Representative Rebecca P. Edwards proposes the following substitute bill:


1     
TRANSLITERATOR SERVICES AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca P. Edwards

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses provisions relating to cued language transliterator services.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts provisions relating to the certification of cued language transliterators;
13          ▸     amends provisions relating to the certification of and requirements for interpreters
14     for the deaf or hearing impaired; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53A-26a-102, as last amended by Laws of Utah 2013, Chapter 385
23          53A-26a-302, as last amended by Laws of Utah 2009, Chapter 183
24          53A-26a-303, as enacted by Laws of Utah 1994, Chapter 306
25          53A-26a-305, as last amended by Laws of Utah 2013, Chapter 385
26          53A-26a-401, as enacted by Laws of Utah 1994, Chapter 306
27          53A-26a-501, as enacted by Laws of Utah 1994, Chapter 306
28          53A-26a-502, as enacted by Laws of Utah 1994, Chapter 306
29     ENACTS:
30          53A-26a-601, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53A-26a-102 is amended to read:
34          53A-26a-102. Definitions.
35          As used in this chapter:
36          (1) "Advisory board" or "board" means the Interpreters Certification Board created in
37     Section 53A-26a-201.
38          (2) "Certified interpreter" means [a person] an individual who is certified as meeting
39     the certification requirements [of this chapter] described in Part 3, Certification.
40          (3) "Certified cued language transliterator" means an individual who is certified as
41     meeting the certification requirements described in Section 53A-26a-601 .
42          [(3)] (4) "Hearing impaired" means a hearing loss which:
43          (a) necessitates the visual acquisition of language; or
44          (b) adversely affects the acquisition of language but which does not preclude the
45     auditory acquisition of language.
46          [(4)] (5) "Interpreter services" means services that facilitate effective communication:
47          (a) between a hearing [person and a person] individual and an individual who is
48     hearing impaired [as defined by Subsection (3),]; and
49          (b) through American Sign Language or a language system or code that is modeled
50     after American Sign Language, in whole or in part, or is in any way derived from American
51     Sign Language.
52          Section 2. Section 53A-26a-302 is amended to read:
53          53A-26a-302. Qualifications for certification.
54          [Each] An applicant for certification under this [chapter] part shall:
55          (1) submit an application in a form [prescribed] designated by the State Board of
56     Education;
57          (2) pay a fee determined by the State Board of Education under Section 63J-1-504 [to
58     help] in an amount to offset the costs of implementing this [chapter] part for the administration
59     of examinations for certification and for the issuance of certificates;
60          (3) be of good moral character; and
61          (4) comply with any other qualifications for certification established by the State Board
62     of Education pursuant to Subsection 53A-26a-202(2).
63          Section 3. Section 53A-26a-303 is amended to read:
64          53A-26a-303. Certification term -- Expiration -- Renewal.
65          (1) (a) The State Board of Education shall issue each certificate under this [chapter]
66     part in accordance with a three-year renewal cycle [established by rule].
67          (b) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
68     Act, the State Board of Education may by rule extend or shorten a renewal cycle by as much as
69     one year to stagger the renewal cycles [it] the State Board of Education administers.
70          (2) At the time of renewal, the certified interpreter [must] shall show satisfactory
71     evidence of compliance with renewal conditions established by the State Board of Education
72     pursuant to Subsection 53A-26a-202(2).
73          (3) Each certificate automatically expires on the expiration date shown on the
74     certificate unless the certified interpreter renews [it] the certificate in accordance with the
75     conditions [prescribed] established by the State Board of Education for renewal.
76          Section 4. Section 53A-26a-305 is amended to read:
77          53A-26a-305. Exemptions from certification -- Temporary or restricted
78     certification.
