| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY BRADFORD, EACHUS, FABRIZIO, GEORGE, GIBBONS, GRUCELA, KORTZ, MANN, PALLONE, READSHAW, SIPTROTH AND STURLA, MARCH 13, 2009 |
| |
| |
| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 13, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of July 2, 2004 (P.L.492, No.57), entitled "An |
2 | act providing for State registration of individuals providing |
3 | sign language interpreting and transliterating services to |
4 | individuals who are deaf or hard of hearing; and imposing |
5 | duties on the Office for the Deaf and Hard of Hearing in the |
6 | Department of Labor and Industry," further providing for |
7 | definitions, for responsibilities of Office for the Deaf and |
8 | Hard of Hearing and for State registration required; |
9 | providing for provisional registration; and further providing |
10 | for change of personal information, for registration |
11 | violations and for suspension, denial, nonrenewal or |
12 | revocation of State registration. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 2 of the act of July 2, 2004 (P.L.492, |
16 | No.57), known as the Sign Language Interpreter and |
17 | Transliterator State Registration Act, amended July 7, 2006 |
18 | (P.L.605, No.92), is amended to read: |
19 | Section 2. Definitions. |
20 | The following words and phrases when used in this act shall |
21 | have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
|
1 | "Applicant." An individual who applies for State |
2 | registration in accordance with section 5 or provisional |
3 | registration under section 5.1. |
4 | "Department." The Department of Labor and Industry of the |
5 | Commonwealth. |
6 | "Interpreting." The process of conveying English in |
7 | grammatically correct American Sign Language and the process of |
8 | conveying American Sign Language in English. |
9 | "Office." The Office for the Deaf and Hard of Hearing within |
10 | the Department of Labor and Industry. |
11 | "Qualified sign language interpreter." An individual |
12 | [registered] who is State-registered under this act and who |
13 | engages in sign language interpretation. |
14 | "Qualified transliterator." An individual [registered] who |
15 | is State-registered under this act who engages in |
16 | transliteration. |
17 | "Registrant." An individual [registered] who is State- |
18 | registered under this act as either a qualified sign language |
19 | interpreter or a qualified transliterator. |
20 | "Sign language interpreter." An individual who provides |
21 | individuals who are deaf and hard of hearing with interpreting |
22 | or transliterating services. |
23 | "Transliterating." The process of conveying a spoken message |
24 | from a person who hears to a person who is deaf or hard of |
25 | hearing and the ability to repeat the message and intent of the |
26 | speech, mouth movements or English-based signed system of the |
27 | person who is deaf or hard of hearing. |
28 | Section 2. Section 3 of the act is amended to read: |
29 | Section 3. Office responsibilities. |
30 | The office shall do all of the following: |
|
1 | (1) Administer this act. |
2 | (2) Register applicants in accordance with section 5 and |
3 | section 5.1. |
4 | (3) Maintain a list of all registrants and individuals |
5 | who have obtained a provisional registration and make the |
6 | list available upon request to the public and to Federal, |
7 | State and local agencies. |
8 | (4) Promulgate regulations necessary to carry out the |
9 | provisions of this act. |
10 | Section 3. Section 4(b) of the act, amended July 7, 2006 |
11 | (P.L.605, No.92), is amended to read: |
12 | Section 4. State registration required. |
13 | * * * |
14 | (b) Exceptions.--The following individuals are exempt from |
15 | the State registration requirements of subsection (a): |
16 | (1) An individual engaged in interpreting or |
17 | transliterating at a worship service conducted by a religious |
18 | entity and services for educational purposes for a religious |
19 | entity or religiously affiliated school. |
20 | (2) An individual engaged in sign language interpreting |
21 | or transliterating during an emergency, when a delay in |
22 | obtaining a State-registered interpreter or State-registered |
23 | transliterator might lead to injury or loss to the individual |
24 | requiring the services. |
25 | (3) An individual engaged in interpreting or |
26 | transliterating as part of a supervised internship or |
27 | practicum at an accredited college or university [or the |
28 | registry of interpreters for the deaf or the National |
29 | Association of the Deaf, provided it is not in a legal, |
30 | medical or mental health setting.] if it is not in any of the |
|
1 | following: |
2 | (i) A legal setting. |
