SB465: Bill Text

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.

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: