Senate Bill sb2592

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    Florida Senate - 2006                                  SB 2592

    By Senator Wise





    5-1216-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to interpreters for the deaf

  3         and hard of hearing; creating pt. XV of ch.

  4         468, F.S.; creating s. 468.90, F.S.; providing

  5         definitions; creating s. 468.901, F.S.;

  6         creating the Board of Interpreters for the Deaf

  7         and Hard of Hearing under the Department of

  8         Health; providing for appointment,

  9         qualifications, and terms of board members;

10         creating s. 468.902, F.S.; providing for board

11         headquarters; creating s. 468.903, F.S.;

12         requiring certain persons to be licensed or

13         hold a permit to practice; creating s. 468.904,

14         F.S.; providing for license and permit

15         application and renewal, reinstatement,

16         extension, suspension, and revocation;

17         providing rulemaking authority; creating s.

18         468.905, F.S.; providing for application,

19         examination, license, and permit fees; creating

20         s. 468.906, F.S.; providing restrictions on and

21         qualifications for licensure and permit

22         holding; providing for licensure and permit

23         types; creating s. 468.907, F.S.; providing for

24         surrender or seizure of suspended or revoked

25         licenses and permits; requiring payment of

26         certain fee upon reinstatement; prohibiting

27         practice under certain circumstances; creating

28         s. 468.908, F.S.; providing requirements for

29         inactive status; creating s. 468.909, F.S.;

30         providing continuing education requirements;

31         creating s. 468.910, F.S.; providing

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         requirements for submitting certain complaints;

 2         requiring the board to compile certain

 3         complaint data; providing that disciplinary

 4         proceedings shall be conducted under s.

 5         456.073, F.S.; providing grounds for board

 6         recommendation of revocation or suspension of

 7         license or permit or other disciplinary action;

 8         creating s. 468.911, F.S.; providing exemptions

 9         from regulation under the part; creating s.

10         468.912, F.S.; prohibiting certain acts;

11         providing penalties; creating s. 468.913, F.S.;

12         establishing privilege for certain

13         conversations; providing for voluntary

14         disclosure of certain privileged conservations;

15         creating s. 468.914, F.S.; providing rulemaking

16         authority; providing an effective date.

17  

18         WHEREAS, the Legislature declares the practice of

19  manual or oral interpreting and transliterating services

20  affects the public health, safety, and welfare; therefore, the

21  licensure of these practices is necessary to ensure minimum

22  standards of competency and to provide the public with safe

23  and accurate manual or oral interpreting or transliterating

24  services, and

25         WHEREAS, it is the intent of the Legislature to provide

26  for the regulation of persons in the state offering manual or

27  oral interpreting or transliterating services to individuals

28  who are deaf, hard of hearing, or dependent on the use of

29  manual modes of communication, NOW, THEREFORE,

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         Section 1.  Part XV of chapter 468, Florida Statutes,

 2  consisting of sections 468.90, 468.901, 468.902, 468.903,

 3  468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.910,

 4  468.911, 468.912, 468.913, and 468.914, is created to read:

 5                             PART XV

 6            INTERPRETERS FOR DEAF AND HARD OF HEARING

 7         468.90  Definitions.--As used in this part, the term:

 8         (1)  "American Sign Language" means a fully developed

 9  visual-gesture language with distinct grammar, syntax, and

10  symbols that is the primary language used by the deaf

11  community in the United States.

12         (2)  "American Sign Language Proficiency Interview" or

13  "Sign Communication Proficiency Interview" means the

14  assessment of fluency in American Sign Language.

15         (3)  "Board" means the Board of Interpreters for the

16  Deaf and Hard of Hearing.

17         (4)  "Cued speech" means a phonetically based system to

18  enable spoken language to appear visually through the use of

19  hand shapes and specific locations in combination with natural

20  mouth movements to represent sounds of spoken language.

21         (5)  "Deaf" means a nonfunctional sense of hearing for

22  the purpose of communication and whose primary means of

23  communication is visual. Unless otherwise specified, "deaf"

24  also means hard of hearing or deaf-blind.

25         (6)  "Deaf-blind" means senses of hearing and sight

26  that are limited for the purpose of communication. A

27  deaf-blind person's primary means of communication is visual

28  or tactile.

