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A bill to be entitled

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An act relating to interpreters for the deaf and hard of

3

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

4

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 within the Department of Business and

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Professional Regulation; providing for appointment,

8

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; requiring that fees be deposited into

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the Professional Regulation Trust Fund; creating s.

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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" means

48

the entity that certified sign language interpreters at the

49

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

55

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

64

enables spoken language to appear visually through the use of

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hand shapes and specific locations in combination with natural

66

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.

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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 and who

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follows the NAD/RID Code of Professional Conduct.

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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) "NAD/RID Code of Professional Conduct" means the

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guiding principals of professionalism and ethical conduct for

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interpreters set forth by the Registry of Interpreters for the

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Deaf, Inc., and the National Association of the Deaf.

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

121

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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     (22) "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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     (23) "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

136

use of sign language.

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     (24) "Quality Assurance Screening" means the examination

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administered by the Florida Registry of Interpreters for the

139

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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     (25) "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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     (26) "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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     (27) "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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     (28) "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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     (29) "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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     (30) "Transliterator" means a person who engages in the

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practice of transliterating and adheres to the NAD/RID Code of

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Professional Conduct.

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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 is created within the Department of Business and

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Professional Regulation consisting of nine members appointed by

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the Governor and confirmed by the Senate. To ensure continuity of

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board policies and to provide sufficient time for implementation

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of the licensure and permitting process, the Governor shall

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initially appoint members, 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 Governor from the recommendations

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of 12 individuals by the Florida Registry of Interpreters for the

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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 or provisional

180

license, appointed by the Governor from the recommendations of

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three individuals by the Florida Registry of Interpreters for the

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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

185

communication, appointed by the Governor from the recommendations

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of six individuals by the Florida Association of the Deaf, 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

189

hard of hearing, appointed by the Governor from the

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recommendations of six individuals by the Florida Coordinating

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Council for the Deaf and Hard of Hearing.

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     (2) Members appointed after the initial appointments

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shall be licensed or hold a permit for which the initial

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

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     (3) Members of the board shall be appointed for terms of 4

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years, except that:

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     (a) Of the members initially appointed under paragraph

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(1)(a), one member shall be appointed to a 2-year term and one

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member shall be appointed to a 3-year term.

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     (b) The member initially appointed under paragraph(1)(b)

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shall be appointed to a 1-year term.

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     (c) Of the members initially appointed under paragraph

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(1)(c), one member shall be appointed to a 3-year term.

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     (4) A member may not serve more than two consecutive terms.

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     (5) All provisions of chapter 455 relating to the

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activities of regulatory boards under the Department of Business

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and Professional Regulation shall 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:

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     (1) Receives remuneration as an interpreter, represents

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himself or herself as an interpreter, or conveys the impression

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of or assumes the identity of an interpreter; or

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     (2) Provides interpreting services pro bono or for

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remuneration in circumstances in which the services of a

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qualified interpreter are required under the federal American

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with Disabilities Act of 1990 , section 504 of the Rehabilitation

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Act of 1973, the Individuals with Disabilities Education

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Improvement Act of 2004, the No Child Left Behind Act of 2001, or

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the regulations adopted thereunder or other applicable state or

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federal legislation,

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must be licensed or hold a permit in 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

230

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 need not be limited

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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

239

later than March 1.

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     (4) An application for license renewal or permit extension

241

shall be submitted biennially to the department and must include,

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but need not be limited to:

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

244

     (b) Proof of completion of required continuing education,

245

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

248

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

249

upon a determination that the credentials and documents are

250

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 need not be limited

253

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.--

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     (1) Fees are as follows:

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

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

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

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

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     (e) License reinstatement application fee, not to exceed

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$70.

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     (2) In accordance with s. 455.219(3), all moneys collected

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by the department under this part shall be deposited into the

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Professional Regulation Trust Fund.

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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

288

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

292

eligible for licensure as an interpreter or transliterator:

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

294

certification, except that oral certification shall be recognized

295

to provide oral transliteration services only.

296

     (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.

307

     (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

310

transliteration services.

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     (g) American Consortium of Certified Interpreters, Level IV

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or Level 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.

319

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

320

Educational Interpreter Evaluation, Level II or Level III.

