Related statute or rule: None
Plain language analysis:
In light of 2019 Wisconsin Act 17, the department must revise its rules to ensure they match new statutory requirements as well as industry practice generally. This includes revising the rules to ensure references to state agencies are correct and that the rule text conforms to current drafting standards. Additionally, the professional code of conduct for sign language interpreters is being revised to add several provisions that are included in the national industry standards, and a provision that is part of other profession’s unprofessional conduct rules, but not currently included in ch. SPS 201, the professional conduct chapter. This includes provisions stating that the following acts are unprofessional conduct subject to discipline: — Failing to maintain a professional demeanor when working with consumers, colleagues, interns, or students.
— Failing to honor professional commitments or terminating assignments, unless fair and justifiable grounds exist.
— Failing to inform appropriate parties in a timely manner when delayed or unable to fulfill assignments.
— Failing to cooperate in a timely manner with the department’s investigation of a complaint filed against a credential holder.
Further, the rule project includes new provisions specifying that licensees must carry an identification card and the content of that card. Also, requirements for scope of practice have been added. Finally, the administrative rules relating to a state residency exemption from licensure are repealed.
Summary of, and comparison with, existing or proposed federal regulation: 74 CFR 64 subchapter F outlines the rules for Telecommunications Relay Services, also known as Video Relay Services, which is a method of communication for individuals who utilize American Sign Language. Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A
Comparison with rules in adjacent states:
Illinois: Illinois offers interpreter licenses at four proficiency levels including provisional, intermediate, advanced, and master. Each successive level may perform services that each level beneath it may perform in addition to the services unique to its level. A provisional level licensee can provide vocational rehabilitation services, community education and recreation programs, and live entertainment. Intermediate level interpreters can provide interpretation in a larger variety of education settings, some medical settings, and may interpret via video relay. Advanced level practitioners can provide services in a greater variety of medical settings, including mental health, as well as financial services and civil or misdemeanor legal matters. Finally, a master level credential holder can provide services in felony legal matters (68 IL Admin. Code § 1515.90).
Illinois sign language interpreter’s professional code of conduct expressly adopts the RID/NAD standards and also includes provisions making it unprofessional conduct to extend an assignment solely for the purpose of financial gain, interjecting personal opinion, delegating assignments to unqualified or unlicensed persons, accepting or performing assignments that the licensee knows or has reason to know they are not competent to perform, and exploiting a consumer (68 IL Admin. Code § 1515.130).
Illinois law does not appear to require sign language interpreters to carry an identification card.
Iowa: Interpreters and transliterators must be licensed to practice in Iowa, with the exception of out of state licensees performing services no more than 14 days in a year in Iowa, individuals providing interpreting services for religious services, emergency situations, individuals providing interpretation services on a substitute basis in an educational setting so long as it is for no more than 30 school days per year, and students in an interpreting school (IA Stats. § 154E.4).
Iowa statutes require licensees to maintain a professional demeanor while providing services, refrain from interjecting personal opinion, treat people fairly and respectfully, use discretion in accepting assignments, and shall be a life-long learner (IA Stats. § 154E.3 (3)).
Iowa does not appear to require licensees to carry an identification card.
Michigan: In Michigan, individuals are classified as either a level 1, 2, 3 or educational licensee depending on the type of certification they possess. Level 1 licensees must have either a Michigan BEI-I certification or a RID TC, IC or NAD 3 or DI and may perform interpreting services in “low-risk” environments, excluding health, mental health, finance, law, employment, and government. A level 2 licensee can practice in “medium to high” risk environments. This includes finance, tax, employment matters, and healthcare settings. Level 2 licensees must have at least a Michigan BEI-II certification or a RID CI, CT, NIC or OTC, or a NAD 4. A level 3 licensee may perform interpreting services in a legal environment. Level 3 licensees must have a Michigan BEI-III certification plus 4 years of experience, or one of a variety of RID certifications, usually also with at least 4 years of experience (MI Admin Code § R393.5024).
Michigan adopts the NAD-RID code of professional conduct (MI Admin. Rules § R393.5052). Michigan sign-language interpreters must complete at least 8 CEUs of continuing education in each four-year credentialing cycle. A CEU is 10 clock-hours of instruction (MI Admin Rules § R393.5081).
Michigan does not appear to require practitioners to carry an identification card.
Minnesota: Minnesota generally does not require licensure for sign-language interpreters or transliterators. There are also no code of conduct or other regulations regarding scope of practice. Licensure is required to provide services for a public school district must have a certification from NAD or RID and complete a sign language training program from an accredited educational institution (Minn. Stats. § 122A.31).
Summary of factual data and analytical methodologies:
The Department, in consultation with the Sign Language Interpreters Advisory Committee, revised its rules relating to sign language interpreter licensure based on changes to the profession and the credentialing of sign language interpreters enacted by 2019 Wisconsin Act 17. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
The rule draft was posted for 14 days on the department’s website to solicit economic impact comments from small businesses. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-6795. Agency contact person:
Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-267-7139; email at DSPSAdminRules@wisconsin.gov. TEXT OF RULE
Section 1. SPS 200.01 is amended to read:
SPS 200.01 Authority. The rules in chs. SPS 200 to 202, 201, 203 and 204 are adopted by the department and in consultation with the sign language interpreters council advisory committee pursuant to s. ss. 440.032 (6) (d) (4m), (5m), and (7) (b), Stats. Section 2. SPS 200.02 (intro.) is amended to read:
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.
