53A-26a-305. Exemptions from certification -- Temporary or restricted
certification.
(1) The following individuals may engage in the practice of a certified interpreter, subject
to the stated circumstances and limitations, without being certified under this chapter:
(a) an individual serving in the Armed Forces of the United States, the United States
Public Health Service, the United States Department of Veterans Affairs, or other federal
agencies while engaged in activities regulated under this chapter as a part of employment with
that federal agency if the person holds a valid certificate or license to provide interpreter services
issued by any other state or jurisdiction recognized by the State Board of Education;
(b) a student engaged in providing interpreter services while in training in a recognized
school approved by the State Board of Education to the extent the student's activities are
supervised by qualified faculty, staff, or designee, and the services are a defined part of the
training program;
(c) an individual engaged in an internship, residency, apprenticeship, or on-the-job
training program approved by the State Board of Education while under the supervision of
qualified persons;
(d) an individual residing in another state and certified or licensed to provide interpreter
services in that state, who is called in for a consultation by an individual certified to provide
interpreter services in this state, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, or other body
approved by the State Board of Education to conduct a lecture, clinic, or demonstration on
interpreter services if the individual does not establish a place of business or regularly engage in
the practice of providing interpreter services in this state; and
(f) an individual licensed in another state or country who is in this state temporarily to
attend to the needs of an athletic team or group, except that the individual may only attend to the
needs of the team or group, including all individuals who travel with the team or group, except as
a spectator.
(2) (a) An individual temporarily in this state who is exempted from certification under
Subsection (1) shall comply with each requirement of the jurisdiction from which the individual
derives authority to practice.
(b) Violation of any limitation imposed by this section is grounds for removal of exempt
status, denial of certification, or another disciplinary proceeding.
(3) (a) Upon the declaration of a national, state, or local emergency, the State Board of
Education, in collaboration with the advisory board, may suspend the requirements for permanent
or temporary certification of persons who are certified or licensed in another state.
(b) Individuals exempt under Subsection (a) shall be exempt from certification for the
duration of the emergency while engaged in providing interpreter services for which they are
certified or licensed in the other state.
(4) The State Board of Education, after consulting with the advisory board, may adopt
rules for the issuance of temporary or restricted certifications if their issuance is necessary to or
justified by:
(a) a lack of necessary available interpretive services in any area or community of the
state, if the lack of services might be reasonably considered to materially jeopardize compliance
with state or federal law; or
(b) a need to first observe an applicant for certification in a monitored or supervised
practice of providing interpretive services before a decision is made by the board either to grant or
deny the applicant a regular certification.
Enacted by Chapter 306, 1994 General Session
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Last revised: Thursday, May 28, 2009