HB 5230 — AN ACT CONCERNING STANDARDS FOR INTERPRETERS FOR DEAF, DEAFBLIND AND HARD OF HEARING PERSONS.

General Assembly Substitute House Bill No.

5230 FebruaryPublic Session,Act 2022No. AN ACT CONCERNING STANDARDS FOR INTERPRETERS FOR DEAF, DEAFBLIND AND HARD OF HEARING PERSONS.

22-31 AN ACT CONCERNING STANDARDS FOR INTERPRETERS FOR DEAF, DEAFBLIND AND HARD OF HEARING PERSONS.

[(2)] (3) "Interpreting" means the translating or transliterating of English concepts to a language concept used by a person who is deaf, [deaf-blind] deafblind or hard of hearing or the translating of a deaf, [deaf-blind] deafblind or hard of hearing person's language to English concepts through the use of American Sign Language, English-based sign language, cued speech, oral transliterating and information LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230-R01 of 11 HB.docx Substitute House Bill No.

[(3)][(3)"Deaf-blind"] (4) ["Deaf-blind"]"Deafblind"meanscombinedvisionand "Deafblind" means combined vision and hearing impairments that challenge a person's ability to communicate, interact with others, access information and move about safely;

(b) Except as provided in subsections (g) and (h) of this section, all personsprovidinginterpretingservicesshallregister,annually,withthepersonsprovidinginterpretingservicesshall register,annually,withthe Department of Aging and Disability Services.

Such registration shall be onPublic aAct form prescribed or furnished by the Commissioner of Aging and Disability Services and shall include the registrant's name, residential or LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05232 of 11 R02-HB.docx } Substitute Bill No.

523022-31 business2 address, or both, contact information, including, but not limited to, phone number, place of employment11 asSubstitute interpreterHouse andBill interpreterNo. certification or credentials.

The5230 departmenton shalla (1)form issueprescribed interpreteridentificationcardsforthosewhoregisterinaccordancewithor thisfurnished section,by the Commissioner of Aging and (2)Disability maintainServices aand currentshall listinginclude onthe itsregistrant's Internetname, webresidential siteor ofbusiness suchaddress, registeredor interpreters,both, categorizedcontact byinformation, interpreterincluding, settingsbut fornot whichlimited theyto, arephone qualified.number, place of employment as interpreter and interpreter certification or credentials.

The department shall (1) issue interpreter identificationcardsforthosewhoregisterinaccordancewith this section, and (2) maintain a current listing on its Internet web site of such registered interpreters, categorized by interpreter settings for which they are qualified.

(1) (A) Has 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, (B) holds a level three certification provided by the NationalAssociationoftheDeaf,and(C)(i)documentstheachievement ofPublic twoAct continuing education units per year for a maximum of five years of training approved by the Commissioner of Aging and Disability Services, and (ii) on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05233 of 11 R02-HB.docx } Substitute Bill No.

523022-31 the3 National Association of the11 Deaf-NationalSubstitute RegistryHouse ofBill InterpretersNo. for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or theNationalAssociationoftheDeaf-NationalRegistryofInterpreters for the Deaf national interpreter certification examination;

5230 of two continuing education units per year for a maximum of five years of training approved by the Commissioner of Aging and Disability Services, and (ii) 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 theNationalAssociationoftheDeaf-NationalRegistryofInterpreters for the Deaf national interpreter certification examination;

(6)Public ForAct situationsNo. 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 written generalist test;

22-31 4 of 11 Substitute House Bill No.

5230 (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 written generalist test;

LCO(8) {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230-4Holds a National Association of 11the R02-HB.docxDeaf-National }Registry Substituteof BillInterpreters No.for the Deaf national interpreting certificate;

5230 (8) Holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate;

(e)Public NoAct person shall provide interpreting services in a legal setting unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section and holds (1) a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) a level five certification from the National Association of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-052305 of 11 R02-HB.docx } Substitute Bill No.

