S05712 Summary:

BILL NOS05712
 
SAME ASNo same as
 
SPONSORROBACH
 
COSPNSR
 
MLTSPNSR
 
Add Art 167 SS8800 - 8805, Ed L
 
Relates to the licensing of sign language interpreters and creates a state board for sign language interpreting.
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S05712 Actions:

BILL NOS05712
 
06/06/2013REFERRED TO HIGHER EDUCATION
01/08/2014REFERRED TO HIGHER EDUCATION
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S05712 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5712
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      June 6, 2013
                                       ___________
 
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
 
        AN ACT to amend the education law, in relation to the licensing of  sign
          language  interpreters  and  creating  a state board for sign language
          interpreting
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new article 167 to
     2  read as follows:
     3                                 ARTICLE 167
     4                         SIGN LANGUAGE INTERPRETERS
     5  Section 8800. Introduction.
     6          8801. Definitions.
     7          8802. Practice of sign language interpreting.
     8          8803. State board for sign language interpreting.
     9          8804. Licensing requirements.
    10          8805. Exempt persons.
    11    §  8800.  Introduction. This article applies to the profession of sign
    12  language  interpreter.  The  general  provisions  for  all   professions

    13  contained  in  article  one  hundred  thirty of this title apply to this
    14  article.
    15    § 8801. Definitions. As used in this article:
    16    (1) "Client" means a deaf or hard of hearing person for whom an inter-
    17  preter provides sign language interpretation services.
    18    (2) "Board" means the board for sign language interpreting.
    19    § 8802. Practice of sign language  interpreting.  (1)  Only  a  person
    20  licensed  or otherwise authorized under this article shall practice sign
    21  language interpreting or use the title of sign language interpreter.
    22    (2) No person may, for compensation, provide sign language interpreta-
    23  tion services for a client unless the person is licensed by the  depart-
    24  ment.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11398-01-3

        S. 5712                             2
 
     1    §  8803. State board for sign language interpreting. (1) A state board
     2  for sign language interpreting  shall  be  appointed  by  the  board  of
     3  regents on recommendation of the commissioner for the purpose of assist-
     4  ing  the  board of regents and the department on matters of professional
     5  licensing and professional conduct in accordance with section sixty-five
     6  hundred  eight  of  this title. The board shall consist of not less than

     7  seven members who shall serve three year terms, one of whom shall be the
     8  executive director of the office of professions or  a  designee  of  the
     9  commissioner  and  the following seven members who shall be nominated by
    10  the governor and appointed with the advice and consent of the  temporary
    11  president of the senate and the speaker of the assembly:
    12    (a)  three  deaf  or  hard of hearing individuals who are currently or
    13  have previously been clients of a sign language  interpreter,  at  least
    14  one  of  whom  is a graduate of a residential school for the deaf and at
    15  least one of whom is a graduate of a private or public  school  that  is
    16  not a residential school for the deaf;
    17    (b)  two  sign  language  interpreters  who  have  been licensed under

    18  section eighty-eight hundred four of this article, at least one of  whom
    19  holds a professional license; and
    20    (c) one individual who is a member of the Empire State Association for
    21  the Deaf.
    22    (2)  The  board shall make recommendations to the department regarding
    23  the promulgation of rules establishing a code of ethics that governs the
    24  professional conduct of sign language interpreters licensed  under  this
    25  article  and  shall promulgate rules establishing a process and criteria
    26  for granting licensing exemptions  under  section  eighty-eight  hundred
    27  five of this article.
    28    §  8804.  Licensing  requirements.  To qualify for a license as a sign
    29  language interpreter, an applicant shall fulfill the following  require-

    30  ments:
    31    (1)  Professional  licenses.  (a) The department shall grant a profes-
    32  sional license as a sign language interpreter to an applicant  who:  (i)
    33  submits an application on a form provided by the department;
    34    (ii)  pays  a  fee  of one hundred forty dollars to the department for
    35  admission to a department  conducted  examination  and  for  an  initial
    36  license,  a  fee of seventy dollars for each reexamination, a fee of one
    37  hundred fifteen dollars for an initial license for persons not requiring
    38  admission to a department  conducted  examination,  and  a  fee  of  one
    39  hundred fifty-five dollars for each five year registration period;
    40    (iii)  possesses  a  valid  certification  granted  by the Registry of

    41  Interpreters for the Deaf, Inc., or its successor, or any valid  certif-
    42  ication granted by any other organization that the department determines
    43  is  substantially  equivalent to a certification granted by the Registry
    44  of Interpreters for the Deaf, Inc.
    45    (b) The department shall  grant  a  professional  license  as  a  sign
    46  language  interpreter to an applicant who: (i) submits an application on
    47  a form provided by the department;
    48    (ii) pays a fee of one hundred forty dollars  to  the  department  for
    49  admission  to  a  department  conducted  examination  and for an initial
    50  license, a fee of seventy dollars for each reexamination, a fee  of  one
    51  hundred fifteen dollars for an initial license for persons not requiring

    52  admission  to  a  department  conducted  examination,  and  a fee of one
    53  hundred fifty-five dollars for each five year registration period;
    54    (iii) possesses a valid  certification  granted  by  the  Registry  of
    55  Interpreters for the Deaf, Inc., or its successor; and

