HB 1333

1	A bill to be entitled
2	An act relating to interpreters for the deaf and hard of
3	hearing; creating pt. XV of ch. 468, F.S.; creating s.
4	468.90, F.S.; providing definitions; creating s. 468.901,
5	F.S.; creating the Board of Interpreters for the Deaf and
6	Hard of Hearing under the Department of Health; providing
7	for appointment, qualifications, and terms of board
8	members; creating s. 468.902, F.S.; providing for board
9	headquarters; creating s. 468.903, F.S.; requiring certain
10	persons to be licensed or hold a permit to practice;
11	creating s. 468.904, F.S.; providing for license and
12	permit application and renewal, reinstatement, extension,
13	suspension, and revocation; providing rulemaking
14	authority; creating s. 468.905, F.S.; providing for
15	application, examination, license, and permit fees;
16	creating s. 468.906, F.S.; providing restrictions on and
17	qualifications for licensure and permit holding; providing
18	for licensure and permit types; creating s. 468.907, F.S.;
19	providing for surrender or seizure of suspended or revoked
20	licenses and permits; requiring payment of certain fee
21	upon reinstatement; prohibiting practice under certain
22	circumstances; creating s. 468.908, F.S.; providing
23	requirements for inactive status; creating s. 468.909,
24	F.S.; providing continuing education requirements;
25	creating s. 468.910, F.S.; providing requirements for
26	submitting certain complaints; requiring the board to
27	compile certain complaint data; providing that
28	disciplinary proceedings shall be conducted under s.
29	456.073, F.S.; providing grounds for board recommendation
30	of revocation or suspension of license or permit or other
31	disciplinary action; creating s. 468.911, F.S.; providing
32	exemptions from regulation under the part; creating s.
33	468.912, F.S.; prohibiting certain acts; providing
34	penalties; creating s. 468.913, F.S.; establishing
35	privilege for certain conversations; providing for
36	voluntary disclosure of certain privileged conservations;
37	creating s. 468.914, F.S.; providing rulemaking authority;
38	providing an effective date.
39
40	WHEREAS, the Legislature declares the practice of manual or
41	oral interpreting and transliterating services affects the
42	public health, safety, and welfare; therefore, the licensure of
43	these practices is necessary to ensure minimum standards of
44	competency and to provide the public with safe and accurate
45	manual or oral interpreting or transliterating services, and
46	WHEREAS, it is the intent of the Legislature to provide for
47	the regulation of persons in the state offering manual or oral
48	interpreting or transliterating services to individuals who are
49	deaf, hard of hearing, or dependent on the use of manual modes
50	of communication, NOW, THEREFORE,
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1.  Part XV of chapter 468, Florida Statutes,
55	consisting of sections 468.90, 468.901, 468.902, 468.903,
56	468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.910,
57	468.911, 468.912, 468.913, and 468.914, is created to read:
58	PART XV
59	INTERPRETERS FOR DEAF AND HARD OF HEARING
60
61	468.90  Definitions.--As used in this part, the term:
62	(1)  "American Sign Language" means a fully developed
63	visual-gesture language with distinct grammar, syntax, and
64	symbols that is the primary language used by the deaf community
65	in the United States.
66	(2)  "American Sign Language Proficiency Interview" or
67	"Sign Communication Proficiency Interview" means the assessment
68	of fluency in American Sign Language.
69	(3)  "Board" means the Board of Interpreters for the Deaf
70	and Hard of Hearing.
71	(4)  "Cued speech" means a phonetically based system to
72	enable spoken language to appear visually through the use of
73	hand shapes and specific locations in combination with natural
74	mouth movements to represent sounds of spoken language.
75	(5)  "Deaf" means a nonfunctional sense of hearing for the
76	purpose of communication and whose primary means of
77	communication is visual. Unless otherwise specified, "deaf" also
78	means hard of hearing or deaf-blind.
79	(6)  "Deaf-blind" means senses of hearing and sight that
80	are limited for the purpose of communication. A deaf-blind
81	person's primary means of communication is visual or tactile.
