HB 991

1	A bill to be entitled
2	An act relating to interpreters for the deaf and hard of
3	hearing; amending 20.165, F.S.; including the Board of
4	Interpreters for the Deaf and Hard of Hearing to the list
5	of boards under the Department of Business and
6	Professional Regulation; creating pt. XV of ch. 468, F.S.;
7	creating s. 468.9001, F.S.; providing definitions;
8	creating s. 468.901, F.S.; creating the Board of
9	Interpreters for the Deaf and Hard of Hearing under the
10	Department of Business and Professional Regulation;
11	providing for appointment, qualifications, and terms of
12	board members; creating s. 468.902, F.S.; providing for
13	board headquarters; creating s. 468.903, F.S.; requiring
14	certain persons to be licensed or hold a permit to
15	practice; creating s. 468.904, F.S.; providing for license
16	and permit application and renewal, reinstatement,
17	extension, suspension, and revocation; providing
18	rulemaking authority; creating s. 468.905, F.S.; providing
19	for application, examination, license, and permit fees;
20	creating s. 468.906, F.S.; providing restrictions on and
21	qualifications for licensure and permit holding; providing
22	for licensure and permit types; creating s. 468.907, F.S.;
23	providing for surrender or seizure of suspended or revoked
24	licenses and permits; requiring payment of certain fee
25	upon reinstatement; prohibiting practice under certain
26	circumstances; creating s. 468.908, F.S.; providing
27	requirements for inactive status; creating s. 468.909,
28	F.S.; providing continuing education requirements;
29	creating s. 468.9101, F.S.; providing requirements for
30	submitting certain complaints; requiring the board to
31	compile certain complaint data; providing that
32	disciplinary proceedings shall be conducted under s.
33	456.073, F.S.; providing grounds for board recommendation
34	of revocation or suspension of license or permit or other
35	disciplinary action; creating s. 468.911, F.S.; providing
36	exemptions from regulation under the part; creating s.
37	468.912, F.S.; prohibiting certain acts; providing
38	penalties; creating s. 468.913, F.S.; establishing
39	privilege for certain communications; providing for
40	voluntary disclosure of certain privileged communications;
41	creating s. 468.914, F.S.; providing rulemaking authority;
42	providing an effective date.
43
44	WHEREAS, the Legislature declares that the practice of
45	manual or oral interpreting and transliterating services affects
46	the public health, safety, and welfare; therefore, the licensure
47	of these practices is necessary to ensure minimum standards of
48	competency and to provide the public with safe and accurate
49	manual or oral interpreting or transliterating services, and
50	WHEREAS, it is the intent of the Legislature to provide for
51	the regulation of persons in the state offering manual or oral
52	interpreting or transliterating services to individuals who are
53	deaf, hard of hearing, or dependent on the use of manual modes
54	of communication, NOW, THEREFORE,
55
56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1.  Paragraph (a) of subsection (4) of section
59	20.165, Florida Statutes, is amended to read:
60	20.165  Department of Business and Professional
61	Regulation.--There is created a Department of Business and
62	Professional Regulation.
63	(4)(a)  The following boards are established within the
64	Division of Professions:
65	1.  Board of Architecture and Interior Design, created
66	under part I of chapter 481.
67	2.  Florida Board of Auctioneers, created under part VI of
68	chapter 468.
69	3.  Barbers' Board, created under chapter 476.
70	4.  Florida Building Code Administrators and Inspectors
71	Board, created under part XII of chapter 468.
72	5.  Construction Industry Licensing Board, created under
73	part I of chapter 489.
74	6.  Board of Cosmetology, created under chapter 477.
75	7.  Electrical Contractors' Licensing Board, created under
76	part II of chapter 489.
77	8.  Board of Employee Leasing Companies, created under part
78	XI of chapter 468.
79	9.  Board of Interpreters for the Deaf and Hard of Hearing,
80	created under part XV of chapter 468.
81	10.9.  Board of Landscape Architecture, created under part
82	II of chapter 481.
83	11.10.  Board of Pilot Commissioners, created under chapter
84	310.
85	12.11.  Board of Professional Engineers, created under
86	chapter 471.
87	13.12.  Board of Professional Geologists, created under
88	chapter 492.
89	14.13.  Board of Professional Surveyors and Mappers,
90	created under chapter 472.
91	15.14.  Board of Veterinary Medicine, created under chapter
92	474.