321

     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 4.0-4.2, 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

331

license must have received a passing score on the Certified Deaf

332

Interpreter written examination and received a superior or

333

advanced plus rating on the Sign Communication Proficiency

334

Interview or the American Sign Language Proficiency Interview

335

assessment.

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

337

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

338

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

339

department may not issue more than one extension of a provisional

340

license.

341

     (4) SPECIAL LIMITED LICENSE.--

342

     (a) The department may, upon presentation of satisfactory

343

proof of competency and pursuant to adopted rules, issue a

344

special limited license to an individual who demonstrates

345

competency in a specialized area for which no formal, generally

346

recognized evaluation exists. Specialized areas associated with

347

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

348

interpreting for the deaf-blind, multilingual interpreting, and

349

certain nonsign modalities.

350

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

351

generally recognized evaluative methods for these modalities are

352

instituted.

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     (c) Licenses issued under this subsection are subject to

354

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

355

applicant is not required to demonstrate any knowledge or

356

expertise in a communication modality other than the one the

357

applicant claims as the area of his or her specialty.

358

     (d) The board shall recommend and the department shall

359

establish by rule separate educational requirements for specific

360

modalities to determine the competency claimed by the applicant

361

for a special limited license.

362

     (e) The board shall recommend and the department shall

363

adopt rules regarding the development and implementation of

364

criteria and licensure standards for interpreters specializing in

365

deaf-blind communication.

366

     (f) Special limited licenses shall be recognized only for

367

the area of special competency as specified on the license.

368

     (5) PERMIT.--

369

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

370

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

371

under this subsection:

372

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

373

Quality Assurance Screening, Level I.

374

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

375

Educational Interpreter Evaluation, Level I.

376

     3. Educational Interpreter Performance Assessment, Level

377

3.5-3.9.

378

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

379

successfully completed 20 documented hours of interpreter

380

training, of which 16 hours must be certified deaf interpreter

381

specific, and must have attained a superior or advanced plus

382

rating on the Sign Communication Proficiency Interview or the

383

American Sign Language Proficiency Interview assessment.

384

     (c) A deaf interpreter must submit an audiogram or

385

audiological report providing proof of hearing loss.

386

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

387

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

388

extension of the permit upon recommendation of the board. The

389

department may not issue more than one extension.

390

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

391

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

392

interpreter services before that date, who does not meet the

393

credentialing requirements of this part but who would not be

394

disqualified by the restrictions imposed under subsection (1),

395

and who has registered with the department not later than 60

396

calendar days after July 1, 2008, shall be issued a registered

397

permit that is valid until July 1, 2010. Any interpreter who

398

first provides interpreter services after July 1, 2008, must

399

comply with the licensing or permitting requirements of this

400

part.

401

     (7) TEMPORARY PERMIT.--

402

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

403

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

404

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

405

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

406

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

407

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

408

following:

409

     1. Licensure.

410

     2. Provisional licensure.

411

     3. Permit.

412

     4. Special limited licensure.

413

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

414

     468.907 Suspended or revoked license or permit.--

415

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

416

department upon the recommendation of the board is subject to

417

immediate expiration and surrender to the department.

418

     (2) The department may immediately seize a suspended or

419

revoked license or permit.

420

     (3) A licensee or permitholder shall pay the reinstatement

421

fee if the suspended or revoked license is reinstated by the

422

department upon the recommendation of the board.

423

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

424

licensee or permitholder to engage in the practice of

425

interpreting until the suspension or revocation period has ended

426

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

427

     468.908 Inactive status.--Any interpreter who notifies the

428

department on forms prescribed by rule may place his or her

429

license on inactive status and is exempt from payment of renewal

430

fees until he or she applies for reinstatement and the

431

reinstatement is approved by the department upon recommendation

432

of the board and a license is issued.

433

     (1) Any interpreter who requests reinstatement from

434

inactive status shall pay the reinstatement fee and shall meet

435

the requirements for reinstatement as determined by rule.

436

     (2) An interpreter whose license is inactive may not

437

practice in the state.

438

     (3) An interpreter who practices interpreting while his or

439

her license is on inactive status is practicing without a license

440

and is subject to disciplinary action.

