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A bill to be entitled

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An act relating to interpreters for the deaf and hard of

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hearing; creating part XVII of ch. 468, F.S.; creating s.

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468.90, F.S.; providing definitions; creating s. 468.901,

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F.S.; creating the Board of Interpreters for the Deaf and

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Hard of Hearing under the Florida Registry of Interpreters

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for the Deaf, Inc.; providing for appointment,

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qualifications, and terms of board members; creating s.

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468.902, F.S.; providing for board headquarters; creating

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s. 468.903, F.S.; requiring certain persons to be licensed

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or hold a permit to practice; creating s. 468.904, F.S.;

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providing for license and permit application and renewal,

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reinstatement, extension, suspension, and revocation;

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providing rulemaking authority; creating s. 468.905, F.S.;

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providing for fees; creating s. 468.906, F.S.; providing

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for application, examination, license, and permit fees;

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

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qualifications for licensure and permit holding; providing

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for licensure and permit types; creating s. 468.907, F.S.;

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providing for surrender or seizure of suspended or revoked

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licenses and permits; creating s. 468.908, F.S.; providing

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for inactive status; creating s. 468.909, F.S.; providing

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continuing education requirements; creating s. 468.910,

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F.S.; providing a process for submitting complaints;

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requiring the board to compile certain complaint data;

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providing for disciplinary proceedings to be conducted

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under s. 456.073, F.S.; providing grounds for board

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recommendation of revocation or suspension of license or

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permit or other disciplinary action; creating s. 468.911,

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F.S.; providing exemptions from regulation under the part;

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creating s. 468.912, F.S.; prohibiting certain acts;

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

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establishing a privilege for certain conversations;

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providing for voluntary disclosure of certain privileged

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conversations; creating s. 468.914, F.S.; providing

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rulemaking authority; providing an effective date.

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

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

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consisting of sections 468.90, 468.901, 468.902, 468.903,

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

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

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PART XVII

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INTERPRETERS FOR DEAF AND HARD OF HEARING

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

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     (1) "American Consortium of Certified Interpreters (ACCI)"

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means the entity that certified sign language interpreters at the

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national level, although the association no longer administers

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its certification examination, and whose certifications consist

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

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Master, and are recognized by the Registry of Interpreters for

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the Deaf, Inc.

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     (2) "American Sign Language" means the fully developed

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visual-gesture language having distinct grammar, syntax, and

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symbols that is the primary language used by the deaf community

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in the United States.

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     (3) "American Sign Language Proficiency Interview" or "Sign

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Communication Proficiency Interview" means the assessment of

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fluency in American Sign Language.

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     (4) "Board" means the Board of Interpreters for the Deaf

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and Hard of Hearing.

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     (5) "Cued speech" means a phonetically based system that

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enables spoken language to appear visually through the use of

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hand shapes and specific locations in combination with natural

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mouth movements to represent sounds of spoken language.

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     (6) "Deaf" means a nonfunctional sense of hearing for the

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purpose of communication and whose primary means of communication

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is visual. Unless otherwise specified, the term also means hard

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of hearing or deaf-blind persons.

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     (7) "Deaf-blind" means senses of hearing and sight are

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limited for the purpose of communication. A deaf-blind person's

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primary means of communication is visual or tactile.

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     (8) "Deaf interpreter" means a person who is deaf or hard

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of hearing who engages in the practice of interpreting in a

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setting that requires two or more interpreters in order to

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facilitate communication between persons who are deaf or hard of

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hearing and those who are hearing.

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     (9) "Department" means the Department of Business and

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Professional Regulation.

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     (10) "Educational interpreter" means an interpreter who

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engages in the practice of interpreting in a prekindergarten

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through grade 12 setting.

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     (11) "Educational Interpreter Evaluation (EIE)" means the

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test administered by the Florida Registry of Interpreters for the

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Deaf, Inc., to assess the skills of educational interpreters in

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the state and consists of three levels: Level 1, which is the

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lowest skill level; Level 2, which is the intermediate skill

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level; and Level 3, which is the highest skill level.