93	Section 2.  Part XV of chapter 468, Florida Statutes,
94	consisting of sections 468.9001, 468.901, 468.902, 468.903,
95	468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.9101,
96	468.911, 468.912, 468.913, and 468.914, is created to read:
97	PART XV
98	INTERPRETERS FOR DEAF AND HARD OF HEARING
99	468.9001  Definitions.--As used in this part, the term:
100	(1)  "American Sign Language" means a fully developed
101	visual-gesture language with distinct grammar, syntax, and
102	symbols that is the primary language used by the deaf community
103	in the United States.
104	(2)  "American Sign Language Proficiency Interview" or
105	"Sign Communication Proficiency Interview" means the assessment
106	of fluency in American Sign Language.
107	(3)  "Board" means the Board of Interpreters for the Deaf
108	and Hard of Hearing.
109	(4)  "Cued speech" means a phonemically based system to
110	enable spoken language to appear visually through the use of
111	handshapes at specific locations in combination with natural
112	mouth movements to represent sounds of spoken language.
113	(5)  "Deaf" means a nonfunctional sense of hearing for the
114	purpose of communication and whose primary means of
115	communication is visual. Unless otherwise specified, "deaf" also
116	means hard of hearing or deaf-blind.
117	(6)  "Deaf-blind" means senses of hearing and sight that
118	are limited for the purpose of communication. A deaf-blind
119	person's primary means of communication is visual or tactile.
120	(7)  "Deaf interpreter" means a person who is deaf and who
121	engages in the practice of interpreting, including services that
122	occur in a setting that requires two or more interpreters, or an
123	intermediary interpreter, in order to facilitate communication
124	between persons who are deaf or hard of hearing and those who
125	are hearing.
126	(8)  "Department" means the Department of Business and
127	Professional Regulation.
128	(9)  "Educational interpreter" means an interpreter who
129	engages in the practice of interpreting in a prekindergarten
130	through grade 12 setting.
131	(10)  "Educational Interpreter Evaluation" means the test
132	administered by the Florida Registry of Interpreters for the
133	Deaf, Inc., to assess the skills of educational interpreters in
134	the state and consists of three levels: Level 1, which is the
135	lowest skill level; Level 2, which is the intermediate skill
136	level; and Level 3, which is the highest skill level.
137	(11)  "Educational Interpreter Performance Assessment"
138	means the assessment developed by staff members of Boys Town
139	National Research Hospital with partial support from the
140	National Institute of Health-National Institute on Deafness and
141	other Communication Disorders grant, D-60 DC00982.
142	(12)  "Florida Registry of Interpreters for the Deaf, Inc."
143	means the state affiliate chapter of the national Registry of
144	Interpreters for the Deaf, Inc.
145	(13)  "Hard of hearing" means a hearing loss that results
146	in the possible dependence on visual methods to communicate.
147	(14)  "Interpreter" means a person who engages in the
148	practice of interpreting for the deaf or hard of hearing and,
149	unless otherwise specified, means a person who engages in the
150	practice of transliterating.
151	(15)  "Interpreter service consumer" means the person for
152	whom the interpreter facilitates communication.
153	(16)  "Interpreting" means the process of providing
154	accessible communication between persons who are deaf or hard of
155	hearing and those who are hearing and includes, but is not
156	limited to, communication between American Sign Language and
157	English or other modalities that involve visual, gestural, and
158	tactile methods of communication.
159	(17)  "Mentorship" means professional guidance by a
160	qualified practitioner, as provided by board rule, on a formal
161	or an informal basis.
162	(18)  "Multilingual interpreting" means the act of
163	interpreting in a setting that requires not only skill in
164	English and American Sign Language, but also another language,
165	whether oral or signed, and cultural sensitivity and knowledge
166	of the parties involved.
167	(19)  "National Association of the Deaf" or "NAD" means the
168	entity that certified sign language interpreters at a national
169	level, though the association no longer administers its
170	certification examination, and whose certifications consist of
171	Level III, Generalist; Level IV, Advanced; and Level V, Master;
172	and are recognized in the Registry of Interpreters for the Deaf,
173	Inc.
174	(20)  "National Council on Interpreting" means the joint
175	council of the Registry of Interpreters for the Deaf, Inc., and
176	the National Association of the Deaf that issues a National
177	Interpreter Certification certifying sign language interpreters
178	at the national level.
179	(21)  "Oral interpreting" means facilitating a mode of
180	communication using speech, speechreading, and residual hearing
181	and situational and culturally appropriate gestures without the
182	use of sign language.
