PRINTER'S NO. 543
No. 534 Session of 1999
INTRODUCED BY GREENLEAF, KUKOVICH, O'PAKE, SCHWARTZ AND LEMMOND,
MARCH 9, 1999
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 9, 1999
AN ACT
1 Regulating the practice and licensure of interpreters for
2 persons who are deaf or hard of hearing; creating the State
3 Board of Sign Language and Oral Interpreters Licensure and
4 providing for its powers and duties; imposing penalties; and
5 making an appropriation.
6 TABLE OF CONTENTS
7 Chapter 1. General Provisions
8 Section 101. Short title.
9 Section 102. Declaration of purpose.
10 Section 103. Definitions
11 Chapter 3. State Board of Sign Language and Oral Interpreters
12 Licensure
13 Section 301. State Board of Sign Language and Oral Interpreters
14 Licensure.
15 Section 302. Powers and duties of board.
16 Chapter 5. Licensure Provisions
17 Section 501. Requirements for licensure.
18 Section 502. Examination for licensure.
19 Section 503. Provisional permit.
1 Section 504. License required.
2 Section 505. Reciprocity.
3 Section 506. Use of title.
4 Section 507. Refusal, restrictions, suspensions, revocations
5 and grievances.
6 Chapter 7. Enforcement
7 Section 701. Requirement to carry license and other
8 identification.
9 Section 702. Penalties.
10 Section 703. Records.
11 Section 704. Fees and other revenue.
12 Section 705. Subpoenas.
13 Section 706. Unlawful practice.
14 Chapter 9. Miscellaneous Provisions
15 Section 901. Appropriation.
16 Section 902. Effective date.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 CHAPTER 1
20 GENERAL PROVISIONS
21 Section 101. Short title.
22 This act shall be known and may be cited as the Sign Language
23 and Oral Interpreters Licensure Law.
24 Section 102. Declaration of purpose.
25 It is the purpose of this act to provide for the
26 establishment of standards for the practice of sign language and
27 oral interpreting in this Commonwealth through the licensure and
28 regulation and control of persons engaged in offering sign
29 language and/or oral interpreting services to the general public
30 in order to:
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1 (1) Safeguard the public health, safety and welfare.
2 (2) Assure the highest degree of professional conduct on
3 the part of sign language and oral interpreters.
4 (3) Assure the availability of sign language and oral
5 interpreting services.
6 (4) Assure equal communication accessibility for all.
7 (5) Protect the public from being harmed by unqualified
8 persons.
9 Section 103. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "American Sign Language." The visual gestural language used
14 by persons who are deaf in the United States. It is a natural
15 language having its own vocabulary, grammar and syntax distinct
16 from English.
17 "Board." The State Board of Sign Language and Oral
18 Interpreters Licensure created by this act.
19 "Certified interpreter." A person who has met the
20 requirements for certification as an interpreter or
21 transliterator for persons who are deaf or hard of hearing, as
22 established by the National Registry of Interpreters for the
23 Deaf or other entities as may be accepted by the board.
24 "Commissioner." The Commissioner of the Bureau of
25 Professional and Occupational Affairs in the Department of
26 State.
27 "Interpreter trainer." A person who, in a State-approved or
28 an accredited institution of higher education, trains persons in
29 the process of interpretation and transliteration.
30 "Interpreting." The process of providing accessible
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1 communication between and among persons who do not share a
2 common means of communication. For the purpose of this act, the
3 term includes those processes known as sign language and oral
4 interpretation and transliteration and includes communication
5 modalities involving, but not limited to, visual, gestural or
6 tactile channels. The term is further defined as follows:
7 (1) "Sign language interpreting." The process of
8 conveying a message between two languages, American Sign
9 Language and English.
10 (2) "Sign language transliterating." A specific type of
11 sign language interpreting which conveys written or spoken
12 English in an English-based form of manual communication and
13 vice versa.
14 (3) "Oral interpreting." The process of conveying an
15 audible message into an equivalent visible message for a
16 person who is deaf and/or hard of hearing who does not use
17 sign language and vice versa.
18 "Licensed interpreter." A person who possesses a document,
19 issued by the State Board of Sign Language and Oral Interpreters
20 Licensure, attesting that he or she has satisfactorily met the
21 established professional standards for interpreting for persons
22 who are deaf, hard of hearing and hearing and may practice such
23 activity.