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     (12) "Educational Interpreter Performance Assessment

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(EIPA)" means the assessment developed by staff members of Boys

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Town National Research Hospital with partial support from the

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National Institute of Health-National Institute on Deafness and

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other Communication Disorders grant, D-60 DC00982.

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     (13) "Florida Registry of Interpreters for the Deaf, Inc.,"

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means the state affiliate chapter of the national Registry of

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Interpreters for the Deaf, Inc.

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     (14) "Hard of hearing" means a hearing loss that results in

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the possible dependence on visual methods to communicate.

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     (15) "Interpreter" means a person who is able to interpret

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effectively, accurately, impartially, receptively, and

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expressively using any necessary specialized vocabulary.

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     (16) "Interpreter service consumer" means the person for

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whom an interpreter facilitates communication.

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     (17) "Interpreting" means the process of providing

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accessible and effective communication between persons who are

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deaf or hard of hearing and those who are hearing and includes,

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but is not limited to, communication between American Sign

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Language and English or other modalities that involve visual,

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gestural, and tactile methods of communication.

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     (18) "Mentorship" means professional guidance by a

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

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an informal basis.

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     (19) "Multilingual interpreting" means interpreting in a

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setting that requires not only skill in English and American Sign

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Language, but also another language, whether oral or signed, and

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cultural sensitivity and knowledge about the parties involved.

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     (20) "National Association of the Deaf" means the entity

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that certified sign language interpreters at the national level,

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although the association no longer administers its certification

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examination, and whose certifications consist of Level III,

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Generalist; Level IV, Advanced; and Level V, Master; and are

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recognized in the Registry of Interpreters for the Deaf, Inc.

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     (21) "National Council on Interpreting" means the joint

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council of the Registry of Interpreters for the Deaf, Inc., and

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the National Association of the Deaf that issues a National

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Interpreter Certification for sign language interpreters at the

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national level, consisting of the National Interpreter

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Certification, the National Interpreter Certification Advanced,

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and the National Interpreter Certification Master.

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     (22) "Oral interpreting" means facilitating a mode of

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communication using speech, speechreading, and residual hearing

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and situational and culturally appropriate gestures without the

134

use of sign language.

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     (23) "Quality Assurance Screening" means the examination

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administered by the Florida Registry of Interpreters for the

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Deaf, Inc., to monitor the progress of uncertified apprentice

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interpreters in the state, which examination consists of three

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levels: Level I, Beginner Apprentice; Level II, Intermediate

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Apprentice; and Level III, Advanced Apprentice.

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     (24) "Registry of Interpreters for the Deaf, Inc.," means

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the entity that certifies sign language and oral interpreters at

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the national level and that grants a specialist certificate in

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the area of legal interpreting.

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     (25) "Sign language" means a continuum of visual-gestural

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language and communication systems based on hand signs and is not

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limited to American Sign Language.

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

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course of study or mentorship or an apprenticeship program that

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leads to a certificate or degree at an accredited institution or

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a license in interpreting.

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     (27) "Testing, Evaluation, and Certification Unit" means

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the national organization that assesses and certifies cued speech

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transliterators.

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     (28) "Transliterating" means the process of providing

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accessible communication between persons who are deaf or hard of

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hearing and persons who hear, primarily using a signed mode of

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English and spoken English.

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     (29) "Transliterator" means a person who engages in the

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practice of transliterating.

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     468.901 Board of Interpreters for the Deaf and Hard of

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Hearing; membership, appointment, and terms.--

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

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Hearing shall be created by the Florida Registry of Interpreters

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for the Deaf, Inc., and recognized by the Department of Business

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and Professional Regulation for the purposes of this part. The

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board shall consist of 10 members who shall be initially

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appointed as follows:

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     (a) Four members who meet the qualifications to be licensed

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interpreters, one of whom must be a practicing educational

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interpreter, appointed by the Florida Registry of Interpreters

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for the Deaf, Inc.

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     (b) One member who is an interpreter for the deaf or hard

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of hearing who is qualified to hold a permit, provisional

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license, or license, appointed by the Florida Registry of

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Interpreters for the Deaf, Inc.

