Senate Bill sb0926

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    Florida Senate - 2007                                   SB 926

    By Senator Wise





    5-746-07

  1                      A bill to be entitled

  2         An act relating to interpreters for the deaf

  3         and hard of hearing; amending 20.165, F.S.;

  4         including the Board of Interpreters for the

  5         Deaf and Blind to the list of boards under the

  6         Department of Business and Professional

  7         Regulation; creating pt. XV of ch. 468, F.S.;

  8         creating s. 468.90, F.S.; providing

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

10         creating the Board of Interpreters for the Deaf

11         and Hard of Hearing under the Department of

12         Business and Professional Regulation; providing

13         for appointment, qualifications, and terms of

14         board members; creating s. 468.902, F.S.;

15         providing for board headquarters; creating s.

16         468.903, F.S.; requiring certain persons to be

17         licensed or hold a permit to practice; creating

18         s. 468.904, F.S.; providing for license and

19         permit application and renewal, reinstatement,

20         extension, suspension, and revocation;

21         providing rulemaking authority; creating s.

22         468.905, F.S.; providing for application,

23         examination, license, and permit fees; creating

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

25         qualifications for licensure and permit

26         holding; providing for licensure and permit

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

28         surrender or seizure of suspended or revoked

29         licenses and permits; requiring payment of

30         certain fee upon reinstatement; prohibiting

31         practice under certain circumstances; creating

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

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

 3         providing continuing education requirements;

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

 5         requirements for submitting certain complaints;

 6         requiring the board to compile certain

 7         complaint data; providing that disciplinary

 8         proceedings shall be conducted under s.

 9         456.073, F.S.; providing grounds for board

10         recommendation of revocation or suspension of

11         license or permit or other disciplinary action;

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

13         from regulation under the part; creating s.

14         468.912, F.S.; prohibiting certain acts;

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

16         establishing privilege for certain

17         conversations; providing for voluntary

18         disclosure of certain privileged conservations;

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

20         authority; providing an effective date.

21  

22         WHEREAS, the Legislature declares the practice of

23  manual or oral interpreting and transliterating services

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

25  licensure of these practices is necessary to ensure minimum

26  standards of competency and to provide the public with safe

27  and accurate manual or oral interpreting or transliterating

28  services, and

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

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

31  oral interpreting or transliterating services to individuals

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

 2  manual modes of communication, NOW, THEREFORE,

 3  

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

 5  

 6         Section 1.  Paragraph (a) of subsection (4) of section

 7  20.165, Florida Statutes, is amended to read:

 8         20.165  Department of Business and Professional

 9  Regulation.--There is created a Department of Business and

10  Professional Regulation.

11         (4)(a)  The following boards are established within the

12  Division of Professions:

13         1.  Board of Architecture and Interior Design, created

14  under part I of chapter 481.

15         2.  Florida Board of Auctioneers, created under part VI

16  of chapter 468.

17         3.  Barbers' Board, created under chapter 476.

18         4.  Florida Building Code Administrators and Inspectors

19  Board, created under part XII of chapter 468.

20         5.  Construction Industry Licensing Board, created

21  under part I of chapter 489.

22         6.  Board of Cosmetology, created under chapter 477.

23         7.  Electrical Contractors' Licensing Board, created

24  under part II of chapter 489.

25         8.  Board of Employee Leasing Companies, created under

26  part XI of chapter 468.

27         9.  Board of Interpreters for the Deaf and Hard of

28  Hearing, created under part XV of chapter 468.

29         10.9.  Board of Landscape Architecture, created under

30  part II of chapter 481.

31  

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 1         11.10.  Board of Pilot Commissioners, created under

 2  chapter 310.

 3         12.11.  Board of Professional Engineers, created under

 4  chapter 471.

 5         13.12.  Board of Professional Geologists, created under

 6  chapter 492.

 7         14.13.  Board of Professional Surveyors and Mappers,

 8  created under chapter 472.

 9         15.14.  Board of Veterinary Medicine, created under

10  chapter 474.

11         Section 2.  Part XV of chapter 468, Florida Statutes,

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

13  468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.910,

14  468.911, 468.912, 468.913, and 468.914, is created to read:

15                             PART XV

16            INTERPRETERS FOR DEAF AND HARD OF HEARING

17         468.90  Definitions.--As used in this part, the term:

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

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

20  symbols that is the primary language used by the deaf

21  community in the United States.

