SB389: Bill Text

LRB-2149/4

CTS&RPN:jld:rs

2009 - 2010 LEGISLATURE

2009 Senate BILL 389

November 9, 2009 - Introduced by Senators Kedzie, Lazich and Olsen, cosponsored by Representatives Lothian and Townsend. Referred to Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

SB389,1,5 An Act to renumber 905.015; and to create 15.407 (9), 440.032, 440.08 (2) (a) 68c. and 905.015 (2) of the statutes; relating to: licensing sign language interpreters, creating an evidentiary privilege for communications with those interpreters, creating a Sign Language Interpreter Council, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under this bill, no person may provide, for compensation, sign language interpretation services for a deaf or hard of hearing client unless the person holds a license granted by the Department of Regulation and Licensing (DRL). The bill exempts all of the following from the licensure requirement: 1) a person interpreting in a court proceeding, if the person is certified by the Wisconsin Supreme Court; 2) a person interpreting at a school or school-sponsored event, if the person is certified by the Department of Public Instruction; 3) a person interpreting at a religious service or religious function; 4) a support service provider facilitating communication between an interpreter and an individual who is deaf or hard of hearing; and 5) a person interpreting in the course of employment during an emergency, for up to 24 hours.

The bill creates two types of licenses, renewable and restricted. An applicant for a renewable license must have received an associate degree in sign language interpretation or completed an education and training program in such interpretation and must have a certification from a private body specified in the bill, except that the bill does not require the degree or completion of the training program if the applicant is deaf or hard of hearing. An applicant for a restricted license, which may be renewed only twice, must have received an associate degree or completed an education and training program, must have received a specified score on an examination administered by the Department of Health Services, must have passed a written examination administered by a specified private body, and must be a student or associate member of the Registry of Interpreters for the Deaf, Inc. An applicant for a restricted license who is deaf or hard of hearing must have completed a lesser level of training, including at least 40 hours of mentoring under a nationally certified interpreter, must be a student or associate member of the Registry of Interpreters for the Deaf, Inc., and must have a high school diploma or an equivalent, but such an applicant, once licensed, may provide interpretation services only under the supervision of an interpreter who holds a renewable license.

The bill also creates a nine-member Sign Language Interpreter Council (council), which generally advises DRL regarding the practice of sign language interpreters. The council may grant a temporary exemption from the licensure requirement, and must make recommendations to DRL regarding a code of ethics for interpreters. The bill requires DRL to promulgate rules establishing a code of ethics for interpreters and authorizes DRL to conduct disciplinary proceedings against interpreters.

Under the bill, a licensed interpreter may not disclose any aspect of confidential communication facilitated by the interpreter, unless all parties to the communication consent and a court determines that disclosure is necessary for the proper administration of justice.

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:

SB389, s. 1 Section 1. 15.407 (9) of the statutes is created to read:

SB389,2,6 15.407 (9) Sign language interpreter council. (a) There is created a sign language interpreter council in the department of regulation and licensing consisting of the secretary of regulation and licensing or a designee of the secretary and the following 8 members nominated by the governor, and with the advice and consent of the senate appointed, for 3-year terms:

SB389,3,2 1. Five deaf or hard of hearing individuals who are or have been clients of a sign language interpreter, at least one of whom is a graduate of a residential school for the deaf or hard of hearing and at least one of whom is a graduate of a private or public school that is not a residential school for the deaf or hard of hearing.

SB389,3,4 2. Two interpreters licensed under s. 440.032, at least one of whom holds a renewable license under s. 440.032 (3) (a).

SB389,3,7 3. One individual who is not deaf or hard of hearing and who has obtained, or represents an entity that has obtained, sign language interpreter services for the benefit of another who is deaf or hard of hearing.

SB389,3,9 (b) If possible, the governor shall nominate individuals under par. (a) 1. to 3. from diverse locations within the state.

SB389, s. 2 Section 2. 440.032 of the statutes is created to read:

SB389,3,11 440.032 Sign language interpreting. (1) Definitions. In this section:

SB389,3,13 (a) "Client" means a deaf or hard of hearing person for whom a person provides interpretation services.

SB389,3,14 (b) "Council" means the sign language interpreter council.

SB389,3,16 (c) "Support service provider" means an individual who is trained to act as a link between a person who is deaf and blind and the person's environment.