183	(22)  "Quality Assurance Screening" means the examination
184	administered by the Florida Registry of Interpreters for the
185	Deaf, Inc., to monitor the progress of uncertified apprentice
186	interpreters in the state which examination consists of three
187	levels: Level I, Beginner Apprentice; Level II, Intermediate
188	Apprentice; and Level III, Advanced Apprentice.
189	(23)  "Registry of Interpreters for the Deaf, Inc.," or
190	"RID" means the entity that certifies sign language and oral
191	interpreters at the national level and that grants a specialist
192	certificate in the area of legal interpreting.
193	(24)  "Sign language" means a continuum of visual-gestural
194	language and communication systems based on hand signs and is
195	not limited to American Sign Language.
196	(25)  "Student" or "intern" means a person enrolled in a
197	course of study or mentorship or an apprenticeship program that
198	leads to a certificate or degree at an accredited institution or
199	a license in interpreting.
200	(26)  "Testing, Evaluation, and Certification Unit" means
201	the national organization that assesses and certifies cued
202	speech transliterators.
203	(27)  "Transliterating" means the process of providing
204	accessible communication between persons who are deaf or hard of
205	hearing and those who are hearing primarily using a signed mode
206	of English and spoken English.
207	(28)  "Transliterator" means a person who engages in the
208	practice of transliterating.
209	468.901  Board of Interpreters for the Deaf and Hard of
210	Hearing; membership, appointment, terms.--
211	(1)  The Board of Interpreters for the Deaf and Hard of
212	Hearing is created within the Department of Business and
213	Professional Regulation consisting of nine members appointed by
214	the Governor and confirmed by the Senate. To ensure continuity
215	of board policies and to provide sufficient time for
216	implementation of the licensure and permitting process, the
217	Governor shall initially appoint members, as follows:
218	(a)  Four members shall meet the qualifications set forth
219	in this part to be eligible to become fully licensed
220	interpreters, one of whom must be a practicing educational
221	interpreter, and the four members shall be appointed from a list
222	of nine individuals recommended by the Florida Registry of
223	Interpreters for the Deaf, Inc.
224	(b)  One member shall be an interpreter for the deaf or
225	hard of hearing who meets the qualifications set forth in this
226	part to be eligible to hold a permit, provisional license, or
227	license, and shall be appointed from a list of three individuals
228	recommended by the Florida Registry of Interpreters for the
229	Deaf, Inc.
230	(c)  Two members shall be deaf or hard of hearing, one of
231	whom must use American Sign Language as a primary mode of
232	communication, and shall be appointed from a list of six
233	individuals recommended by the Florida Coordinating Council on
234	Deaf and Hard of Hearing.
235	(d)  Two members shall be private citizens who are hearing
236	and who do not hold a license or permit to interpret for the
237	deaf or hard of hearing.
238	(2)  Members appointed after the initial appointments shall
239	be licensed or hold a permit for which the initial appointees
240	were eligible pursuant to paragraphs (1)(a) and (b).
241	(3)  The applicable provisions of s. 20.165 shall apply to
242	the board, board membership, and licensure requirements.
243	(4)  All provisions of chapter 455 relating to the
244	activities of regulatory boards under the Department of Business
245	and Professional Regulation shall apply to the board.
246	468.902  Board headquarters.--The board shall maintain its
247	official headquarters in Tallahassee.
248	468.903  Authority to practice.--Any person who receives
249	remuneration as an interpreter, represents himself or herself as
250	an interpreter, or conveys the impression of or assumes the
251	identity of an interpreter must be licensed or hold a permit in
252	accordance with the provisions of this part.
253	468.904  Application and renewal, reinstatement, extension,
254	suspension, and revocation process.--
255	(1)  The board shall adopt by rule procedures necessary to
256	implement the requirements for license and permit application,
257	license renewal, license reinstatement, permit extension,
258	license and permit suspension and revocation, and continuing
259	education requirements.
260	(2)  An application for a license or permit and license or
261	permit renewal shall be submitted to the board.
262	(3)  An application shall include, but not be limited to:
263	(a)  Proof of issuance of a valid recognized credential.
264	(b)  A recent passport or other official photograph of the
265	applicant.
266	(c)  Payment of the required nonrefundable application fee.
267	(4)  The board shall adopt by rule procedures for handling
268	incomplete applications.
