440.032(3)(c)2.a.
a. The applicant earned an associate degree in sign language interpretation before July 19, 2019.
440.032(3)(c)2.b.
b. The applicant has passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or its successor, or the applicant has passed a substantially equivalent examination, as determined by the department after receiving advice from the committee.
440.032(3)(c)3.a.
a. Before July 19, 2019, the applicant passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or its successor, or before July 19, 2019, the applicant passed a substantially equivalent examination, as determined by the department after receiving advice from the committee.
440.032(3)(c)3.b.
b. The department approves the applicant's licensure after review of all of the circumstances and receiving advice from the committee.
440.032(3)(d)
(d)
Sign language interpreter—
advanced hearing licenses. The department shall grant a sign language interpreter—advanced hearing license to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s.
440.03 (9) (a), and satisfies any of the following:
440.032(3)(d)1.a.
a. The applicant has received at least an associate degree in sign language interpretation, or an equivalent degree as determined by the department after receiving advice from the committee.
440.032(3)(d)1.b.
b. The applicant provides evidence satisfactory to the department that the applicant has successfully completed an interpreter training program.
440.032(3)(d)1.c.
c. The applicant has passed the advanced or master performance examination of and is certified by the Board for Evaluation of Interpreters, or its successor; the applicant has passed the examination for and holds the national interpreter certification issued by the Registry of Interpreters for the Deaf, Inc., or its successor; or the applicant has passed a substantially equivalent examination, as determined by the department after receiving advice from the committee.
440.032(3)(d)2.
2. The applicant was issued before July 19, 2019, and maintains in good standing any of the following:
440.032(3)(d)2.a.
a. The national interpreter certification (NIC), advanced or master level national interpreter certification (NIC-Advanced or NIC-Master), certificate of interpretation (CI), certificate of transliteration (CT), comprehensive skills certificate (CSC), master comprehensive skills certificate (MCSC), interpretation certificate (IC), or transliteration certificate (TC), issued by the Registry of Interpreters for the Deaf, Inc., or its successor.
440.032(3)(d)2.b.
b. The National Association of the Deaf III, IV, or V certification.
440.032(3)(d)2.c.
c. The advanced or master certification of the Board for Evaluation of Interpreters or its successor.
440.032(3)(e)
(e)
Sign language interpreter—
intermediate deaf licenses. The department shall grant a sign language interpreter—intermediate deaf license to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s.
440.03 (9) (a), and satisfies all of the following:
440.032(3)(e)1.
1. The applicant holds a high school diploma or its equivalent, as determined by the department after receiving advice from the committee.
440.032(3)(e)2.
2. The applicant submits evidence satisfactory to the department of the applicant's successful completion of at least 40 hours of a deaf interpreter training curriculum approved by the department after receiving advice from the committee.
440.032(3)(e)3.
3. The applicant submits evidence satisfactory to the department of the applicant's successful completion of at least 16 hours of sign language interpretation services-related training approved by the Registry of Interpreters for the Deaf, Inc., or its successor or the Board for Evaluation of Interpreters or its successor, or substantially equivalent training, as determined by the department after receiving advice from the committee.
440.032(3)(e)4.
4. The applicant submits evidence satisfactory to the department of the applicant's successful completion of American sign language linguistics I and II or substantially equivalent coursework, as determined by the department after receiving advice from the committee.
440.032(3)(e)5.
5. The applicant provides to the department letters of recommendation satisfactory to the department 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, Inc., or its successor, or an equivalent certification, as determined by the department after receiving advice from the committee. Taken in the aggregate, the letters of recommendation shall verify that the applicant has successfully completed at least 25 hours of observing sign language interpretation services provided to clients.
440.032(3)(f)
(f)
Sign language interpreter—
advanced deaf licenses. The department shall grant a sign language interpreter—advanced deaf license to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s.
440.03 (9) (a), and satisfies all of the following:
440.032(3)(f)1.
1. The applicant holds at least an associate degree or satisfies an alternate pathway for education, as determined by the department after receiving advice from the committee.
440.032(3)(f)2.
2. The applicant holds a certified deaf interpreter certification issued by the Registry of Interpreters for the Deaf, Inc., or its successor or an equivalent certification, as determined by the department after receiving advice from the committee.
