House of Representatives

SB 1151

deaf; commission; continuation; interpreters; licensure

Sponsors: Seantor Grace; Representative Gerard; Senator Richardson

 

X

Committee on Health

 

Caucus and COW

 

 

As Passed the House

 

SB 1151 changes the name of the Arizona Council for the Hearing Impaired (council) to the Commission for the Deaf and Hard of Hearing (commission), extends the commission for ten years, makes several changes the commission and provides for the licensing of interpreters.

 

History

With the passage of the Americans with Disabilities Act of 1990 (ADA), the demand for interpreters greatly increased as many public and private organizations were not required to provide qualified interpreters.  The ADA specifies that a qualified interpreter is one who is able to interpret effectively, accurately, and impartially.  In the 1999 Performance Audit of the Arizona Council for the Hearing Impaired (council), the Auditor General recommended that steps be taken to increase the number of qualified interpreters for the deaf and hard of hearing.  Qualified interpreters who possess the skills to interpret under various circumstances are in high demand, as accurate interpretation is required in situations such as court proceedings and complex medical settings.

 

The Auditor General found that current interpreter training programs do not sufficiently prepare interpreters.  Within Arizona, there are two associate-degree level two-year interpreter training programs available, but Arizona’s universities do not offer a four-year program, where 17 universities throughout the country offer bachelor- or graduate-level interpreter training programs.

 

Provisions

 

Commission for the Deaf and Hard of Hearing

 

·                      Requires rather than allows the court to:

·                      Appoint an interpreter for a court proceeding involving a juvenile whose parents are deaf.

·                      Permit the interpreter or the deaf person to nominate an alternate interpreter if one of the parties deems the communication ineffective.

·                      Modifies the definition of qualified interpreter to mean a person who has a valid license rather than a certificate.

·                      Changes the name of the Council for the Hearing Impaired to the Commission for the Deaf and the Hard of Hearing (Commission)

·                      Defines commission, deaf, hard of hearing, interpreting, necessary specialized vocabulary, and PTA-2.

·                      Removes the following members from the commission:

·                       Employee of DHS.

·                       Employee from the department of education.

·                      Licensed medical doctor.

·                      Licensed hearing aid dispenser.

·                      Reduces both the number of deaf and hard of hearing members from five to four.

·                      Stipulates that members may be reappointed once, and that the Governor may remove a member for good cause.

·                      Changes the title of executive secretary to executive director, and states that this person may not be a commission member.

·                      Provides that the commission is funded by fees, penalties and legislative appropriations.  In addition, the commission may accept federal monies and private grants and contributions which do not revert to the state general fund.

·                      Adds the following responsibilities to the commission:

·                      Collaborate with colleges and universities to develop interpreter training and degree programs.

·                      Develop standards and procedures for the certification of sign language teachers to teach American sign language.

·                      License interpreters starting September 1, 2007.

 

Licensure of Interpreters

·                      A person shall not interpret for the deaf and hard of hearing without a license.

·                      The commission is required by rule to establish requirements regarding education, examinations and work history for legal, generalist, and provisional interpreters.

·                      The article does not apply to the following:

·                      Interpreters working in the state for fewer than 20 days.

·                      Interpreters for religious activities.

·                      Interpreters providing service in an emergency situation.

·                      Interpreters who work on a voluntary basis, in non-legal situations.

·                      Interpreters who work in schools, provided the qualifications are established by the individual education plan of the student, and the parents are informed that they can request an interpreter who is licensed.

·                      Interning interpreters or those in training, provided the interpreter is enrolled in an accredited program of study, or is under the supervision of a licensed interpreter and all parties involved are informed that the person is in training.

·                      A person not licensed shall not falsely identify themselves as a licensed interpreter, practice as an interpreter, or use another person’s license.  Violation is a class 2 misdemeanor (up to four months in jail / up to $750 fine for persons or up to a $10,000 fine for enterprises).

·                      An applicant must show proof that education, examination, and work history requirements have been met, and an application and fee must be submitted to receive a license.

·                      The license shall be renewed annually on the licensee’s birthday by submitting a renewal application and fee, and will be terminated 30 days after that date if it is not renewed.  A late fee will be assessed for a late renewal.  Renewal may not be done more than 60 days prior to the licensee’s birthday.

·                      A person whose license is terminated must submit an application and application fee as an original applicant.

·                      The commission may require by rule continued education as a condition of license renewal.

·                      The commission may refuse to renew a license under certain circumstances.

·                      The commission may suspend or revoke a license or place a licensee on probation, issue a reprimand or impose a civil penalty.

·                      Notice of disciplinary action shall be given to the licensee, as well as the opportunity for a hearing.

·                      The commission may issue subpoenas, question witnesses and administer oaths, and may also copy any documents, reports, records or other evidence of anyone being investigated.

·                      The commission may apply for an injunction through the Attorney General or the County Attorney if a violation is alleged.

 

Other Provisions

·                      Strikes the  requirement of the commission to maintain an office within the rehabilitation services bureau of the department of economic security. 

·                      Contains conforming language.

·                      Continues the commission beyond its July 1, 2000 sunset termination date to July 1, 2010, and includes a retroactivity date of July 1, 2000 and a purpose clause.

·                      Includes a reporting requirement regarding licensure of interpreters and language pertaining to retention of  current commission members.

·                      Contains an effective date of October 1, 2007 regarding the section pertaining to the licensure for interpreters.

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·                      44th Legislature                                                                               Analyst Initials _______

·                      Second Regular Session                                                                                   March 7, 2000

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