269	(5)  Each license or permit must be renewed no later than
270	March 1 of each year.
271	(6)  An application for license renewal or permit extension
272	shall be submitted annually to the board and shall include, but
273	not be limited to, the following:
274	(a)  Proof of issuance of a valid recognized credential.
275	(b)  Proof of completion of the required continuing
276	education, if applicable.
277	(c)  The renewal or extension fee, including the late fee,
278	if appropriate.
279	(7)  The board shall approve the issuance of a license or
280	permit, a renewal of the license, or an extension of a permit
281	upon its determination that the credentials and documents are
282	complete.
283	(8)  An application for reinstatement of a suspended
284	license or permit shall include, but not be limited to, the
285	following:
286	(a)  Proof of license credentials.
287	(b)  The nonrefundable application fee.
288	(c)  A written request including the appropriateness of
289	reinstatement.
290	(d)  Proof of completion of continuing education, as
291	applicable.
292	(9)  An application for reinstatement of a revoked license
293	or permit must include, but not be limited to, the following:
294	(a)  Proof of license credentials.
295	(b)  The nonrefundable application fee.
296	(c)  A written request including the appropriateness of
297	reinstatement.
298	(d)  Proof of completion of continuing education, as
299	applicable.
300	(10)  Upon a majority vote of the board to deny a license
301	or permit application, license renewal, license reinstatement,
302	or permit extension, the board shall notify the applicant of the
303	reasons for the denial in writing no later than 30 calendar days
304	after the board's action.
305	(11)  A person who is issued a license or permit under this
306	part and who is acting as an interpreter shall display the
307	license or permit to a client or an interpreter service consumer
308	upon request.
309	(12)  A person who is issued a license or permit under this
310	part shall notify the board of any change in his or her address
311	no later than 30 days after the change.
312	468.905  Fees.--The board shall establish by rule the fees
313	to be paid, as follows:
314	(1)  Application fee, not to exceed $35.
315	(2)  Examination fee, not to exceed $100, which is
316	refundable if the applicant is found to be ineligible to take
317	the examination.
318	(3)  Reexamination fee, not to exceed $100.
319	(4)  Initial license or permit fee, not to exceed $150.
320	(5)  Annual license renewal fee, not to exceed $150.
321	(6)  Permit extension fee, not to exceed $50.
322	(7)  License reinstatement application fee, not to exceed
323	$70.
324	468.906  License and permit; qualifications.--
325	(1)  RESTRICTIONS.--A license or permit may not be issued
326	under this part to:
327	(a)  Any person convicted of a felony.
328	(b)  Any person who has not received a high school diploma
329	or its equivalent.
330	(c)  Any person who is not 18 years of age or older.
331	(2)  INTERPRETER OR TRANSLITERATOR LICENSE.--An applicant
332	must hold one or more of the following valid certifications and
333	a degree in higher education as provided for in paragraph (e) or
334	paragraph (f) to be eligible for licensure as an interpreter or
335	transliterator:
336	(a)  A Registry of Interpreters for the Deaf, Inc.,
337	certification, except that oral certification shall be
338	recognized to provide oral transliteration services only.
339	(b)  A National Association of the Deaf Certification,
340	Level IV or Level V.
341	(c)  An RID/NAD National Interpreting Council
342	certification.
343	(d)  A Florida Registry of Interpreters for the Deaf
344	Educational Interpreter Evaluation (EIE) Level III, except that
345	the EIE III shall be recognized only for the pre-K to grade 12
346	educational setting.
347	(e)  An Educational Interpreter Performance Assessment
348	(EIPA) Level V, except that the EIPA V shall be recognized only
349	for the pre-K to grade 12 educational setting.
350	(f)  A Testing, Evaluation, and Certification Unit
351	Transliteration Skills certification, which shall be recognized
352	for a transliteration license to provide only cued speech
353	transliteration services.
354	(g)  An associate of arts degree or an associate of science
355	degree held by an interpreter certified on or after January 1,
356	2010.
357	(h)  A bachelor of arts degree or a bachelor of science
358	degree held by an interpreter certified on or after January 1,
359	2012.
360	(3)  PROVISIONAL LICENSE.--
361	(a)  An applicant must have successfully completed one or
362	more of the following assessments to be eligible for provisional
363	licensure:
364	1.  Florida Registry of Interpreters for the Deaf, Inc.,
365	Quality Assurance Screening, Level II or Level III.
366	2.  Florida Registry of Interpreters for the Deaf, Inc.,
367	Educational Interpreter Evaluation, Level II or Level III.
368	3.  National Association of the Deaf, Level III.
