SB465: Bill Text

CORRECTED COPY

LRB-4297/1

MPG:ahe

2017 - 2018 LEGISLATURE

2017 Senate BILL 465

October 18, 2017 - Introduced by Senators Testin, Johnson, Vinehout, Larson and Carpenter, cosponsored by Representatives Brostoff, Skowronski, Kleefisch, Crowley, Bowen, Vorpagel, Stuck, Subeck, Rohrkaste, Anderson, Spiros, Spreitzer, Genrich, Sargent, Hintz, Zamarripa, Ripp, C. Taylor, Sinicki, Kolste, Riemer, E. Brooks, Hebl and Goyke. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB465,1,5 An Act to repeal 15.407 (9) and 440.032; to amend 440.032 (3) (b) 3. and 905.015 (2) (intro.); and to create 15.405 (18) and chapter 471 of the statutes; relating to: regulation of sign language interpretation services, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a criminal penalty.

Analysis by the Legislative Reference Bureau

This bill replaces the current licensure program for sign language interpreters licensed by the Department of Safety and Professional Services with a licensure program administered by the Sign Language Interpreters Examining Board, which is created in the bill. The board's membership consists of three deaf, hard of hearing, or deaf-blind individuals, three experienced sign language interpreters who are licensed under the bill, and one individual who is not deaf, hard of hearing, or deaf-blind and has obtained the services of a sign language interpreter on behalf of an individual who is deaf, hard of hearing, or deaf-blind.

Under the bill, the board grants the following licenses:

1. Sign language interpreter — intermediate hearing. The board must license an individual as a sign language interpreter — intermediate hearing if, among other requirements, the individual has received at least a bachelor's degree from an accredited college or university; the individual has successfully completed an interpreter training program; and the individual has passed the basic performance examination administered by the Board for Evaluation of Interpreters (BEI) and is certified by BEI or has passed an examination the board determines is substantially equivalent to the BEI basic performance examination. The bill includes alternative paths to licensure as a sign language interpreter — intermediate hearing.

2. Sign language interpreter — advanced hearing. The board must license an individual as a sign language interpreter — advanced hearing if, among other requirements, the individual has received at least a bachelor's degree from an accredited college or university; the individual has successfully completed an interpreter training program; and the individual has passed the advanced or master performance examination administered by BEI and is certified by BEI, has passed the examination for and holds the national interpreter certification issued by the Registry of Interpreters for the Deaf, Inc. (RID), or has passed an exam the board determines is substantially equivalent. The bill includes alternative paths to licensure as a sign language interpreter — advanced hearing.

3. Sign language interpreter — intermediate deaf. The board must license an individual as a sign language interpreter — intermediate deaf if, among other requirements, the individual holds a high school diploma or its equivalent; the individual successfully completed at least 40 hours of a sign language interpreter training curriculum for deaf interpreters; the individual successfully completed at least 16 hours of sign language interpretation-related training approved by BEI or RID; and the individual provides to the board letters of recommendation from at least two individuals who hold a sign language interpreter — advanced deaf license, a certified deaf interpreter certification issued by RID, or an equivalent certification. Taken in the aggregate, the letters of recommendation must verify that the individual has successfully completed at least 25 hours of observing the provision of sign language interpretation services provided to clients.

4. Sign language interpreter — advanced deaf. The board must license an individual as a sign language interpreter — advanced deaf if, among other requirements, the individual holds at least an associate degree or satisfies an alternative pathway for education and the individual holds a certified deaf interpreter certification issued by RID or an equivalent certification, as determined by the board.

The bill requires the board to promulgate rules defining the scope of practice of each of the licenses described above, subject to certain restrictions set forth in the bill.

The bill also establishes a committee to negotiate, develop, execute, and periodically review on behalf of the board a memorandum of understanding between the board and the Department of Public Instruction regarding DPI's licensure of educational sign language interpreters. An individual licensed by DPI and providing sign language interpretation services at a school or school-sponsored event is not required to be licensed by the board. The bill also includes other temporary and permanent exemptions from licensure.

Finally, in addition to enforcement powers and penalties that are similar to the powers provided to other examining boards and applicable penalties, the bill provides enforcement authority to the board with respect to the unauthorized practice of sign language interpretation or the unauthorized use of a title related to sign language interpretation. Under the bill, the board may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a license required under the bill. If the board determines after a public hearing that a person has engaged in a practice or used a title without a required license, the board may issue a special order enjoining the person from the continuation of the practice or use of the title. Any person who violates such a special order may be required to pay a forfeiture of up to $10,000 for each offense. The board, DSPS, the attorney general, or any district attorney may commence an action in the name of the state to recover the forfeiture.

