PRINTER'S NO. 523
No. 445 Session of 2003
INTRODUCED BY NAILOR, LEDERER, FLEAGLE, ROEBUCK, BARD, BARRAR,
BEBKO-JONES, BELFANTI, BISHOP, BROWNE, BUNT, CAPPELLI,
CIVERA, COSTA, COY, CRAHALLA, CREIGHTON, CRUZ, GABIG, GEIST,
GRUCELA, HALUSKA, HARHAI, HERMAN, HORSEY, JAMES, JOSEPHS,
LAUGHLIN, LEACH, MARSICO, McILHATTAN, S. MILLER, MYERS,
READSHAW, REICHLEY, ROBERTS, SAINATO, SEMMEL, SOLOBAY,
STABACK, E. Z. TAYLOR, TIGUE, VANCE, YOUNGBLOOD AND ZUG,
FEBRUARY 25, 2003
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 25, 2003
AN ACT
1 Providing for the licensure of individuals providing sign
2 language interpreting and transliterating services to
3 individuals who are deaf or hard of hearing; and imposing
4 duties on the Office for the Deaf and Hard of Hearing in the
5 Department of Labor and Industry.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Sign Language
10 Interpreters Licensing Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Applicant." An individual who applies for a license in
16 accordance with section 5.
1 "Department." The Department of Labor and Industry of the
2 Commonwealth.
3 "EIPA." The Educational Interpreter Performance Assessment
4 Examination administered by the Department of Education or its
5 agent.
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 "Licensee." An individual licensed as a sign language
10 interpreter under section 5.
11 "Office." The Office for the Deaf and Hard of Hearing within
12 the Department of Labor and Industry.
13 "Sign language interpreter." An individual who provides
14 individuals who are deaf and hard of hearing with interpreting
15 or transliterating services.
16 "Transliterating." The process of conveying spoken or
17 written English in an English-based sign system and the process
18 of conveying an English-based sign system in spoken or written
19 English.
20 Section 3. Office responsibilities.
21 The office shall do all of the following:
22 (1) Administer this act.
23 (2) License applicants in accordance with section 5.
24 (3) Maintain a list of all licensees and make this list
25 available upon request to the public and to Federal, State
26 and local agencies.
27 (4) Promulgate regulations necessary to carry out the
28 provisions of this act.
29 Section 4. License required.
30 (a) General rule.--Except as provided in subsection (b), no
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1 individual may provide or offer to provide interpreting or
2 transliterating services, hold himself out as a sign language
3 interpreter or use a similar title or designation without being
4 licensed as a sign language interpreter by the office in
5 accordance with this act.
6 (b) Exceptions.--The following individuals are exempt from
7 the licensure requirements of subsection (a):
8 (1) An individual engaged in interpreting or
9 transliterating at a worship service conducted by a religious
10 entity and services for educational purposes for a religious
11 entity or religiously affiliated school.
12 (2) An individual engaged in interpreting or
13 transliterating during an emergency. An emergency arises
14 when, after attempting to obtain the services of a licensee,
15 an individual who is deaf or hard of hearing determines that
16 the delay in obtaining a licensee might lead to injury or
17 loss to the individual requiring the services.
18 (3) An individual engaged in interpreting or
19 transliterating as part of a supervised internship or
20 practicum at an accredited college or university provided it
21 is not in a legal, medical or mental health setting.
22 (4) An individual from outside this Commonwealth who
23 provides interpreting or transliterating services in this
24 Commonwealth for a period not exceeding 14 days each calendar
25 year.
26 (5) An individual engaged in interpreting or
27 transliterating at the request of an individual who is deaf
28 or hard of hearing if the individual informs the client that
29 the individual is not licensed under this act.
30 (6) An individual who engages in interpreting or
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1 transliterating strictly as a volunteer.
2 (7) An individual who engages in interpreting or
3 transliterating for a school-related activity in accordance
4 with all of the following:
5 (i) The individual is employed in the public or
6 private elementary or secondary school or institution
7 chartered by the Commonwealth.
8 (ii) The individual received a rating exceeding 70%
9 on the EIPA. A school district shall determine the EIPA
10 by the grade level of the child or class to which the
11 interpreter is assigned and the sign system being used by
12 the class or school.
13 (c) Effect of exemption.--An individual exempted for
14 licensure under subsection (b) may not utilize the title sign
15 language interpreter or similar titles or designations or
16 indicate licensure under this act.
17 (d) Unlawful practice.--An individual who violates this
18 section commits a summary offense and shall, upon conviction, be
19 sentenced to pay a fine not to exceed $300 or to imprisonment
20 for not more than 90 days, or both, for a first violation. An
21 individual who is convicted of a subsequent violation of this
22 section commits a misdemeanor of the third degree and shall be
23 sentenced to pay a fine not less than $300 nor more than $1,000
24 or to serve a term of imprisonment for not more than 90 days, or
25 both.
26 Section 5. Licensure.
27 (a) Application.--An individual may apply to the office for
28 a sign language interpreter license. The applicant shall submit
29 to the office all of the following:
30 (1) A completed application.