82	(7)  "Deaf interpreter" means a person who engages in the
83	practice of interpreting in a setting that requires two or more
84	interpreters in order to facilitate communication between
85	persons who are deaf or hard of hearing and those who are
86	hearing.
87	(8)  "Department" means the Department of Health.
88	(9)  "Educational interpreter" means an interpreter who
89	engages in the practice of interpreting in a prekindergarten
90	through grade 12 setting.
91	(10)  "Educational Interpreter Evaluation" means the test
92	administered by the Florida Registry of Interpreters for the
93	Deaf, Inc., to assess the skills of educational interpreters in
94	the state and consists of three levels: Level 1, which is the
95	lowest skill level; Level 2, which is the intermediate skill
96	level; and Level 3, which is the highest skill level.
97	(11)  "Educational Interpreter Performance Assessment"
98	means the assessment developed by staff members of Boys Town
99	National Research Hospital with partial support from the
100	National Institute of Health-National Institute on Deafness and
101	other Communication Disorders grant, D-60 DC00982.
102	(12)  "Florida Registry of Interpreters for the Deaf, Inc."
103	means the state affiliate chapter of the national Registry of
104	Interpreters for the Deaf, Inc.
105	(13)  "Hard of hearing" means a hearing loss that results
106	in the possible dependence on visual methods to communicate.
107	(14)  "Interpreter" means a person who engages in the
108	practice of interpreting for the deaf or hard of hearing and,
109	unless otherwise specified, means a person who engages in the
110	practice of transliterating.
111	(15)  "Interpreter service consumer" means the person for
112	whom the interpreter facilitates communication.
113	(16)  "Interpreting" means the process of providing
114	accessible communication between persons who are deaf or hard of
115	hearing and those who are hearing and includes, but is not
116	limited to, communication between American Sign Language and
117	English or other modalities that involve visual, gestural, and
118	tactile methods of communication.
119	(17)  "Mentorship" means professional guidance by a
120	qualified practitioner, as provided by board rule, on a formal
121	or an informal basis.
122	(18)  "Multilingual interpreting" means the act of
123	interpreting in a setting that requires not only skill in
124	English and American Sign Language, but also another language,
125	whether oral or signed, and cultural sensitivity and knowledge
126	of the parties involved.
127	(19)  "National Association of the Deaf" means the entity
128	that certified sign language interpreters at a national level,
129	though the association no longer administers its certification
130	examination, and whose certifications consist of Level III,
131	Generalist; Level IV, Advanced; and Level V, Master; and are
132	recognized in the Registry of Interpreters for the Deaf, Inc.
133	(20)  "National Council on Interpreting" means the joint
134	council of the Registry of Interpreters for the Deaf, Inc., and
135	the National Association of the Deaf that issues a National
136	Interpreter Certification certifying sign language interpreters
137	at the national level.
138	(21)  "Oral interpreting" means facilitating a mode of
139	communication using speech, speechreading, and residual hearing
140	and situational and culturally appropriate gestures without the
141	use of sign language.
142	(22)  "Quality Assurance Screening" means the examination
143	administered by the Florida Registry of Interpreters for the
144	Deaf, Inc., to monitor the progress of uncertified apprentice
145	interpreters in the state which examination consists of three
146	levels: Level I, Beginner Apprentice; Level II, Intermediate
147	Apprentice; and Level III, Advanced Apprentice.
148	(23)  "Registry of Interpreters for the Deaf, Inc.," means
149	the entity that certifies sign language and oral interpreters at
150	the national level and that grants a specialist certificate in
151	the area of legal interpreting.
152	(24)  "Sign language" means a continuum of visual-gestural
153	language and communication systems based on hand signs and is
154	not limited to American Sign language.
155	(25)  "Student" or "intern" means a person enrolled in a
156	course of study or mentorship or an apprenticeship program that
157	leads to a certificate or degree at an accredited institution or
158	a license in interpreting.
159	(26)  "Teaching, Education, and Certification Unit" means
160	the national organization that assesses and certifies cued
161	speech transliterators.
162	(27)  "Transliterating" means the process of providing
163	accessible communication between persons who are deaf or hard of
164	hearing and those who are hearing primarily using a signed mode
165	of English and spoken English.
