TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 326-I
INTERPRETERS FOR THE DEAF, DEAFBLIND, AND HARD OF HEARING

Section 326-I:1

    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, deafblind, 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 qualified interpreters licensed to provide ready and reliable communications to and for those who use a visual and/or tactile 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, deafblind, and hard of hearing, is a mandate in itself to the legislature to ensure the availability of a skilled cadre of qualified, licensed interpreters.
IV. The purpose of this legislation is:
(a) To provide standards for the licensing and regulation of interpreters for the deaf, deafblind, and hard of hearing.
(b) To ensure interpreters for the deaf, deafblind, 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.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:2, 3, eff. Jan. 1, 2022.

Section 326-I:2

    326-I:2 Definitions. –
In this chapter:
I. "Board" means the board of licensure of interpreters for the deaf, deafblind, and hard of hearing.
II. "Deaf" person means a person whose primary communication is visual.
III. "Deafblind" person means a person who has a combination of hearing loss and vision loss. A person who uses a combination of visual and/or tactile communication.
IV. "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.
V. "Intermediary interpreting" means interpreting services rendered by a deaf person between another deaf or deafblind person and another licensed interpreter or between 2 or more deaf or deaf blind persons.
VI. "Interpreter" means a person who conveys meaning between people who use signed language and spoken language.
VII. "Interpreting" means the act of conveying meaning between people who use signed and/or spoken languages.
VIII. "Interpreting organization" means an organization whose function is to provide qualified interpreter services for a fee and who access interpreters licensed under this chapter.
IX. "Oral deaf" person means a person whose primary communication is speech reading and spoken English.
X. "Qualified interpreter" means an interpreter meeting the requirements of this chapter.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:4, eff. Jan. 1, 2022.

Section 326-I:3

    326-I:3 Board of Licensing for Interpreters for the Deaf, Deafblind, and Hard of Hearing; Administrative Attachment. –
I. There shall be a board of licensing for interpreters for the deaf, deafblind, 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, at least 2 of whom hold national certification, from 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 or deafblind persons from 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, deafblind, or hard of hearing 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, deafblind, 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.

Source. 2001, 232:1. 2006, 31:1, eff. July 1, 2006. 2021, 86:2, 5, eff. Jan. 1, 2022.

Section 326-I:4

    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, deafblind, 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, deafblind, and hard of hearing.
VI. Maintaining a directory of all licensed interpreters for the deaf, deafblind, 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, the Association of Late Deafened Adults (ALDA), Northeast Deaf and Hard of Hearing Services, Inc., the department of education, division of vocational rehabilitation, and interpreting organizations to provide access to the services of interpreters to persons communicating with deaf, deafblind, and hard of hearing persons.
X. Reporting to the governor and council annually on the activities conducted under this chapter.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:2, 6, eff. Jan. 1, 2022.

Section 326-I:5

    326-I:5 Rulemaking. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The form and content of license applications authorized in RSA 326-I:7, II. For licensed interpreters such rules shall include application criteria including proof of an approved valid credential.
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, deafblind, 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.
VIII. Procedural and substantive requirements for assessing, compromising, and collecting administrative fines as authorized by RSA 326-I:14, III.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:2, 7, 8, eff. Jan. 1, 2022.

Section 326-I:6

    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.

Source. 2001, 232:1, eff. July 1, 2001.