369	4.  Educational Interpreter Performance Assessment, Level
370	IV or Level V.
371	5.  Testing, Evaluation, and Certification Unit Cued
372	American English Competency Screening, Level 3.3-4.0, except the
373	assessment shall be recognized for a provisional license to
374	provide only cued speech transliteration services.
375	(b)  An applicant for a deaf interpreter's provisional
376	license must have received a passing score on the Certified Deaf
377	Interpreter written examination and received a superior or
378	advanced plus rating on the Sign Communication Proficiency
379	Interview or the American Sign Language Proficiency Interview
380	assessment.
381	(c)  The provisional license is active for not more than 5
382	years after the date of issuance, except that the board may
383	issue a 1-year extension. The board shall not issue more than
384	one extension of a provisional license.
385	(4)  TEMPORARY LICENSE.--An interpreter temporarily
386	residing in the state who meets the criteria for licensure under
387	this part may hold a temporary license for a period not to
388	exceed 6 months after the date of issuance of the temporary
389	license. An interpreter may hold only one temporary license in a
390	calendar year.
391	(5)  SPECIAL LIMITED LICENSE.--
392	(a)  The board shall have the authority, upon presentation
393	of satisfactory proof of competency and under rules adopted by
394	the board, to issue a special limited license to an individual
395	who demonstrates competency in a specialized area for which no
396	formal, generally recognized evaluation exists. Specialized
397	areas associated with the practice of interpreting include, but
398	are not limited to, interpreting for the deaf-blind,
399	multilingual interpreting, and certain nonsign modalities.
400	(b)  Special limited licenses shall be granted until
401	formal, generally recognized evaluative methods for these
402	modalities are instituted.
403	(c)  Special limited licenses shall state the limitations
404	as to the specialized area for which the licensee demonstrates
405	competency.
406	(d)  Licenses issued under this subsection are subject to
407	the provisions of this part and the rules adopted by the board,
408	except an applicant shall not be required to demonstrate any
409	knowledge or expertise in any communication modality other than
410	the one the applicant claims as the area of his or her
411	specialty.
412	(e)  The board shall establish by rule separate educational
413	requirements for specific modalities to determine the competency
414	claimed by the applicant for a special limited license.
415	(f)  The board shall adopt rules regarding the development
416	and implementation of criteria and licensure standards for
417	interpreters specializing in deaf-blind communication.
418	(g)  Special limited licenses shall be recognized only for
419	the area of special competency specified on the license.
420	(6)  PERMIT.--
421	(a)  An applicant for a permit must have successfully
422	passed one of the following assessments to be eligible to hold a
423	permit under this subsection:
424	1.  Florida Registry of Interpreters for the Deaf, Inc.,
425	Quality Assurance Screening, Level I.
426	2.  Florida Registry of Interpreters for the Deaf, Inc.,
427	Educational Interpreter Evaluation, Level I.
428	3.  Educational Interpreter Performance Assessment, Level
429	III.
430	(b)  An applicant for a deaf interpreter's permit must have
431	successfully completed 20 documented hours of interpreter
432	training, of which 16 hours must be certified deaf interpreter
433	specific, and must have attained a superior or advanced plus
434	rating on the Sign Communication Proficiency Interview or the
435	American Sign Language Proficiency Interview assessment.
436	(c)  A deaf interpreter's permit may not be held for more
437	than 2 years following the date of issuance, except the board
438	may approve a 1-year extension of the permit. The board shall
439	not issue more than one extension of a permit.
440	(d)  Deaf interpreters must submit an audiogram or
441	audiological report with proof of hearing loss.
442	(7)  REGISTERED PERMIT.--A registered permit shall be
443	issued not later than July 1, 2008. Any interpreter who provides
444	interpreter services prior to the date of enactment of this
445	part, who does not meet the requirements of this part, and who
446	has registered with the department not later than 60 calendar
447	days after the date of enactment of this part, shall be issued a
448	registered permit valid for a period of 2 years after the date
449	of enactment of this part. Any interpreter who first provides
450	interpreter services after the date of enactment of this part
451	shall comply with the licensing or permitting requirements under
452	this part.
453	(8)  TEMPORARY PERMIT.--
454	(a)  A person from another state, whether or not he or she
455	holds a valid interpreter's credential from that state, may hold
456	a temporary permit for a period not to exceed 6 months after the
457	date of issuance of the temporary permit.