166	(28)  "Transliterator" means a person who engages in the
167	practice of transliterating.
168	468.901  Board of Interpreters for the Deaf and Hard of
169	Hearing; membership, appointment, terms.--
170	(1)  The Board of Interpreters for the Deaf and Hard of
171	Hearing is created within the Department of Health and initially
172	shall consist of seven members appointed by the Governor and
173	confirmed by the Senate, as follows:
174	(a)  Three members shall meet the qualifications set forth
175	in this part to be eligible to become fully licensed
176	interpreters, one of whom must be a practicing educational
177	interpreter, and the three members shall be appointed from a
178	list of nine individuals recommended by the Florida Registry of
179	Interpreters for the Deaf, Inc.
180	(b)  One member shall be a deaf or hard of hearing
181	interpreter who meets the qualifications set forth in this part
182	to be eligible to hold a permit, provisional license, or
183	license, and shall be appointed from a list of three individuals
184	recommended by the Florida Registry of Interpreters for the
185	Deaf, Inc.
186	(c)  Two members shall be deaf or hard of hearing, one of
187	whom must use American Sign Language as a primary mode of
188	communication, and shall be appointed from a list of six
189	individuals recommended by the Florida Coordinating Council on
190	Deaf and Hard of Hearing.
191	(d)  One member shall be a private citizen who is hearing
192	and who does not hold a license or permit to interpret for the
193	deaf or hard of hearing.
194	(2)  Members appointed after the initial appointments shall
195	be licensed or hold a permit for which the initial appointees
196	were eligible pursuant to paragraphs (1)(a) and (b).
197	(3)  Members of the board shall be appointed for terms of 4
198	years, except that:
199	(a)  Of the members initially appointed under paragraph
200	(1)(a), one member shall serve a term of 2 years and one member
201	shall serve a term of 3 years.
202	(b)  The member initially appointed under paragraph (1)(b)
203	shall serve a term of 1 year.
204	(c)  Of the members initially appointed under paragraph
205	(1)(c), one member shall serve a term of 3 years.
206	(4)  No member may serve more than two consecutive terms.
207	(5)  All provisions of chapter 456 relating to the
208	activities of regulatory boards under the Department of Health
209	shall apply to the board.
210	468.902  Board headquarters.--The board shall maintain its
211	official headquarters in Tallahassee.
212	468.903  Authority to practice.--Any person who receives
213	remuneration as an interpreter, represents himself or herself as
214	an interpreter, or conveys the impression of or assumes the
215	identity of an interpreter must be licensed or hold a permit in
216	accordance with the provisions of this part.
217	468.904  Application and renewal, reinstatement, extension,
218	suspension, and revocation process.--
219	(1)  The board shall adopt by rule procedures necessary to
220	implement the requirements for license and permit application,
221	license renewal, license reinstatement, permit extension,
222	license and permit suspension and revocation, and continuing
223	education requirements.
224	(2)  An application for a license or permit and license or
225	permit renewal shall be submitted to the board.
226	(3)  An application shall include, but not be limited to:
227	(a)  Proof of issuance of a valid recognized credential.
228	(b)  A recent passport or other official photograph of the
229	applicant.
230	(c)  Payment of the required nonrefundable application fee.
231	(4)  The board shall adopt by rule procedures for handling
232	incomplete applications.
233	(5)  Each license or permit must be renewed no later than
234	March 1 of each year.
235	(6)  An application for license renewal or permit extension
236	shall be submitted annually to the board and shall include, but
237	not be limited to, the following:
238	(a)  Proof of issuance of a valid recognized credential.
239	(b)  Proof of completion of the required continuing
240	education, if applicable.
241	(c)  The renewal or extension fee, including the late fee,
242	if appropriate.
243	(7)  The board shall approve the issuance of a license or
244	permit, a renewal of the license, or an extension of a permit
245	upon its determination that the credentials and documents are
246	complete.
247	(8)  An application for reinstatement of a suspended
248	license or permit shall include, but not be limited to, the
249	following:
250	(a)  Proof of license credentials.