29         (7)  "Deaf interpreter" means a person who engages in

30  the practice of interpreting in a setting that requires two or

31  more interpreters in order to facilitate communication between

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1  persons who are deaf or hard of hearing and those who are

 2  hearing.

 3         (8)  "Department" means the Department of Health.

 4         (9)  "Educational interpreter" means an interpreter who

 5  engages in the practice of interpreting in a prekindergarten

 6  through grade 12 setting.

 7         (10)  "Educational Interpreter Evaluation" means the

 8  test administered by the Florida Registry of Interpreters for

 9  the Deaf, Inc., to assess the skills of educational

10  interpreters in the state and consists of three levels: Level

11  1, which is the lowest skill level; Level 2, which is the

12  intermediate skill level; and Level 3, which is the highest

13  skill level.

14         (11)  "Educational Interpreter Performance Assessment"

15  means the assessment developed by staff members of Boys Town

16  National Research Hospital with partial support from the

17  National Institute of Health-National Institute on Deafness

18  and other Communication Disorders grant, D-60 DC00982.

19         (12)  "Florida Registry of Interpreters for the Deaf,

20  Inc." means the state affiliate chapter of the national

21  Registry of Interpreters for the Deaf, Inc.

22         (13)  "Hard of hearing" means a hearing loss that

23  results in the possible dependence on visual methods to

24  communicate.

25         (14)  "Interpreter" means a person who engages in the

26  practice of interpreting for the deaf or hard of hearing and,

27  unless otherwise specified, means a person who engages in the

28  practice of transliterating.

29         (15)  "Interpreter service consumer" means the person

30  for whom the interpreter facilitates communication.

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (16)  "Interpreting" means the process of providing

 2  accessible communication between persons who are deaf or hard

 3  of hearing and those who are hearing and includes, but is not

 4  limited to, communication between American Sign Language and

 5  English or other modalities that involve visual, gestural, and

 6  tactile methods of communication.

 7         (17)  "Mentorship" means professional guidance by a

 8  qualified practitioner, as provided by board rule, on a formal

 9  or an informal basis.

10         (18)  "Multilingual interpreting" means the act of

11  interpreting in a setting that requires not only skill in

12  English and American Sign Language, but also another language,

13  whether oral or signed, and cultural sensitivity and knowledge

14  of the parties involved.

15         (19)  "National Association of the Deaf" means the

16  entity that certified sign language interpreters at a national

17  level, though the association no longer administers its

18  certification examination, and whose certifications consist of

19  Level III, Generalist; Level IV, Advanced; and Level V,

20  Master; and are recognized in the Registry of Interpreters for

21  the Deaf, Inc.

22         (20)  "National Council on Interpreting" means the

23  joint council of the Registry of Interpreters for the Deaf,

24  Inc., and the National Association of the Deaf that issues a

25  National Interpreter Certification certifying sign language

26  interpreters at the national level.

27         (21)  "Oral interpreting" means facilitating a mode of

28  communication using speech, speechreading, and residual

29  hearing and situational and culturally appropriate gestures

30  without the use of sign language.

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (22)  "Quality Assurance Screening" means the

 2  examination administered by the Florida Registry of

 3  Interpreters for the Deaf, Inc., to monitor the progress of

 4  uncertified apprentice interpreters in the state which

 5  examination consists of three levels: Level I, Beginner

 6  Apprentice; Level II, Intermediate Apprentice; and Level III,

 7  Advanced Apprentice.

 8         (23)  "Registry of Interpreters for the Deaf, Inc.,"

 9  means the entity that certifies sign language and oral

10  interpreters at the national level and that grants a

11  specialist certificate in the area of legal interpreting.

12         (24)  "Sign language" means a continuum of

13  visual-gestural language and communication systems based on

14  hand signs and is not limited to American Sign language.

15         (25)  "Student" or "intern" means a person enrolled in

16  a course of study or mentorship or an apprenticeship program

17  that leads to a certificate or degree at an accredited

18  institution or a license in interpreting.

19         (26)  "Teaching, Education, and Certification Unit"

20  means the national organization that assesses and certifies

21  cued speech transliterators.