79          (1) The following individuals may engage in the practice of a certified interpreter[,
80     subject to the stated circumstances and limitations,] without being certified under this [chapter]
81     part:
82          (a) an individual serving in the Armed Forces of the United States, the United States
83     Public Health Service, the United States Department of Veterans Affairs, or other federal
84     [agencies while] agency and who is engaged in activities regulated under this [chapter] part as a
85     part of employment with that federal agency if the [person] individual holds a valid certificate
86     or license to provide interpreter services issued by [any other] another state or jurisdiction
87     recognized by the State Board of Education;
88          (b) a student engaged in providing interpreter services while [in training] enrolled in a
89     [recognized school] training program approved by the State Board of Education to the extent
90     [the student's activities] that the services provided by the student are:
91          (i) supervised by [qualified faculty, staff, or designee,] an individual designated under
92     the training program; and [the services are a defined]
93          (ii) provided as part of the training program;
94          (c) an individual engaged in providing interpreter services while enrolled in an
95     internship, residency, apprenticeship, or on-the-job training program approved by the [State
96     Board of Education while under the supervision of qualified persons] board, to the extent that
97     the services provided by the individual are:
98          (i) supervised by an individual designated under the internship, residency,
99     apprenticeship, or on-the-job training program; and
100          (ii) provided as part of the internship, residency, apprenticeship, or on-the-job training
101     program;
102          (d) an individual residing in another state and certified or licensed to provide
103     interpreter services in that state, who is called in for a consultation by an individual certified to
104     provide interpreter services in this state, and the services provided are limited to that
105     consultation;
106          (e) an individual who is invited by a recognized school, program, association, or other
107     body approved by the State Board of Education to conduct a lecture, clinic, or demonstration
108     on interpreter services if the individual does not establish a place of business or regularly
109     engage in the practice of providing interpreter services in this state;
110          (f) an individual licensed in another state or country who is in this state temporarily to
111     attend to the needs of an athletic team or group, except that the individual may only attend to
112     the needs of the team or group[, including all] and individuals who travel with the team or
113     group, [except as a spectator] not including spectators; or
114          (g) an individual who is providing interpreter services for a religious entity, to the
115     extent that the religious entity is specifically exempted from liability under federal law.
116          (2) (a) An individual temporarily in this state who is exempted from certification under
117     Subsection (1) shall comply with each requirement of the jurisdiction from which the
118     individual derives authority to [practice] provide interpreter services.
119          (b) Violation of any limitation imposed by this section is grounds for removal of
120     exempt status, denial of certification, or another disciplinary proceeding.
121          (3) (a) Upon the declaration of a national, state, or local emergency, the State Board of
122     Education, in collaboration with the advisory board, may suspend the requirements for
123     permanent or temporary certification of [persons] an individual who [are] is certified or
124     licensed in another state.
125          (b) Individuals exempt under Subsection (3)(a) [shall be] are exempt from certification
126     for the duration of the emergency while engaged in providing interpreter services for which
127     they are certified or licensed in the other state.
128          (4) The State Board of Education, after consulting with the advisory board, may adopt
129     rules for the issuance of temporary or restricted certifications if their issuance is necessary to or
130     justified by:
131          (a) a lack of necessary available interpretive services in any area or community of the
132     state, if the lack of services might be reasonably considered to materially jeopardize
133     compliance with state or federal law; or
134          (b) a need to first observe an applicant for certification in a monitored or supervised
135     practice of providing interpretive services before a decision is made by the board either to
136     grant or deny the applicant a regular certification.
137          Section 5. Section 53A-26a-401 is amended to read:
138          53A-26a-401. Grounds for denial of certification -- Disciplinary proceedings.
139          (1) The State Board of Education shall refuse to issue a certificate to an applicant and
140     shall refuse to renew or shall revoke, suspend, restrict, place on probation, or otherwise act
141     upon the certificate of a certified interpreter who does not meet the qualifications for
142     certification under [this chapter] Part 3, Certification.
143          (2) The State Board of Education may refuse to issue a certificate to an applicant,
144     refuse to renew a certificate, revoke, suspend, restrict, or place on probation the certificate of a
145     certified interpreter, issue a public or private reprimand to a certified interpreter, and issue a
146     cease and desist order in any of the following [cases] circumstances:
147          (a) the applicant or certified interpreter has engaged in unprofessional conduct as
148     defined in this chapter or by rule under this chapter;
149          (b) the applicant or certified interpreter has engaged in unlawful conduct as defined in
150     this chapter;
151          (c) the applicant or certified interpreter has been determined to be mentally
152     incompetent for any reason by a court of competent jurisdiction; or
153          (d) the applicant or certified interpreter is unable to provide interpretive services with
154     reasonable skill and safety:
155          (i) because of illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or
156     any other type of material[,]; or
157          (ii) as a result of any other mental or physical condition, when the individual's
158     condition demonstrates a threat or potential threat to [the] public health, safety, or welfare.