440.032(3m)
(3m)
Exam administration in Wisconsin. The department of health services shall administer in this state the performance examinations of the Board for Evaluation of Interpreters or its successor, unless the department [of safety and professional services] approves another administrator of the examinations.
440.032 Note
NOTE: The full agency name is shown in brackets. Corrective legislation is pending.
440.032(4)
(4)
Notification required. A person who is licensed under sub.
(3) shall notify the department in writing within 30 days if the person's certification or membership specified in sub.
(3) that is required for the license is revoked or invalidated. The department shall revoke a license granted under sub.
(3) if such a certification or membership is revoked or invalidated.
440.032(4m)
(4m)
Scope of licenses. The department, after receiving advice from the committee, may promulgate rules defining the scope of practice of each license granted under sub.
(3), subject to the following:
440.032(4m)(a)1.
1. Subject to subd.
2., a sign language interpreter—intermediate hearing licensee may not provide sign language interpretation services to clients in any medical setting, as determined by the department after receiving advice from the committee, unless he or she is team interpreting with a sign language interpreter—advanced hearing or sign language interpreter—advanced deaf licensee.
440.032(4m)(a)2.
2. A sign language interpreter—intermediate hearing licensee may not provide sign language interpretation services to a client in any legal setting or setting related to treatment, as defined in s.
51.01 (17), involving mental health, as determined by the department after receiving advice from the committee.
440.032(4m)(b)
(b)
Interpretation in legal settings. No sign language interpreter—advanced hearing, sign language interpreter—intermediate deaf, or sign language interpreter—advanced deaf licensee may provide sign language interpretation services to a client in any legal setting, as determined by the department after receiving advice from the committee, unless he or she is also authorized, including under a provisional status, by the supreme court to act as a qualified interpreter in court proceedings under s.
885.38 (2).
440.032(4m)(c)1.
1. No sign language interpreter—intermediate deaf licensee may provide sign language interpretation services to a client in any setting related to treatment, as defined in s.
51.01 (17), involving mental health, as determined by the department after receiving advice from the committee.
440.032(4m)(c)2.
2. Beginning on September 1, 2023, no sign language interpreter—advanced hearing or sign language interpreter—advanced deaf licensee may provide sign language interpretation services to a client in any setting related to treatment, as defined in s.
51.01 (17), involving mental health, as determined by the department after receiving advice from the committee, unless the licensee satisfies requirements established by the department by rule after receiving advice from the committee.
440.032(5)
(5)
License renewal. The renewal dates for licenses granted under sub.
(3) are specified in s.
440.08 (2) (a) 68c. Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s.
440.03 (9) (a) and evidence satisfactory to the department that the person's certification or membership specified in sub.
(3) that is required for the license has not been revoked or invalidated.
440.032(5m)
(5m)
Identification cards. The department, after receiving advice from the committee, may promulgate rules requiring all interpreters licensed under sub.
(3) to have an identification card with them at all times while providing sign language interpretation services to clients for compensation. The department shall issue the identification card in the format determined by the department. The identification card issued to a licensee for purposes of this subsection shall satisfy all of the following conditions:
440.032(5m)(a)2.
2. 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.
440.032(5m)(a)4.
4. A statement whether the interpreter is authorized by the supreme court to act as a qualified interpreter in court proceedings under s.
885.38 (2) and whether that authorization is provisional.
440.032(5m)(b)
(b) Be color-coded based on the interpreter's licensure category identified under par.
(a) 2. An intermediate license shall be yellow. An advanced license shall be green.
440.032(6m)
(6m)
Sign language interpreters advisory committee. 440.032(6m)(a)(a) The secretary shall appoint an advisory committee under s.
440.042 that shall be called the sign language interpreters advisory committee. The committee shall consist of the secretary or a designee and the following 8 members:
440.032(6m)(a)1.
1. Five deaf or hard of hearing individuals who are or have been clients of a sign language interpreter, at least one of whom is a graduate of a residential school for the deaf or hard of hearing and at least one of whom is a graduate of a private or public school that is not a residential school for the deaf or hard of hearing.
440.032(6m)(a)3.
3. One individual who is not deaf or hard of hearing and who has obtained, or represents an entity that has obtained, sign language interpreter services for the benefit of another who is deaf or hard of hearing.