22         (27)  "Transliterating" means the process of providing

23  accessible communication between persons who are deaf or hard

24  of hearing and those who are hearing primarily using a signed

25  mode of English and spoken English.

26         (28)  "Transliterator" means a person who engages in

27  the practice of transliterating.

28         468.901  Board of Interpreters for the Deaf and Hard of

29  Hearing; membership, appointment, terms.--

30         (1)  The Board of Interpreters for the Deaf and Hard of

31  Hearing is created within the Department of Health and

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1  initially shall consist of seven members appointed by the

 2  Governor and confirmed by the Senate, as follows:

 3         (a)  Three members shall meet the qualifications set

 4  forth in this part to be eligible to become fully licensed

 5  interpreters, one of whom must be a practicing educational

 6  interpreter, and the three members shall be appointed from a

 7  list of nine individuals recommended by the Florida Registry

 8  of Interpreters for the Deaf, Inc.

 9         (b)  One member shall be a deaf or hard of hearing

10  interpreter who meets the qualifications set forth in this

11  part to be eligible to hold a permit, provisional license, or

12  license, and shall be appointed from a list of three

13  individuals recommended by the Florida Registry of

14  Interpreters for the Deaf, Inc.

15         (c)  Two members shall be deaf or hard of hearing, one

16  of whom must use American Sign Language as a primary mode of

17  communication, and shall be appointed from a list of six

18  individuals recommended by the Florida Coordinating Council on

19  Deaf and Hard of Hearing.

20         (d)  One member shall be a private citizen who is

21  hearing and who does not hold a license or permit to interpret

22  for the deaf or hard of hearing.

23         (2)  Members appointed after the initial appointments

24  shall be licensed or hold a permit for which the initial

25  appointees were eligible pursuant to paragraphs (1)(a) and

26  (b).

27         (3)  Members of the board shall be appointed for terms

28  of 4 years, except that:

29         (a)  Of the members initially appointed under paragraph

30  (1)(a), one member shall serve a term of 2 years and one

31  member shall serve a term of 3 years.

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (b)  The member initially appointed under paragraph

 2  (1)(b) shall serve a term of 1 year.

 3         (c)  Of the members initially appointed under paragraph

 4  (1)(c), one member shall serve a term of 3 years.

 5         (4)  No member may serve more than two consecutive

 6  terms.

 7         (5)  All provisions of chapter 456 relating to the

 8  activities of regulatory boards under the Department of Health

 9  shall apply to the board.

10         468.902  Board headquarters.--The board shall maintain

11  its official headquarters in Tallahassee.

12         468.903  Authority to practice.--Any person who

13  receives remuneration as an interpreter, represents himself or

14  herself as an interpreter, or conveys the impression of or

15  assumes the identity of an interpreter must be licensed or

16  hold a permit in accordance with the provisions of this part.

17         468.904  Application and renewal, reinstatement,

18  extension, suspension, and revocation process.--

19         (1)  The board shall adopt by rule procedures necessary

20  to implement the requirements for license and permit

21  application, license renewal, license reinstatement, permit

22  extension, license and permit suspension and revocation, and

23  continuing education requirements.

24         (2)  An application for a license or permit and license

25  or permit renewal shall be submitted to the board.

26         (3)  An application shall include, but not be limited

27  to:

28         (a)  Proof of issuance of a valid recognized

29  credential.

30         (b)  A recent passport or other official photograph of

31  the applicant.

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (c)  Payment of the required nonrefundable application

 2  fee.

 3         (4)  The board shall adopt by rule procedures for

 4  handling incomplete applications.

 5         (5)  Each license or permit must be renewed no later

 6  than March 1 of each year.

 7         (6)  An application for license renewal or permit

 8  extension shall be submitted annually to the board and shall

 9  include, but not be limited to, the following:

10         (a)  Proof of issuance of a valid recognized

11  credential.

12         (b)  Proof of completion of the required continuing

13  education, if applicable.

14         (c)  The renewal or extension fee, including the late

15  fee, if appropriate.

16         (7)  The board shall approve the issuance of a license

17  or permit, a renewal of the license, or an extension of a

18  permit upon its determination that the credentials and

19  documents are complete.

