HB 7230 — AN ACT CONCERNING INTERPRETER STANDARDS.

General Assembly SubstituteRaised Bill No.

7230 January Session, 2019 ANLCO ACTNo. CONCERNING INTERPRETER STANDARDS.

4724 Referred to Committee on HUMAN SERVICES Introduced by:

(HS) AN ACT CONCERNING INTERPRETER STANDARDS AND IMPROVING ACCESS TO PUBLIC SPACES FOR DEAF, DEAF-BLIND AND HARD OF HEARING PERSONS.

[(2)LCO "LegalNo. setting" means any criminal or civil action involving a court of competent jurisdiction, any investigation conducted by a duly authorized law enforcement agency, employment related hearings and appointments requiring the presence of an attorney;

LCO4724 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07230-R0111 of 811 HB.docxRaised Substitute Bill No.No.7230 [(2) "Legal setting" means any criminal or civil action involving a court of competent jurisdiction, any investigation conducted by a duly authorized law enforcement agency, employment related hearings and appointments requiring the presence of an attorney;

7230 (3) "Medical setting" means medical related situations including mental health treatment, psychological evaluations, substance abuse treatment, crisis intervention and appointments or treatment requiring the presence of a doctor, nurse or other health care professional;

and (4) "Educational setting" means a school or other educational institution, including elementary, high school and post-graduation schools where interpretive services are provided to a student.] (3) "Educational"Community setting" means any setting whereother interpretivethan servicesan areeducational, providedlegal concerningor education-relatedmedical matters,setting, including, but not limited to, allinformational, schools,town school-basedhall, programs,community services and activitiescivic andmeetings; other educational programs;

(4) "Legal"Community setting"interpreter" means anyan criminalindividual orwho civildemonstrates actiongeneral involvingknowledge a court of competent jurisdiction, any investigation or action conducted by a dulyvariety authorizedof lawcommunity enforcementinterpreting agency,situations employment-related hearings, appointments and situationsvocabulary requiringassociated thewith presencethose ofsituations; an attorney;

(5) "Medical"Educational setting" means gatheringsany orsetting gathering places where healthinterpretive andservices wellnessare issuesprovided areconcerning addressed,education-related matters, including, but not limited to, hospitals,all clinics,schools, assistedschool-based livingprograms, services and rehabilitationactivities facilities, mental health treatment sessions, psychological evaluations, substance abuse treatment sessions, crisis intervention and appointments or other treatmenteducational requiringprograms; the presence of a doctor, nurse, medical staff or other health care professional;

and (6) "Transliterating""Educational interpreter" means convertingan orindividual renderingwho Englishdemonstrates concepts(A) tospecialized aknowledge languageof concepteducational usedsettings byserving astudents person who isare deaf, deaf-deaf-blind blind or hard of hearinghearing, or(B) greater familiarity with language used in the translatingeducational system, and (C) specialized knowledge of aprocesses deaf,and deaf-blindservices orin hardaccordance ofwith hearingIndividualized person'sEducational languagePlans conceptand toSection English504 concepts.of the Rehabilitation Act of 1973;

(b)(7) [All]"Legal Exceptsetting" asmeans providedany incriminal subsectionsor (g)civil andaction (h)involving ofa thisLCO section,No. all persons providing interpreting services shall register, annually, with the Department of Rehabilitation Services.

Such4724 registration2 shallof be11 onRaised aBill formNo.7230 prescribedcourt of competent jurisdiction, any investigation or furnishedaction conducted by thea Commissionerduly ofauthorized LCOlaw {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-072302enforcement ofagency, 8employment-related R01-HB.docxhearings, }appointments Substituteand Billsituations No.requiring the presence of an attorney;

7230(8) Rehabilitation"Legal Servicesinterpreter" andmeans shallan includeindividual thewho registrant'sdemonstrates name,(A) residentialspecialized orknowledge businessof address,legal settings serving individuals who are deaf, deaf-blind or both,hard contactof information,hearing, including,(B) butgreater notfamiliarity limitedwith to,language phoneused number,in placethe oflegal employmentsystem, asand interpreter(C) specialized knowledge of processes and interpreterservices certificationin orthe credentials.civil and criminal judicial system;