24 "Pennsylvania Registry Interpreters for the Deaf (PARID)."
25 The Pennsylvania (State) affiliate chapter of the Registry of
26 Interpreters for the Deaf (RID) Inc., the only professional
27 organization of interpreters for persons who are deaf and hard
28 of hearing in this Commonwealth. PARID promotes professionalism
29 through interaction among colleagues, consumer education,
30 training opportunities and certification by the RID.
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1 "Pennsylvania Society for the Advancement of the Deaf (PSAD)
2 Inc." A nonprofit Statewide consumer organization of persons
3 who are deaf and other interested individuals.
4 "Person who is deaf." A person whose hearing loss prevents
5 the person from comprehending spoken communication through
6 hearing, with or without an assistive listening device (ALD).
7 "Person who is hard of hearing." A person with a partial
8 hearing loss that limits the ability of the person to comprehend
9 spoken communication through hearing, with or without an
10 assistive listening device (ALD). The term differs from the term
11 "hearing impaired," which is ambiguous in that in some contexts
12 it refers to a partial loss of hearing and in other contexts it
13 refers to the full range of hearing loss from total to slight.
14 "Provisionally permitted interpreter." A person who
15 possesses a document issued by the State Board of Sign Language
16 and Oral Interpreters Licensure, attesting that the person has
17 satisfactorily met at least the entry-level standard of the
18 profession as established by the board for a time period as
19 determined by the board.
20 CHAPTER 3
21 STATE BOARD OF SIGN LANGUAGE AND ORAL INTERPRETERS
22 LICENSURE
23 Section 301. State Board of Sign Language and Oral Interpreters
24 Licensure.
25 (a) Creation.--There is hereby created a departmental
26 administrative board to be known as the State Board of Sign
27 Language and Oral Interpreters Licensure, which shall be in the
28 Bureau of Professional and Occupational Affairs of the
29 Department of State. It shall consist of 11 voting members, all
30 of whom shall be residents of this Commonwealth. The majority
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1 six of the board shall consist of members who are deaf, hard of
2 hearing or deaf-blind. They shall be the four public members, as
3 well as two who are either interpreter trainers or interpreters.
4 The public members shall be four persons, two of whom shall be
5 deaf, one of whom shall be hard of hearing and one of whom shall
6 be deaf-blind who use interpreting services, are active in
7 organizations of deaf, hard of hearing and deaf-blind and with
8 knowledge of the interpreter field. If a person who is deaf-
9 blind is not available to serve, a person who is deaf or hard of
10 hearing may be appointed who is active in a deaf or hard of
11 hearing organization. There shall be two government members, one
12 of whom shall be the Commissioner of the Bureau of Professional
13 and Occupational Affairs of the Department of State and the
14 other shall be the Director of the Bureau of Consumer Protection
15 in the Office of Attorney General. The remaining five members of
16 the board shall be one interpreter trainer and four certified
17 interpreters licensed or potentially eligible to be licensed to
18 practice in this Commonwealth. The interpreter trainers to be
19 appointed to the board shall be persons who are employed as such
20 in State-approved or accredited institutions of higher
21 education. All the above nongovernment prospective members of
22 the board will be those selected from recommendations to the
23 Governor's Office by PSAD and PARID in cooperation with the
24 Office for the Deaf and Hearing Impaired.
25 (b) Appointment by Governor.--The Governor shall appoint the
26 members to serve on the board. A list of qualified nongovernment
27 persons for the Governor's consideration shall be submitted to
28 the Department of State based on recommendations of these
29 related Statewide private organizations, PSAD and PARID.
30 (c) Term of office.--The nine nongovernment members shall
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1 serve for four-year terms, except as provided in subsection (d)
2 and shall be appointed by the Governor by and with the advice
3 and consent of a majority of the members elected to the Senate.
4 (d) Initial appointments.--Within 90 days of the effective
5 date of this act, the Governor shall nominate:
6 (1) Two interpreter members to serve four-year terms.
7 (2) Two public members and the interpreter trainer
8 member to serve three-year terms.
9 (3) One public member and one interpreter member to
10 serve two-year terms.