20         (8)  An application for reinstatement of a suspended

21  license or permit shall include, but not be limited to, the

22  following:

23         (a)  Proof of license credentials.

24         (b)  The nonrefundable application fee.

25         (c)  A written request including the appropriateness of

26  reinstatement.

27         (d)  Proof of completion of continuing education, as

28  applicable.

29         (9)  An application for reinstatement of a revoked

30  license or permit must include, but not be limited to, the

31  following:

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (a)  Proof of license credentials.

 2         (b)  The nonrefundable application fee.

 3         (c)  A written request including the appropriateness of

 4  reinstatement.

 5         (d)  Proof of completion of continuing education, as

 6  applicable.

 7         (10)  Upon a majority vote of the board to deny a

 8  license or permit application, license renewal, license

 9  reinstatement, or permit extension, the board shall notify the

10  applicant of the reasons for the denial in writing no later

11  than 30 calendar days after the board's action.

12         (11)  A person who is issued a license or permit under

13  this part and who is acting as an interpreter shall display

14  the license or permit to a client or an interpreter service

15  consumer upon request.

16         (12)  A person who is issued a license or permit under

17  this part shall notify the board of any change in his or her

18  address no later than 30 days after the change.

19         468.905  Fees.--The board shall establish by rule the

20  fees to be paid, as follows:

21         (1)  Application fee, not to exceed $35.

22         (2)  Examination fee, not to exceed $100, which is

23  refundable if the applicant is found to be ineligible to take

24  the examination.

25         (3)  Reexamination fee, not to exceed $100.

26         (4)  Initial license or permit fee, not to exceed $150.

27         (5)  Annual license renewal fee, not to exceed $150.

28         (6)  Permit extension fee, not to exceed $50.

29         (7)  License reinstatement application fee, not to

30  exceed $70.

31         468.906  License and permit; qualifications.--

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (1)  RESTRICTIONS.--A license or permit may not be

 2  issued under this part to:

 3         (a)  Any person convicted of a felony.

 4         (b)  Any person who has not received a high school

 5  diploma or its equivalent.

 6         (c)  Any person who is not 18 years of age or older.

 7         (2)  INTERPRETER OR TRANSLITERATOR LICENSE.--An

 8  applicant must hold one or more of the following valid

 9  certifications or degrees to be eligible for licensure as an

10  interpreter or transliterator:

11         (a)  A Registry of Interpreters for the Deaf, Inc.,

12  certification, except that oral certification shall be

13  recognized to provide oral transliteration services only.

14         (b)  A National Association of the Deaf Certification,

15  Level IV or Level V.

16         (c)  A National Interpreting Council certification.

17         (d)  A Teaching, Education, Certification Unit

18  Transliteration Skills certification, which shall be

19  recognized for a transliteration license to provide only cued

20  speech transliteration services.

21         (e)  An associate of arts degree or an associate of

22  science degree held by an interpreter certified on or after

23  January 1, 2010.

24         (f)  A bachelor of arts degree or a bachelor of science

25  degree held by an interpreter certified on or after January 1,

26  2012.

27         (3)  PROVISIONAL LICENSE.--

28         (a)  An applicant must have successfully completed one

29  or more of the following assessments to be eligible for

30  provisional licensure:

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         1.  Florida Registry of Interpreters for the Deaf,

 2  Inc., Quality Assurance Screening, Level II or Level III.

 3         2.  Florida Registry of Interpreters for the Deaf,

 4  Inc., Educational Interpreter Evaluation, Level II or Level

 5  III.

 6         3.  National Association of the Deaf, Level III.

 7         4.  Educational Interpreter Performance Assessment,

 8  Level IV or Level V.

 9         5.  Teaching, Education, Certification Unit Cued

10  American English Competency Screening, Level 3.3 to 4.0,

11  except the assessment shall be recognized for a provisional

12  license to provide only cued speech transliteration services.

13         (b)  An applicant for a deaf interpreter's provisional

14  license must have received a passing score on the Certified

15  Deaf Interpreter written examination and received a superior

16  or advanced plus rating on the Sign Communication Proficiency

17  Interview or the American Sign Language Proficiency Interview

18  assessment.

