H.B. 371

1

INTERPRETER SERVICES FOR THE HEARING IMPAIRED
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ronda Rudd Menlove
6 Senate Sponsor: Aaron Osmond
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to the provision of interpreter services for the
11 hearing impaired.
12 Highlighted Provisions:
13 This bill:
14 . modifies provisions that establish certification requirements for certified interpreters
15 for the hearing impaired; and
16 . provides an exemption from certification requirements for an interpreter who is
17 providing interpreter services for certain religious entities.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-26a-102, as enacted by Laws of Utah 1994, Chapter 306
25 53A-26a-301, as enacted by Laws of Utah 1994, Chapter 306
26 53A-26a-305, as last amended by Laws of Utah 2010, Chapter 324
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-26a-102 is amended to read:
30 53A-26a-102. Definitions.
31 As used in this chapter:
32 (1) "Advisory board" or "board" means the Interpreters Certification Board created in
33 Section 53A-26a-201 .
34 (2) "Certified interpreter" means a person who is certified as meeting the certification
35 requirements of this chapter.
36 (3) "Hearing impaired" means a hearing loss which:
37 (a) necessitates the visual acquisition of language; or
38 (b) adversely affects the acquisition of language but which does not preclude the
39 auditory acquisition of language.
40 (4) "Interpreter services" means [those services provided for payment by an individual
41 holding one's self out to be a certified interpreter to facilitate effective communication between
42 hearing and hearing impaired persons] services that facilitate effective communication between
43 a hearing person and a person who is hearing impaired as defined by Subsection
44 53A-26a-102 (3), through American Sign Language or a language system or code that is
45 modeled after American Sign Language, in whole or in part, or is in any way derived from
46 American Sign Language.
47 Section 2. Section 53A-26a-301 is amended to read:
48 53A-26a-301. Certification required -- Classes of certification.
49 (1) [Certification is required to provide interpretive services, except] Except as
50 specifically provided in Section 53A-26a-305 , an individual is required to be certified as a
51 certified interpreter if that individual provides interpretive services and a state or federal law
52 requires the interpreter to be certified or qualified.
53 (2) The State Board of Education shall issue a certification to any person who qualifies
54 under this chapter in classifications determined by the board based upon recommendations
55 from the advisory board.
56 Section 3. Section 53A-26a-305 is amended to read:
57 53A-26a-305. Exemptions from certification -- Temporary or restricted
58 certification.

59 (1) The following individuals may engage in the practice of a certified interpreter,
60 subject to the stated circumstances and limitations, without being certified under this chapter:
61 (a) an individual serving in the Armed Forces of the United States, the United States
62 Public Health Service, the United States Department of Veterans Affairs, or other federal
63 agencies while engaged in activities regulated under this chapter as a part of employment with
64 that federal agency if the person holds a valid certificate or license to provide interpreter
65 services issued by any other state or jurisdiction recognized by the State Board of Education;
66 (b) a student engaged in providing interpreter services while in training in a recognized
67 school approved by the State Board of Education to the extent the student's activities are
68 supervised by qualified faculty, staff, or designee, and the services are a defined part of the
69 training program;
70 (c) an individual engaged in an internship, residency, apprenticeship, or on-the-job
71 training program approved by the State Board of Education while under the supervision of
72 qualified persons;
73 (d) an individual residing in another state and certified or licensed to provide
74 interpreter services in that state, who is called in for a consultation by an individual certified to
75 provide interpreter services in this state, and the services provided are limited to that
76 consultation;
77 (e) an individual who is invited by a recognized school, association, or other body
78 approved by the State Board of Education to conduct a lecture, clinic, or demonstration on
79 interpreter services if the individual does not establish a place of business or regularly engage
80 in the practice of providing interpreter services in this state; [and]
81 (f) an individual licensed in another state or country who is in this state temporarily to
82 attend to the needs of an athletic team or group, except that the individual may only attend to
83 the needs of the team or group, including all individuals who travel with the team or group,
84 except as a spectator[.]; or
85 (g) an individual who is providing interpreter services for a religious entity, to the
86 extent that the religious entity is specifically exempted from liability under federal law.
87 (2) (a) An individual temporarily in this state who is exempted from certification under
88 Subsection (1) shall comply with each requirement of the jurisdiction from which the
89 individual derives authority to practice.

90 (b) Violation of any limitation imposed by this section is grounds for removal of
91 exempt status, denial of certification, or another disciplinary proceeding.
92 (3) (a) Upon the declaration of a national, state, or local emergency, the State Board of
93 Education, in collaboration with the advisory board, may suspend the requirements for
94 permanent or temporary certification of persons who are certified or licensed in another state.
95 (b) Individuals exempt under Subsection (3)(a) shall be exempt from certification for
96 the duration of the emergency while engaged in providing interpreter services for which they
97 are certified or licensed in the other state.
98 (4) The State Board of Education, after consulting with the advisory board, may adopt
99 rules for the issuance of temporary or restricted certifications if their issuance is necessary to or
100 justified by:
101 (a) a lack of necessary available interpretive services in any area or community of the
102 state, if the lack of services might be reasonably considered to materially jeopardize
103 compliance with state or federal law; or
104 (b) a need to first observe an applicant for certification in a monitored or supervised
105 practice of providing interpretive services before a decision is made by the board either to grant
106 or deny the applicant a regular certification.




Legislative Review Note
as of 2-25-13 10:27 AM

Office of Legislative Research and General Counsel

[Bill Documents]