SB465: Bill Text

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.

SB465,5,25 (b) The individual providing interpretation services is located in this state.

SB465,6,1 (3) No license is required under this section for any of the following:

SB465,6,9 (a) An individual providing interpretation services at any school or school-sponsored event if the individual is licensed by the department of public instruction as an educational interpreter. Subject to s. 471.07 (3), the board and the department of public instruction shall enter into a memorandum of understanding defining the scope of practice of a license issued by the department of public instruction under this paragraph. The department, on behalf of the board, and the department of public instruction shall post the memorandum of understanding on their Internet sites.

SB465,6,14 (b) An individual providing interpretation services at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This paragraph does not apply to an individual providing interpretation services for a religious organization at a professional function provided or sponsored by the religious organization.

SB465,6,17 (c) A support service provider providing interpretation services for the purpose of facilitating communication between an individual who provides interpretation services and a client of the individual.

SB465,6,20 (d) An individual who, in the course of the individual's employment, provides interpretation services during an emergency unless the interpretation services are provided during a period that exceeds 24 consecutive hours.

SB465,6,23 471.03 Temporary exemptions. The board may grant, on a case-by-case basis, a temporary exemption from the licensure requirement under s. 471.02 to an individual applying for a temporary exemption, subject to the following:

SB465,6,25 (1) The board may not grant the same individual temporary exemptions that total more than 21 days in the aggregate each year.

SB465,7,5 (2) An individual's application for a temporary exemption under this section shall be in writing, shall describe the reasons why the individual cannot obtain a license under s. 471.04 and describe any professional credential the individual does possess, and shall specify the dates the individual intends to provide interpretation services.

SB465,7,7 (3) The board shall approve or deny a temporary exemption under this section within 10 business days after receiving the application.

SB465,7,10 471.035 Permanent exemptions. The board may grant, on a case-by-case basis, a permanent exemption from the licensure requirements under s. 471.02 to an individual applying for a permanent exemption, subject to the following:

SB465,7,12 (1) An individual's application for a permanent exemption under this section shall describe the reasons why the individual cannot obtain a license under s. 471.04.

SB465,7,14 (2) If the applicant for permanent exemption will be providing interpretation services to a single client only, the individual's application shall identify that client.

SB465,7,16 471.04 Licensure. The board shall grant licenses for the provision of interpretation services under the following license categories:

SB465,7,20 (1) Sign language interpreter — intermediate hearing. The board shall grant a sign language interpreter — intermediate hearing license to an applicant who submits an application on a form provided by the board, pays the fee determined by the department under s. 440.05 (1) (a), and satisfies any of the following:

SB465,7,21 (a) The applicant satisfies all of the following conditions:

SB465,7,23 1. The applicant has received at least a bachelor's degree from an accredited college or university.

SB465,7,25 2. The applicant provides evidence satisfactory to the board that the applicant has successfully completed an interpreter training program.

SB465,8,3 3. The applicant has passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or the applicant has passed a substantially equivalent examination, as determined by the board.

SB465,8,4 (b) The applicant satisfies all of the following conditions:

SB465,8,6 1. The applicant earned an associate degree in sign language interpretation before the effective date of this subdivision .... [LRB inserts date].

SB465,8,9 2. The applicant has passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or the applicant has passed a substantially equivalent examination, as determined by the board.

SB465,8,10 (c) The applicant satisfies all of the following conditions:

SB465,8,15 1. Before the effective date of this subdivision .... [LRB inserts date], the applicant passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or before the effective date of this subdivision .... [LRB inserts date], the applicant passed a substantially equivalent examination, as determined by the board.

SB465,8,17 2. The board approves the applicant's licensure after review of all of the circumstances.

SB465,8,21 (2) Sign language interpreter — advanced hearing. The board shall grant a sign language interpreter — advanced hearing license to an applicant who submits an application on a form provided by the board, pays the fee determined by the department under s. 440.05 (1) (a), and satisfies any of the following:

SB465,8,22 (a) The applicant satisfies all of the following conditions:

SB465,8,24 1. The applicant has received at least a bachelor's degree from an accredited college or university.

SB465,9,2 2. The applicant provides evidence satisfactory to the board that the applicant has successfully completed an interpreter training program.

