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. 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.