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     (c) Two members who are deaf or hard of hearing, one of

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whom uses American Sign Language as a primary mode of

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communication, appointed by the Florida Association of the Deaf,

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Inc.

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     (d) Two members who are private citizens who are hearing

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and do not hold a license or permit to interpret for the deaf or

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hard of hearing, appointed by the Florida Coordinating Council on

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Deaf and Hard of Hearing.

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     (e) One member who is deaf or hard of hearing, appointed by

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the Florida Coordinating Council on the Deaf and Hard of Hearing.

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     (2) Members appointed after the initial appointments must

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be licensed or hold a permit for which the initial appointees

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were eligible pursuant to paragraphs (1)(a) and (b).

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     (3) The applicable provisions of s. 20.165 apply to the

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board, board membership, and licensure requirements.

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     (4) The provisions of chapter 455 relating to regulatory

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boards under the Department of Business and Professional

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Regulation apply to the board.

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     468.902 Board headquarters.--The board shall maintain its

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official headquarters in Tallahassee.

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     468.903 Authority to practice.--Any person who receives

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remuneration as an interpreter, represents himself or herself as

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an interpreter, or conveys the impression of or assumes the

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identity of an interpreter must be licensed or hold a permit in

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accordance with this part.

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     468.904 Application and renewal, reinstatement, extension,

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suspension, and revocation process.--

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     (1) The board shall recommend and the department shall

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adopt by rule procedures to administer the requirements for

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license and permit application, license renewal, license

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reinstatement, permit extension, license and permit suspension

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and revocation, and continuing education.

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     (2) An application for a license or permit shall be

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submitted to the board and must include, but is not limited to:

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     (a) Proof of issuance of a valid recognized credential.

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

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applicant.

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     (c) A nonrefundable application fee.

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     (3) Each license or permit must be renewed biennially no

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later than March 1.

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     (4) An application for license renewal or permit extension

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shall be submitted biennially to the department and must include,

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but is not limited to:

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     (a) Proof of issuance of a valid recognized credential.

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     (b) Proof of completion of required continuing education,

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if applicable.

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     (c) A renewal or extension fee, including any late fee.

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     (5) The board shall approve the issuance of a license or

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

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upon a determination that the credentials and documents are

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complete.

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     (6) An application for reinstatement of a suspended or

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revoked license or permit must include, but is not limited to:

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     (a) Proof of license credentials.

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     (b) A nonrefundable application fee.

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     (c) A written request including the appropriateness of

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reinstatement.

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     (d) Proof of completion of continuing education, as

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applicable.

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     (7) Upon a majority vote of the board to recommend the

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denial of a license or permit application, license renewal,

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license reinstatement, or permit extension, the board shall

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notify the applicant of the reasons for the denial in writing no

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

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     (8) A person who is issued a license or permit under this

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part and who is acting as an interpreter shall display the

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license or permit to a client or an interpreter service consumer

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upon request.

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     (9) A person who is issued a license or permit under this

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part shall notify the board of any address change no later than

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30 days after the change.

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     468.905 Fees.--Fees are as follows:

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

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

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     (3) Biennial license renewal fee, not to exceed $150.

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

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     (5) License reinstatement application fee, not to exceed

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$70.

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     468.906 License and permit; qualifications.--

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

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to:

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     (a) Any person convicted of a felony.

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

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or its equivalent.

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

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

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must hold one or more of the following valid certifications to be

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eligible for licensure as an interpreter or transliterator:

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

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certification, except that oral certification shall be recognized

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to provide oral transliteration services only.

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

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IV or Level V.

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     (c) A National Interpreting Council certification issued by

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the National Council on Interpreting.

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     (d) A Florida Registry of Interpreters for the Deaf

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Educational Interpreter Evaluation Level III, except that the EIE

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III shall be recognized for the pre-K through grade 12

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educational setting only.

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     (e) An Educational Interpreter Performance Assessment Level

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4.3-5.0, except that the EIPA 4.3-5.0 shall be recognized for the

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pre-K through grade 12 educational setting only.

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     (f) A Testing, Evaluation, and Certification Unit

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Transliteration Skills certification, which shall be recognized

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for a transliteration license to provide only cued-speech

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transliteration services.