251	(b)  The nonrefundable application fee.
252	(c)  A written request including the appropriateness of
253	reinstatement.
254	(d)  Proof of completion of continuing education, as
255	applicable.
256	(9)  An application for reinstatement of a revoked license
257	or permit must include, but not be limited to, the following:
258	(a)  Proof of license credentials.
259	(b)  The nonrefundable application fee.
260	(c)  A written request including the appropriateness of
261	reinstatement.
262	(d)  Proof of completion of continuing education, as
263	applicable.
264	(10)  Upon a majority vote of the board to deny a license
265	or permit application, license renewal, license reinstatement,
266	or permit extension, the board shall notify the applicant of the
267	reasons for the denial in writing no later than 30 calendar days
268	after the board's action.
269	(11)  A person who is issued a license or permit under this
270	part and who is acting as an interpreter shall display the
271	license or permit to a client or an interpreter service consumer
272	upon request.
273	(12)  A person who is issued a license or permit under this
274	part shall notify the board of any change in his or her address
275	no later than 30 days after the change.
276	468.905  Fees.--The board shall establish by rule the fees
277	to be paid, as follows:
278	(1)  Application fee, not to exceed $35.
279	(2)  Examination fee, not to exceed $100, which is
280	refundable if the applicant is found to be ineligible to take
281	the examination.
282	(3)  Reexamination fee, not to exceed $100.
283	(4)  Initial license or permit fee, not to exceed $150.
284	(5)  Annual license renewal fee, not to exceed $150.
285	(6)  Permit extension fee, not to exceed $50.
286	(7)  License reinstatement application fee, not to exceed
287	$70.
288	468.906  License and permit; qualifications.--
289	(1)  RESTRICTIONS.--A license or permit may not be issued
290	under this part to:
291	(a)  Any person convicted of a felony.
292	(b)  Any person who has not received a high school diploma
293	or its equivalent.
294	(c)  Any person who is not 18 years of age or older.
295	(2)  INTERPRETER OR TRANSLITERATOR LICENSE.--An applicant
296	must hold one or more of the following valid certifications or
297	degrees to be eligible for licensure as an interpreter or
298	transliterator:
299	(a)  A Registry of Interpreters for the Deaf, Inc.,
300	certification, except that oral certification shall be
301	recognized to provide oral transliteration services only.
302	(b)  A National Association of the Deaf Certification,
303	Level IV or Level V.
304	(c)  A National Interpreting Council certification.
305	(d)  A Teaching, Education, Certification Unit
306	Transliteration Skills certification, which shall be recognized
307	for a transliteration license to provide only cued speech
308	transliteration services.
309	(e)  An associate of arts degree or an associate of science
310	degree held by an interpreter certified on or after January 1,
311	2010.
312	(f)  A bachelor of arts degree or a bachelor of science
313	degree held by an interpreter certified on or after January 1,
314	2012.
315	(3)  PROVISIONAL LICENSE.--
316	(a)  An applicant must have successfully completed one or
317	more of the following assessments to be eligible for provisional
318	licensure:
319	1.  Florida Registry of Interpreters for the Deaf, Inc.,
320	Quality Assurance Screening, Level II or Level III.
321	2.  Florida Registry of Interpreters for the Deaf, Inc.,
322	Educational Interpreter Evaluation, Level II or Level III.
323	3.  National Association of the Deaf, Level III.
324	4.  Educational Interpreter Performance Assessment, Level
325	IV or Level V.
326	5.  Teaching, Education, Certification Unit Cued American
327	English Competency Screening, Level 3.3?4.0, except the
328	assessment shall be recognized for a provisional license to
329	provide only cued speech transliteration services.
330	(b)  An applicant for a deaf interpreter's provisional
331	license must have received a passing score on the Certified Deaf
332	Interpreter written examination and received a superior or
333	advanced plus rating on the Sign Communication Proficiency
334	Interview or the American Sign Language Proficiency Interview
335	assessment.
336	(c)  The provisional license is active for not more than 5
337	years after the date of issuance, except that the board may
338	issue a 1-year extension. The board shall not issue more than
339	one extension of a provisional license.