11 (4) One public member and one interpreter member to
12 serve one-year terms.
13 (e) Continuation in office.--Each nongovernment board member
14 shall continue in office until a successor is duly appointed and
15 qualified but no longer than six months after the expiration of
16 the term. In the event that a nongovernment board member shall
17 die, resign or otherwise become disqualified during the term of
18 office, a successor shall be appointed in the same way and with
19 the same qualifications as set forth in this section and shall
20 hold office for the unexpired portion of the unexpired term.
21 (f) Reappointment.--Nongovernment members of the board shall
22 be eligible for reappointment to a second consecutive term.
23 Thereafter, nongovernment members may be reappointed after two
24 years' absence before assuming another term and shall continue
25 to serve until a successor is appointed and qualified but in no
26 event more than six months beyond the end of the appointed term.
27 (g) Compensation.--Each nongovernment member of the board
28 shall receive compensation at the current per diem rate when
29 attending to the work of the board. Members shall also receive
30 reasonable travel, hotel and other necessary expenses incurred
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1 in the performance of their duties in accordance with
2 Commonwealth regulations.
3 (h) Forfeiture for nonattendance.--If a public member fails
4 to attend two consecutive statutorily mandated training seminars
5 in accordance with section 813(e) of the act of April 9, 1929
6 (P.L.177, No.175), known as The Administrative Code of 1929, he
7 or she shall forfeit his or her seat unless the commissioner,
8 upon written request from the public member, finds that the
9 public member should be excused from a meeting because of
10 illness or the death of a family member.
11 (i) Meetings.--The board shall meet at least four times a
12 year and may hold additional meetings whenever necessary,
13 subject to the approval of the commissioner. The location of the
14 meetings shall be determined by the board, subject to the
15 approval of the commissioner, but shall be within this
16 Commonwealth.
17 (j) Quorum.--A majority of the members of the board serving
18 in accordance with law shall constitute a quorum for the purpose
19 of conducting the business of the board. Except for temporary
20 and automatic suspensions under this act, a member may not be
21 counted as part of a quorum or vote on any issue unless he or
22 she is physically in attendance at the meeting.
23 (k) Notice.--Reasonable notice of all meetings shall be
24 given in conformity with the act of July 3, 1986 (P.L.388,
25 No.84), known as the Sunshine Act.
26 Section 302. Powers and duties of board.
27 (a) Powers and duties.--The board shall elect annually from
28 its membership a chairperson, a vice chairperson and a secretary
29 to conduct the business of the board as required. It shall be
30 the duty of the board to establish requirements and procedures
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1 for licensure (which may include recognizing other
2 certification/licensing systems), to pass upon the
3 qualifications of applicants for licensure, to ensure the
4 conduct of examinations, to issue and renew licenses to sign
5 language and/or oral interpreters who qualify under this act and
6 to suspend or revoke the license of a sign language and/or oral
7 interpreter. The board shall be authorized and empowered to
8 refuse, restrict, suspend or revoke a license of a sign language
9 and/or oral interpreter under this act, to conduct
10 investigations, including the power to issue subpoenas, and to
11 hold hearings upon charges or information indicating a violation
12 of the provisions of this act or the regulations promulgated
13 pursuant to this act. The board shall maintain a record listing
14 the name of every living interpreter licensed to practice in
15 this Commonwealth, the last known place of business, the last
16 known place of residence and date and number of the license of
17 the licensee in accordance with State code on confidentiality.
18 The board shall submit annually a report to the Consumer
19 Protection and Professional Licensure Committee of the Senate
20 and the Professional Licensure Committee of the House of
21 Representatives containing a description of the types of
22 complaints received, status of the cases, action which has been
23 taken and length of time from the initial complaint to final
24 resolution. The board shall submit annually to the
25 Appropriations Committee of the Senate and the Appropriations
26 Committee of the House of Representatives, 15 days after the
27 Governor has submitted his budget to the General Assembly, a
28 copy of the budget request for the upcoming fiscal year which
29 the board previously submitted to the Department of State.
30 (b) Rules and regulations.--The board shall have the power
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1 to promulgate and adopt rules and regulations consistent with
2 this act as it considers necessary for the performance of its
3 duties and the proper administration of this act.
