SB389: Bill Text

SB389,8,12 (a) Make recommendations to the department regarding the promulgation of rules establishing a code of ethics that governs the professional conduct of persons licensed under sub. (3).

SB389,8,14 (b) Advise the department regarding the promulgation and implementation of rules regarding the practice of sign language interpreters.

SB389,8,16 (c) Advise the legislature regarding legislation affecting sign language interpreters.

SB389,8,18 (d) Promulgate rules establishing a process and criteria for granting exemptions under sub. (2) (c) 2.

SB389,8,21 (e) Assist the department in alerting sign language interpreters and the deaf community in this state to changes in the law affecting the practice of sign language interpreters.

SB389,8,24 (7) Rule making. (a) The department may not promulgate rules that impose requirements for granting a license that are in addition to the requirements specified in sub. (3).

SB389,9,8 (b) After considering the recommendations of the council, the department shall promulgate rules that establish a code of ethics that governs the professional conduct of persons licensed under sub. (3). In promulgating rules under this paragraph, the department shall consider including as part or all of the rules part or all of the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor. The department shall periodically review the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor, and, if appropriate, revise the rules promulgated under this paragraph to reflect revisions to that code of ethics.

SB389,9,15 (8) Disciplinary proceedings and actions. Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this section or any rule promulgated under this section has occurred and may reprimand a person who is licensed under sub. (3) or may deny, limit, suspend, or revoke a license granted under sub. (3) if it finds that the applicant or licensee has violated this section or any rule promulgated under this section.

SB389,9,18 (9) Penalty. A person who violates this section or any rule promulgated under this section may be fined not more than $200 or imprisoned for not more than 6 months or both.

SB389, s. 3 Section 3. 440.08 (2) (a) 68c. of the statutes is created to read:

SB389,9,21 440.08 (2) (a) 68c. Sign language interpreter: September 1 of each odd-numbered year.

SB389, s. 4 Section 4. 905.015 of the statutes is renumbered 905.015 (1).

SB389, s. 5 Section 5. 905.015 (2) of the statutes is created to read:

SB389,9,25 905.015 (2) In addition to the privilege under sub. (1), a person who is licensed as an interpreter under s. 440.032 (3) may not disclose any aspect of a confidential communication facilitated by the interpreter unless one of the following conditions applies:

SB389,10,3 (a) All parties to the confidential communication consent to the disclosure.

SB389,10,5 (b) A court determines that the disclosure is necessary for the proper administration of justice.

SB389, s. 6 Section 6. Nonstatutory provisions.

SB389,10,7 (1) Exemptions from certain licensure requirements.

SB389,10,13 (a) Notwithstanding section 440.032 (3) (a) 1. of the statutes, as created by this act, the department of regulation and licensing shall grant a license as a sign language interpreter to a person who, not later than the first day of the 24th month beginning after the effective date of this paragraph, pays the fee specified in section 440.05 (1) of the statutes and submits evidence satisfactory to the department that the person has any of the following:

SB389,10,16 1. Any valid certification that was granted by the Registry of Interpreters for the Deaf, Inc., or its successor, before the first day of the 24th month beginning after the effective date of this subdivision.

SB389,10,19 2. A valid certification level 3, 4, or 5 granted by the National Association of the Deaf or its successor before the first day of the 24th month beginning after the effective date of this subdivision.

SB389,10,23 3. Any valid certification that was granted by another organization before the first day of the 24th month beginning after the effective date of this subdivision, if the department determines that the other certification is substantially similar to a certification specified in subdivision 1 . or 2.

SB389,10,25 (b) A license granted under paragraph (a) is considered to be granted under section 440.032 (3) (a) 1. of the statutes, as created by this act.

SB389,11,1 (2) Sign language interpreter council.

SB389,11,7 (a) Staggered terms. Notwithstanding the length of terms specified for the members of the sign language interpreter council under section 15.407 (9) (a) 1., 2., and 3. of the statutes, as created by this act, 3 of the initial members shall be appointed for terms expiring on July 1, 2010, 3 of the initial members shall be appointed for terms expiring on July 1, 2011, and the remaining 2 initial members shall be appointed for terms expiring on July 1, 2012.

SB389,11,12 (b) Initial members. Notwithstanding section 15.407 (9) of the statutes, as created by this act, the initial members appointed to the sign language interpreter council under section 15.407 (9) (a) of the statutes, as created by this act, may be persons who are engaged in the practice of sign language interpretation and who are not licensed under section 440.032 (3) of the statutes, as created by this act.

SB389, s. 7 Section 7. Initial applicability.

SB389,11,15 (1) The treatment of section 905.015 (2) of the statutes first applies to communications made on the effective date of this subsection.

SB389, s. 8 Section 8. Effective date.

SB389,11,18 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB389,11,19 (End)