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

23  "Sign Communication Proficiency Interview" means the

24  assessment of fluency in American Sign Language.

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

26  Deaf and Hard of Hearing.

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

28  enable spoken language to appear visually through the use of

29  hand shapes and specific locations in combination with natural

30  mouth movements to represent sounds of spoken language.

31  

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

 2  the purpose of communication and whose primary means of

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

 4  also means hard of hearing or deaf-blind.

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

 6  that are limited for the purpose of communication. A

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

 8  or tactile.

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

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

11  more interpreters in order to facilitate communication between

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

13  hearing.

14         (8)  "Department" means the Department of Business and

15  Professional Regulation.

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

17  engages in the practice of interpreting in a prekindergarten

18  through grade 12 setting.

19         (10)  "Educational Interpreter Evaluation" means the

20  test administered by the Florida Registry of Interpreters for

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

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

23  1, which is the lowest skill level; Level 2, which is the

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

25  skill level.

26         (11)  "Educational Interpreter Performance Assessment"

27  means the assessment developed by staff members of Boys Town

28  National Research Hospital with partial support from the

29  National Institute of Health-National Institute on Deafness

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

31  

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

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

 3  Registry of Interpreters for the Deaf, Inc.

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

 5  results in the possible dependence on visual methods to

 6  communicate.

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

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

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

10  practice of transliterating.

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

12  for whom the interpreter facilitates communication.

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

14  accessible communication between persons who are deaf or hard

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

16  limited to, communication between American Sign Language and

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

18  tactile methods of communication.

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

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

21  or an informal basis.

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

23  interpreting in a setting that requires not only skill in

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

25  whether oral or signed, and cultural sensitivity and knowledge

26  of the parties involved.

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

28  entity that certified sign language interpreters at a national

29  level, though the association no longer administers its

30  certification examination, and whose certifications consist of

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

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

 2  the Deaf, Inc.

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

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

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

 6  National Interpreter Certification certifying sign language

 7  interpreters at the national level.

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

 9  communication using speech, speechreading, and residual

10  hearing and situational and culturally appropriate gestures

11  without the use of sign language.

12         (22)  "Quality Assurance Screening" means the

13  examination administered by the Florida Registry of

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

15  uncertified apprentice interpreters in the state which

16  examination consists of three levels: Level I, Beginner

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

18  Advanced Apprentice.

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

20  means the entity that certifies sign language and oral

21  interpreters at the national level and that grants a

22  specialist certificate in the area of legal interpreting.

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

24  visual-gestural language and communication systems based on

25  hand signs and is not limited to American Sign Language.

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

27  a course of study or mentorship or an apprenticeship program

28  that leads to a certificate or degree at an accredited

29  institution or a license in interpreting.

30  

31  

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

 2  means the national organization that assesses and certifies

 3  cued speech transliterators.

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

 5  accessible communication between persons who are deaf or hard

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

 7  mode of English and spoken English.

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

 9  the practice of transliterating.

10         468.901  Board of Interpreters for the Deaf and Hard of

11  Hearing; membership, appointment, terms.--

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

13  Hearing is created within the Department of Business and

14  Professional Regulation consisting of nine members appointed

15  by the Governor and confirmed by the Senate. To ensure

16  continuity of board policies and to provide sufficient time

17  for implementation of the licensure and permitting process,

18  the Governor shall initially appoint members, as follows:

19         (a)  Four members shall meet the qualifications set

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

21  interpreters, one of whom must be a practicing educational

22  interpreter, and the four members shall be appointed from a

23  list of nine individuals recommended by the Florida Registry

24  of Interpreters for the Deaf, Inc.

25         (b)  One member shall be an interpreter for the deaf or

26  hard of hearing who meets the qualifications set forth in this

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

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

29  individuals recommended by the Florida Registry of

30  Interpreters for the Deaf, Inc.

31  

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

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

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

 4  individuals recommended by the Florida Coordinating Council on

 5  Deaf and Hard of Hearing.

 6         (d)  Two members shall be private citizens who are

 7  hearing and who do not hold a license or permit to interpret

 8  for the deaf or hard of hearing.

 9         (2)  Members appointed after the initial appointments

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

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

12  (b).

13         (3)  The applicable provisions of s. 20.165 shall apply

14  to the board, board membership, and licensure requirements.

15         (4)  All provisions of chapter 455 relating to the

16  activities of regulatory boards under the Department of

17  Business and Professional Regulation shall apply to the board.

18         468.902  Board headquarters.--The board shall maintain

19  its official headquarters in Tallahassee.