4 (c) Restriction.--The powers of the board shall not involve
5 fee scales and shall not make rulings that conflict with
6 established standards set by RID or other recognized
7 certification/licensing systems.
8 CHAPTER 5
9 LICENSURE PROVISIONS
10 Section 501. Requirements for licensure.
11 An applicant applying for licensure as an interpreter shall
12 submit a written application on forms provided by the board
13 evidencing:
14 (1) The applicant's education, training, experience,
15 valid certification by the Registry of Interpreters for the
16 Deaf or equivalent and/or other information as may be
17 required by the board which shall include knowledge of and
18 compliance with RID's Code of Ethics.
19 (2) That he or she has not been convicted of a felony or
20 misdemeanor relating to interpreting nor found guilty of
21 malpractice unless:
22 (i) at least three years have elapsed from the date
23 of the conviction/malpractice;
24 (ii) the applicant satisfactorily demonstrates to
25 the board that he or she made significant progress in
26 personal rehabilitation since the conviction and/or
27 malpractice, proving that licensure of the applicant
28 should not be expected to create a substantial risk of
29 harm to the health and safety of his or her clients or
30 the public or a substantial risk of further
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1 criminal/civil violations; and
2 (iii) the applicant otherwise satisfies the
3 qualifications contained in or authorized by this act.
4 Section 502. Examination for licensure.
5 (a) Examinations required.--Unless exempt under subsection
6 (e), an individual applying for licensure in accordance with
7 this act shall be required to pass examinations approved by the
8 board which are designed to test the knowledge, experience and
9 proficiency necessary for effective and professional practice of
10 interpreting in this Commonwealth.
11 (b) Applications and fees.--Individuals applying for
12 licensure shall remit as the examination fee an amount to be
13 determined by the board prior to admission to take the
14 examination as provided by the board. A person who fails an
15 examination may submit an application for reexamination to the
16 board, accompanied by the prescribed fee.
17 (c) Time and place.--Applicants for licensure shall be
18 examined at times and places determined by the board.
19 Examinations shall be given at least twice a year. The board
20 shall notify applicants by mail of the time and place of
21 scheduled examinations.
22 (d) Subsequent examination.--The board may adopt rules and
23 regulations governing the eligibility of applicants who have
24 failed to pass two examinations concerning their admittance to
25 subsequent examinations.
26 (e) Exemption from examination.--The board may waive the
27 requirements for examinations and examination fees for
28 particular applicants for whom the board determines that
29 sufficient evidence of qualifications already exists.
30 Section 503. Provisional permit.
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1 A person who, on or after the effective date of this act,
2 meets the requirements of section 501 but lacks certification
3 shall be entitled to a provisional permit for a time period to
4 be determined by the board.
5 Section 504. License required.
6 Within the time period determined by the board, a person may
7 not practice or offer to practice or represent himself or
8 herself as a sign language and/or oral interpreter in this
9 Commonwealth, or use any title, abbreviation, sign, card or
10 device to indicate the person is a sign language and/or oral
11 interpreter unless the person is licensed or provisionally
12 permitted under this act.
13 Section 505. Reciprocity.
14 A person, paying the appropriate fee and filing an
15 application, who presents evidence satisfactory to the board of
16 licensure as an interpreter by another state, territory of the
17 United States or the District of Columbia may be licensed to
18 practice in this Commonwealth as determined by the board if the
19 standards for licensure in the other jurisdiction are at least
20 equal to those provided for in this act.
21 Section 506. Use of title.
22 The board shall issue a license to any person who has met the
23 requirements of this act, upon payment of the applicable license
24 fee. A person who is issued a license as an interpreter under
25 the provisions of this act may use the title "Licensed" in
26 connection with the title of place or business, to denote the
27 licensure of that person.
28 Section 507. Refusal, restrictions, suspensions, revocations
29 and grievances.
30 A person whose license is revoked shall adhere to all rules
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1 and regulations enacted as determined and enforced by the board.
2 CHAPTER 7
3 ENFORCEMENT
4 Section 701. Requirement to carry license and other
5 identification.
6 Within the time period determined by the board as applied to
7 section 504, persons who are licensed or provisionally permitted
8 as sign language and/or oral interpreters under this act shall
9 be required to show, upon request, documented proof of such
10 licensure and a valid form of identification when assigned or
11 contracted for interpreting service as defined within this act.