523022-31 situations5 requiring an oral interpreter only, an oral certification from the National Registry of Interpreters11 forSubstitute theHouse Deaf,Bill (6)No. for situations requiring a cued speech transliterator only, 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) a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, or (8) the credential of Approved Deaf Interpreter by the Massachusetts Commission on the Deaf and Hard of Hearing.

5230 (e) No person shall provide interpreting services in a legal setting unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section and holds (1) a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) a level five certification from the National Association of the Deaf, (4) 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, an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, 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) a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, or (8) the credential of Approved Deaf Interpreter by the Massachusetts Commission on the Deaf and Hard of Hearing.

or (5) Perform the function of or convey the impression that he or she is anPublic interpreterAct orNo. transliterator.

22-31 6 of 11 Substitute House Bill No.

5230 an interpreter or transliterator.

(h) The following individuals shall be exempt from the registration LCOrequirements {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05236 of 11this R02-HB.docxsection: } Substitute Bill No.

5230 requirements of this section:

or (4) An interpreter who is certified by a recognized national professional certifying body such as the National Registry of InterpretersPublic forAct theNo. Deaf or the National Association of the Deaf or a recognized state professional certifying body from outside the state and provides interpreting services in the state for a period of time not exceeding fourteen days during a calendar year.

22-31 7 of 11 Substitute House Bill No.

5230 Interpreters for the Deaf or the National Association of the Deaf or a recognized state professional certifying body from outside the state and provides interpreting services in the state for a period of time not exceeding fourteen days during a calendar year.

[(j) Any person may report aviolationof the provisions ofthis section to the nonprofit entity designated by the Governor in accordance with LCOsection {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-0523746a-10b to serve as the state's protection and advocacy system for persons with disabilities.] (j) Any person who is not registered in accordance with this section who represents himself or herself as an interpreter registered with the Department of 11Aging R02-HB.docxand }Disability SubstituteServices, Billor No.who engages in wilful or fraudulent misrepresentation of his or her credentials in an attempt to register with the department, shall be guilty of a class C misdemeanor.

5230 section 46a-10b to serve as the state's protection and advocacy system for persons with disabilities.] (j) Any person who is not registered in accordance with this section who represents himself or herself as an interpreter registered with the Department of Aging and Disability Services, or who engages in wilful or fraudulent misrepresentation of his or her credentials in an attempt to register with the department, shall be guilty of a class C misdemeanor.

(1) "Deaf person" means a person who has a hearing loss which is so severePublic thatAct theNo. person has difficulty in processing linguistic information through hearing, with or without amplification or other assistive technology;

22-31 8 of 11 Substitute House Bill No.

5230 severe that the person has difficulty in processing linguistic information through hearing, with or without amplification or other assistive technology;

(4) "American Sign Language" or "ASL" means the visual language LCOused {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05238by deaf and hard of 11hearing R02-HB.docxpersons }in Substitutethe BillUnited No.States and Canada,withsemantic,syntactic,morphologicalandphonologicalrules distinct from the English language;

5230 used by deaf and hard of hearing persons in the United States and Canada,withsemantic,syntactic,morphologicalandphonologicalrules distinct from the English language;

(8)Public "PrimaryAct language,No. communication mode or style" means the language, communication mode or style which is preferred by and most effective for a particular person, or as determined by an appropriate language assessment undertaken by persons proficient in the language, communication mode or style being assessed;

22-31 9 of 11 Substitute House Bill No.

5230 (8) "Primary language, communication mode or style" means the language, communication mode or style which is preferred by and most effective for a particular person, or as determined by an appropriate language assessment undertaken by persons proficient in the language, communication mode or style being assessed;

and (10) "Accessible mental health services" means the provision of a full continuum of mental health services with the use of auxiliary aids and services necessary for a deaf, deafblind or hard of hearing person to communicate with appropriately qualified mental health professionals LCOwho {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05239are not fluent in the primary language, communication mode or style of 11the R02-HB.docxperson }requiring Substitutesuch Billservices, No.including, but not limited to, qualified interpreters utilizing the language or communication mode used by such person, written communications or assistive listening devices.