20         468.903  Authority to practice.--Any person who

21  receives remuneration as an interpreter, represents himself or

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

23  assumes the identity of an interpreter must be licensed or

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

25         468.904  Application and renewal, reinstatement,

26  extension, suspension, and revocation process.--

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

28  to implement the requirements for license and permit

29  application, license renewal, license reinstatement, permit

30  extension, license and permit suspension and revocation, and

31  continuing education requirements.

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

 2  or permit renewal shall be submitted to the board.

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

 4  to:

 5         (a)  Proof of issuance of a valid recognized

 6  credential.

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

 8  the applicant.

 9         (c)  Payment of the required nonrefundable application

10  fee.

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

12  handling incomplete applications.

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

14  than March 1 of each year.

15         (6)  An application for license renewal or permit

16  extension shall be submitted annually to the board and shall

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

18         (a)  Proof of issuance of a valid recognized

19  credential.

20         (b)  Proof of completion of the required continuing

21  education, if applicable.

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

23  fee, if appropriate.

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

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

26  permit upon its determination that the credentials and

27  documents are complete.

28         (8)  An application for reinstatement of a suspended

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

30  following:

31         (a)  Proof of license credentials.

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 1         (b)  The nonrefundable application fee.

 2         (c)  A written request including the appropriateness of

 3  reinstatement.

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

 5  applicable.

 6         (9)  An application for reinstatement of a revoked

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

 8  following:

 9         (a)  Proof of license credentials.

10         (b)  The nonrefundable application fee.

11         (c)  A written request including the appropriateness of

12  reinstatement.

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

14  applicable.

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

16  license or permit application, license renewal, license

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

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

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

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

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

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

23  consumer upon request.

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

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

26  address no later than 30 days after the change.

27         468.905  Fees.--The board shall establish by rule the

28  fees to be paid, as follows:

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

30  

31  

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

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

 3  the examination.

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

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

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

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

 8         (7)  License reinstatement application fee, not to

 9  exceed $70.

10         468.906  License and permit; qualifications.--

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

12  issued under this part to:

13         (a)  Any person convicted of a felony.

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

15  diploma or its equivalent.

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

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

18  applicant must hold one or more of the following valid

19  certifications and a degree in higher education after the

20  applicable date specified in paragraph (e) or paragraph (f) to

21  be eligible for licensure as an interpreter or transliterator:

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

23  certification, except that oral certification shall be

24  recognized to provide oral transliteration services only.

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

26  Level IV or Level V.

27         (c)  A National Interpreting Council certification.

28         (d)  A Teaching, Education, Certification Unit

29  Transliteration Skills certification, which shall be

30  recognized for a transliteration license to provide only cued

31  speech transliteration services.

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

 2  science degree held by an interpreter certified on or after

 3  January 1, 2010.

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

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

 6  2012.

 7         (3)  PROVISIONAL LICENSE.--

 8         (a)  An applicant must have successfully completed one

 9  or more of the following assessments to be eligible for

10  provisional licensure:

11         1.  Florida Registry of Interpreters for the Deaf,

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

13         2.  Florida Registry of Interpreters for the Deaf,

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

15  III.

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

17         4.  Educational Interpreter Performance Assessment,

18  Level IV or Level V.

19         5.  Teaching, Education, Certification Unit Cued

20  American English Competency Screening, Level 3.3-4.0, except

21  the assessment shall be recognized for a provisional license

22  to provide only cued speech transliteration services.

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

24  license must have received a passing score on the Certified

25  Deaf Interpreter written examination and received a superior

26  or advanced plus rating on the Sign Communication Proficiency

27  Interview or the American Sign Language Proficiency Interview

28  assessment.

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

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

31  

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

 2  than one extension of a provisional license.

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

 4  residing in the state who meets the criteria for licensure

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

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

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

 8  a calendar year.

 9         (5)  SPECIAL LIMITED LICENSE.--

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

11  presentation of satisfactory proof of competency and under

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

13  to an individual who demonstrates competency in a specialized

14  area for which no formal, generally recognized evaluation

15  exists. Specialized areas associated with the practice of

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

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

18  modalities.

19         (b)  Special limited licenses shall be granted until

20  formal, generally recognized evaluative methods for these

21  modalities are instituted.