        S. 5712                             3
 
     1    (iv)  provides  satisfactory evidence to the department of a diagnosis
     2  by a physician that the applicant is deaf or hard of hearing.
     3    (c)  The  department  shall  grant  a  professional  license as a sign
     4  language interpreter to an out-of-state applicant who:   (i) submits  an
     5  application on a form provided by the department;
     6    (ii)  pays  a  fee  of one hundred forty dollars to the department for

     7  admission to a department  conducted  examination  and  for  an  initial
     8  license,  a  fee of seventy dollars for each reexamination, a fee of one
     9  hundred fifteen dollars for an initial license for persons not requiring
    10  admission to a department  conducted  examination,  and  a  fee  of  one
    11  hundred fifty-five dollars for each five year registration period; and
    12    (iii)  within  twenty-four  months after establishing residency in the
    13  state, provides evidence satisfactory to the department that the  appli-
    14  cant  possesses  a valid certification granted by the Registry of Inter-
    15  preters for the Deaf, Inc., or its successor, or any valid certification
    16  granted by any other organization  that  the  department  determines  is

    17  substantially  equivalent  to a certification granted by the Registry of
    18  Interpreters for the Deaf, Inc.,  or  their  successors,  and  that  the
    19  applicant  possessed  the certification at the time the applicant estab-
    20  lished residency in this state.
    21    (2) Provisional licenses. (a) The department shall grant a provisional
    22  license as a sign language interpreter to an applicant who: (i)  submits
    23  an application on a form provided by the department;
    24    (ii)  pays  a  fee  of one hundred forty dollars to the department for
    25  admission to a department  conducted  examination  and  for  an  initial
    26  license,  a  fee of seventy dollars for each reexamination, a fee of one
    27  hundred fifteen dollars for an initial license for persons not requiring

    28  admission to a department  conducted  examination,  and  a  fee  of  one
    29  hundred fifty-five dollars for each two year registration period;
    30    (iii)  submits evidence satisfactory to the department that the appli-
    31  cant has passed the written examination administered by the Registry  of
    32  Interpreters for the Deaf, Inc., or its successor; and
    33    (iv) is an associate or student member of the Registry of Interpreters
    34  for the Deaf, Inc., or its successor.
    35    (b)  The  department  shall  grant  a  provisional  license  as a sign
    36  language interpreter to an applicant who: (i) submits an application  on
    37  a form provided by the department;
    38    (ii)  pays  a  fee  of one hundred forty dollars to the department for

    39  admission to a department  conducted  examination  and  for  an  initial
    40  license,  a  fee of seventy dollars for each reexamination, a fee of one
    41  hundred fifteen dollars for an initial license for persons not requiring
    42  admission to a department  conducted  examination,  and  a  fee  of  one
    43  hundred fifty-five dollars for each two year registration period;
    44    (iii)  submits evidence satisfactory to the department that the appli-
    45  cant has completed eight hours of training sponsored by the Registry  of
    46  Interpreters for the Deaf, Inc., or its successor, on the role and func-
    47  tion of deaf interpreters;
    48    (iv)  submits  evidence satisfactory to the department that the appli-
    49  cant has completed eight hours of training sponsored by the Registry  of

    50  Interpreters  for  the  Deaf,  Inc.,  or  its successor, on professional
    51  ethics;
    52    (v) has obtained letters of recommendation from at least  three  indi-
    53  viduals who have held national certification for at least five years and
    54  who are members in good standing of the Registry of Interpreters for the
    55  Deaf,  Inc., or its successor, if the letters together document that the
    56  applicant has completed at least forty hours of mentoring, including  at

        S. 5712                             4
 
     1  least  twenty  hours  observing professional work and at least ten hours
     2  observing certified deaf interpreters;
     3    (vi)  has  completed  at  least  forty hours of training consisting of

     4  workshops sponsored by the Registry of Interpreters for the Deaf,  Inc.,
     5  or its successor;
     6    (vii)  is an associate or student member of the Registry of Interpret-
     7  ers for the Deaf, Inc., or its successor; and
     8    (viii) possesses a high school diploma or an equivalency degree.
     9    (c) A provisional license granted pursuant to paragraph (a) or (b)  of
    10  this  subdivision  may  be  renewed  a maximum of two times.  A licensee
    11  shall notify the department  in  writing  within  thirty  days  if  such
    12  licensee's  certification  or  membership  requirements  are  revoked or
    13  invalidated, upon which the  department  shall  revoke  any  provisional
    14  license issued pursuant to paragraph (a) or (b) of this subdivision.

    15    §  8805.  Exempt  persons.  (1)  The  department may grant a temporary
    16  exemption to an individual who is not a resident of  this  state  for  a
    17  period  not  to exceed twenty days if the individual is certified by the
    18  Registry of Interpreters for the  Deaf,  Inc.,  or  its  successor.  The
    19  department   may  not  grant  an  individual  more  than  two  temporary
    20  exemptions per year pursuant to this subdivision.
    21    (2) The department may grant a temporary or permanent exemption to  an
    22  individual who is a resident of this state for a period specified by the
    23  department.
    24    § 2. This act shall take effect on the one hundred twentieth day after
    25  it shall have become a law.
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