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1 (2) Payment of any required fees.
2 (3) Proof that the applicant has met one of the
3 following requirements:
4 (i) Passed an examination approved by the office
5 which tests knowledge, experience and proficiency in
6 interpreting and transliterating.
7 (ii) Passed an examination similar to the
8 examination required by subparagraph (i).
9 (b) Licensing.--The office shall review each completed
10 application and shall issue a sign language interpreter license
11 to the applicant when the office is satisfied that all of the
12 following criteria have been met:
13 (1) The applicant is 18 years of age or older.
14 (2) The applicant has passed the examination required by
15 subsection (a).
16 (3) The applicant has paid all applicable fees
17 established pursuant to this act.
18 (4) The applicant possesses the general fitness,
19 competence and reliability sufficient to satisfy the office
20 that the applicant is worthy of licensure.
21 (5) Other criteria as the office may establish by
22 regulation.
23 (c) License.--A sign language interpreter license issued by
24 the office shall be:
25 (1) Issued only in the name of the applicant.
26 (2) Issued in paper or electronic form.
27 (3) Nontransferable.
28 (4) Issued for a period not to exceed two years.
29 (d) Renewal.--A licensee may renew a license by submitting
30 to the office the information required by subsection (a) and any
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1 applicable fees.
2 (e) Fees.--The fee for licensure or renewal of an existing
3 license shall, until modified by regulation, be $10.
4 Section 6. Change of personal information.
5 A licensee shall notify the office of any change of name or
6 mailing address within ten days.
7 Section 7. Confidential communications.
8 Except as provided by law, a sign language interpreter who
9 acquires confidential information while interpreting or
10 transliterating may not be required to disclose the information
11 in any legal proceeding, trial or investigation before a
12 governmental unit without the consent of the individual
13 receiving interpreting or transliterating. The sign language
14 interpreter shall hold any legal privilege that the individual
15 receiving the services holds.
16 Section 8. License violations.
17 (a) Violations.--A licensee shall not do any of the
18 following:
19 (1) Obtain a license or renewal of a license through
20 fraud, deceit or misrepresentation.
21 (2) Be convicted of a felony or a crime, in this
22 Commonwealth or other jurisdiction, relating to the provision
23 of transliterating or interpreting services.
24 (3) Be the subject of disciplinary or other
25 administrative action taken against this registration,
26 certification, license or authority to provide
27 transliterating or interpreting services in another state or
28 by a government agency.
29 (4) Commit fraud, gross negligence or misconduct
30 relating to transliterating or interpreting services.
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1 (5) Engage in any other misconduct relating to the
2 provision of transliterating or interpreting services as
3 determined by the office.
4 (6) Violate the provisions of this act.
5 (b) Procedure.--If the office finds a violation of
6 subsection (a), it shall give written notice to the licensee
7 specifying the violation or violations found. The office may
8 assess an administrative fine not to exceed $500 for each
9 violation. In setting the fine, the office shall consider the
10 severity of the violation and whether there is a pattern of
11 violations.
12 Section 9. Suspension, denial, nonrenewal or revocation of a
13 license.
14 (a) Action.--The office may suspend, deny, refuse to renew
15 or revoke a sign language interpreter license of an individual
16 for a violation of section 8(a).
17 (b) Surrender of license.--If a licensee's license has been
18 suspended or revoked, the licensee shall return the license to
19 the office in the manner the office directs. An individual who
20 fails to return a license in accordance with this subsection
21 commits a summary offense.
22 (c) Reapplication.--An individual whose license has been
23 revoked may apply for a license in accordance with section 5 not
24 earlier than five years after the date the previous license was
25 revoked.
26 Section 10. Appeals.
27 An individual aggrieved by a decision of the office may
28 appeal the decision of the office to the department. The appeal
29 shall be conducted in accordance with 2 Pa.C.S. Ch. 5 Subch. A
30 (relating to practice and procedure of Commonwealth agencies).
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1 Section 11. Effect of an order.
2 A decision of the office from which no timely appeal is taken
3 to the department or an order of the department from which no
4 timely appeal is taken to a court of competent jurisdiction
5 shall be a final order and shall be enforceable by a court of
6 competent jurisdiction.
7 Section 12. Injunctive relief.
8 If a person violates this act, the director of the office,
9 the State Board of Vocational Rehabilitation or an affected
10 consumer of interpreting or transliterating services may
11 maintain an action in a court of competent jurisdiction for an
12 injunction or other process restraining or prohibiting the
13 person from engaging in the activity. In any proceeding under
14 this section, it shall not be necessary to show that an
15 individual was individually injured. If the court finds that an
16 individual has violated this act, it shall enjoin the individual
17 from engaging in the activity until the individual complies with
18 this act.
19 Section 13. Applicability.
20 The provisions of this act shall apply to interpreting or
21 transliterating services provided on or after July 1, 2004.
22 Section 14. Effective date.
23 This act shall take effect in 60 days.
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