| 1 | A bill to be entitled |
| 2 | An act relating to interpreters and transliterators; |
| 3 | creating s. 1002.362, F.S.; requiring the Florida School |
| 4 | for the Deaf and the Blind to designate an entity to issue |
| 5 | credentials to interpreters and transliterators who |
| 6 | provide services for persons who are deaf or hard of |
| 7 | hearing; providing definitions; requiring that a person |
| 8 | who provides interpreting or transliterating services |
| 9 | possess a credential issued under the act; providing a |
| 10 | temporary exception for persons who hold a credential from |
| 11 | another state; requiring that the credentialing entity |
| 12 | establish the Interpreters for the Deaf and Hard of |
| 13 | Hearing Advisory Board; providing duties of the board; |
| 14 | authorizing the credentialing entity to seek injunctive |
| 15 | relief for certain violations; prohibiting the use of |
| 16 | public funds to employ interpreters or transliterators who |
| 17 | do not hold valid credentials; providing a temporary |
| 18 | exemption for persons practicing as interpreters or |
| 19 | transliterators on a specified date; providing an |
| 20 | effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 1002.362, Florida Statutes, is created |
| 25 | to read: |
| 26 | 1002.362 Credentialing of interpreters and |
| 27 | transliterators.- |
| 28 | (1) The Florida School for the Deaf and the Blind shall |
| 29 | designate a statewide entity to issue credentials to |
| 30 | interpreters and transliterators in this state. |
| 31 | (2) As used in this section, the term: |
| 32 | (a) "Credentialing entity" means the entity designated by |
| 33 | the Florida School for the Deaf and the Blind pursuant to |
| 34 | subsection (1). |
| 35 | (b) "Deaf" means a nonfunctional sense of hearing for the |
| 36 | purpose of communication. A person who is deaf primarily uses |
| 37 | visual methods of communication. Unless otherwise specified, the |
| 38 | term also includes a person who is hard of hearing or a person |
| 39 | who is deaf-blind. |
| 40 | (c) "Deaf-blind" means that the senses of hearing and |
| 41 | sight are limited for the purpose of communication. A person who |
| 42 | is deaf-blind primarily uses visual or tactile methods of |
| 43 | communication. |
| 44 | (d) "Hard of hearing" means hearing loss that results in |
| 45 | the possible dependence on visual methods to communicate. |
| 46 | (e) "Interpreter" means a person who provides accessible |
| 47 | and effective communication between persons who are deaf or hard |
| 48 | of hearing and persons who are hearing, including, but not |
| 49 | limited to, communication through American Sign Language and |
| 50 | English or other modalities that involve visual, gestural, oral |
| 51 | or aural, and tactile methods of communication. |
| 52 | (f) "Sign language" means a continuum of visual-gestural |
| 53 | language and communication systems that is based on hand signs |
| 54 | and is not limited to American Sign Language. |
| 55 | (g) "Transliterator" means a person who provides |
| 56 | accessible and effective communication between persons who are |
| 57 | deaf or hard of hearing and persons who hear, primarily using |
| 58 | sign language or other signed mode of English and spoken |
| 59 | English. |
| 60 | (3) Unless otherwise exempt as provided in subsection (4) |
| 61 | or subsection (8), a person who represents himself or herself as |
| 62 | an interpreter or transliterator or who provides interpreting or |
| 63 | transliterating services for remuneration or pro bono in |
| 64 | circumstances in which the services of a qualified interpreter |
| 65 | or transliterator are requested under the Americans with |
| 66 | Disabilities Act of 1990, s. 504 of the Rehabilitation Act of |
| 67 | 1973, the Individuals with Disabilities Education Improvement |
| 68 | Act of 2004, or the No Child Left Behind Act of 2001, and the |
| 69 | regulations adopted thereunder, or other applicable state or |
| 70 | federal law, must possess a credential issued under this section |
| 71 | to provide interpreter or transliterator services. |
| 72 | (4) A person who holds a credential to practice as an |
| 73 | interpreter or transliterator in another state may practice for |
| 74 | 2 years after initial employment in this state without being |
| 75 | issued a credential under this section. |
| 76 | (5) The credentialing entity, in cooperation with the |
| 77 | Florida Registry of Interpreters for the Deaf, Inc., shall |
| 78 | establish the Interpreters for the Deaf and Hard of Hearing |
| 79 | Advisory Board. The board shall recommend to the credentialing |
| 80 | entity policies, procedures, and actions necessary to issue a |
| 81 | credential to interpreters and transliterators, consistent with |
| 82 | standards endorsed by the Florida Registry of Interpreters for |
| 83 | the Deaf, Inc., the Registry of Interpreters for the Deaf, Inc., |
| 84 | and the National Association of the Deaf, Inc. |
| 85 | (6) The credentialing entity may seek injunctive relief to |
| 86 | enjoin persons who are practicing as interpreters or |
| 87 | transliterators but who do not hold a valid credential issued |
| 88 | under this section or who are not exempt as provided in |
| 89 | subsection (4) or subsection (8). |
| 90 | (7) Public funds may not be used to employ interpreters or |
| 91 | transliterators who do not hold a valid credential issued under |
| 92 | this section. |
| 93 | (8) The following persons are exempt from the requirements |
| 94 | of this section: |
| 95 | (a) A person who provides interpreting services in |
| 96 | situations where the delay in obtaining a credentialed |
| 97 | interpreter may result in immediate injury or economic loss. |
| 98 | (b) A student or intern practicing under the supervision |
| 99 | of an interpreter or transliterator who holds a valid |
| 100 | credential. |
| 101 | (c) A noncredentialed person providing interpreting |
| 102 | services until a credentialed interpreter or transliterator is |
| 103 | secured in order to facilitate emergency services and care by a |
| 104 | hospital, pursuant to s. 395.1041, if a health care practitioner |
| 105 | determines that a delay in obtaining a credentialed interpreter |
| 106 | or transliterator may result in harm to a patient. |
| 107 | (9) A person practicing as an interpreter or |
| 108 | transliterator on July 1, 2010, must apply for a credential |
| 109 | under this section. Except as otherwise provided in subsection |
| 110 | (4) or subsection (8), a person practicing as an interpreter or |
| 111 | transliterator on or after July 1, 2012, must hold a valid |
| 112 | credential issued under this section. |
| 113 | Section 2. This act shall take effect July 1, 2010. |