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     (g) American Consortium of Certified Interpreters, Level IV

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or V.

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     (3) PROVISIONAL LICENSE.--

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     (a) An applicant must have successfully completed one or

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more of the following assessments to be eligible for provisional

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licensure:

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     1. Florida Registry of Interpreters for the Deaf, Inc.,

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Quality Assurance Screening, Level II or Level III.

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     2. Florida Registry of Interpreters for the Deaf, Inc.,

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Educational Interpreter Evaluation, Level II or Level III.

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     3. National Association of the Deaf, Level III.

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     4. Educational Interpreter Performance Assessment, Level IV

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or Level V.

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     5. Testing, Evaluation, and Certification Unit Cued

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

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the screening shall be recognized for a provisional license to

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provide only cued-speech transliteration services.

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     6. An American Consortium of Certified Interpreters

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certification, Level III.

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

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license must have received a passing score on the Certified Deaf

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Interpreter written examination and received a superior or

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advanced plus rating on the Sign Communication Proficiency

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Interview or the American Sign Language Proficiency Interview

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assessment.

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     (c) The provisional license is valid for up to 5 years

309

after the date of issuance, except that the department may issue

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a 1-year extension upon recommendation of the board. The

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department may not issue more than one extension of a provisional

312

license.

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

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in the state who meets the criteria for licensure under this part

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may hold a temporary license for up to 6 months after the date of

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issuance. An interpreter may be issued only one temporary license

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in a calendar year.

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     (5) SPECIAL LIMITED LICENSE.--

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     (a) The department may, upon presentation of satisfactory

320

proof of competency and pursuant to adopted rules, issue a

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special limited license to an individual who demonstrates

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competency in a specialized area for which no formal, generally

323

recognized evaluation exists. Specialized areas associated with

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the practice of interpreting include, but are not limited to,

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interpreting for the deaf-blind, multilingual interpreting, and

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certain nonsign modalities.

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     (b) Special limited licenses shall be granted until formal,

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generally recognized evaluative methods for these modalities are

329

instituted.

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     (c) Licenses issued under this subsection are subject to

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the provisions of this part and adopted rules, except that an

332

applicant is not required to demonstrate any knowledge or

333

expertise in a communication modality other than the one the

334

applicant claims as the area of his or her specialty.

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     (d) The board shall recommend and the department shall

336

establish by rule separate educational requirements for specific

337

modalities to determine the competency claimed by the applicant

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for a special limited license.

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     (e) The board shall recommend and the department shall

340

adopt rules regarding the development and implementation of

341

criteria and licensure standards for interpreters specializing in

342

deaf-blind communication.

343

     (f) Special limited licenses shall be recognized only for

344

the area of special competency as specified on the license.

345

     (6) PERMIT.--

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

347

one of the following assessments to be eligible to hold a permit

348

under this subsection:

349

     1. Florida Registry of Interpreters for the Deaf, Inc.,

350

Quality Assurance Screening, Level I.

351

     2. Florida Registry of Interpreters for the Deaf, Inc.,

352

Educational Interpreter Evaluation, Level I.

353

     3. Educational Interpreter Performance Assessment, Level

354

3.5-3.9.

355

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

356

successfully completed 20 documented hours of interpreter

357

training, of which 16 hours must be certified deaf interpreter

358

specific, and must have attained a superior or advanced plus

359

rating on the Sign Communication Proficiency Interview or the

360

American Sign Language Proficiency Interview assessment.

361

     (c) A deaf interpreter must submit an audiogram or

362

audiological report providing proof of hearing loss.

363

     (d) A permit is valid for 2 years following the date of

364

issuance, except that the department may approve a 1-year

365

extension of the permit upon recommendation of the board. The

366

department may not issue more than one extension.

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

368

not later than July 1, 2009. Any interpreter who provides

369

interpreter services before that date, who does not meet the

370

credentialing requirements of this part but who otherwise

371

qualifies under s. 468.906(1), and who has registered with the

372

department not later than 60 calendar days after July 1, 2008,

373

shall be issued a registered permit valid until July 1, 2010. Any

374

interpreter who first provides interpreter services after July 1,

375

2008 must comply with the licensing or permitting requirements of

376

this part.

