ARIZONA STATE SENATE
Phoenix, Arizona
deaf; commission;
continuation; interpreters; licensure
Continues
the Commission for the Deaf and the Hard of Hearing (currently the Council for the
Hearing Impaired) until July 1, 2010, and establishes licensure, rather than
certification, for interpreters effective September 1, 2007.
In
1977, the Legislature established the Council for the Deaf as an advocacy
program for Arizona’s deaf population.
In 1985, the focus of the Council for the Deaf was expanded to include
the hard of hearing and the agency was renamed as the Arizona Council for the
Hearing Impaired (Council). The Council’s mission is to improve the quality of
life for the deaf and hard of hearing in this state. The 19-member Council
fulfills its role as the state advocacy program for the deaf and hard of
hearing by serving as a statewide information and referral center for the deaf
and hard of hearing as well as other consumers, legislators, governmental
agencies and businesses.
The Council’s primary
responsibilities are to be a source for information and referral services,
administer court interpreter certification requirements, administer the state’s
teletypewriters (TTYs) program for Arizona’s deaf, hard of hearing and speech
impaired population, and ensure the availability of telecommunications relay
services for two-way communication between nonvoice communication devices, such
as TTYs, and voice communication devices.
In August 1999, the Office of the Auditor General (OAG) released a performance audit of the Council which presented two findings and related recommendations. The OAG’s first finding states the Council needs to take steps to increase the number of qualified interpreters for the deaf and hard-of-hearing in Arizona. The second finding states the Council should consider contracting out its TTY distribution program or make improvements to the program, as the current inventory-tracking system does not allow for proper accountability. With respect to licensure of interpreters, the OAG states literature suggests licensure would not be appropriate or necessary at this time because it may limit the supply of interpreters, licensure does not guarantee an improvement in skills, and it is difficult to demonstrate public harm.
In response to the OAG findings and recommendations, the
Council explained the demand for qualified interpreters has significantly
increased in this state, and nationally, and recommended licensure standards
for interpreters. The Council also
identified a lack of standardized criteria for evaluating and hiring
interpreters in public schools.
Additionally, the Council informed the COR of a need to create and
expand existing sign language interpreting training programs. The Council also responded to the OAG
finding concerning TTY distribution.
The Council stated it is issuing an RFP to contract for part of the program.
The
Senate Health and House of Representatives Health Committees of Reference made
several recommendations including: continuing the Council for ten years,
requiring licensure of interpreters, reducing, from 19 to 13, the size of the
Council membership, and renaming the Council to the Commission for the Deaf and
Hard of Hearing. S.B. 1151 reflects the
recommendations of the Committee of Reference.
There
is no discernable impact to the general fund associated with this legislation.
1. Requires the Court or appointing authority to permit the interpreter or the deaf person to nominate a qualified intermediary interpreter to provide interpreting services if the interpreter or the deaf person determines effective communication is not occurring rather than allowing the Court or appointing authority to permit the deaf person to nominate another person to act as an intermediary interpreter if the only available interpreter does not possess adequate skills for the particular situation.
2. Modifies the membership of the Commission by eliminating the members from the Departments of Health Services and Education, a physician licensed by the Allopathic Board of Medical Examiners, a member who is a licensed hearing aid dispenser, one member who is deaf, and one member who is hard of hearing.
3. Limits members of the Commission to one reappointment and allows the Governor to remove a member for cause.
4. Establishes the position of executive director, rather than executive secretary, to the Commission who serves at the pleasure of the Commission. Allows the executive director to be a person who is hard of hearing. Prohibits the executive director from being a Commission member. Specifies the executive director is eligible to receive compensation set by the Commission.
5. Eliminates the requirement that the Commission maintain an office within the Rehabilitation Services Bureau of the Department of Economic Security.
6. Establishes the Commission for the Deaf and Hard of Hearing Fund (fund) consisting of fees, penalties and legislative appropriations. Requires the Commission to administer the fund and subjects monies in the fund to legislative appropriation.
7. Allows the Commission to accept and spend federal monies and private grants, gifts, contributions and devices. Prohibits federal monies and private grants, gifts and contributions from reverting to the general fund.
8. Requires the Commission to help establish partnerships with colleges and universities in Arizona to provide interpreter training and degree programs, and by rule, establish standards and procedures to certify sign language teachers to teach American Sign Language.
Licensure
9. Prohibits, beginning September 1, 2007, a person from practicing as an interpreter without a license issued by the Commission. Applies licensure requirements to interpreters who provide services for legal proceedings.
10. Requires the Commission, by Rule, to prescribe education, examination and work history requirements for legal, generalist, and provisional licenses. Exempts specified interpreters from the licensure requirements.
11. Prohibits a person not licensed by the Commission: from using any title, abbreviation, words, letters, signs or figures to indicate they are licensed, from practicing as an interpreter, and from using another person’s license. Prescribes a class 2 misdemeanor for a violation.
12. Requires a person to submit an application and fee, prescribed by the Commission, to receive a license to practice as an interpreter, and to document to the Commission’s satisfaction that the applicant has successfully completed the requirements for the category of license applied for.
13. Requires the Executive Director to issue a license when an applicant satisfies all the licensure requirements and subjects a license to annual renewal, on the licensee’s birthday, and terminates the license 30 days after that date, unless renewed.
14. Requires a licensee to renew a license not earlier than 60 days and not later than 30 days before the license expires by submitting a renewal fee and completed renewal form. Assesses a penalty fee for late renewal, prescribed by the Commission, and specifies a person practicing with an expired license has committed a violation.
15. Requires a person whose license has terminated to submit an application and fee as an original applicant for licensure.
16. Allows the Commission to prescribe continuing education requirements as a condition of licensure renewal.
17. Allows the Commission to refuse to issue or renew a license, or revoke or suspend a license, place a licensee on probation, issue a reprimand or impose a civil penalty under specified circumstances.
18. Requires the Commission, prior to taking disciplinary action, to give a licensee notice and an opportunity for a hearing. Allows the Commission to issue subpoenas, examine witnesses and administer oaths pursuant to holding a hearing.
19. Specifies the Commission has the right at all times, in connection with a Commission investigation, to examine and copy documents maintained by and in the possession of any public or private agency if the Commission believes the information is related to unprofessional conduct or the ability of the licensee to practice.
20. Allows the Commission, in addition to all other available remedies, to apply to the Superior Court for an injunction restraining a person from engaging in a violation the Commission believes the person has committed.
21. Requires the Court to issue a temporary restraining order, a preliminary injunction or a permanent injunction without requiring the Commission to post a bond. Allows service of process to occur on the defendant in any county of Arizona where the defendant is found.
22. Continues the Commission until July 1, 2010 and the Commission’s enabling statutes until January 1, 2011, retroactively effective July 1, 2000.
23. Establishes licensure, rather than certification, for qualified interpreters authorized by the Commission.
24. Renames the “Council for the Hearing Impaired” the “Commission for the Deaf and the Hard of Hearing”.
25. Prescribes definitions.
26. Makes technical and conforming changes.
27. Provides for a general effective date.
Prepared by Senate Staff
January 18, 2000