SB465,9,7 3. The applicant has passed the advanced or master performance examination of and is certified by the Board for Evaluation of Interpreters, the applicant has passed the examination for and holds the national interpreter certification issued by the Registry of Interpreters for the Deaf, or the applicant has passed a substantially equivalent examination, as determined by the board.

SB465,9,9 (b) The applicant was issued before the effective date of this paragraph .... [LRB inserts date], and maintains in good standing any of the following:

SB465,9,15 1. The national interpreter certification (NIC), advanced or master level national interpreter certification (NIC-Advance or NIC-Master), certificate of interpretation (CI), certificate of transliteration (CT), comprehensive skills certificate (CSC), master comprehensive skills certificate (MSCS), interpretation certificate (IC), or transliteration certificate (TC), issued by the Registry of Interpreters for the Deaf.

SB465,9,16 2. The National Association of the Deaf III, IV, or V certification.

SB465,9,18 3. The advanced or master certification of the Board for Evaluation of Interpreters.

SB465,9,22 (3) Sign language interpreter — intermediate deaf. The board shall grant a sign language interpreter — intermediate deaf license to an applicant who submits an application on a form provided by the board, pays the fee determined by the department under s. 440.03 (9) (a), and satisfies all of the following:

SB465,9,24 (a) The applicant holds a high school diploma or its equivalent, as determined by the board.

SB465,10,3 (b) The applicant submits evidence satisfactory to the board of the applicant's successful completion of at least 40 hours of a deaf interpreter training curriculum approved by the board.

SB465,10,7 (c) The applicant submits evidence satisfactory to the board of the applicant's successful completion of at least 16 hours of interpretation services-related training approved for continuing education credits by the Registry of Interpreters for the Deaf or the Board for Evaluation of Interpreters.

SB465,10,10 (d) The applicant submits evidence satisfactory to the board of the applicant's successful completion of American sign language linguistics I and II or substantially equivalent coursework, as determined by the board.

SB465,10,17 (e) The applicant provides to the board letters of recommendation satisfactory to the board from at least 2 individuals who hold a sign language interpreter — advanced deaf license, a certified deaf interpreter certification issued by the Registry of Interpreters for the Deaf, or an equivalent certification as determined by the board. Taken in the aggregate, the letters of recommendation shall verify that the applicant has successfully completed at least 25 hours of observing interpretation services provided to clients.

SB465,10,21 (4) Sign language interpreter — advanced deaf. The board shall grant a sign language interpreter — advanced deaf license to an applicant who submits an application on a form provided by the board, pays the fee determined by the department under s. 440.03 (9) (a), and satisfies all of the following:

SB465,10,23 (a) The applicant holds at least an associate degree or satisfies an alternative pathway for education, as determined by the board.

SB465,11,3 (b) The applicant holds a certified deaf interpreter certification issued by the Registry of Interpreters for the Deaf or an equivalent certification, as determined by the board.

SB465,11,7 471.045 Exam administration in Wisconsin. The department of health services shall administer in this state the performance examinations of the Board for Evaluation of Interpreters, unless the board approves another administrator of the examinations.

SB465,11,9 471.05 Scope of license. The board shall promulgate rules defining the scope of practice of each license granted under s. 471.04, subject to the following:

SB465,11,14 (1) Sign language interpreter — intermediate hearing. (a) A sign language interpreter — intermediate hearing licensee may not provide interpretation services to clients in any medical setting, as determined by the board, unless he or she is team interpreting with a sign language interpreter — advanced hearing or sign language interpreter — advanced deaf.

SB465,11,17 (b) A sign language interpreter — intermediate hearing licensee may not provide interpretation services to clients in any legal or mental health setting, as determined by the board.

SB465,11,23 (2) Interpretation in legal settings. No sign language interpreter — advanced hearing, sign language interpreter — intermediate deaf, or sign language interpreter — advanced deaf licensee may provide interpretation services to a client in any legal setting, as determined by the board, unless he or she is also certified, including a provisional certification, by the supreme court to act as a qualified interpreter in court proceedings under s. 885.38 (2).

SB465,12,3 471.053 License renewal; continuing education. (1) The renewal date for a license granted under s. 471.04 is specified in s. 440.08 (2) (a) 68c., and the renewal fee is determined by the department under s. 440.03 (9) (a).