159          (3) An individual whose certificate has been suspended, revoked, or restricted under
160     Subsection (1) may apply for reinstatement at reasonable intervals and upon compliance with
161     conditions imposed by the State Board of Education .
162          (4) The State Board of Education may issue cease and desist orders:
163          (a) to a certified interpreter or applicant who [may be disciplined] is subject to
164     discipline under Subsection (1);
165          (b) to [any person] an individual who engages in or represents [himself to be] that the
166     individual is engaged in the profession of a certified interpreter; and
167          (c) to [any person] an individual who otherwise violates this chapter or any rules
168     adopted under this chapter.
169          Section 6. Section 53A-26a-501 is amended to read:
170          53A-26a-501. Unlawful conduct.
171          (1) As used in this section, "regulated conduct" means practicing or engaging in,
172     representing oneself to be practicing or engaging in, or attempting to practice or engage in the
173     profession of a certified interpreter or certified cued language transliterator.
174          (2) "Unlawful conduct" means any of the following conduct by [any] a person:
175          [(1) practicing or engaging in, representing oneself to be practicing or engaging in, or
176     attempting to practice or engage in the profession of a certified interpreter if the person is:]
177          (a) engaging in regulated conduct, unless exempt from certification under this chapter,
178     when:
179          (i) the person is not certified [to do so or exempted from certification under this
180     chapter]; or
181          (ii) the person's certification is inactive;
182          [(b) restricted from doing so by a restricted, suspended, revoked, temporary,
183     probationary, or inactive certification;]
184          (b) engaging in regulated conduct in violation of a restriction, suspension, revocation,
185     probation, or temporary certification;
186          [(2)] (c) impersonating [another] a certified interpreter or certified cued language
187     transliterator or practicing as a certified interpreter or certified cued language transliterator
188     under a false or assumed name, except as permitted by law;
189          [(3)] (d) knowingly employing [any other person] an individual to practice or engage in
190     or attempt to practice or engage in the profession of a certified interpreter or certified cued
191     language transliterator, if the employee is not certified [to do so] under this chapter;
192          [(4)] (e) knowingly permitting the person's authority to engage in the profession of a
193     certified interpreter or certified cued language transliterator to be used by another, except as
194     permitted by law; or
195          [(5)] (f) applying for or obtaining certification or otherwise dealing with the State
196     Board of Education through the use of fraud, forgery, or intentional deception,
197     misrepresentation, misstatement, or omission.
198          Section 7. Section 53A-26a-502 is amended to read:
199          53A-26a-502. Unprofessional conduct.
200          "Unprofessional conduct" means conduct by a certified interpreter or certified cued
201     language transliterator that is defined as unprofessional conduct under this chapter or under any
202     rules adopted under this chapter and includes:
203          (1) violating, or aiding or abetting any other person to violate, any provision of this
204     chapter or rule or order regulating certified interpreters or certified cued language
205     transliterators;
206          (2) violating, or aiding or abetting any other person to violate, any generally accepted
207     professional or ethical standard applicable to the profession of a certified interpreter or certified
208     cued language transliterator; or
209          (3) physically, mentally, or sexually abusing or exploiting any person through conduct
210     connected with a certified [interpreter's] interpreter or certified cued language transliterator's
211     practice under this chapter.
212          Section 8. Section 53A-26a-601 is enacted to read:
213          53A-26a-601. Cued language transliterator certification.
214           (1) As used in this section, "division" means the Division of Services to the Deaf and
215     Hard of Hearing.
216           (2) Subject to Subsection (3), the division shall issue a cued language transliterator
217     certification to an individual who:
218           (a) applies to the division for certification; and
219           (b) passes the Cued Language Transliterator National Certification Examination.
220           (3) The division shall, before issuing a cued language transliterator certification under
221     Subsection (2), verify the applicant's compliance with Subsection (2)(b).