458	(b)  A person who holds a temporary permit must submit
459	proof of having applied to the department, no later than 60 days
460	after the date of issuance of the temporary permit, for one of
461	the following:
462	1.  Licensure.
463	2.  Temporary licensure.
464	3.  Provisional licensure.
465	4.  Permit.
466	5.  Special limited license.
467	(c)  A person may hold only one temporary permit.
468	468.907  Suspended or revoked license or permit.--
469	(1)  A license or permit suspended or revoked by the board
470	is subject to immediate expiration and surrender to the
471	department.
472	(2)  The department has the right to immediately seize a
473	suspended or revoked license or permit.
474	(3)  The licensee or permitholder shall pay the
475	reinstatement fee if the suspended or revoked license is
476	reinstated by the board.
477	(4)  A renewed license or permit shall not entitle the
478	licensee or permitholder to engage in the practice of
479	interpreting until the suspension or revocation period has ended
480	or is otherwise removed by the board and the right to practice
481	is restored by the board.
482	468.908  Inactive status.--Any interpreter who notifies the
483	board on forms prescribed by board rule may place his or her
484	license on inactive status and shall be exempt from payment of
485	renewal fees until he or she applies for reinstatement and the
486	reinstatement is approved by the board and a license is issued.
487	(1)  Any interpreter who requests reinstatement from
488	inactive status shall pay the reinstatement fee and shall meet
489	the requirements for reinstatement as determined by board rule.
490	(2)  Any interpreter whose license is inactive shall not
491	practice in the state.
492	(3)  Any interpreter who practices interpreting while his
493	or her license is on inactive status shall be considered
494	practicing without a license and is subject to disciplinary
495	action.
496	(4)  An interpreter may submit a request for inactive
497	status for up to 2 years, after which the inactive interpreter
498	may petition the board for an extension of an inactive status as
499	determined by board rule.
500	468.909  Continuing education.--
501	(1)  A licensed interpreter shall annually submit proof of
502	current certification and indicate his or her compliance or
503	noncompliance with the requirements of the Registry of
504	Interpreters for the Deaf, Inc., Certification Maintenance
505	Program.
506	(2)  A licensed Testing, Evaluation, and Certification Unit
507	cued speech transliterator shall submit proof of successful
508	completion of 2.0 units of continuing education during the
509	preceding 12 months ending March 15 of each year.
510	(3)  A provisional licensed interpreter shall annually
511	submit proof of completion of 2.0 units of continuing education
512	during the preceding 12 months ending March 15 of each year,
513	which also shall indicate compliance with the Registry of
514	Interpreters for the Deaf, Inc., in the Associate Continuing
515	Education Training program.
516	(4)  Registered permitholders shall annually submit proof
517	of successful completion of 2.0 units of continuing education
518	during the preceding 12 months ending March 15 of the year in
519	which application is made.
520	(5)  Each licensee and permitholder is responsible for
521	maintaining records of successful completion of the continuing
522	education required by this subsection and transmitting a copy of
523	the record to the board.
524	468.9101  Complaint process; grievances.--
525	(1)  Complaints regarding dishonorable, unethical, or
526	unprofessional conduct of an interpreter or transliterator shall
527	be submitted to the board in writing or by videotape with a
528	completed complaint form not later than 1 calendar year after
529	the occurrence of the alleged violation.
530	(2)  Complaints shall be compiled by the board and shall
531	include, but are not limited to:
532	(a)  The name of the licensee.
533	(b)  The name of the complainant.
534	(c)  The date of the alleged violation.
535	(d)  The date of the complaint.
536	(e)  A brief statement detailing the nature of the
537	complaint.
538	(f)  The final disposition of the complaint.
539	(3)  The department shall acknowledge all complaints in
540	writing no later than 10 business days after receipt of the
541	complaint.
542	(4)  Disciplinary proceedings shall be conducted pursuant
543	to s. 456.073.
544	(5)  The board may recommend to the department the
545	revocation or suspension of a license or permit, or such
546	disciplinary action as the board deems appropriate, for conduct
547	that may result in or from, but not limited to:
548	(a)  Obtaining or attempting to obtain a license under this
549	part through bribery, misrepresentation, concealment of material
550	fact, or fraudulent misrepresentation.
551	(b)  Having been found guilty of fraud, misrepresentation,
552	concealment, or material misstatement of fact or deceit in
553	connection with providing interpreter or transliterator
554	services.