(9) "Medical setting" means gatherings or gathering places where health and wellness issues are addressed, including, but not limited to, hospitals, clinics, assisted living and rehabilitation facilities, mental health treatment sessions, psychological evaluations, substance abuse treatment sessions, crisis intervention and appointments or other treatment requiring the presence of a doctor, nurse, medical staff or other health care professional;

(10) Medical interpreter" means an individual who demonstrates (A) specialized knowledge of medical settings serving individuals who are deaf, deaf-blind or hard of hearing, (B) greater familiarity with language used in the medical system, and (C) specialized knowledge of the processes and services in the medical service system;

and (11) "Transliterating" means converting or rendering English concepts to a language concept used by a person who is deaf, deaf- blind or hard of hearing or the translating of a deaf, deaf-blind or hard of hearing person's language concept to English concepts.

(b) [All] Except as provided in subsections (h) and (j) of this section, all persons providing interpreting services shall register, annually, with the Department of Rehabilitation Services.

Such registration shall be on a form prescribed or furnished by the Commissioner of Rehabilitation Services and shall include the registrant's name, residential or business address, or both, contact information, including, but not limited to, phone number, place of employment as interpreter LCO No.

4724 3 of 11 Raised Bill No.7230 and interpreter certification or credentials.

(c) No person shall provide interpreting services unless such person is registered with the Department of Rehabilitation Services according to the provisions of this section, [and] holds recognized national or state interpreter credentials determined by the department to be acceptable for interpreting purposes where appropriate in Connecticut and has met at least one of the following qualifications:

[,] (2) [has] (A) Has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf- LCONational {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-072303Registry of 8Interpreters R01-HB.docxfor }the SubstituteDeaf Billcertification knowledge examination, [and] (B) is a graduate of an accredited interpreter training program and documents the achievement of two continuing LCO No.

72304724 National4 Registry of Interpreters11 forRaised theBill DeafNo.7230 certification knowledge examination, [and] (B) is a graduate of an accredited interpreter training program and documents the achievement of two continuing education units per year for a maximum of five years of training approved by the commissioner, and (C) on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf- National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination;

[.] or (9) Holds the credential of Approved Deaf Interpreter, Approved American Sign Language-EnglishLanguage/English Interpreter, or Approved Sign LCOLanguage {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-072304Transliterator ofby 8the R01-HB.docxMassachusetts }Commission Substituteon Billthe No.Deaf and Hard of Hearing.

7230(d) Language[No] TransliteratorUntil bysuch thetime Massachusettsas Commissionnew onstandards theare Deafadopted andpursuant Hardto ofLCO Hearing.No.

(d)4724 No5 person shall provide interpreting services in a medical setting unless such person is registered with the Department of Rehabilitation11 ServicesRaised accordingBill toNo. the provisions of this section and holds (1) [holds] a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) [holds] a certificate of interpretation or a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) [holds] a level four or higher certification from the National Association of the Deaf, (4) [holds] a reverse skills certificate or [is a certified] certification as a deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, [holds] an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, [holds] a certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) [holds] a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(e)7230 Nosection 2 of this act for interpreting in medical, legal, educational and community settings, no person shall provide interpreting services in a legalmedical setting unless such person is registered with the Department of Rehabilitation Services according to the provisions of this section and holds (1) [holds] a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) [holds] a certificate of interpretation andor a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) [holds] a level fivefour or higher certification from the National Association of the Deaf, (4) [holds] a reverse skills certificate or is[is a certifiedcertified] certification as a deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, [holds] an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, [holds] a certification from the National Training, Evaluation and LCOCertification {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07230-5Unit and has passed the National Registry of 8Interpreters R01-HB.docxfor }the SubstituteDeaf Billwritten No.generalist test, or (7) [holds] a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

7230(e) CertificationNo Unitperson shall provide interpreting services in a legal setting unless such person is registered with the Department of Rehabilitation Services according to the provisions of this section and hasholds passed(1) [holds] a comprehensive skills certificate from the National Registry of Interpreters for the DeafDeaf, written(2) generalist[holds] test,a orcertificate (7)of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) [holds] a level five certification from the National Association of the Deaf-NationalDeaf, (4) [holds] a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, [holds] an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, [holds] certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf nationalwritten interpretinggeneralist certificate.test, or (7) [holds] a National LCO No.