19         (c)  The provisional license is active for not more

20  than 5 years after the date of issuance, except that the board

21  may issue a 1-year extension. The board shall not issue more

22  than one extension of a provisional license.

23         (4)  TEMPORARY LICENSE.--An interpreter temporarily

24  residing in the state who meets the criteria for licensure

25  under this part may hold a temporary license for a period not

26  to exceed 6 months after the date of issuance of the temporary

27  license. An interpreter may hold only one temporary license in

28  a calendar year.

29         (5)  SPECIAL LIMITED LICENSE.--

30         (a)  The board shall have the authority, upon

31  presentation of satisfactory proof of competency and under

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1  rules adopted by the board, to issue a special limited license

 2  to an individual who demonstrates competency in a specialized

 3  area for which no formal, generally recognized evaluation

 4  exists. Specialized areas associated with the practice of

 5  interpreting include, but are not limited to, interpreting for

 6  the deaf-blind, multilingual interpreting, and certain nonsign

 7  modalities.

 8         (b)  Special limited licenses shall be granted until

 9  formal, generally recognized evaluative methods for these

10  modalities are instituted.

11         (c)  Special limited licenses shall state the

12  limitations as to the specialized area for which the licensee

13  demonstrates competency.

14         (d)  Licenses issued under this subsection are subject

15  to the provisions of this part and the rules adopted by the

16  board, except an applicant shall not be required to

17  demonstrate any knowledge or expertise in any communication

18  modality other than the one the applicant claims as the area

19  of his or her specialty.

20         (e)  The board shall establish by rule separate

21  educational requirements for specific modalities to determine

22  the competency claimed by the applicant for a special limited

23  license.

24         (f)  The board shall adopt rules regarding the

25  development and implementation of criteria and licensure

26  standards for interpreters specializing in deaf-blind

27  communication.

28         (g)  Special limited licenses shall be recognized only

29  for the area of special competency specified on the license.

30         (6)  PERMIT.--

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (a)  An applicant for a permit must have successfully

 2  passed one of the following assessments to be eligible to hold

 3  a permit under this subsection:

 4         1.  Florida Registry of Interpreters for the Deaf,

 5  Inc., Quality Assurance Screening, Level I.

 6         2.  Florida Registry of Interpreters for the Deaf,

 7  Inc., Educational Interpreter Evaluation, Level I.

 8         3.  Educational Interpreter Performance Assessment,

 9  Level III.

10         (b)  An applicant must have successfully completed 20

11  documented hours of interpreter training, of which 16 hours

12  must be certified specific, and must have attained a superior

13  or advanced plus rating on the Sign Communication Proficiency

14  Interview or the American Sign Language Proficiency Interview

15  assessment.

16         (c)  A permit may not be held for more than 2 years

17  following the date of issuance, except the board may approve a

18  1-year extension of the permit. The board shall not issue more

19  than one extension of a permit.

20         (d)  Deaf interpreters must submit an audiogram or

21  audiological report with proof of hearing loss.

22         (7)  REGISTERED PERMIT.--A registered permit shall be

23  issued not later than July 1, 2008. Any interpreter who

24  provides interpreter services prior to the date of enactment

25  of this part, who does not meet the requirements of this part,

26  and who has registered with the department not later than 60

27  calendar days after the date of enactment of this part, shall

28  be issued a registered permit valid for a period of 2 years

29  after the date of enactment of this part. Any interpreter who

30  first provides interpreter services after the date of

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1  enactment of this part shall comply with the licensing or

 2  permitting requirements under this part.

 3         (8)  TEMPORARY PERMIT.--

 4         (a)  A person from another state, whether or not he or

 5  she holds a valid interpreter's credential from that state,

 6  may hold a temporary permit for a period not to exceed 6

 7  months after the date of issuance of the temporary permit.

 8         (b)  A person who holds a temporary permit must submit

 9  proof of having applied to the department, no later than 60

10  days after the date of issuance of the temporary permit, for

11  one of the following:

12         1.  Licensure.

13         2.  Temporary licensure.

14         3.  Provisional licensure.

15         4.  Permit.

16         5.  Special limited license.

17         (c)  A person may hold only one temporary permit.