22         (c)  Special limited licenses shall state the

23  limitations as to the specialized area for which the licensee

24  demonstrates competency.

25         (d)  Licenses issued under this subsection are subject

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

27  board, except an applicant shall not be required to

28  demonstrate any knowledge or expertise in any communication

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

30  of his or her specialty.

31  

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 1         (e)  The board shall establish by rule separate

 2  educational requirements for specific modalities to determine

 3  the competency claimed by the applicant for a special limited

 4  license.

 5         (f)  The board shall adopt rules regarding the

 6  development and implementation of criteria and licensure

 7  standards for interpreters specializing in deaf-blind

 8  communication.

 9         (g)  Special limited licenses shall be recognized only

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

11         (6)  PERMIT.--

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

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

14  a permit under this subsection:

15         1.  Florida Registry of Interpreters for the Deaf,

16  Inc., Quality Assurance Screening, Level I.

17         2.  Florida Registry of Interpreters for the Deaf,

18  Inc., Educational Interpreter Evaluation, Level I.

19         3.  Educational Interpreter Performance Assessment,

20  Level III.

21         (b)  An applicant for a deaf interpreter's permit must

22  have successfully completed 20 documented hours of interpreter

23  training, of which 16 hours must be certified deaf interpreter

24  specific, and must have attained a superior or advanced plus

25  rating on the Sign Communication Proficiency Interview or the

26  American Sign Language Proficiency Interview assessment.

27         (c)  A deaf interpreter's permit may not be held for

28  more than 2 years following the date of issuance, except the

29  board may approve a 1-year extension of the permit. The board

30  shall not issue more than one extension of a permit.

31  

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 1         (d)  Deaf interpreters must submit an audiogram or

 2  audiological report with proof of hearing loss.

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

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

 5  provides interpreter services prior to the date of enactment

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

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

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

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

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

11  first provides interpreter services after the date of

12  enactment of this part shall comply with the licensing or

13  permitting requirements under this part.

14         (8)  TEMPORARY PERMIT.--

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

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

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

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

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

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

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

22  one of the following:

23         1.  Licensure.

24         2.  Temporary licensure.

25         3.  Provisional licensure.

26         4.  Permit.

27         5.  Special limited license.

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

29         468.907  Suspended or revoked license or permit.--

30  

31  

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

 2  board is subject to immediate expiration and surrender to the

 3  department.

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

 5  a suspended or revoked license or permit.

 6         (3)  The licensee or permitholder shall pay the

 7  reinstatement fee if the suspended or revoked license is

 8  reinstated by the board.

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

10  licensee or permitholder to engage in the practice of

11  interpreting until the suspension or revocation period has

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

13  practice is restored by the board.

14         468.908  Inactive status.--Any interpreter who notifies

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

16  her license on inactive status and shall be exempt from

17  payment of renewal fees until he or she applies for

18  reinstatement and the reinstatement is approved by the board

19  and a license is issued.

20         (1)  Any interpreter who requests reinstatement from

21  inactive status shall pay the reinstatement fee and shall meet

22  the requirements for reinstatement as determined by board

23  rule.

24         (2)  Any interpreter whose license is inactive shall

25  not practice in the state.

26         (3)  Any interpreter who practices interpreting while

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

28  practicing without a license and is subject to disciplinary

29  action.

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

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

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

 2  as determined by board rule.

 3         468.909  Continuing education.--

 4         (1)  A licensed interpreter shall annually submit proof

 5  of current certification and indicate his or her compliance or

 6  noncompliance with the requirements of the Registry of

 7  Interpreters for the Deaf, Inc., Certification Maintenance

 8  Program.

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

10  Unit cued speech transliterator shall submit proof of

11  successful completion of 2.0 units of continuing education

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

13         (3)  A provisional licensed interpreter shall annually

14  submit proof of completion of 2.0 units of continuing

15  education during the preceding 12 months ending March 15 of

16  each year, which also shall indicate compliance with the

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

18  Continuing Education Training program.

19         (4)  Registered permitholders shall annually submit

20  proof of successful completion of 2.0 units of continuing

21  education during the preceding 12 months ending March 15 of

22  the year in which application is made.

23         (5)  Each licensee and permitholder is responsible for

24  maintaining records of successful completion of the continuing

25  education required by this subsection and transmitting a copy

26  of the record to the board.

27         468.910  Complaint process; grievances.--

28         (1)  Complaints regarding dishonorable, unethical, or

29  unprofessional conduct of an interpreter or transliterator

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

31  

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

 2  after the occurrence of the alleged violation.