441

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

442

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

443

extension of an inactive status as determined by rule.

444

     468.909 Continuing education.--

445

     (1) A licensed interpreter must biennially submit proof of

446

current certification and indicate his or her compliance or

447

noncompliance with the requirements of the Registry of

448

Interpreters for the Deaf, Inc., Certification Maintenance

449

Program.

450

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

451

cued-speech transliterator must submit proof of successful

452

completion of 4.0 units of cued-speech continuing education

453

during the preceding 24 months ending on March 1 of the renewal

454

period.

455

     (3) A provisional licensed interpreter must biennially

456

submit proof of completion of 4.0 units of continuing education

457

during the preceding 24 months ending March 1 of the renewal

458

period, which must also indicate compliance with the Registry of

459

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

460

Education Training program.

461

     (4) Registered permitholders must annually submit proof of

462

successful completion of 2.0 units of continuing education during

463

the preceding 12 months ending March 1 of the year in which

464

application is made.

465

     (5) Each licensee and permitholder shall maintain records

466

of successful completion of the continuing education required by

467

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

468

department.

469

     468.910 Complaint process; grievances.--

470

     (1) Complaints regarding dishonorable, unethical, or

471

unprofessional conduct of an interpreter or transliterator shall

472

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

473

completed complaint form not later than 1 calendar year after the

474

occurrence of the alleged violation.

475

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

476

include, but are not limited to:

477

     (a) The name of the licensee.

478

     (b) The name of the complainant.

479

     (c) The date of the alleged violation.

480

     (d) The date of the complaint.

481

     (e) A brief statement detailing the nature of the

482

complaint, including a specific violation of the NAD/RID Code of

483

Professional Conduct.

484

     (f) The final disposition of the complaint.

485

     (3) The department shall acknowledge each complaint in

486

writing within 10 business days after receipt of the complaint.

487

     (4) Disciplinary proceedings shall be conducted pursuant to

488

s. 456.073.

489

     (5) The board may recommend to the department the

490

revocation or suspension of a license or permit, or such

491

disciplinary action as the board deems appropriate, for conduct

492

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

493

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

494

part through bribery, misrepresentation, concealment of material

495

fact, or fraudulent misrepresentation.

496

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

497

concealment, or material misstatement of fact or deceit in

498

connection with providing interpreter or transliterator services.

499

     (c) Having violated any standard of professional or ethical

500

conduct adopted by rule.

501

     (d) Having violated any standard of professional or ethical

502

conduct as prescribed in the NAD/RID Code of Professional

503

Conduct, including, but not limited to:

504

     1. Making a false or fraudulent statement in any document

505

connected with the practice of interpreting or transliterating.

506

     2. Willfully violating a privileged communication.

507

     3. Willfully violating confidentiality.

508

     4. Knowingly performing an act that aids or assists an

509

unlicensed person in practicing interpreting or transliterating

510

in violation of this part.

511

     5. Practicing interpreting or transliterating under a false

512

or assumed name.

513

     6. Advertising for the practice of interpreting or

514

transliterating in a deceptive or unethical manner.

515

     7. Performing as an interpreter or transliterator while

516

intoxicated or under the influence of illegal drugs.

517

     8. Committing repeated violations of this part or rules

518

adopted under this part.

519

     9. Committing repeated acts of gross misconduct in the

520

practice of interpreting or transliterating.

521

     10. Demonstrating a pattern of practice or other behavior

522

that demonstrates incapacity or incompetence to practice under

523

this part.

524

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

525

the part or rules adopted under this part.

526

     (f) Aiding or assisting another person in violating this

527

part or any rule adopted under this part.

528

     468.911 Exemptions.--The following interpreters or

529

transliterators are exempt from this part:

530

     (1) An interpreter or transliterator who provides

531

interpreting services during an emergency. For purposes of this

532

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

533

after documented attempts to obtain the services of a licensed

534

interpreter, an individual who is deaf or hard of hearing

535

determines that the delay in obtaining a licensed interpreter

536

might lead to injury or loss to the individual requiring

537

services, if:

538

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

539

be sought during the emergency in which the unlicensed

540

interpreter is providing interpreting services.

541

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

542

as determined by rule.

