HB 1277

1	A bill to be entitled
2	An act relating to interpreters for the deaf and hard of
3	hearing; creating s. 1002.362, F.S.; providing
4	definitions; creating s. 1002.363, F.S.; requiring that a
5	person be credentialed by Florida Certification Board,
6	Inc., in order to practice as an interpreter or
7	transliterator; creating s. 1002.364, F.S.; providing for
8	a statewide credentialing process for interpreters and
9	transliterators; requiring that the board administer such
10	process; requiring that the board establish an
11	Interpreters for the Deaf and Hard of Hearing Advisory
12	Board to recommend policies, procedures, and actions for
13	the credentialing process; prohibiting an interpreter or
14	transliterator from practicing in the state if his or her
15	credential is suspended, inactive, or revoked; creating s.
16	1002.365, F.S.; providing exemptions from the
17	credentialing requirements under certain circumstances;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 1002.362, Florida Statutes, is created
23	to read:
24	1002.362  Definitions.--As used in this section and ss.
25	1002.363, 1002.364, and 1002.365, the term:
26	(1)  "Board" means Florida Certification Board, Inc.
27	(2)  "Deaf" means a nonfunctional sense of hearing for the
28	purpose of communication. A deaf person's primary means of
29	communication is visual. Unless otherwise specified, the term
30	also means a hard of hearing or deaf-blind person.
31	(3)  "Deaf-blind" means that the senses of hearing and
32	sight are limited for the purpose of communication. A deaf-blind
33	person's primary means of communication is visual or tactile.
34	(4)  "Deaf mentor" means a qualified interpreter who
35	advises or guides student interns on a formal or informal basis,
36	as determined by board rule, and who is deaf or hard of hearing.
37	(5)  "Educational interpreter" means an interpreter or
38	transliterator who engages in the practice of interpreting in a
39	prekindergarten through grade 12 setting.
40	(6)  "Florida Association of the Deaf, Inc.," means the
41	affiliate chapter of the National Association of the Deaf.
42	(7)  "Florida Registry of Interpreters for the Deaf, Inc.,"
43	means the state affiliate chapter of the national Registry of
44	Interpreters for the Deaf, Inc.
45	(8)  "Hard of hearing" means hearing loss resulting in the
46	possible dependence on visual methods of communication.
47	(9)  "Interpreter" means a person who is engaged in the
48	practice of interpreting.
49	(10)  "Interpreting" means the process of providing
50	accessible and effective communication between persons who are
51	deaf or hard of hearing and those who are hearing, including,
52	but not limited to, communication through American Sign Language
53	and English or other modalities that involve visual, gestural,
54	oral or aural, and tactile methods of communication.
55	(11)  "Mentor" means a qualified interpreter who advises or
56	guides student interns on a formal or informal basis, as
57	determined by board rule.
58	(12)  "Mentorship" means professional guidance provided by
59	a qualified practitioner on a formal or informal basis, as
60	determined by board rule.
61	(13)  "NAD/RID Code of Professional Conduct" means the
62	guiding principles of professionalism and ethical conduct for
63	interpreters set forth by the national Registry of Interpreters
64	for the Deaf, Inc., and the National Association of the Deaf.
65	(14)  "Sign language" means a continuum of visual-gestural
66	language and communication systems based on hand signs which is
67	not limited to American Sign Language.
68	(15)  "Student" or "intern" means a person enrolled in a
69	course of study or mentorship or an apprenticeship program that
70	leads to a certificate or degree from an accredited institution
71	or a credential in transliterating or interpreting, as provided
72	in s. 1002.364.
73	(16)  "Transliterating" means the process of providing
74	accessible and effective communication between persons who are
75	deaf or hard of hearing and persons who hear primarily using a
76	signed mode of English and spoken English.
77	(17)  "Transliterator" means a person who engages in the
78	practice of transliterating.
79	Section 2.  Section 1002.363, Florida Statutes, is created
80	to read:
81	1002.363  Authority to practice.--Unless otherwise exempted
82	in s. 1002.365, a person must be credentialed by the board to
83	practice as an interpreter or transliterator in accordance with
84	s. 1002.364, if the person:
85	(1)  Represents himself or herself as an interpreter or
86	transliterator or conveys the impression of, or assumes the
87	identity of, an interpreter or transliterator; or
88	(2)  Provides interpreting or transliterating services for
89	remuneration or pro bono in circumstances in which the services
90	of a qualified interpreter or transliterator are required under
91	the Americans with Disabilities Act of 1990, s. 504 of the
92	Rehabilitation Act of 1973, the Individuals with Disabilities
93	Education Improvement Act of 2004, the No Child Left Behind Act
94	of 2001, and the regulations adopted thereunder, or other
95	applicable state and federal laws.
96	Section 3.  Section 1002.364, Florida Statutes, is created
97	to read:
98	1002.364  Statewide credentialing for interpreters for the
99	deaf and hard of hearing.--
100	(1)  The board shall administer the statewide credentialing
101	of interpreters and transliterators who provide interpreting and
102	transliterating services in the state.
103	(2)  The board shall establish an Interpreters for the Deaf
104	and Hard of Hearing Advisory Board, in cooperation with the
105	Florida Registry of Interpreters for the Deaf, Inc., and the
106	Florida Association of the Deaf, Inc., which shall recommend the
107	policies, procedures, and actions necessary for the
108	credentialing of interpreting and transliterating service
109	providers.
110	(3)  A credentialing process must be established which
111	includes policies and procedures to assure the public that all
112	credentialed interpreters and transliterators meet the
113	competency standards established by the board and follow the
114	NAD/RID Code of Professional Conduct.
115	(4)  Any credential that is suspended or revoked by the
116	board is subject to immediate expiration and must be surrendered
117	to the board.
118	(5)  An interpreter or transliterator whose credential is
119	suspended, inactive, or revoked may not practice in the state.
120	Section 4.  Section 1002.365, Florida Statutes, is created
121	to read:
122	1002.365  Exemptions.--The following interpreters or
123	transliterators are exempt from the requirements for statewide
124	credentialing:
125	(1)  An interpreter or transliterator who provides
126	interpreting or transliterating services during an emergency.
127	For purposes of this section, the term "emergency" means a
128	situation in which an individual who is deaf or hard of hearing
129	determines that the delay in obtaining a credentialed
130	interpreter may lead to the injury or death of the individual
131	requiring services.
132	(2)  A student or intern interpreter who interprets in the
133	presence of a supervising mentor or deaf mentor who is
134	credentialed by the board.
135	(3)  A noncredentialed interpreter or transliterator who
136	provides temporary interpreting services until a credentialed
137	interpreter or transliterator arrives to facilitate emergency
138	services and care by a hospital under s. 395.1041 if a health
139	care practitioner determines that a delay in obtaining a
140	credentialed interpreter or transliterator may result in harm to
141	a patient.
142	Section 5.  This act shall take effect July 1, 2009.

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