Section 326-I:7

    326-I:7 Licensure Required; Exemptions. –
I. No person shall receive remuneration as an interpreter for the deaf, deafblind, or hard of hearing or represent oneself as an interpreter for the deaf, deafblind, 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, including a valid credential recognized by the board. Upon payment of a license fee, the board shall issue to such person a certificate of licensure which shall be evidence of the right to practice as an interpreter for the deaf, deafblind, and hard of hearing.
III. The following persons shall be exempt from the license requirements of this chapter:
(a) Nonresident interpreters legally certified or legally trained by a board recognized body when working in legal settings, provided that such interpreter shall be subject to disciplinary proceedings of the board.
(b) Interpreters for the deaf, deafblind 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.
(f) Court reporters licensed under RSA 310-A:161-RSA 310-A:181 while employed as court reporters as defined in RSA 310-A:162, II.
(g) Interpreters holding a valid credential from a board recognized body who are representatives from a critical shortage area (any area that is currently underrepresented in the licensed pool) provided that such interpreter shall be subject to disciplinary proceedings of the board.
(h) An individual interpreting between a pair of signed languages for which there is no existing certification, provided that such interpreter shall be subject to disciplinary proceedings of the board.
IV. 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.

Source. 2001, 232:1. 2006, 31:3; 76:21. 2007, 300:2, eff. July 1, 2007. 2021, 86:9, eff. Jan. 1, 2022.

Section 326-I:8

    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, deafblind, 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.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:2, eff. Jan. 1, 2022.

Section 326-I:9

    326-I:9 License Requirements; Fees. –
I. To be eligible for licensure by the board as an interpreter for the deaf, deafblind, and hard of hearing, 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.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:10, eff. Jan. 1, 2022.

Section 326-I:10

    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.

Source. 2001, 232:1, eff. July 1, 2001.

Section 326-I:11

    326-I:11 Prohibited Acts. –
No person shall:
I. Practice as an interpreter for the deaf, deafblind, 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.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:2, eff. Jan. 1, 2022.

Section 326-I:12

    326-I:12 Reinstatement After Suspension. –
An interpreter for the deaf, deafblind, 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.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:2, eff. Jan. 1, 2022.

Section 326-I:13

    326-I:13 License Renewal. – A license issued by the board shall expire on the September 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 demonstration of the licensee satisfying the requirements of this chapter.

Source. 2001, 232:1. 2006, 31:2, eff. July 1, 2006. 2021, 86:11, eff. Jan. 1, 2022.

Section 326-I:14

    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, III(a), III(g), or III(h) or RSA 326-I:7, IV, 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, deafblind, 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 assessing an administrative fine.
(5) By requiring the person to participate in a program of continuing education supervision, or treatment in the area the person is deficient.
(6) By removing an exemption for an unlicensed person under RSA 326-I:7.
(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, deafblind, 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.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:2, 12, 13, eff. Jan. 1, 2022.

Section 326-I:15

    326-I:15 Hearings; Exception. – I. 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 one year 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.
II. When an action by a licensed interpreter does not violate the Code of Professional Conduct but has an adverse consequence to a recipient of services and/or is not standard practice, an involved participant or a concerned third party may file a complaint with the board which asks for the board to provide conflict resolution or mediation services between the parties. To accept, investigate, and act on such a filing, a majority of present board members must agree there is an opportunity for resolution that will result in an improvement of interpreting services. In these instances, there will be no possible suspension or revocation of the interpreter's license, nor shall the board be required to hold a hearing.

Source. 2001, 232:1. 2014, 34:12, eff. Jan. 1, 2015. 2021, 86:14, eff. Jan. 1, 2022.

Section 326-I:16

    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, deafblind, and hard of hearing.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:2, eff. Jan. 1, 2022.

Section 326-I:17

    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 contact information for each licensee, and may include such other information as the board deems necessary.

Source. 2001, 232:1, eff. July 1, 2001. 2021, 86:15, eff. Jan. 1, 2022.

Section 326-I:18

    326-I:18 Penalties. –
I. Any person who shall practice or attempt to practice as an interpreter for the deaf, deafblind and hard of hearing in this state without a license and without a waiver under RSA 326-I:7, IV shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
II. Any person who violates any other 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 $2,000 per offense or, in the case of a continuing offense, $250 for each day the violation continues.

Source. 2001, 232:1. 2006, 76:11, eff. July 1, 2006. 2021, 86:16, eff. Jan. 1, 2022.