555	(c)  Having violated any standard of professional or
556	ethical conduct adopted by board rule.
557	(d)  Having been found guilty of unprofessional conduct,
558	including, but not limited to:
559	1.  Making a false or fraudulent statement in any document
560	connected with the practice of interpreting or transliterating.
561	2.  Willfully violating a privileged communication.
562	3.  Willfully violating confidentiality.
563	4.  Knowingly performing an act that aids or assists an
564	unlicensed person to practice interpreting or transliterating in
565	violation of this part.
566	5.  Practicing interpreting or transliterating under a
567	false or assumed name.
568	6.  Advertising for the practice of interpreting or
569	transliterating in a deceptive or unethical manner.
570	7.  Performing as an interpreter or transliterator while
571	intoxicated or under the influence of illegal drugs.
572	8.  Committing repeated violations of any of the rules of
573	the board or provisions of this part.
574	9.  Committing repeated acts of gross misconduct in the
575	practice of interpreting or transliterating.
576	10.  Demonstrating a pattern of practice or other behavior
577	that demonstrates incapacity or incompetence to practice under
578	this part.
579	(e)  Having violated any lawful order or any provision of
580	the part or the rules adopted thereunder.
581	(f)  Aiding or assisting another person in violating any
582	provision of this part or any rule adopted thereunder.
583	468.911  Exemptions.--The following interpreters or
584	transliterators are exempt from this part:
585	(1)  An interpreter or transliterator who provides
586	interpreting services solely at a worship service or religious
587	ceremony conducted by a religious organization or for
588	educational purposes for a religious entity or religious-
589	affiliated school that does not receive public moneys, except
590	this exemption does not apply to settings that require
591	compliance with the Americans with Disabilities Act.
592	(2)  An interpreter or transliterator who provides
593	interpreting services during an emergency. For purposes of this
594	subsection, "emergency" means a situation in which, after
595	documented attempts to obtain the services of a licensed
596	interpreter, an individual who is deaf or hard of hearing
597	determines that the delay in obtaining a licensed interpreter
598	might lead to injury or loss to the individual requiring
599	services, provided:
600	(a)  The services of a licensed interpreter must continue
601	to be sought during the emergency in which the unlicensed
602	interpreter is providing interpreting services.
603	(b)  An interpreter is acting under the Good Samaritan Act,
604	as determined by board rule.
605	(3)  An interpreter who is not a resident of this state and
606	who:
607	(a)  Is registered in this state, for a period not to
608	exceed 30 nonconsecutive calendar days in a calendar year, to
609	engage in interpreting, including, but not limited to,
610	conference interpreting, video-relay interpreting, or
611	interpreting while on a cruise vessel, and who may or may not
612	hold a valid credential from another state, except that:
613	1.  The nonresident interpreter must provide proof to the
614	board of having submitted an application for a license or permit
615	before the expiration of his or her registration.
616	2.  Interpreting services provided during a declared
617	national or state emergency will not be included in the 30-day
618	registration restriction.
619	(b)  Practices under the authority of the board and this
620	part.
621	(4)  Any person who provides interpreting services pro bono
622	or for remuneration under circumstances that do not allow for
623	the fulfillment of the provisions for licensure or permitting
624	under this part and in circumstances under which the services of
625	a qualified interpreter are not required under the provisions of
626	the federal Americans with Disabilities Act of 1990, section 504
627	of the Rehabilitation Act of 1973, the Individuals with
628	Disabilities Education Improvement Act of 2004, the No Child
629	Left Behind Act of 2001, or the regulations adopted thereunder.
630	(5)  A student, intern interpreter, or person who
631	interprets in the presence of a supervising mentor who:
632	(a)  Is enrolled in a course of study or mentorship program
633	leading to a certificate, degree, or licensure in interpreting,
634	provided that the student, intern, or person who interprets in
635	the presence of a supervising mentor engages only in activities
636	and services that constitute a part of a supervised plan of
637	study that clearly designates him or her as a student, intern,
638	or person interpreting in the presence of a supervising mentor.
639	(b)  Interprets in the presence of a qualified supervising
640	mentor. The qualified supervising mentor must be:
641	1.  A fully licensed interpreter or transliterator with a
642	minimum of 5 years of interpreting experience or an instructor
643	in an interpreter training program who has three letters of
644	recommendation from individuals already approved as mentors; or
645	2.  A deaf mentor meeting the requirements for a
646	provisional license.