In lieu of holding a public hearing, the board may petition the circuit court for a temporary restraining order or an injunction. Any person who violates such a temporary restraining order or injunction may be fined between $25 and $5,000 or imprisoned for up to one year in the county jail or both.

Similar, although not identical, enforcement authority is provided to DSPS under current law concerning the unauthorized practice or use of a title with respect to a profession regulated by DSPS or a board under DSPS.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB465,1 Section 1. 15.405 (18) of the statutes is created to read:

SB465,3,3 15.405 (18) Sign language interpreters examining board. (a) In this subsection, “interpretation services” has the meaning given in s. 471.01 (3).

SB465,3,6 (b) There is created a sign language interpreters examining board in the department of safety and professional services consisting of the following members appointed for 4-year terms:

SB465,3,9 1. Three public members who are deaf, hard of hearing, or deaf-blind. All of the members appointed under this subdivision shall have experience as individual clients of sign language interpreters providing interpretation services.

SB465,3,11 2. Two sign language interpreters — advanced hearing licensed under s. 471.04 (2).

SB465,3,12 3. One sign language interpreter — advanced deaf licensed under s. 471.04 (4).

SB465,4,3 4. One public member who is not deaf, hard of hearing, or deaf-blind and who has obtained, or represents an entity that has obtained, interpretation services for the benefit of an individual who is deaf, hard of hearing, or deaf-blind.

SB465,4,7 (c) The governor shall nominate the members under par. (b) only after consultation with the Wisconsin Association of the Deaf, Inc., or its successor, and the Wisconsin Registry of Interpreters for the Deaf, Inc., or its successor, concerning the nominations.

SB465,4,9 (d) No member appointed under par. (b) may be an individual who is employed by or represents the department of safety and professional services.

SB465,2 Section 2. 15.407 (9) of the statutes is repealed.

SB465,3 Section 3. 440.032 of the statutes, as affected by 2017 Wisconsin Act .... (this act), is repealed.

SB465,4 Section 4 . 440.032 (3) (b) 3. of the statutes is amended to read:

SB465,4,15 440.032 (3) (b) 3. A license granted under subd. 1. or 2. may be renewed twice 3 times and is not valid upon the expiration of the 2nd 3rd renewal period.

SB465,5 Section 5. Chapter 471 of the statutes is created to read:

SB465,4,17 chapter 471

SB465,4,19 sign language interpreters examining board

SB465,4,20 471.01 Definitions. In this chapter:

SB465,4,21 (1) “Board” means the sign language interpreters examining board.

SB465,4,23 (1m) “Board for Evaluation of Interpreters" means the Board for Evaluation of Interpreters or its successor.

SB465,5,2 (2) “Client" means a deaf, hard of hearing, or deaf-blind individual for whom another individual provides interpretation services, and, to the extent the context requires, includes the parent or guardian of a deaf, hard of hearing, or deaf-blind individual if the individual is a minor.

SB465,5,4 (3) “Interpretation services” means any kind of sign language interpretation services provided to a client, whether provided by a hearing or deaf interpreter.

SB465,5,6 (4) “Interpreter training program” means any postsecondary educational program that prepares individuals to perform interpretation services.

SB465,5,8 (4m) “Registry of Interpreters for the Deaf" means the Registry of Interpreters for the Deaf, Inc., or its successor.

SB465,5,10 (5) “Support service provider" means an individual who is trained to act as a link between an individual who is deaf-blind and that individual's environment.

SB465,5,13 471.02 License required. (1) No individual may, for compensation, provide interpretation services to a client unless the individual is licensed under s. 471.04 or is exempt from licensure.

SB465,5,20 (2) No individual may use the title “sign language interpreter," “interpreter for the deaf,” “hearing interpreter,” “deaf interpreter,” “ American sign language interpreter,” “ASL English interpreter,” or describe or imply that he or she is an individual who provides interpretation services to clients, or represent himself or herself as an individual who provides interpretation services to clients unless the individual is licensed under s. 471.04 or is exempt from licensure under sub. (3) (a) or (b) or s. 471.03 or 471.035.

SB465,5,23 (2m) If interpretation services are provided via live remote video conferencing, an individual providing interpretation services shall be licensed under this section if any of the following applies at the time the interpretation services are provided:

SB465,5,24 (a) The client is located in this state.