440.032(6m)(c)
(c) The committee shall submit to the secretary, upon request of the secretary not more often than annually, a report on the operation of the committee.
440.032(7)(a)(a) The department may not promulgate rules that impose requirements for granting a license that are in addition to the requirements specified in sub.
(3).
440.032(7)(b)
(b) The department, after receiving advice from the committee, may promulgate rules governing the professional conduct of individuals licensed under sub.
(3). The rules shall incorporate the rules of professional conduct adopted by the National Association of the Deaf, or its successor, and the Registry of Interpreters for the Deaf, or its successor, or a substantially equivalent organization, as determined by the department after receiving advice from the committee.
440.032(7m)
(7m)
Submitting complaints. The department shall facilitate the submission of complaints concerning alleged violations of this section or rules promulgated under this section, including by accepting complaints submitted by mail.
440.032(8)
(8)
Disciplinary proceedings and actions. Subject to the rules promulgated under s.
440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this section or any rule promulgated under this section has occurred and may reprimand a person who is licensed under sub.
(3) or may deny, limit, suspend, or revoke a license granted under sub.
(3) if it finds that the applicant or licensee has violated this section or any rule promulgated under this section.
440.032(9)
(9)
Penalty. A person who violates this section or any rule promulgated under this section may be fined not more than $200 or imprisoned for not more than 6 months or both.
440.032 History
History: 2009 a. 360;
2019 a. 17; s. 35.17 correction in (3) (c) (intro.).
440.032 Cross-reference
Cross-reference: See also chs.
SPS 200 to
202, Wis. adm. code.
440.035
440.035
General duties and powers of examining boards and affiliated credentialing boards. 440.035(1m)(1m)
Each examining board or affiliated credentialing board attached to the department or an examining board shall:
440.035(1m)(a)
(a) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation.
440.035(1m)(b)
(b) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation or handling of information regarding qualifications of applicants for credentials, examination questions and answers, accreditation, related investigations and disciplinary matters affecting persons who are credentialed by the examining board or affiliated credentialing board, or in the establishing of regulatory policy or the exercise of administrative discretion with regard to the qualifications or discipline of applicants or persons who are credentialed by the examining board, affiliated credentialing board or accreditation.
440.035(1m)(c)
(c) Maintain, in conjunction with their operations, in central locations designated by the department, all records pertaining to the functions independently retained by them.
440.035(1m)(d)
(d) Compile and keep current a register of the names and addresses of all persons who are credentialed to be retained by the department and which shall be available for public inspection during the times specified in s.
230.35 (4) (a). The department may also make the register available to the public by electronic transmission.
440.035(2)
(2) Except as otherwise permitted in chs.
440 to
480, an examining board or affiliated credentialing board attached to the department or an examining board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.
440.035(2m)(b)
(b) The medical examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.
440.035(2m)(c)1.1. The medical examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by November 1, 2018, and annually thereafter, submit a report to the persons specified in subd.
2. that does all of the following:
440.035(2m)(c)1.a.
a. Details proactive efforts taken by the board to address the issue of opioid abuse. The board shall specify whether the board has required, or otherwise encouraged, continuing education related to prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.
440.035(2m)(c)1.b.
b. Sets goals for addressing the issue of opioid abuse, as that issue pertains to or implicates the practices of the professions regulated by the board.
440.035(2m)(c)1.c.
c. Describes the actions taken by the board so that the goals described in subd.
1. b. that were identified in the board's previous reports under this paragraph can be achieved, whether those goals have been achieved, and, if the goals have not been achieved, the reasons therefor.
440.035(2m)(c)2.a.
a. Any committee, task force, or other body or person designated by the governor.
440.04
440.04
Duties of the secretary. The secretary shall:
440.04(1)
(1) Centralize, at the capital and in such district offices as the operations of the department and the attached examining boards and affiliated credentialing boards require, the routine housekeeping functions required by the department, the examining boards and the affiliated credentialing boards.
440.04(2)
(2) Provide the bookkeeping, payroll, accounting and personnel advisory services required by the department and the legal services, except for representation in court proceedings and the preparation of formal legal opinions, required by the attached examining boards and affiliated credentialing boards.