3 | (ii) A medical or mental health setting, unless |
4 | accompanied by a qualified sign language interpreter or |
5 | qualified transliterator. |
6 | (4) An individual who is certified by the National |
7 | Association of the Deaf or the Registry of Interpreters for |
8 | the Deaf from outside the Commonwealth who provides |
9 | interpreting or transliterating services in the Commonwealth |
10 | for a period not exceeding 14 days each calendar year. |
11 | (5) An individual engaged in interpreting or |
12 | transliterating at the request of an individual who is deaf |
13 | or hard of hearing if the individual informs the client that |
14 | the individual is not registered under this act. |
15 | (6) An individual who engages in interpreting or |
16 | transliterating strictly as a volunteer. |
17 | (7) An individual employed in a public or private |
18 | elementary or secondary school or institution chartered by |
19 | the Commonwealth who engages in interpreting or |
20 | transliterating for the instruction of students or other |
21 | school-related activity. Individuals exempt pursuant to this |
22 | subsection shall comply with regulations promulgated by the |
23 | State Board of Education establishing criteria for persons |
24 | providing sign language interpreting and transliterating |
25 | services to students. |
26 | [(8) An individual engaged in interpreting or |
27 | transliterating in a physician's office, provided that a |
28 | patient is informed that the individual is not registered |
29 | under this act and that the patient has the right to request |
30 | or provide a State-registered interpreter.] |
|
1 | (9) An individual who obtains a provisional registration |
2 | under section 5.1. |
3 | * * * |
4 | Section 4. The act is amended by adding a section to read: |
5 | Section 5.1. Provisional registration. |
6 | (a) Application.-- |
7 | (1) An individual may apply to the office for a |
8 | provisional registration to be a sign language interpreter or |
9 | transliterator. |
10 | (2) The applicant must submit to the office all of the |
11 | following: |
12 | (i) A completed application. |
13 | (ii) Payment of any required fees. |
14 | (iii) Proof that within five years prior to the date |
15 | of application for provisional registration the applicant |
16 | has graduated from an interpreter education program with |
17 | an associate degree or higher from an accredited |
18 | institution of higher education. |
19 | (iv) Proof that the applicant has passed a written |
20 | examination approved by the office. |
21 | (3) The office shall review each completed application |
22 | and shall issue a sign language interpreter provisional |
23 | registration to the applicant if the office is satisfied that |
24 | all of the following criteria have been met: |
25 | (i) The applicant is 18 years of age or older. |
26 | (ii) The applicant has graduated from an interpreter |
27 | education program with an associate degree or higher. |
28 | (iii) The applicant has paid all applicable fees |
29 | established pursuant to this act. |
30 | (iv) The applicant possesses the general fitness, |
|
1 | competence and reliability sufficient to satisfy the |
2 | office that the applicant is worthy of a provisional |
3 | registration. |
4 | (v) Other criteria as the office may establish by |
5 | regulation. |
6 | (b) Registration.--A sign language interpreter provisional |
7 | registration issued by the office shall be: |
8 | (1) Issued only in the name of the applicant. |
9 | (2) Issued in paper or electronic form. |
10 | (3) Nontransferable. |
11 | (4) Issued for a period not to exceed one year. |
12 | (5) Issued for interpreter or transliterator services in |
13 | this Commonwealth except in any of the following: |
14 | (i) A legal setting. |
15 | (ii) A mental health setting unless accompanied by a |
16 | qualified sign language interpreter or qualified |
17 | transliterator. |
18 | (iii) A physician's office, unless the patient is |
19 | informed that the individual engaged in interpreting or |
20 | transliterating has obtained a provisional registration, |
21 | is not State-registered under this act and that the |
22 | patient has the right to be provided upon request a |
23 | qualified sign language interpreter or qualified |
24 | transliterator. |
25 | (iv) A critical care or emergency setting. |
26 | (c) Renewal.--An individual may annually renew a provisional |
27 | registration by submitting to the office the information |
28 | required under subsection (a) along with proof of completion of |
29 | at least 20 hours of professional development approved by the |
30 | office and any applicable fees. The office may approve only two |
|
1 | consecutive renewals. |
2 | (d) Fees.--The fee for provisional registration or renewal |
