CHAPTER 622B
DEAF AND HARD-OF-HEARING PERSONS — INTERPRETERS

Procedures upon arrest of deaf or hard-of-hearing persons; see §804.31

  
     
622B.1  Definitions — rules.
  1.  As used in this chapter, unless the context otherwise requires:
  a.  “Administrative agency” means any department, board, commission, or agency of the state or any political subdivision of the state.
  b.  “Deaf person” means an individual who uses sign language as the person’s primary mode of communication and who may use sign language interpreters to facilitate communication.
  c.  “Hard-of-hearing person” means an individual who is unable to hear and distinguish sounds within normal conversational range and who needs to use speechreading, assistive listening devices, or other reasonable accommodations to facilitate communication.
  d.  “Sign language interpreter” means a person who is able to interpret from sign language into an oral language and from an oral language into sign language.
  2.  The supreme court, after consultation with the department of health and human services, shall adopt rules governing the qualifications and compensation of sign language interpreters appearing in a legal proceeding or before an administrative agency under this chapter. However, an administrative agency which is subject to chapter 17A may adopt rules differing from those of the supreme court governing the qualifications and compensation of sign language interpreters appearing in proceedings before that agency.
[C81, §622B.1]
85 Acts, ch 131, §1; 88 Acts, ch 1134, §108; 93 Acts, ch 75, §7; 2021 Acts, ch 77, §13; 2023 Acts, ch 19, §1272
Referred to in §321.189, 321.190, 804.31
Rules adopted by the supreme court are published in the compilation “Iowa Court Rules” 
Subsection 2 amended

     
622B.2  Interpreter appointed.
  If a deaf or hard-of-hearing person is a party to, a witness at, or a participant in a proceeding before a grand jury, court, or administrative agency of this state, the court or administrative agency shall appoint a sign language interpreter without expense to the deaf or hard-of-hearing person to interpret or translate the proceedings to the deaf or hard-of-hearing person and to interpret or translate the person’s testimony unless the deaf or hard-of-hearing person waives the right to a sign language interpreter.
[C81, §622B.2]
93 Acts, ch 75, §8; 2021 Acts, ch 77, §14
Referred to in §804.31

     
622B.3  Notice of need.
  When a deaf or hard-of-hearing person is entitled to a sign language interpreter, the deaf or hard-of-hearing person shall notify the presiding official within three days after receiving notice of the proceeding, stating the disability and requesting the services of a sign language interpreter. If the deaf or hard-of-hearing person receives notification of an appearance less than five days prior to the proceeding, that person shall notify the presiding official requesting a sign language interpreter as soon as practicable or may apply for a continuance until a sign language interpreter is appointed.
[C81, §622B.3]
93 Acts, ch 75, §9; 2021 Acts, ch 77, §15

     
622B.4  List.
  The office of deaf services of the department of health and human services shall prepare and continually update a listing of qualified and available sign language interpreters. The courts and administrative agencies shall maintain a directory of qualified interpreters for deaf and hard-of-hearing persons as furnished by the department of health and human services. The office of deaf services of the department of health and human services shall maintain a list of sign language interpreters which shall be made available to a court, administrative agency, or interested parties to an action using the services of a sign language interpreter.
[C81, §622B.4]
88 Acts, ch 1134, §109; 93 Acts, ch 75, §10; 96 Acts, ch 1162, §1; 2021 Acts, ch 77, §16; 2023 Acts, ch 19, §1273
Section amended

     
622B.5  Oath.
  Before participating in a proceeding, a sign language interpreter shall take an oath that the sign language interpreter will make a true interpretation in an understandable manner to the person for whom the sign language interpreter is appointed and that the sign language interpreter will interpret or translate the statements of the deaf or hard-of-hearing person to the best of the sign language interpreter’s skills and judgment.
[C81, §622B.5]
93 Acts, ch 75, §11; 2021 Acts, ch 77, §17

     
622B.6  Privileged communications.
  Communication between a deaf or hard-of-hearing person and a third party which is privileged under chapter 622 in which the sign language interpreter participates as a sign language interpreter shall be privileged to the sign language interpreter.
[C81, §622B.6]
93 Acts, ch 75, §12; 2021 Acts, ch 77, §18

     
622B.7  Fee.
  A sign language interpreter appointed under this chapter is entitled to a reasonable fee and expenses as determined by the rules applying to that proceeding. This schedule shall be furnished to all courts and administrative agencies and maintained by them. If the sign language interpreter is appointed by the court, the fee and expenses shall be paid by the county and if the sign language interpreter is appointed by an administrative agency, the fee and expenses shall be paid out of funds available to the administrative agency.
[C81, §622B.7]
83 Acts, ch 123, §199, 209; 93 Acts, ch 75, §13; 2021 Acts, ch 77, §19
Referred to in §331.424, 815.11

     
622B.8  Disqualification.
  On motion of a party or on its own motion, a court or administrative agency shall inquire into the qualifications, neutrality, and integrity of a sign language interpreter. A court or administrative agency may disqualify for good reason any person from serving as a sign language interpreter in that proceeding. If a sign language interpreter is disqualified, the court or administrative agency shall appoint another sign language interpreter.
[C81, §622B.8]
2021 Acts, ch 77, §20