18         468.907  Suspended or revoked license or permit.--

19         (1)  A license or permit suspended or revoked by the

20  board is subject to immediate expiration and surrender to the

21  department.

22         (2)  The department has the right to immediately seize

23  a suspended or revoked license or permit.

24         (3)  The licensee or permitholder shall pay the

25  reinstatement fee if the suspended or revoked license is

26  reinstated by the board.

27         (4)  A renewed license or permit shall not entitle the

28  licensee or permitholder to engage in the practice of

29  interpreting until the suspension or revocation period has

30  ended or is otherwise removed by the board and the right to

31  practice is restored by the board.

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         468.908  Inactive status.--Any interpreter who notifies

 2  the board on forms prescribed by board rule may place his or

 3  her license on inactive status and shall be exempt from

 4  payment of renewal fees until he or she applies for

 5  reinstatement and the reinstatement is approved by the board

 6  and a license is issued.

 7         (1)  Any interpreter who requests reinstatement from

 8  inactive status shall pay the reinstatement fee and shall meet

 9  the requirements for reinstatement as determined by board

10  rule.

11         (2)  Any interpreter whose license is inactive shall

12  not practice in the state.

13         (3)  Any interpreter who practices interpreting while

14  his or her license is on inactive status shall be considered

15  practicing without a license and is subject to disciplinary

16  action.

17         (4)  An interpreter may submit a request for inactive

18  status for up to 2 years, after which the inactive interpreter

19  may petition the board for an extension of an inactive status

20  as determined by board rule.

21         468.909  Continuing education.--

22         (1)  A licensed interpreter shall annually submit proof

23  of current certification and indicate his or her compliance or

24  noncompliance with the requirements of the Registry of

25  Interpreters for the Deaf, Inc., Certification Maintenance

26  Program.

27         (2)  A licensed Teaching, Education, and Certification

28  Unit cued speech transliterator shall submit proof of

29  successful completion of 2.0 units of continuing education

30  during the preceding 12 months ending March 15 of each year.

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (3)  A provisional licensed interpreter shall annually

 2  submit proof of completion of 2.0 units of continuing

 3  education during the preceding 12 months ending March 15 of

 4  each year, which also shall indicate compliance with the

 5  Registry of Interpreters for the Deaf, Inc., in the Associate

 6  Continuing Education Training program.

 7         (4)  Registered permitholders shall annually submit

 8  proof of successful completion of 2.0 units of continuing

 9  education during the preceding 12 months ending March 15 of

10  the year in which application is made.

11         (5)  Each licensee and permitholder is responsible for

12  maintaining records of successful completion of the continuing

13  education required by this subsection and transmitting a copy

14  of the record to the board.

15         468.910  Complaint process; grievances.--

16         (1)  Complaints regarding dishonorable, unethical, or

17  unprofessional conduct of an interpreter or transliterator

18  shall be submitted to the board in writing or by videotape

19  with a completed complaint form not later than 1 calendar year

20  after the occurrence of the alleged violation.

21         (2)  Complaints shall be compiled by the board and

22  shall include, but are not limited to:

23         (a)  The name of the licensee.

24         (b)  The name of the complainant.

25         (c)  The date of the alleged violation.

26         (d)  The date of the complaint.

27         (e)  A brief statement detailing the nature of the

28  complaint.

29         (f)  The final disposition of the complaint.

30  

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (3)  The department shall acknowledge all complaints in

 2  writing no later than 10 business days after receipt of the

 3  complaint.

 4         (4)  Disciplinary proceedings shall be conducted

 5  pursuant to s. 456.073.

 6         (5)  The board may recommend to the department the

 7  revocation or suspension of a license or permit, or such

 8  disciplinary action as the board deems appropriate, for

 9  conduct that may result in or from, but not limited to:

10         (a)  Obtaining or attempting to obtain a license under

11  this part through bribery, misrepresentation, concealment of

12  material fact, or fraudulent misrepresentation.

13         (b)  Having been found guilty of fraud,

14  misrepresentation, concealment, or material misstatement of

15  fact or deceit in connection with providing interpreter or

16  transliterator services.

17         (c)  Having violated any standard of professional or

18  ethical conduct adopted by board rule.