340	(4)  TEMPORARY LICENSE.--An interpreter temporarily
341	residing in the state who meets the criteria for licensure under
342	this part may hold a temporary license for a period not to
343	exceed 6 months after the date of issuance of the temporary
344	license. An interpreter may hold only one temporary license in a
345	calendar year.
346	(5)  SPECIAL LIMITED LICENSE.--
347	(a)  The board shall have the authority, upon presentation
348	of satisfactory proof of competency and under rules adopted by
349	the board, to issue a special limited license to an individual
350	who demonstrates competency in a specialized area for which no
351	formal, generally recognized evaluation exists. Specialized
352	areas associated with the practice of interpreting include, but
353	are not limited to, interpreting for the deaf-blind,
354	multilingual interpreting, and certain nonsign modalities.
355	(b)  Special limited licenses shall be granted until
356	formal, generally recognized evaluative methods for these
357	modalities are instituted.
358	(c)  Special limited licenses shall state the limitations
359	as to the specialized area for which the licensee demonstrates
360	competency.
361	(d)  Licenses issued under this subsection are subject to
362	the provisions of this part and the rules adopted by the board,
363	except an applicant shall not be required to demonstrate any
364	knowledge or expertise in any communication modality other than
365	the one the applicant claims as the area of his or her
366	specialty.
367	(e)  The board shall establish by rule separate educational
368	requirements for specific modalities to determine the competency
369	claimed by the applicant for a special limited license.
370	(f)  The board shall adopt rules regarding the development
371	and implementation of criteria and licensure standards for
372	interpreters specializing in deaf-blind communication.
373	(g)  Special limited licenses shall be recognized only for
374	the area of special competency specified on the license.
375	(6)  PERMIT.--
376	(a)  An applicant for a permit must have successfully
377	passed one of the following assessments to be eligible to hold a
378	permit under this subsection:
379	1.  Florida Registry of Interpreters for the Deaf, Inc.,
380	Quality Assurance Screening, Level I.
381	2.  Florida Registry of Interpreters for the Deaf, Inc.,
382	Educational Interpreter Evaluation, Level I.
383	3.  Educational Interpreter Performance Assessment, Level
384	III.
385	(b)  An applicant for a deaf interpreter's permit must have
386	successfully completed 20 documented hours of interpreter
387	training, of which 16 hours must be certified deaf interpreter
388	specific, and must have attained a superior or advanced plus
389	rating on the Sign Communication Proficiency Interview or the
390	American Sign Language Proficiency Interview assessment.
391	(c)  A deaf interpreter's permit may not be held for more
392	than 2 years following the date of issuance, except the board
393	may approve a 1- year extension of the permit. The board shall
394	not issue more than one extension of a permit.
395	(d)  Deaf interpreters must submit an audiogram or
396	audiological report with proof of hearing loss.
397	(7)  REGISTERED PERMIT.--A registered permit shall be
398	issued not later than July 1, 2008. Any interpreter who provides
399	interpreter services prior to the date of enactment of this
400	part, who does not meet the requirements of this part, and who
401	has registered with the department not later than 60 calendar
402	days after the date of enactment of this part, shall be issued a
403	registered permit valid for a period of 2 years after the date
404	of enactment of this part. Any interpreter who first provides
405	interpreter services after the date of enactment of this part
406	shall comply with the licensing or permitting requirements under
407	this part.
408	(8)  TEMPORARY PERMIT.--
409	(a)  A person from another state, whether or not he or she
410	holds a valid interpreter's credential from that state, may hold
411	a temporary permit for a period not to exceed 6 months after the
412	date of issuance of the temporary permit.
413	(b)  A person who holds a temporary permit must submit
414	proof of having applied to the department, no later than 60 days
415	after the date of issuance of the temporary permit, for one of
416	the following:
417	1.  Licensure.
418	2.  Temporary licensure.
419	3.  Provisional licensure.
420	4.  Permit.
421	5.  Special limited license.
422	(c)  A person may hold only one temporary permit.