3 | of an existing provisional registration shall, unless modified |
4 | by regulation, be $50. |
5 | Section 5. Sections 6, 8 and 9 of the act are amended to |
6 | read: |
7 | Section 6. Change of personal information. |
8 | A registrant or individual who has obtained a provisional |
9 | registration shall notify the office of any change of name or |
10 | mailing address within ten days of the change. |
11 | Section 8. Registration violations. |
12 | (a) Violations.--The department shall have the authority to |
13 | impose disciplinary or corrective measures or levy civil |
14 | penalties on a registrant or an individual who has obtained a |
15 | provisional registration for doing any or all of the following: |
16 | (1) obtain a State registration, provisional |
17 | registration or renewal of a registration through fraud, |
18 | deceit or misrepresentation; |
19 | (2) be convicted of a felony or a crime, in this |
20 | Commonwealth or other jurisdiction, relating to the provision |
21 | of interpreting or transliterating services; |
22 | (3) be the subject of disciplinary or other |
23 | administrative action taken against this registration, |
24 | certification or license to provide interpreting or |
25 | transliterating services in another state by a government |
26 | agency; |
27 | (4) commit fraud, gross negligence or misconduct |
28 | relating to provision of interpreting or transliterating |
29 | services as determined by the office; |
30 | (5) engage in any other misconduct relating to the |
|
1 | provision of interpreting or transliterating services as |
2 | determined by the office; or |
3 | (6) violate the provisions of this act or the |
4 | regulations pertaining to this act as established by the |
5 | office. |
6 | (b) Procedure.--If the department finds a violation of |
7 | subsection (a), it shall give written notice to the [registrant] |
8 | individual specifying the violation or violations found. The |
9 | department may assess an administrative fine not to exceed $500 |
10 | for each violation. In setting the fine, the department shall |
11 | consider the severity of the violation and whether there is a |
12 | pattern of violations. |
13 | Section 9. Suspension, denial, nonrenewal or revocation of |
14 | State registration or provisional registration. |
15 | (a) Action.--Actions relating to violations of this act |
16 | under this section shall be subject to the right of notice, |
17 | hearing and adjudication in accordance with 2 Pa.C.S. (relating |
18 | to administrative law and procedure). When the department is |
19 | empowered to take action for registration violations pursuant to |
20 | this act, the department may: |
21 | (1) Indefinitely suspend, suspend for a term certain, |
22 | refuse to issue, refuse to renew or revoke a State |
23 | registration or provisional registration. |
24 | (2) Issue a public reprimand. |
25 | (3) Require the [registrant] individual to take a |
26 | refresher educational course or training. |
27 | (b) Surrender of State registration or provisional |
28 | registration.--If [a registrant's] an individual's State |
29 | registration or provisional registration has been suspended or |
30 | revoked, the [registrant] individual shall return the State |
|
1 | registration or provisional registration to the office in the |
2 | manner the office directs. An individual who fails to return a |
3 | State registration or provisional registration in accordance |
4 | with this subsection commits a summary offense. |
5 | (c) Reapplication.-- |
6 | (1) An individual whose State registration has been |
7 | suspended may reapply to the office to have it reactivated, |
8 | pursuant to regulations adopted by the office. At a minimum, |
9 | the individual must show compliance with all the terms and |
10 | conditions of the suspension order and shall pay a |
11 | reactivation fee to be established by the office by |
12 | regulation. |
13 | (2) An individual whose State registration or |
14 | provisional registration has been revoked may apply for a |
15 | State registration in accordance with section 5 not earlier |
16 | than five years after the date the previous State |
17 | registration or provisional registration was revoked. |
18 | (d) Surrender of provisional registration.--Upon expiration |
19 | of a provisional registration the individual shall surrender the |
20 | provisional registration to the office in a manner the office |
21 | directs and cease providing interpreter and transliterator |
22 | services in this Commonwealth. An individual who fails to return |
23 | a provisional registration in accordance with this subsection |
24 | commits a summary offense. |
25 | Section 6. This act shall take effect July 1, 2009, or |
26 | immediately, whichever is later. |
|