SB465,12,8 (2) If the initial license of an applicant for license renewal required the applicant to hold a certification issued by the Board for Evaluation of Interpreters, Registry of Interpreters for the Deaf, or another organization, the applicant shall submit evidence satisfactory to the board that the applicant's certification that is required for the license has not been revoked or invalidated or otherwise expired.

SB465,12,13 (3) The board shall promulgate rules requiring each applicant for license renewal to submit to the board evidence satisfactory to the board of the applicant's completion of at least 30 hours of continuing education during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a) 68c., subject to the following:

SB465,12,17 (a) For each renewal period, up to 5 hours of continuing education may be satisfied by community volunteering in the deaf, hard of hearing, or deaf-blind community or with a professional sign language interpretation community organization.

SB465,12,19 (b) For each renewal period, up to 5 hours of continuing education may be satisfied by mentoring, as determined by the board.

SB465,12,23 (c) Continuing education hours earned through workshops, conferences, and college courses shall have been approved as continuing education by the Registry of Interpreters for the Deaf or the Board for Evaluation of Interpreters for purposes of certifications issued by those entities.

SB465,13,2 (d) An applicant for renewal who obtained his or her initial license under s. 471.04 within the 12 months immediately preceding the renewal date specified under s. 440.08 (2) (a) 68c. need not satisfy the continuing education requirements under this subsection.

SB465,13,5 (e) On a case-by-case basis, the board may grant an extension of time to satisfy, or a waiver of, some or all of the continuing education requirements under this subsection.

SB465,13,11 471.057 Reciprocal licensure. (1) Upon application and payment of the fee specified in s. 440.05 (2), the board may grant the appropriate category of license under s. 471.04 to an individual who holds a license or other credential granted by a governmental authority in a jurisdiction outside this state that qualifies the applicant to provide interpretation services to clients under that category of license granted by the board.

SB465,13,14 (2) The board may enter into a reciprocal agreement with the officials of a jurisdiction outside this state for licensing interpreters and may grant a license to an individual licensed in that jurisdiction according to the terms of that agreement.

SB465,13,15 (3) The board shall promulgate rules implementing this section.

SB465,13,20 471.06 Identification cards. The board shall promulgate rules requiring all interpreters licensed under s. 471.04 to have an identification card with them at all times while providing interpretation services to clients for compensation. The board shall issue the identification card. The identification card issued to a licensee for purposes of this section shall satisfy all of the following conditions:

SB465,13,21 (1) Include all of the following:

SB465,13,22 (a) The interpreter's full name.

SB465,13,25 (b) The interpreter's licensure category, whether sign language interpreter — intermediate hearing, sign language interpreter — advanced hearing, sign language interpreter — intermediate deaf, or sign language interpreter — advanced deaf.

SB465,14,1 (c) Any applicable licensure restriction.

SB465,14,4 (d) A statement whether the interpreter is certified by the supreme court to act as a qualified interpreter in court proceedings under s. 885.38 (2) and whether that certification is provisional.

SB465,14,5 (e) Any other information required by the board.

SB465,14,8 (2) Be color-coded based on the interpreter's licensure category identified under sub. (1) (b). An intermediate license shall be yellow. An advanced license shall be green.

SB465,14,12 471.065 Professional conduct. The board shall promulgate rules governing the professional conduct of individuals licensed under s. 471.04. The rules shall incorporate the rules of professional conduct adopted by the National Association of the Deaf, or its successor, and Registry of Interpreters for the Deaf.

SB465,14,15 471.07 Memorandum of understanding advisory committee. (1) In this section, “memorandum of understanding” means the memorandum of understanding established under s. 471.02 (3) (a).

SB465,14,17 (2) The secretary shall appoint a committee under s. 440.042, consisting of the following members:

SB465,14,18 (a) One member of the board, appointed by the board.

SB465,14,20 (b) One representative of the department of public instruction, appointed by the state superintendent of public instruction.

SB465,14,22 (c) One member of the deaf and hard-of-hearing education council, appointed by that council.

SB465,14,23 (d) One interpreter licensed under s. 471.04, appointed by the board.