377

     (8) TEMPORARY PERMIT.--

378

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

379

holds a valid interpreter's credential from that state, may hold

380

a temporary permit for up to 6 months after the date of issuance.

381

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

382

of having applied to the department, within 90 days after the

383

date of issuance of the temporary permit, for any one of the

384

following:

385

     1. Licensure.

386

     2. Temporary licensure.

387

     3. Provisional licensure.

388

     4. Permit.

389

     5. Special limited licensure.

390

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

391

     468.907 Suspended or revoked license or permit.--

392

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

393

department upon the recommendation of the board is subject to

394

immediate expiration and surrender to the department.

395

     (2) The department may immediately seize a suspended or

396

revoked license or permit.

397

     (3) A licensee or permitholder shall pay the reinstatement

398

fee if the suspended or revoked license is reinstated by the

399

department upon the recommendation of the board.

400

     (4) A renewed license or permit does not entitle the

401

licensee or permitholder to engage in the practice of

402

interpreting until the suspension or revocation period has ended

403

or is otherwise removed and the right to practice is restored.

404

     468.908 Inactive status.--Any interpreter who notifies the

405

department on forms prescribed by rule may place his or her

406

license on inactive status and is exempt from payment of renewal

407

fees until he or she applies for reinstatement and the

408

reinstatement is approved by the department upon recommendation

409

of the board and a license is issued.

410

     (1) Any interpreter who requests reinstatement from

411

inactive status shall pay the reinstatement fee and shall meet

412

the requirements for reinstatement as determined by rule.

413

     (2) An interpreter whose license is inactive may not

414

practice in the state.

415

     (3) An interpreter who practices interpreting while his or

416

her license is on inactive status is practicing without a license

417

and is subject to disciplinary action.

418

     (4) An interpreter may request inactive status for up to 2

419

years, after which he or she may petition the board for an

420

extension of an inactive status as determined by rule.

421

     468.909 Continuing education.--

422

     (1) A licensed interpreter must biennially submit proof of

423

current certification and indicate his or her compliance or

424

noncompliance with the requirements of the Registry of

425

Interpreters for the Deaf, Inc., Certification Maintenance

426

Program.

427

     (2) A licensed Testing, Evaluation, and Certification Unit

428

cued-speech transliterator must submit proof of successful

429

completion of 4.0 units of cued-speech continuing education

430

during the preceding 24 months ending on March 15 of the renewal

431

period.

432

     (3) A provisional licensed interpreter must biennially

433

submit proof of completion of 4.0 units of continuing education

434

during the preceding 24 months ending March 15 of each year,

435

which must also indicate compliance with the Registry of

436

Interpreters for the Deaf, Inc., in the Associate Continuing

437

Education Training program.

438

     (4) Registered permitholders must annually submit proof of

439

successful completion of 2.0 units of continuing education during

440

the preceding 12 months ending March 15 of the year in which

441

application is made.

442

     (5) Each licensee and permitholder shall maintain records

443

of successful completion of the continuing education required by

444

this subsection and shall transmit a copy of the record to the

445

department.

446

     468.910 Complaint process; grievances.--

447

     (1) Complaints regarding dishonorable, unethical, or

448

unprofessional conduct of an interpreter or transliterator shall

449

be submitted to the board in writing or by videotape along with a

450

completed complaint form not later than 1 calendar year after the

451

occurrence of the alleged violation.

452

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

453

include, but are not limited to:

454

     (a) The name of the licensee.

455

     (b) The name of the complainant.

456

     (c) The date of the alleged violation.

457

     (d) The date of the complaint.

458

     (e) A brief statement detailing the nature of the

459

complaint.

460

     (f) The final disposition of the complaint.

461

     (3) The department shall acknowledge each complaint in

462

writing within 10 business days after receipt of the complaint.

463

     (4) Disciplinary proceedings shall be conducted pursuant to

464

s. 456.073.