(f)4724 [The6 requirements of this11 sectionRaised shallBill applyNo.7230 toAssociation personsof who receive compensation for the provisionDeaf-National Registry of interpretingInterpreters servicesfor andthe includeDeaf thosenational who provide interpreting servicescertificate. as part of their job duties.] No person who is not registered as a qualified interpreter pursuant to this section shall:

(f) [The requirements of this section shall apply to persons who receive compensation for the provision of interpreting services and include those who provide interpreting services as part of their job duties.] A person shall be registered as a qualified interpreter in order to:

(g) TheOn requirementsor ofafter thisOctober section1, shall2019, applyany tobusiness personsentity employing an interpreter who (1)is receiveproviding compensationinterpreting forservices in the provisionstate ofshall interpretingensure services,such andinterpreter (2)is providein interpretingcompliance serviceswith asthe partrequirements of theirthis jobsection. duties.

(h) The requirements of this section shall apply to persons who (1) receive compensation for the provision of interpreting services, and (2) provide interpreting services as part of their job duties.

(h)(i) TheInterpreters followingholding individualscredentials shallor becertificates exemptother fromthan thethose registrationLCO requirementsNo. of this section:

LCO4724 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0723067 of 811 R01-HB.docxRaised }Bill SubstituteNo.7230 Billrequired No.by the department may apply to the department for a waiver of up to three years starting on the date that such waiver may be granted.

7230Upon (1)review Anof individualthe interpretingapplication, atthe (A)department ashall worshipdetermine servicewithin conductedwhich bysettings athe religiousinterpreter entity,is ordeemed (B)qualified servicesto forwork, educationalat purposeswhich conductedtime bythe ainterpreter religiousmay entityregister orwith religiouslythe affiliateddepartment. school;

(2)(j) AnThe individualfollowing engagedindividuals inshall interpretingbe duringexempt anfrom emergency situation, when obtaining a registered interpreter or registered transliterator could cause a delay that may lead to injury or loss to the individualregistration requiring the services, provided such emergency assistance does not waive any communication access requirements for any entity pursuant to the federal Americans with Disabilities Act or Section 504 of thethis Rehabilitationsection: Act of 1973, as both may be amended from time to time;

(3)(1) An individual engaged in interpreting asat part(A) of a supervisedworship internshipservice orconducted practicumby ina anreligious interpretingentity, program at an accredited college or university(B) orservices anfor interpretingeducational mentorshippurposes programconducted approved by the department if (A) such interpreting is not in a legal,religious medicalentity or educationalreligiously setting,affiliated orschool; (B) the individual is accompanied by an interpreter registered pursuant to this section;

(2) An individual engaged in interpreting during an emergency situation, when obtaining a registered interpreter or registered transliterator could cause a delay that may lead to injury or loss to the individual requiring the services, provided such emergency assistance does not waive any communication access requirements for any entity pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both may be amended from time to time;

(3) An individual engaged in interpreting as part of a supervised internship or practicum at an accredited college or university or a mentorship program approved by the department if (A) such interpreting is not in a legal, medical or educational setting, or (B) the individual is accompanied by an interpreter registered pursuant to this section;

(i)(k) Deaf, deaf-blind and hard of hearing persons may exercise their right to request or use a different registered interpreter than the interpreterLCO providedNo. to interpret for such persons in any interpreting setting in accordance with a nationally recognized interpreter code of professional conduct.