19         (d)  Having been found guilty of unprofessional

20  conduct, including, but not limited to:

21         1.  Making a false or fraudulent statement in any

22  document connected with the practice of interpreting or

23  transliterating.

24         2.  Willfully violating a privileged communication.

25         3.  Willfully violating confidentiality.

26         4.  Knowingly performing an act that aids or assists an

27  unlicensed person to practice interpreting or transliterating

28  in violation of this part.

29         5.  Practicing interpreting or transliterating under a

30  false or assumed name.

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         6.  Advertising for the practice of interpreting or

 2  transliterating in a deceptive or unethical manner.

 3         7.  Performing as an interpreter or transliterator

 4  while intoxicated or under the influence of illegal drugs.

 5         8.  Committing repeated violations of any of the rules

 6  of the board or provisions of this part.

 7         9.  Committing repeated acts of gross misconduct in the

 8  practice of interpreting or transliterating.

 9         10.  Demonstrating a pattern of practice or other

10  behavior that demonstrates incapacity or incompetence to

11  practice under this part.

12         (e)  Having violated any lawful order or any provision

13  of the part or the rules adopted thereunder.

14         (f)  Aiding or assisting another person in violating

15  any provision of this part or any rule adopted thereunder.

16         468.911  Exemptions.--The following interpreters or

17  transliterators are exempt from this part:

18         (1)  An interpreter or transliterator who provides

19  interpreting services solely at a worship service or religious

20  ceremony conducted by a religious organization or for

21  educational purposes for a religious entity or

22  religious-affiliated school that does not receive public

23  moneys, except this exemption does not apply to settings that

24  require compliance with the Americans with Disabilities Act.

25         (2)  An interpreter or transliterator who provides

26  interpreting services during an emergency. For purposes of

27  this subsection, "emergency" means a situation in which, after

28  documented attempts to obtain the services of a licensed

29  interpreter, an individual who is deaf or hard of hearing

30  determines that the delay in obtaining a licensed interpreter

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1  might lead to injury or loss to the individual requiring

 2  services, provided:

 3         (a)  The services of a licensed interpreter must

 4  continue to be sought during the emergency in which the

 5  unlicensed interpreter is providing interpreting services.

 6         (b)  An interpreter is acting under the Good Samaritan

 7  Act, as determined by board rule.

 8         (3)  An interpreter who is not a resident of this state

 9  and who:

10         (a)  Is registered in this state, for a period not to

11  exceed 30 nonconsecutive calendar days in a calendar year, to

12  engage in interpreting, including, but not limited to,

13  conference interpreting, video-relay interpreting, or

14  interpreting while on a cruise vessel, and who may or may not

15  hold a valid credential from another state, except that:

16         1.  The nonresident interpreter must provide proof to

17  the board of having submitted an application for a license or

18  permit before the expiration of his or her registration.

19         2.  Interpreting services provided during a declared

20  national or state emergency will not be included in the 30-day

21  registration restriction.

22         (b)  Practices under the authority of the board and

23  this part.

24         (4)  Any person who provides interpreting services pro

25  bono or for remuneration under circumstances that do not allow

26  for the fulfillment of the provisions for licensure or

27  permitting under this part and in circumstances under which

28  the services of a qualified interpreter are not required under

29  the provisions of the federal Americans with Disabilities Act

30  of 1990, section 504 of the Rehabilitation Act of 1973, the

31  Individuals with Disabilities Education Improvement Act of

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1  2004, the No Child Left Behind Act of 2001, or the regulations

 2  adopted thereunder.

 3         (5)  A student or intern interpreter who:

 4         (a)  Is enrolled in a course of study or mentorship

 5  program leading to a certificate, degree, or licensure in

 6  interpreting, provided that the student or intern engages only

 7  in activities and services that constitute a part of a

 8  supervised plan of study that clearly designates him or her as

 9  a student or an intern.

10         (b)  Interprets in the presence of a qualified

11  supervising mentor. The qualified supervising mentor must be:

12         1.  A fully licensed interpreter or transliterator with

13  a minimum of 5 years of interpreting experience or an

14  instructor in an interpreter training program who has three

15  letters of recommendation from individuals already approved as

16  mentors; or

17         2.  A deaf mentor meeting the requirements for a

18  provisional license.