465

     (5) The board may recommend to the department the

466

revocation or suspension of a license or permit, or such

467

disciplinary action as the board deems appropriate, for conduct

468

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

469

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

470

part through bribery, misrepresentation, concealment of material

471

fact, or fraudulent misrepresentation.

472

     (b) Having been found guilty of fraud, misrepresentation,

473

concealment, or material misstatement of fact or deceit in

474

connection with providing interpreter or transliterator services.

475

     (c) Having violated any standard of professional or ethical

476

conduct adopted by rule.

477

     (d) Having been found guilty of unprofessional conduct,

478

including, but not limited to:

479

     1. Making a false or fraudulent statement in any document

480

connected with the practice of interpreting or transliterating.

481

     2. Willfully violating a privileged communication.

482

     3. Willfully violating confidentiality.

483

     4. Knowingly performing an act that aids or assists an

484

unlicensed person in practicing interpreting or transliterating

485

in violation of this part.

486

     5. Practicing interpreting or transliterating under a false

487

or assumed name.

488

     6. Advertising for the practice of interpreting or

489

transliterating in a deceptive or unethical manner.

490

     7. Performing as an interpreter or transliterator while

491

intoxicated or under the influence of illegal drugs.

492

     8. Committing repeated violations of this part or rules

493

adopted under this part.

494

     9. Committing repeated acts of gross misconduct in the

495

practice of interpreting or transliterating.

496

     10. Demonstrating a pattern of practice or other behavior

497

that demonstrates incapacity or incompetence to practice under

498

this part.

499

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

500

the part or rules adopted under this part.

501

     (f) Aiding or assisting another person in violating this

502

part or any rule adopted under this part.

503

     468.911 Exemptions.--The following interpreters or

504

transliterators are exempt from this part:

505

     (1) An interpreter or transliterator who provides

506

interpreting services solely at a worship service or religious

507

ceremony conducted by a religious organization or for educational

508

purposes for a religious entity or religious-affiliated school

509

that does not receive public moneys, except that this exemption

510

does not apply to settings that require compliance with the

511

Americans with Disabilities Act.

512

     (2) An interpreter or transliterator who provides

513

interpreting services during an emergency. For purposes of this

514

subsection, the term "emergency" means a situation in which,

515

after documented attempts to obtain the services of a licensed

516

interpreter, an individual who is deaf or hard of hearing

517

determines that the delay in obtaining a licensed interpreter

518

might lead to injury or loss to the individual requiring

519

services, if:

520

     (a) The services of a licensed interpreter must continue to

521

be sought during the emergency in which the unlicensed

522

interpreter is providing interpreting services.

523

     (b) An interpreter is acting under the Good Samaritan Act,

524

as determined by rule.

525

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

526

who:

527

     (a) Is registered in this state for a period up to 30

528

nonconsecutive calendar days to engage in interpreting,

529

including, but not limited to, conference interpreting, video-

530

relay interpreting, or interpreting while on a cruise vessel

531

originating out of this state, and who may or may not hold a

532

valid credential from another state, except that:

533

     1. The nonresident interpreter must provide proof of having

534

submitted an application for a license or permit before the

535

expiration of his or her registration.

536

     2. Interpreting services provided during a declared

537

national or state emergency are not included in the 30-day

538

registration restriction.

539

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

540

part.

541

     (4) Any person who provides interpreting services pro bono

542

or for remuneration in circumstances in which the services of a

543

qualified interpreter are not required under the federal

544

Americans with Disabilities Act of 1990, section 504 of the

545

Rehabilitation Act of 1973, the Individuals with Disabilities

546

Education Improvement Act of 2004, the No Child Left Behind Act

547

of 2001, or the regulations adopted thereunder or other

548

applicable state or federal legislation.

549

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

550

in the presence of a supervising mentor who:

551

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

552

leading to a certificate, degree, or licensure in interpreting,

553

if the student, intern, or person engages only in activities and

554

services that constitute a part of a supervised plan of study

555

that clearly designates him or her as a student, intern, or

556

person; and

557

     (b) Interprets in the presence of a qualified supervising

558

mentor. The qualified supervising mentor must be:

559

     1. A fully licensed interpreter or transliterator who has a

560

minimum of 5 years of interpreting experience or an instructor in

561

an interpreter training program who has three letters of

562

recommendation from individuals who are approved as mentors; or

563

     2. A deaf mentor meeting the requirements for a provisional

564

license.