SB389,3,23 (d) "Wisconsin interpreting and transliterating assessment" means a program administered by the department of health services to determine and verify the level of competence of communication access services providers who are not certified by the Registry of Interpreters for the Deaf, Inc., or its successor, the National Association of the Deaf or its successor, or other similar nationally recognized certification organization, or a successor program administered by the department of health services.

SB389,4,3 (2) License required. (a) Except as provided in pars. (b) and (c), no person may, for compensation, provide sign language interpretation services for a client unless the person is licensed by the department under sub. (3).

SB389,4,4 (b) No license is required under this subsection for any of the following:

SB389,4,7 1. A person interpreting in a court proceeding if the person is certified by the supreme court to act as a qualified interpreter in court proceedings under s. 885.38 (2).

SB389,4,9 2. A person interpreting at any school or school-sponsored event if the person is licensed by the department of public instruction as an educational interpreter.

SB389,4,13 3. A person interpreting at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This subdivision does not apply to a person interpreting for a religious organization at a professional service provided or sponsored by the religious organization.

SB389,4,16 4. A support service provider interpreting for the purpose of facilitating communication between an individual who provides interpretation services and a client of the individual.

SB389,4,19 5. A person who, in the course of the person's employment, provides interpretation services during an emergency unless the interpretation services are provided during a period that exceeds 24 hours.

SB389,4,25 (c) 1. The council may grant a temporary exemption to an individual who is not a resident of this state that authorizes the individual to provide interpretation services for a period not to exceed 20 days, if the individual is certified by the Registry of Interpreters for the Deaf, Inc., or its successor, or the National Association of the Deaf or its successor. The council may not grant an individual more than 2 temporary exemptions under this subdivision per year.

SB389,5,3 2. The council may grant a temporary or permanent exemption to an individual who is a resident of this state that authorizes the individual to provide interpretation services for a period specified by the council or for persons specified by the council.

SB389,5,10 (3) Licensure requirements. (a) Renewable licenses. 1. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department that the applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation, and the applicant has one of the following:

SB389,5,12 a. Any valid certification granted by the Registry of Interpreters for the Deaf, Inc., or its successor.

SB389,5,14 b. A valid certification level 3, 4, or 5 granted by the National Association of the Deaf or its successor.

SB389,5,17 c. Any valid certification granted by any other organization that the department determines is substantially equivalent to a certification specified in subd. 1. a. or b.

SB389,5,23 2. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department and pays the fee determined by the department under s. 440.03 (9) (a), if the applicant has a certification specified in subd. 1. a. and if the applicant provides to the department satisfactory evidence of a diagnosis by a physician that the applicant is deaf or hard of hearing.

SB389,6,7 3. The department shall grant a license as a sign language interpreter to an applicant who has not received an associate degree in sign language interpretation or a certificate of completion of an education and training program regarding such interpretation, but who otherwise satisfies the requirements in subd. 1. (intro.), if, within 24 months after establishing residency in the state, the applicant provides evidence satisfactory to the department that the applicant holds one of the certifications specified in subd. 1. a., b., or c., that the applicant obtained the certification prior to establishing residency in the state, and that the applicant held the certification at the time the applicant established residency in the state.

SB389,6,11 (b) Restricted licenses. 1. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department of all of the following:

SB389,6,14 a. The applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation.

SB389,6,16 b. The applicant is verified by the Wisconsin interpreting and transliterating assessment at level 2 or higher in both interpreting and transliterating.

SB389,6,18 c. The applicant has passed the written examination administered by the Registry of Interpreters for the Deaf, Inc., or its successor.

SB389,6,20 d. The applicant is an associate or student member of the Registry of Interpreters for the Deaf, Inc., or its successor.

SB389,7,2 2. The department shall grant a restricted license as a sign language interpreter, authorizing the holder to provide interpretation services only under the supervision of an interpreter licensed under par. (a), to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department of all of the following:

SB389,7,3 a. The applicant has been diagnosed by a physician as deaf or hard of hearing.

SB389,7,6 b. The applicant has completed 8 hours of training sponsored by the Registry of Interpreters for the Deaf, Inc., or its successor, on the role and function of deaf interpreters.

SB389,7,8 c. The applicant has completed 8 hours of training sponsored by the Registry of Interpreters for the Deaf, Inc., or its successor, on professional ethics.