543

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

544

who:

545

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

546

nonconsecutive calendar days to engage in interpreting,

547

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

548

relay interpreting, or interpreting while on a cruise vessel

549

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

550

valid credential from another state, except that:

551

     1. The nonresident interpreter must provide proof of having

552

submitted an application for a license or permit before the

553

expiration of his or her registration.

554

     2. Interpreting services provided during a declared

555

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

556

registration restriction.

557

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

558

part.

559

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

560

in the presence of a supervising mentor who:

561

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

562

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

563

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

564

services that constitute a part of a supervised plan of study

565

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

566

person; and

567

     (b) Interprets in the presence of a qualified supervising

568

mentor. The qualified supervising mentor must be:

569

     1. A fully licensed interpreter or transliterator who has a

570

minimum of 5 years of interpreting experience or an instructor in

571

an interpreter training program who has three letters of

572

recommendation from individuals who are approved as mentors; or

573

     2. A deaf mentor meeting the requirements for a provisional

574

license.

575

     (4) An unlicensed interpreter who provides interpreting

576

services to facilitate emergency services and care by hospitals

577

under s. 395.1041 when a health care practitioner determines that

578

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

579

a patient.

580

     (5) Any person who provides interpreting services without

581

remuneration on behalf of a physician licensed pursuant to

582

chapter 458 or chapter 459 to a deaf or hard of hearing patient

583

of the physician.

584

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

585

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

586

transliterating for remuneration or on a voluntary basis for an

587

interpreter service consumer without having obtained a valid

588

license or permit, who knowingly files false information with the

589

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

590

otherwise violates this part commits a misdemeanor of the first

591

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

592

Violations include, but are not limited to:

593

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

594

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

595

material facts.

596

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

597

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

598

practice interpreting or transliterating.

599

     (3) Interpreting or transliterating under a false or

600

assumed name.

601

     (4) Falsely using the name or title of "licensed

602

interpreter" or any other name or title that implies that he or

603

she is licensed or holds a permit under this part.

604

     (5) Knowingly concealing information relating to the

605

enforcement of this part or rules adopted under this part.

606

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

607

suspended or revoked.

608

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

609

individual who is not licensed or permitted under this part for

610

the purpose of providing interpreter services to an interpreter

611

services consumer.

612

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

613

person who interprets in the presence of a supervising mentor to

614

provide interpreting services without direct supervision.

615

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

616

his or her own license.

617

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

618

another person.

619

     (11) Advertising professional services in a false or

620

misleading manner.

621

     468.913 Privileged communications.--

622

     (1) An interpreter who interprets or transliterates a

623

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

624

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

625

compelled to disclose by subpoena the contents of the

626

conversation that he or she interpreted without the written

627

consent of all persons for whom he or she provided the

628

interpreting service.

629

     (2) All communications that are recognized by law as

630

privileged remain privileged when an interpreter is used to

631

facilitate the communication.

632

     (3) The disclosure of the contents of a privileged

633

conversation may be voluntarily disclosed if:

634

     (a) An interpreter services consumer waives the privilege

635

by bringing public charges against the licensee.

636

     (b) A communication reveals the intended commission of a

637

crime.

638

     (4) A licensed interpreter is not prohibited from

639

voluntarily testifying in court hearings concerning matters of

640

child abuse or child neglect as provided under the federal Abused

641

and Neglected Child Reporting Act.

642

     (5) An educational interpreter may disclose pertinent

643

education-related information to persons directly responsible for

644

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

645

Education Plan Team.

646

     (6) With prior written agreement, staff interpreters

647

providing services in vocational rehabilitation, mental health,

648

or medical settings may disclose situation-related information to

649

other staff members.

650

     468.914 Rulemaking authority.--

651

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

652

and 120.54 to administer this part.

653

     (2) In addition to the rulemaking requirements provided in

654

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

655

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

656

     (a) A code of professional conduct for licensees.

657

     (b) Performance requirements, including education and

658

examination standards for interpreters.

659

     (c) Continuing education requirements.

660

     (d) Appropriate and acceptable testing tools to evaluate

661

interpreters.

662

     (e) Fee schedules authorized under s. 468.905.

663

     (f) Procedures for acceptance of funds from federal and

664

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

665

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