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

 4  shall include, but are not limited to:

 5         (a)  The name of the licensee.

 6         (b)  The name of the complainant.

 7         (c)  The date of the alleged violation.

 8         (d)  The date of the complaint.

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

10  complaint.

11         (f)  The final disposition of the complaint.

12         (3)  The department shall acknowledge all complaints in

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

14  complaint.

15         (4)  Disciplinary proceedings shall be conducted

16  pursuant to s. 456.073.

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

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

19  disciplinary action as the board deems appropriate, for

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

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

22  this part through bribery, misrepresentation, concealment of

23  material fact, or fraudulent misrepresentation.

24         (b)  Having been found guilty of fraud,

25  misrepresentation, concealment, or material misstatement of

26  fact or deceit in connection with providing interpreter or

27  transliterator services.

28         (c)  Having violated any standard of professional or

29  ethical conduct adopted by board rule.

30         (d)  Having been found guilty of unprofessional

31  conduct, including, but not limited to:

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 1         1.  Making a false or fraudulent statement in any

 2  document connected with the practice of interpreting or

 3  transliterating.

 4         2.  Willfully violating a privileged communication.

 5         3.  Willfully violating confidentiality.

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

 7  unlicensed person to practice interpreting or transliterating

 8  in violation of this part.

 9         5.  Practicing interpreting or transliterating under a

10  false or assumed name.

11         6.  Advertising for the practice of interpreting or

12  transliterating in a deceptive or unethical manner.

13         7.  Performing as an interpreter or transliterator

14  while intoxicated or under the influence of illegal drugs.

15         8.  Committing repeated violations of any of the rules

16  of the board or provisions of this part.

17         9.  Committing repeated acts of gross misconduct in the

18  practice of interpreting or transliterating.

19         10.  Demonstrating a pattern of practice or other

20  behavior that demonstrates incapacity or incompetence to

21  practice under this part.

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

23  of the part or the rules adopted thereunder.

24         (f)  Aiding or assisting another person in violating

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

26         468.911  Exemptions.--The following interpreters or

27  transliterators are exempt from this part:

28         (1)  An interpreter or transliterator who provides

29  interpreting services solely at a worship service or religious

30  ceremony conducted by a religious organization or for

31  educational purposes for a religious entity or

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 1  religious-affiliated school that does not receive public

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

 3  require compliance with the Americans with Disabilities Act.

 4         (2)  An interpreter or transliterator who provides

 5  interpreting services during an emergency. For purposes of

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

 7  documented attempts to obtain the services of a licensed

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

 9  determines that the delay in obtaining a licensed interpreter

10  might lead to injury or loss to the individual requiring

11  services, provided:

12         (a)  The services of a licensed interpreter must

13  continue to be sought during the emergency in which the

14  unlicensed interpreter is providing interpreting services.

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

16  Act, as determined by board rule.

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

18  and who:

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

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

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

22  conference interpreting, video-relay interpreting, or

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

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

25         1.  The nonresident interpreter must provide proof to

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

27  permit before the expiration of his or her registration.

28         2.  Interpreting services provided during a declared

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

30  registration restriction.

31  

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

 2  this part.

 3         (4)  Any person who provides interpreting services pro

 4  bono or for remuneration under circumstances that do not allow

 5  for the fulfillment of the provisions for licensure or

 6  permitting under this part and in circumstances under which

 7  the services of a qualified interpreter are not required under

 8  the provisions of the federal Americans with Disabilities Act

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

10  Individuals with Disabilities Education Improvement Act of

11  2004, the No Child Left Behind Act of 2001, or the regulations

12  adopted thereunder.

13         (5)  A student, intern interpreter, or person who

14  interprets in the presence of a supervising mentor who:

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

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

17  interpreting, provided that the student, intern, or person who

18  interprets in the presence of a supervising mentor engages

19  only in activities and services that constitute a part of a

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

21  a student, intern, or person interpreting in the presence of a

22  supervising mentor.

23         (b)  Interprets in the presence of a qualified

24  supervising mentor. The qualified supervising mentor must be:

25         1.  A fully licensed interpreter or transliterator with

26  a minimum of 5 years of interpreting experience or an

27  instructor in an interpreter training program who has three

28  letters of recommendation from individuals already approved as

29  mentors; or

30         2.  A deaf mentor meeting the requirements for a

31  provisional license.

