event an interpreter so certified is unavailable, any other interpreter whose actual qualifications have otherwise been appropriately determined] licensed under RSA 326-I.

232:5 Repeal. The following are repealed:

I. RSA 521-A:7, relative to the coordination of interpreter requests.

II. RSA 521-A:8, relative to compensation for interpreters for the deaf in court proceedings.

232:6 Effective Date. This act shall take effect July 1, 2001.

(Approved: July 13, 2001)

(Effective Date: July 1, 2001)