12 Section 702. Penalties.
13 (a) Criminal penalty.--A person who violates this act
14 commits a felony or a misdemeanor of the third degree and shall,
15 upon conviction, be sentenced to pay a fine of not more than
16 $1,000 or imprisonment for not more than 90 days, or both.
17 (b) Civil penalty.--In addition to any other civil remedy or
18 criminal penalty provided for in this act, the board, by a vote
19 of the majority of the minimum number of the authorized
20 membership of the board as provided by law, or by a vote of the
21 majority of the duly qualified and confirmed membership or a
22 minimum of four members, whichever is greater, may levy a civil
23 penalty of not more than $1,000 on any current licensee who
24 violates any provision of this act or on any person who holds
25 himself or herself out as a licensed interpreter without being
26 so licensed under this act. The board shall levy this penalty
27 only after affording the accused party the opportunity for a
28 hearing, as provided in 2 Pa.C.S. (relating to administrative
29 law and procedure).
30 (c) Disposition.--All fines and civil penalties imposed in
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1 accordance with this section shall be paid into the Professional
2 Licensure Augmentation Account.
3 Section 703. Records.
4 A record of all persons licensed to practice as interpreters
5 in Pennsylvania shall be kept in the office of the board and
6 shall be open to public inspection and copying upon payment of
7 nominal fee for copying the record.
8 Section 704. Fees and other revenue.
9 All fees required under this act shall be fixed by the board
10 by regulation and shall be subject to the act of June 25, 1982
11 (P.L.633, No.181), known as the Regulatory Review Act. Because
12 of the relatively small number of persons who are expected to
13 qualify as licensed or provisionally permitted interpreters in
14 this Commonwealth, fees, fines and penalties as may be imposed
15 by the board are not expected to provide sufficient funds for
16 operation of the board. Due to the critical importance of the
17 board's mission, and considering these limitations to its self-
18 funding, the board is authorized to seek additional sources of
19 funding, including, but not limited to, appropriations from the
20 General Fund.
21 Section 705. Subpoenas.
22 (a) Power to issue.--The board shall have the authority to
23 issue subpoenas, upon application of an attorney responsible for
24 representing the Commonwealth in disciplinary matters before the
25 board, for the purpose of investigating alleged violations of
26 the disciplinary provisions administered by the board. The board
27 shall have the power to subpoena witnesses, to administer oaths,
28 to examine witnesses and to take testimony or compel the
29 production of books, records, paper, videotape and documents as
30 it may consider necessary or proper in, and pertinent to, any
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1 proceeding, investigation or hearing held by it. The board is
2 authorized to apply to the Commonwealth Court to enforce its
3 subpoenas.
4 (b) Notification of board.--An attorney responsible for
5 representing the Commonwealth in disciplinary matters before the
6 board shall notify the board immediately upon receiving
7 notification of alleged violation, all reports of alleged
8 violations, the records of alleged violations and the records
9 for the purpose of determining that each alleged violation has
10 been resolved in a timely manner.
11 Section 706. Unlawful practice.
12 (a) Injunction.--Unlawful practice may be enjoined by the
13 courts upon petition of the commissioner or the board. In any
14 proceeding under this section, it shall not be necessary to show
15 that any person is individually injured by the complained of
16 actions. If the court finds that the respondent has violated
17 this section, it shall enjoin him or her from so practicing
18 until he or she has been duly licensed. Procedure in the cases
19 shall be the same as in any other injunction suit.
20 (b) Remedy cumulative.--The injunctive remedy provided in
21 this section shall be in addition to any other civil or criminal
22 prosecution and punishment.
23 CHAPTER 9
24 MISCELLANEOUS PROVISIONS
25 Section 901. Appropriation.
26 The sum of $85,000, or as much thereof as may be necessary,
27 is hereby appropriated from the Professional Licensure
28 Augmentation Account in the General Fund to the Bureau of
29 Professional and Occupational Affairs in the Department of State
30 for the establishment and operation of the State Board of Sign
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1 Language and Oral Interpreters Licensure. The board shall
2 request necessary additional appropriations in accordance with
3 section 704.
4 Section 902. Effective date.
5 This act shall take effect in 90 days.
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