SB465: Bill Text

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.

SB465,15,3 (e) One individual who is licensed by the department of public instruction as an educational interpreter, appointed by the state superintendent of public instruction.

SB465,15,6 (f) One member of the deaf, hard of hearing, and deaf-blind community who attended public schools and received the services of an educational interpreter licensed by the department of public instruction, appointed by the board.

SB465,15,8 (g) One member of the deaf, hard of hearing, and deaf-blind community who is a parent of a child attending public school, appointed by the board.

SB465,15,9 (3) The committee appointed under sub. (1) shall do all of the following:

SB465,15,11 (a) On behalf of the board negotiate, develop, and execute the memorandum of understanding established under s. 471.02 (3) (a).

SB465,15,15 (b) Meet at least once every 2 years to review the memorandum of understanding established under s. 471.02 (3) (a) and make recommendations to the board and the department of public instruction concerning changes to the memorandum of understanding.

SB465,15,19 471.08 Disciplinary actions and proceedings. (1) Subject to the rules promulgated under s. 440.03 (1), the board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

SB465,15,23 (2) Subject to the rules promulgated under s. 440.03 (1), the board may reprimand an interpreter licensed under s. 471.04 or deny, limit, suspend, or revoke a license granted under s. 471.04 if the board finds that an applicant for a license or a licensee has done any of the following:

SB465,15,25 (a) Intentionally made a material misstatement in an application for a license or license renewal.

SB465,16,3 (b) Subject to ss. 111.321, 111.322, and 111.335, been arrested or convicted of an offense the circumstances of which substantially relate to the provision of interpretation services to clients.

SB465,16,6 (c) Subject to ss. 111.321, 111.322, and 111.34, provided interpretation services to a client while the interpreter's ability to do so was impaired by alcohol or other drugs.

SB465,16,9 (d) Been adjudicated mentally incompetent by a court of competent jurisdiction. A certified copy of the record of an adjudication of incompetency is conclusive evidence of incompetence under this paragraph.

SB465,16,10 (e) Advertised in a manner that is false or misleading.

SB465,16,11 (f) Obtained or attempted to obtain compensation through fraud or deceit.

SB465,16,12 (g) Failed to cooperate with the board in an investigation under this section.

SB465,16,14 (h) Aided another person in violating this chapter or any rule promulgated under this chapter.

SB465,16,17 (i) Violated this chapter or any rule promulgated under this chapter or violated any other law of this state, any law of another state, or any federal law that substantially relates to the provision of interpretation services to clients.

SB465,16,20 (3) In addition to or in lieu of a reprimand or other action under sub. (2), the board may establish by rule other penalties, including a forfeiture not to exceed $1,000 for each violation, for a violation under sub. (2).

SB465,16,23 471.09 Penalty. A person who violates this chapter or any rule promulgated under this chapter may be fined not more than $10,000 or imprisoned for not more than 6 months or both.

SB465,17,3 471.095 Injunction. (1) 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 s. 471.02.

SB465,17,7 (2) If, after holding a public hearing, the board determines that a person has engaged in a practice or used a title without a license required under s. 471.02, the board may issue a special order enjoining the person from the continuation of the practice or use of the title.

SB465,17,11 (3) In lieu of holding a public hearing, if the board has reason to believe that a person has engaged in a practice or used a title without a license required under s. 471.02, the board may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

SB465,17,16 (4) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The board, department, attorney general, or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

SB465,17,19 (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

SB465,6 Section 6. 905.015 (2) (intro.) of the statutes is amended to read:

SB465,17,24 905.015 (2) (intro.) In addition to the privilege under sub. (1), a person who is licensed as an interpreter under s. 440.032 (3) 471.04 may not disclose any aspect of a confidential communication facilitated by the interpreter unless one of the following conditions applies:

SB465,7 Section 7 . Nonstatutory provisions.

SB465,18,2 (1) Definition. In subsections (2) to (7), “board" means the sign language interpreters examining board.

SB465,18,7 (2) Credentials of initial members. Notwithstanding section 15.405 (18) (b) 2. or 3. of the statutes, the initial members appointed to the board under section 15.405 (18) (b) 2. or 3. of the statutes need not be licensed under section 471.04 of the statutes, but shall be sign language interpreters licensed under section 440.032, 2015 stats.

SB465,18,13 (3) Staggering of terms. Notwithstanding the length of terms specified for the members of the board under section 15.405 (18) (b) (intro.) of the statutes, 2 of the initial members shall be appointed for terms expiring on July 1, 2020; 2 of the initial members shall be appointed for terms expiring on July 1, 2021; 2 of the initial members shall be appointed for terms expiring on July 1, 2022; and one of the initial members shall be appointed for a term expiring on July 1, 2023.

SB465,18,14 (4) Provisional appointments.

SB465,18,23 (a) Notwithstanding the requirement of advice and consent of the senate under section 15.08 (1) of the statutes, the initial members of the board nominated by the governor may be provisionally appointed by the governor, subject to later senate confirmation. Any provisional appointment shall be in full force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term of the member and until a successor is appointed and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

SB465,19,3 (b) A provisional appointment made under paragraph (a) that is withdrawn by the governor shall, upon withdrawal, lapse and create a vacancy for provisional appointment of another initial member of the board. Any provisional appointment made under paragraph (a) that is rejected by the senate shall, upon rejection, lapse and create a vacancy for provisional appointment of another initial board member.

SB465,19,4 (5) Transitional licensure.

SB465,19,12 (a) Sign language interpreter — intermediate hearing. On the effective date of this paragraph, a sign language interpreter who, immediately prior to the effective date of this paragraph, held a valid 151 Restricted License issued by the department of safety and professional services, is considered to be a licensed sign language interpreter — intermediate hearing under section 471.04 (1) of the statutes, and the department of safety and professional services shall issue a license to the individual under section 471.04 (1) of the statutes notwithstanding the fee and other application requirements under that section of the statutes.