423	468.907  Suspended or revoked license or permit.--
424	(1)  A license or permit suspended or revoked by the board
425	is subject to immediate expiration and surrender to the
426	department.
427	(2)  The department has the right to immediately seize a
428	suspended or revoked license or permit.
429	(3)  The licensee or permitholder shall pay the
430	reinstatement fee if the suspended or revoked license is
431	reinstated by the board.
432	(4)  A renewed license or permit shall not entitle the
433	licensee or permitholder to engage in the practice of
434	interpreting until the suspension or revocation period has ended
435	or is otherwise removed by the board and the right to practice
436	is restored by the board.
437	468.908  Inactive status.--Any interpreter who notifies the
438	board on forms prescribed by board rule may place his or her
439	license on inactive status and shall be exempt from payment of
440	renewal fees until he or she applies for reinstatement and the
441	reinstatement is approved by the board and a license is issued.
442	(1)  Any interpreter who requests reinstatement from
443	inactive status shall pay the reinstatement fee and shall meet
444	the requirements for reinstatement as determined by board rule.
445	(2)  Any interpreter whose license is inactive shall not
446	practice in the state.
447	(3)  Any interpreter who practices interpreting while his
448	or her license is on inactive status shall be considered
449	practicing without a license and is subject to disciplinary
450	action.
451	(4)  An interpreter may submit a request for inactive
452	status for up to 2 years, after which the inactive interpreter
453	may petition the board for an extension of an inactive status as
454	determined by board rule.
455	468.909  Continuing education.--
456	(1)  A licensed interpreter shall annually submit proof of
457	current certification and indicate his or her compliance or
458	noncompliance with the requirements of the Registry of
459	Interpreters for the Deaf, Inc., Certification Maintenance
460	Program.
461	(2)  A licensed Teaching, Education, and Certification Unit
462	cued speech transliterator shall submit proof of successful
463	completion of 2.0 units of continuing education during the
464	preceding 12 months ending March 15 of each year.
465	(3)  A provisional licensed interpreter shall annually
466	submit proof of completion of 2.0 units of continuing education
467	during the preceding 12 months ending March 15 of each year,
468	which also shall indicate compliance with the Registry of
469	Interpreters for the Deaf, Inc., in the Associate Continuing
470	Education Training program.
471	(4)  Registered permitholders shall annually submit proof
472	of successful completion of 2.0 units of continuing education
473	during the preceding 12 months ending March 15 of the year in
474	which application is made.
475	(5)  Each licensee and permitholder is responsible for
476	maintaining records of successful completion of the continuing
477	education required by this subsection and transmitting a copy of
478	the record to the board.
479	468.910  Complaint process; grievances.--
480	(1)  Complaints regarding dishonorable, unethical, or
481	unprofessional conduct of an interpreter or transliterator shall
482	be submitted to the board in writing or by videotape with a
483	completed complaint form not later than 1 calendar year after
484	the occurrence of the alleged violation.
485	(2)  Complaints shall be compiled by the board and shall
486	include, but are not limited to:
487	(a)  The name of the licensee.
488	(b)  The name of the complainant.
489	(c)  The date of the alleged violation.
490	(d)  The date of the complaint.
491	(e)  A brief statement detailing the nature of the
492	complaint.
493	(f)  The final disposition of the complaint.
494	(3)  The department shall acknowledge all complaints in
495	writing no later than 10 business days after receipt of the
496	complaint.
497	(4)  Disciplinary proceedings shall be conducted pursuant
498	to s. 456.073.
499	(5)  The board may recommend to the department the
500	revocation or suspension of a license or permit, or such
501	disciplinary action as the board deems appropriate, for conduct
502	that may result in or from, but not limited to:
503	(a)  Obtaining or attempting to obtain a license under this
504	part through bribery, misrepresentation, concealment of material
505	fact, or fraudulent misrepresentation.
506	(b)  Having been found guilty of fraud, misrepresentation,
507	concealment, or material misstatement of fact or deceit in
508	connection with providing interpreter or transliterator
509	services.
510	(c)  Having violated any standard of professional or
511	ethical conduct adopted by board rule.
