Section 3. SPS 200.02 (1g), (1r), (12) and (13) are created to read:
(12) “Interpreter training program” has the meaning in s. 440.032 (1) (bm), stats. (13) “Support service provider" has the meaning in s. 440.032 (1) (c), stats. Section 4. SPS 200.02 (4), (7), and (11) are repealed.
Section 5. SPS 201.01 (2), (3), and (4) are amended to read:
SPS 201.01 (2) Failing to notify the department in writing within 30 days of any certification, verification, or membership required for licensure being revoked, suspended, expired, or invalidated. This may include certification, verification, or membership by or in National Association of the Deaf, Registry of Interpreters for the Deaf, Inc., Wisconsin Interpreting and Transliterating Assessment, Board for Evaluation of Interpreters, or any other certification determined to be substantially similar to certification by the National Association of the Deaf or Registry of Interpreters for the Deaf, Inc. by the department.
(3) Failing to notify the department in writing within 30 days of being convicted of any crime 48 hours of being convicted of a felony or misdemeanor as required by s. 440.03(13) (am), Stats. Note: Required notice under this section should be given by completing and submitting Department of Safety and Professional Services form #2704DLSC which can be found at http://dsps.wi.gov. (4) Violating the terms of any disciplinary order or rule of the department.
Section 6. SPS 201.01 (5) (c) is created to read:
SPS 201.01 (5) (c) Disclosure is necessary to comply with state or federal mandatory reporting requirements.
Section 7. SPS 201.01 (16) and (21) are amended to read:
(16) Performing services in a medical, mental health treatment, or legal setting for a minor family member or individual under the interpreter’s legal guardianship, if there is an existing conflict of interest or if it would create a conflict of interest under sub. (15).
(21) Being convicted of any state or federal crime which substantially relates to the practice of sign language interpreting, subject to ss. 111.321, 111.322, and 111.335, Stats. Section 8. SPS 201.01 (17) is repealed.
Section 9. SPS 201.01 (26), (27), (28), and (29) are created to read:
(26) Failing to maintain a professional demeanor when working with consumers, colleagues, interns, or students.
(27) Failing to honor professional commitments or terminating assignments, unless fair and justifiable grounds exist.
(28) Failing to inform appropriate parties in a timely manner when delayed or unable to fulfill assignments.
(29) Failing to cooperate in a timely manner with the department’s investigation of a complaint filed against a credential holder, after a request by the department. There is a rebuttable presumption that a credential holder who takes longer than 30 days to respond to a request of the department has not acted in a timely manner.
Section 10. SPS 202 is repealed.
Section 11. SPS 203 and 204 are created to read:
SIGN LANGUAGE INTERPRETERS; SCOPE OF PRACTICE RESTRICTIONS
SPS 203.01 Definitions. In this chapter:
(1) “Acute mental health crisis” means any situation in which a individual’s behavior puts them at risk of hurting themselves or others or prevents them from being able to care for themselves or to function effectively in the community.
(2) “Medical setting” means any interpretation situation involving the diagnosis, treatment, or prevention of illness or injury, not including a mental health treatment setting.
(3) “Mental health treatment setting” means an interpretation situation involving any of the following settings or situations:
(a) Psychiatric, psychological, or neuropsychological evaluations.
(b) Mental health or substance use assessments or screenings.
(c) Court ordered mental health, behavioral health, or substance use disorder treatments.
(d) State and county facilities that house individuals with mental illness, mental health, or substance use disorder diagnoses.
(e) Legal settings involving mental health, behavioral health, or substance use disorder concerns.
(f) An acute mental health crisis.
(g) Evaluation, diagnosis, or treatment of minors or those under guardianship relating to mental health, behavioral health, and substance use disorder concerns.
(4) “Legal setting” means any interpretation situation involving consultation with an attorney, law enforcement related setting, or during any immigration related proceedings, for the purposes of obtaining legal advice, any interpretation situation involving a negotiation or meeting in which one of the parties is represented by an attorney, or any interpretation situation taking place within a law enforcement setting, immigration proceeding or courts of the state of Wisconsin or United States.
(5) “Team interpreting” means the practice of using two or more interpreters who work together to provide interpretation for an individual, either due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, so that the individual can adequately hear, understand, or communicate effectively in English.
(6) “Video Relay Services” means the practice of individuals who use sign language to use video equipment to communicate with other individuals who are using a voice telephone.
(7) “Video Remote Interpreting” means the practice of providing interpreting services through video technology, and the interpreter is offsite or remote while providing services to the client.
SPS 203.02 Provision of services in a medical setting.
Only individuals who meet one of the following criteria may provide sign language interpretation services in a medical setting:
(1) Holds a sign language interpreter - intermediate hearing license under s. 440.032(3)(c) and is team interpreting with an individual who is licensed either as a sign language interpreter - advanced hearing license under s. 440.032(3)(d) or licensed as a sign language interpreter – advanced deaf license under s. 440.032(3)(f). (2) Holds a sign language interpreter – advanced hearing license under s. 440.032(3)(d). (3) Holds a sign language interpreter – intermediate deaf license under s. 440.032(3)(e). (4) Holds a sign language interpreter – advanced deaf license under s. 440.032(3)(f). SPS 203.03 Provision of services in a mental health treatment setting. This section only applies to applications for licensure received on or after September 1, 2023.
(1) Individuals who hold an active qualified equivalency from the Alabama Department of Deaf Services may provide sign language interpretation services in a mental health treatment setting.
(2) Individuals who do not hold the qualified equivalency must meet the following alternative pathway criteria to provide sign language interpretation services in a mental health treatment setting:
(a) Holds either a sign language interpreter – advanced hearing license under s. 440.032(3)(d), or a sign language interpreter – advanced deaf license under s. 440.032(3)(f) and (b) Submits documentation, satisfactory to the department that they have completed a minimum of 40 clock hours of training within the previous two-year license cycle including the following topics:
1. ‘Mentoring and supervision skills.’
a. Interpreting methods and appropriate use of simultaneous, consecutive, and narrative interpreting.
b. Knowledge of the difference between interpreting and communication assistance or language intervention.
c. Identifying care providers, identifying mental health disciplines, and familiarity with milieus and settings.
d. The role of an interpreter as a professional consultant.
e. Professional boundaries.
f. Confidentiality and privilege, including abuse reporting, the duty to warn, and protections specific to Wisconsin statute.
2. ‘Mental health knowledge.’
a. Mental health issues and treatment options in Wisconsin.
b. Specialized vocabulary used in psychiatric settings in both the source and the target languages.