565

     (6) An unlicensed interpreter who provides interpreting

566

services to facilitate emergency services and care by hospitals

567

under s. 395.1041 when a health care practitioner determines that

568

a delay in obtaining a licensed interpreter may result in harm to

569

a patient.

570

     468.912 Illegal acts; penalties.--Except as provided in s.

571

468.911(4), any person who attempts to practice interpreting or

572

transliterating for remuneration or on a voluntary basis for an

573

interpreter service consumer without having obtained a valid

574

license or permit, who knowingly files false information with the

575

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

576

otherwise violates this part commits a misdemeanor of the first

577

degree, punishable as provided in s. 775.082 or s. 775.083.

578

Violations include, but are not limited to:

579

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

580

by means of fraud, bribery, misrepresentation, or concealment of

581

material facts.

582

     (2) Knowingly performing an act that aids or assists an

583

unlicensed person or a person who does not hold a valid permit to

584

practice interpreting or transliterating.

585

     (3) Interpreting or transliterating under a false or

586

assumed name.

587

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

588

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

589

or holds a permit under this part.

590

     (5) Knowingly concealing information relating to the

591

enforcement of this part or rules adopted under this part.

592

     (6) Using or attempting to use a license or permit that is

593

suspended or revoked.

594

     (7) Except as provided in s. 468.911(4), employing any

595

individual who is not licensed or permitted under this part for

596

the purpose of providing interpreter services to an interpreter

597

services consumer.

598

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

599

person who interprets in the presence of a supervising mentor to

600

provide interpreting services without direct supervision.

601

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

602

his or her own license.

603

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

604

another person.

605

     (11) Advertising professional services in a false or

606

misleading manner.

607

     468.913 Privileged communications.--

608

     (1) An interpreter who interprets or transliterates a

609

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

610

deemed a conduit for the conversation and may not disclose or be

611

compelled to disclose by subpoena the contents of the

612

conversation that he or she interpreted without the written

613

consent of all persons for whom he or she provided the

614

interpreting service.

615

     (2) All communications that are recognized by law as

616

privileged remain privileged when an interpreter is used to

617

facilitate the communication.

618

     (3) The disclosure of the contents of a privileged

619

conversation may be voluntarily disclosed if:

620

     (a) An interpreter services consumer waives the privilege

621

by bringing public charges against the licensee.

622

     (b) A communication reveals the intended commission of a

623

crime and disclosure of the communication is judged necessary by

624

the licensed interpreter to protect any person from a clear,

625

imminent risk of serious mental or physical harm or injury or to

626

forestall a serious threat to the public safety.

627

     (4) Nothing prohibits a licensed interpreter from

628

voluntarily testifying in court hearings concerning matters of

629

child abuse or child neglect as provided under the federal Abused

630

and Neglected Child Reporting Act.

631

     (5) An educational interpreter may disclose pertinent

632

education-related information to persons directly responsible for

633

a child's educational program or to the members of the Individual

634

Education Plan Team.

635

     (6) With prior written agreement, staff interpreters

636

providing services in vocational rehabilitation, mental health,

637

or medical settings may disclose situation-related information to

638

other staff members.

639

     468.914 Rulemaking authority.--

640

     (1) The board may adopt rules pursuant to ss. 120.536(1)

641

and 120.54 to implement this part.

642

     (2) In addition to the rulemaking requirements provided in

643

this part, the board shall recommend to the department, and the

644

department shall adopt, rules pertaining to, but not limited to:

645

     (a) A code of professional conduct for licensees.

646

     (b) Performance requirements, including education and

647

examination standards for interpreters.

648

     (c) Continuing education requirements.

649

     (d) Appropriate and acceptable testing tools to evaluate

650

interpreters.

651

     (e) Fee schedules authorized under s. 468.906.

652

     (f) Procedures for acceptance of funds from federal and

653

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

654

     Section 2.  This act shall take effect July 1, 2008.