512	(d)  Having been found guilty of unprofessional conduct,
513	including, but not limited to:
514	1.  Making a false or fraudulent statement in any document
515	connected with the practice of interpreting or transliterating.
516	2.  Willfully violating a privileged communication.
517	3.  Willfully violating confidentiality.
518	4.  Knowingly performing an act that aids or assists an
519	unlicensed person to practice interpreting or transliterating in
520	violation of this part.
521	5.  Practicing interpreting or transliterating under a
522	false or assumed name.
523	6.  Advertising for the practice of interpreting or
524	transliterating in a deceptive or unethical manner.
525	7.  Performing as an interpreter or transliterator while
526	intoxicated or under the influence of illegal drugs.
527	8.  Committing repeated violations of any of the rules of
528	the board or provisions of this part.
529	9.  Committing repeated acts of gross misconduct in the
530	practice of interpreting or transliterating.
531	10.  Demonstrating a pattern of practice or other behavior
532	that demonstrates incapacity or incompetence to practice under
533	this part.
534	(e)  Having violated any lawful order or any provision of
535	the part or the rules adopted thereunder.
536	(f)  Aiding or assisting another person in violating any
537	provision of this part or any rule adopted thereunder.
538	468.911  Exemptions.--The following interpreters or
539	transliterators are exempt from this part:
540	(1)  An interpreter or transliterator who provides
541	interpreting services solely at a worship service or religious
542	ceremony conducted by a religious organization or for
543	educational purposes for a religious entity or religious-
544	affiliated school that does not receive public moneys, except
545	this exemption does not apply to settings that require
546	compliance with the Americans with Disabilities Act.
547	(2)  An interpreter or transliterator who provides
548	interpreting services during an emergency. For purposes of this
549	subsection, "emergency" means a situation in which, after
550	documented attempts to obtain the services of a licensed
551	interpreter, an individual who is deaf or hard of hearing
552	determines that the delay in obtaining a licensed interpreter
553	might lead to injury or loss to the individual requiring
554	services, provided:
555	(a)  The services of a licensed interpreter must continue
556	to be sought during the emergency in which the unlicensed
557	interpreter is providing interpreting services.
558	(b)  An interpreter is acting under the Good Samaritan Act,
559	as determined by board rule.
560	(3)  An interpreter who is not a resident of this state and
561	who:
562	(a)  Is registered in this state, for a period not to
563	exceed 30 nonconsecutive calendar days in a calendar year, to
564	engage in interpreting, including, but not limited to,
565	conference interpreting, video-relay interpreting, or
566	interpreting while on a cruise vessel, and who may or may not
567	hold a valid credential from another state, except that:
568	1.  The nonresident interpreter must provide proof to the
569	board of having submitted an application for a license or permit
570	before the expiration of his or her registration.
571	2.  Interpreting services provided during a declared
572	national or state emergency will not be included in the 30-day
573	registration restriction.
574	(b)  Practices under the authority of the board and this
575	part.
576	(4)  Any person who provides interpreting services pro bono
577	or for remuneration under circumstances that do not allow for
578	the fulfillment of the provisions for licensure or permitting
579	under this part and in circumstances under which the services of
580	a qualified interpreter are not required under the provisions of
581	the federal Americans with Disabilities Act of 1990, section 504
582	of the Rehabilitation Act of 1973, the Individuals with
583	Disabilities Education Improvement Act of 2004, the No Child
584	Left Behind Act of 2001, or the regulations adopted thereunder.
585	(5)  A student, intern interpreter, or person who
586	interprets in the presence of a supervising mentor who:
587	(a)  Is enrolled in a course of study or mentorship program
588	leading to a certificate, degree, or licensure in interpreting,
589	provided that the student, intern, or person who interprets in
590	the presence of a supervising mentor engages only in activities
591	and services that constitute a part of a supervised plan of
592	study that clearly designates him or her as a student, intern,
593	or person interpreting in the presence of a supervising mentor.