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 1         (6)  An unlicensed interpreter who provides

 2  interpreting services to facilitate emergency services and

 3  care by hospitals under s. 395.1041 when a health care

 4  practitioner determines that the delay to obtain a licensed

 5  interpreter may result in harm to the patient.

 6         468.912  Illegal acts; penalties.--Any person who

 7  attempts to practice interpreting or transliterating for

 8  remuneration or on a voluntary basis for an interpreter

 9  service consumer without first having obtained a valid license

10  or permit, who knowingly files false information with the

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

12  otherwise violates this part commits a misdemeanor of the

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

14  775.083. Violations include, but are not limited to:

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

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

17  concealment of material facts.

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

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

20  a valid permit to practice interpreting or transliterating.

21         (3)  Interpreting or transliterating under a false or

22  assumed name.

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

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

25  licensed or holds a permit under this part.

26         (5)  Knowingly concealing information relating to the

27  enforcement of this part or rules adopted thereunder.

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

29  that is suspended or revoked.

30  

31  

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

 2  permitted under this part for the purpose of providing

 3  interpreter services to an interpreter services consumer.

 4         (8)  Knowingly allowing a student, intern interpreter,

 5  or person who interprets in the presence of a supervising

 6  mentor to provide interpreting services without direct

 7  supervision as provided under this part.

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

 9  as his or her own license.

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

11  by another person.

12         (11)  Advertising professional services in a false or

13  misleading manner.

14         468.913  Privileged communications.--

15         (1)  An interpreter who interprets or transliterates a

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

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

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

19  conversation that he or she interpreted without the written

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

21  interpreting service.

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

23  privileged shall remain privileged when an interpreter is used

24  to facilitate the communication.

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

26  conversation may be voluntarily disclosed when:

27         (a)  An interpreter services consumer waives the

28  privilege by bringing public charges against the licensee.

29         (b)  A communication reveals the intended commission of

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

31  judged necessary by the licensed interpreter to protect any

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

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

 3  the public safety.

 4         (4)  Nothing shall prohibit a licensed interpreter from

 5  voluntarily testifying in court hearings concerning matters of

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

 7  pertaining to children, except as provided under the federal

 8  Abused and Neglected Child Reporting Act.

 9         (5)  An educational interpreter may disclose pertinent

10  information to those directly responsible for the child's

11  educational program or to the members of the Individual

12  Education Plan Team.

13         468.914  Rulemaking authority.--

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

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

16  part conferring duties upon the board.

17         (2)  In addition to the rulemaking requirements

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

19  to, but not limited to:

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

21         (b)  Performance requirements, including education and

22  examination standards for interpreters.

23         (c)  Continuing education requirements.

24         (d)  Appropriate and acceptable testing tools to

25  evaluate interpreters.

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

27         (f)  Procedures for acceptance of funds from federal

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

29         Section 3.  This act shall take effect July 1, 2007.

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates a Board of Interpreters for the Deaf and Hard of
      Hearing under the Department of Business and Professional
 4    Regulation. Provides definitions relating to interpreters
      for the deaf and hard of hearing. Provides requirements
 5    for the appointment of members to the Board of
      Interpreters for the Deaf and Hard of Hearing. Provides
 6    that all provisions of ch. 455, F.S., relating to
      regulatory boards under the Department of Business and
 7    Professional Regulation apply to the board. Requires the
      board to maintain its official headquarters in
 8    Tallahassee. Requires licensing of any interpreter.
      Provides processes for application, renewal,
 9    reinstatement, extension, suspension, and revocation of
      licenses. Authorizes the board to establish fees to be
10    paid for application, examinations, and licenses.
      Provides qualifications for licensing and permitting of
11    interpreters or transliterators. Provides consequences
      for suspended or revoked permits. Provides a process for
12    exemption in which a translator may place his or her
      license on inactive status. Requires continuing education
13    and compliance with requirements for licensing. Provides
      for a complaint process regarding the unethical conduct
14    of an interpreter or transliterator. Provides for
      disciplinary proceedings and consequences for misconduct.
15    Provides exemptions for certain interpreters. Provides
      penalties for persons who attempt to practice
16    interpreting without a valid license, file false
      information with the board for the purposes of obtaining
17    a license or permit, or otherwise violate the rules.
      Provides that communications with an interpreter present
18    are privileged and may be disclosed only in certain legal
      situations. Authorizes the board to adopt rules.
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