647	(6)  An unlicensed interpreter who provides interpreting
648	services to facilitate emergency services and care by hospitals
649	under s. 395.1041 when a health care practitioner determines
650	that the delay to obtain a licensed interpreter may result in
651	harm to the patient. The services of a licensed interpreter must
652	continue to be sought by the treating hospital, and the licensed
653	interpreter shall replace the unlicensed interpreter upon
654	arrival at the facility.
655	468.912  Illegal acts; penalties.--Any person who attempts
656	to practice interpreting or transliterating for remuneration or
657	on a voluntary basis for an interpreter service consumer without
658	first having obtained a valid license or permit, who knowingly
659	files false information with the board for the purpose of
660	obtaining a license or permit, or who otherwise violates this
661	part commits a misdemeanor of the first degree, punishable as
662	provided in s. 775.082 or s. 775.083. Violations include, but
663	are not limited to:
664	(1)  Obtaining or attempting to obtain a license or permit
665	by means of fraud, bribery, misrepresentation, or concealment of
666	material facts.
667	(2)  Knowingly performing an act that in any way aids or
668	assists an unlicensed person or a person who does not hold a
669	valid permit to practice interpreting or transliterating.
670	(3)  Interpreting or transliterating under a false or
671	assumed name.
672	(4)  Using the name or title of "licensed interpreter" or
673	any other name or title which implies that he or she is licensed
674	or holds a permit under this part.
675	(5)  Knowingly concealing information relating to the
676	enforcement of this part or rules adopted thereunder.
677	(6)  Using or attempting to use a license or permit that is
678	suspended or revoked.
679	(7)  Employing any individual who is not licensed or
680	permitted under this part for the purpose of providing
681	interpreter services to an interpreter services consumer.
682	(8)  Knowingly allowing a student, intern interpreter, or
683	person who interprets in the presence of a supervising mentor to
684	provide interpreting services without direct supervision as
685	provided under this part.
686	(9)  Presenting the license or permit of another person as
687	his or her own license.
688	(10)  Allowing the use of his or her license or permit by
689	another person.
690	(11)  Advertising professional services in a false or
691	misleading manner.
692	468.913  Privileged communications.--
693	(1)  An interpreter who interprets or transliterates a
694	conversation between a person who can hear and a deaf person is
695	deemed a conduit for the conversation and may not disclose or be
696	compelled to disclose by subpoena the contents of the
697	conversation that he or she interpreted without the written
698	consent of all of the persons to whom he or she provided the
699	interpreting service.
700	(2)  All communications that are recognized by law as
701	privileged shall remain privileged when an interpreter is used
702	to facilitate the communication.
703	(3)  The disclosure of the contents of a privileged
704	conversation may be voluntarily disclosed when:
705	(a)  An interpreter services consumer waives the privilege
706	by bringing public charges against the licensee.
707	(b)  A communication reveals the intended commission of a
708	crime or harmful act and disclosure of the communication is
709	judged necessary by the licensed interpreter to protect any
710	persons from a clear, imminent risk of serious mental or
711	physical harm or injury or to forestall a serious threat to the
712	public safety.
713	(4)  Nothing shall prohibit a licensed interpreter from
714	voluntarily testifying in court hearings concerning matters of
715	adoption, child abuse, or child neglect or other matters
716	pertaining to children, except as provided under the federal
717	Abused and Neglected Child Reporting Act.
718	(5)  An educational interpreter may disclose pertinent
719	information to those directly responsible for the child's
720	educational program or to the members of the Individual
721	Education Plan Team.
722	468.914  Rulemaking authority.--
723	(1)  The board is authorized to adopt rules pursuant to ss.
724	120.536(1) and 120.54 to implement the provisions of this part
725	conferring duties upon the board.
726	(2)  In addition to the rulemaking requirements provided in
727	this part, the board shall adopt rules, pertaining to, but not
728	limited to:
729	(a)  A code of professional conduct for licensees.
730	(b)  Performance requirements, including education and
731	examination standards for interpreters.
732	(c)  Continuing education requirements.
733	(d)  Appropriate and acceptable testing tools to evaluate
734	interpreters.
735	(e)  Fee schedules authorized under s. 468.906.
736	(f)  Procedures for acceptance of funds from federal and
737	private sources to be used for the purposes of this part.
738	Section 3.  This act shall take effect July 1, 2007.

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