594	(b)  Interprets in the presence of a qualified supervising
595	mentor. The qualified supervising mentor must be:
596	1.  A fully licensed interpreter or transliterator with a
597	minimum of 5 years of interpreting experience or an instructor
598	in an interpreter training program who has three letters of
599	recommendation from individuals already approved as mentors; or
600	2.  A deaf mentor meeting the requirements for a
601	provisional license.
602	468.912  Illegal acts; penalties.--Any person who attempts
603	to practice interpreting or transliterating for remuneration or
604	on a voluntary basis for an interpreter service consumer without
605	first having obtained a valid license or permit, who knowingly
606	files false information with the board for the purpose of
607	obtaining a license or permit, or who otherwise violates this
608	part commits a misdemeanor of the first degree, punishable as
609	provided in s. 775.082 or s. 775.083. Violations include, but
610	are not limited to:
611	(1)  Obtaining or attempting to obtain a license or permit
612	by means of fraud, bribery, misrepresentation, or concealment of
613	material facts.
614	(2)  Knowingly performing an act that in any way aids or
615	assists an unlicensed person or a person who does not hold a
616	valid permit to practice interpreting or transliterating.
617	(3)  Interpreting or transliterating under a false or
618	assumed name.
619	(4)  Using the name or title of "licensed interpreter" or
620	any other name or title which implies that he or she is licensed
621	or holds a permit under this part.
622	(5)  Knowingly concealing information relating to the
623	enforcement of this part or rules adopted thereunder.
624	(6)  Using or attempting to use a license or permit that is
625	suspended or revoked.
626	(7)  Employing any individual who is not licensed or
627	permitted under this part for the purpose of providing
628	interpreter services to an interpreter services consumer.
629	(8)  Knowingly allowing a student, intern interpreter, or
630	person who interprets in the presence of a supervising mentor to
631	provide interpreting services without direct supervision as
632	provided under this part.
633	(9)  Presenting the license or permit of another person as
634	his or her own license.
635	(10)  Allowing the use of his or her license or permit by
636	another person.
637	(11)  Advertising professional services in a false or
638	misleading manner.
639	468.913  Privileged communications.--
640	(1)  An interpreter who interprets or transliterates a
641	conversation between a person who can hear and a deaf person is
642	deemed a conduit for the conversation and may not disclose or be
643	compelled to disclose by subpoena the contents of the
644	conversation that he or she interpreted without the written
645	consent of all of the persons to whom he or she provided the
646	interpreting service.
647	(2)  All communications that are recognized by law as
648	privileged shall remain privileged when an interpreter is used
649	to facilitate the communication.
650	(3)  The disclosure of the contents of a privileged
651	conversation may be voluntarily disclosed when:
652	(a)  An interpreter services consumer waives the privilege
653	by bringing public charges against the licensee.
654	(b)  A communication reveals the intended commission of a
655	crime or harmful act and disclosure of the communication is
656	judged necessary by the licensed interpreter to protect any
657	persons from a clear, imminent risk of serious mental or
658	physical harm or injury or to forestall a serious threat to the
659	public safety.
660	(4)  Nothing shall prohibit a licensed interpreter from
661	voluntarily testifying in court hearings concerning matters of
662	adoption, child abuse, or child neglect or other matters
663	pertaining to children, except as provided under the federal
664	Abused and Neglected Child Reporting Act.
665	(5)  An educational interpreter may disclose pertinent
666	information to those directly responsible for the child's
667	educational program or to the members of the Individual
668	Education Plan Team.
669	468.914  Rulemaking authority.--
670	(1)  The board is authorized to adopt rules pursuant to ss.
671	120.536(1) and 120.54 to implement the provisions of this part
672	conferring duties upon the board.
673	(2)  In addition to the rulemaking requirements provided in
674	this part, the board shall adopt rules, pertaining to, but not
675	limited to:
676	(a)  A code of professional conduct for licensees.
677	(b)  Performance requirements, including education and
678	examination standards for interpreters.
679	(c)  Continuing education requirements.
680	(d)  Appropriate and acceptable testing tools to evaluate
681	interpreters.
682	(e)  Fee schedules authorized under s. 468.906.
683	(f)  Procedures for acceptance of funds from federal and
684	private sources to be used for the purposes of this part.
685	Section 2.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.