19         468.912  Illegal acts; penalties.--Any person who

20  attempts to practice interpreting or transliterating for

21  remuneration or on a voluntary basis for an interpreter

22  service consumer without first having obtained a valid license

23  or permit, who knowingly files false information with the

24  board for the purpose of obtaining a license or permit, or who

25  otherwise violates this part commits a misdemeanor of the

26  first degree, punishable as provided in s. 775.082 or s.

27  775.083. Violations include, but are not limited to:

28         (1)  Obtaining or attempting to obtain a license or

29  permit by means of fraud, bribery, misrepresentation, or

30  concealment of material facts.

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (2)  Knowingly performing an act that in any way aids

 2  or assists an unlicensed person or a person who does not hold

 3  a valid permit to practice interpreting or transliterating.

 4         (3)  Interpreting or transliterating under a false or

 5  assumed name.

 6         (4)  Using the name or title of "licensed interpreter"

 7  or any other name or title which implies that he or she is

 8  licensed or holds a permit under this part.

 9         (5)  Knowingly concealing information relating to the

10  enforcement of this part or rules adopted thereunder.

11         (6)  Using or attempting to use a license or permit

12  that is suspended or revoked.

13         (7)  Employing any individual who is not licensed or

14  permitted under this part for the purpose of providing

15  interpreter services to an interpreter services consumer.

16         (8)  Knowingly allowing a student or intern interpreter

17  to provide interpreting services without direct supervision as

18  provided under this part.

19         (9)  Presenting the license or permit of another person

20  as his or her own license.

21         (10)  Allowing the use of his or her license or permit

22  by another person.

23         (11)  Advertising professional services in a false or

24  misleading manner.

25         468.913  Privileged communications.--

26         (1)  An interpreter who interprets or transliterates a

27  conversation between a person who can hear and a deaf person

28  is deemed a conduit for the conversation and may not disclose

29  or be compelled to disclose by subpoena the contents of the

30  conversation that he or she interpreted without the written

31  

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1  consent of all of the persons to whom he or she provided the

 2  interpreting service.

 3         (2)  All communications that are recognized by law as

 4  privileged shall remain privileged when an interpreter is used

 5  to facilitate the communication.

 6         (3)  The disclosure of the contents of a privileged

 7  conversation may be voluntarily disclosed when:

 8         (a)  An interpreter services consumer waives the

 9  privilege by bringing public charges against the licensee.

10         (b)  A communication reveals the intended commission of

11  a crime or harmful act and disclosure of the communication is

12  judged necessary by the licensed interpreter to protect any

13  persons from a clear, imminent risk of serious mental or

14  physical harm or injury or to forestall a serious threat to

15  the public safety.

16         (4)  Nothing shall prohibit a licensed interpreter from

17  voluntarily testifying in court hearings concerning matters of

18  adoption, child abuse, or child neglect or other matters

19  pertaining to children, except as provided under the federal

20  Abused and Neglected Child Reporting Act.

21         (5)  An educational interpreter may disclose pertinent

22  information to those directly responsible for the child's

23  educational program or to the members of the Individual

24  Education Plan Team.

25         468.914  Rulemaking authority.--

26         (1)  The board is authorized to adopt rules pursuant to

27  ss. 120.536(1) and 120.54 to implement the provisions of this

28  part conferring duties upon the board.

29         (2)  In addition to the rulemaking requirements

30  provided in this part, the board shall adopt rules, pertaining

31  to, but not limited to:

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    Florida Senate - 2006                                  SB 2592
    5-1216-06                                               See HB




 1         (a)  A code of professional conduct for licensees.

 2         (b)  Performance requirements, including education and

 3  examination standards for interpreters.

 4         (c)  Continuing education requirements.

 5         (d)  Appropriate and acceptable testing tools to

 6  evaluate interpreters.

 7         (e)  Fee schedules authorized under s. 468.906.

 8         (f)  Procedures for acceptance of funds from federal

 9  and private sources to be used for the purposes of this part.

10         Section 2.  This act shall take effect July 1, 2006.

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