SIGN LANGUAGE INTERPRETERS AND TRANSLITERATORS

chapter 361	licensure of sign language interpreters and transliterators	
chapter 362	continuing education for sign language interpreters and transliterators	
chapter 363	discipline for sign language interpreters and transliterators	
CHAPTER 361
LICENSURE OF SIGN LANGUAGE INTERPRETERS AND TRANSLITERATORS
645—361.1(154E) Definitions. For purposes of these rules, the following definitions shall apply:
“Active interpreter or transliterator services” means the actual time spent personally providing interpreting or transliterating services. When in a team interpreting situation, the time spent monitoring while the team interpreter is actively interpreting shall not be included in the time spent personally providing interpreting or transliterating services.
“Active license” means a license that is current and has not expired.
“Board” means the board of sign language interpreters and transliterators.
“Direct supervision of a temporary license holder” means board review of a temporary license holder’s evidence of professional development and continuing educational training or in-person monitoring of interpreting or transliterating services in the same room as the temporary license holder providing those services, as outlined in subrule 361.2(6).
“Grace period” means the 30-day period following expiration of a license when the license is still considered to be active. In order to renew a license during the grace period, a licensee is required to pay a late fee.
“Inactive license” means a license that has expired because it was not renewed by the end of the grace period. The category of “inactive license” may include licenses formerly known as lapsed, inactive, delinquent, closed, or retired.
“Licensee” means any person licensed to practice as a sign language interpreter or transliterator in the state of Iowa.
“License expiration date” means June 30 of odd-numbered years.
“Licensure by endorsement” means the issuance of an Iowa license to practice as a sign language interpreter or transliterator to an applicant who is or has been licensed in another state.
“Reactivate” or “reactivation” means the process as outlined in rule 361.9(17A,147,272C) by which an inactive license is restored to active status.
“Reciprocal license” means the issuance of an Iowa license to practice as a sign language interpreter or transliterator to an applicant who is currently licensed in another state that has a mutual agreement with the Iowa board of sign language interpreters and transliterators to license persons who have the same or similar qualifications to those required in Iowa.
“Reinstatement” means the process as outlined in 645—11.31(272C) by which a licensee who has had a license suspended or revoked or who has voluntarily surrendered a license may apply to have the license reinstated, with or without conditions. Once the license is reinstated, the licensee may apply for active status.
“Supervisor” means a sign language interpreter or transliterator licensed pursuant to Iowa Code section 154E.3 and subrule 361.2(1) who provides on-site evaluations and advisory sessions with a temporary license holder for the purpose of the professional development of that temporary license holder.
645—361.2(154E) Requirements for licensure.
	361.2(1) The following criteria shall apply to licensure:
	a. 	The applicant shall complete a board-approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to Board of Sign Language Interpreters and Transliterators, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.
	b. 	The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board until properly completed.
	c. 	Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Sign Language Interpreters and Transliterators. The fees are nonrefundable.
	d. 	No application will be considered by the board until the applicant successfully passes one of the following examinations:
	(1)	National Association of the Deaf (NAD) examination level III or above; or
	(2)	One of the following examinations of the Registry of Interpreters for the Deaf National Testing System (NTS):
	1.	Certificate of Interpretation (CI); or
	2.	Certificate of Transliterating (CT); or
	3.	Certificate of Interpretation/Certificate of Transliterating (CI/CT); or
	4.	Interpreting Certificate/Transliterating Certificate (IC/TC); or
	5.	Comprehensive Skills Certificate (CSC); or
	6.	Certificate Deaf Interpreter (CDI); or
	(3)	The National Council on Interpreting National Interpreters Certification (NIC) Generalist Test, Certified Deaf Interpreter Test, or Oral Transliteration Test;
	(4)	The Educational Interpreter Performance Assessment (EIPA) with a score of 3.5 or above obtained after December 31, 1999; or
	(5)	The Cued Language Transliterator National Certification Examination (CLTNCE).
	e. 	It is the responsibility of the applicant to make arrangements to take the examination and have the official results submitted directly to the Board of Sign Language Interpreters and Transliterators.
	361.2(2) Licensees who were issued their licenses within six months prior to the renewal shall not be required to renew their licenses until the renewal cycle two years later.
	361.2(3) Incomplete applications that have been on file in the board office for more than two years shall be considered invalid and shall be destroyed.
	361.2(4) An applicant for licensure who has not successfully completed the board-approved examination set forth in paragraph 361.2(1)“d” but has complied with all other requirements in paragraphs 361.2(1)“a” through “c” shall be issued a temporary license to practice interpreting through the end of the then-current biennial license period. A temporary license holder may renew a temporary license once, for the immediately following biennial license period.
	361.2(5) An applicant who is issued a temporary license is subject to the same criteria as a licensed interpreter or transliterator as defined in Iowa Code chapters 154E and 147 and 645—Chapters 361 through 363.
	361.2(6) Beginning July 1, 2007, and ending June 30, 2009, a temporary license holder shall be required to:
	a. 	Provide to the board, by June 30 of each year in which the temporary license is held, demographic, educational and professional study information on a form prescribed by the board; and
	b. 	Meet the requirements of either subparagraph (1) or (2) for the biennial license period:
	(1)	Provide services under the direct supervision of a sign language interpreter or transliterator licensed pursuant to Iowa Code section 154E.3. Providing such services under this subparagraph requires the temporary license holder during each year of the biennial license period to:
	1.	Have a supervisor observe the temporary license holder in active practice for no fewer than six consecutive, bimonthly (a total of six per year) on-site observation sessions at events lasting at least 30 minutes, if the temporary license holder is working alone in providing active interpreter or transliterator services, or at least 60 minutes, if the temporary license holder is working in a team interpreting situation.
	2.	Attend at least six consecutive, bimonthly (a total of six per year) advisory sessions with the supervisor for the purpose of discussing the supervisor’s suggestions for professional skill development based on the on-site observation sessions. An advisory session may occur immediately following an on-site observation session if the setting is appropriate. The advisory session shall involve only the temporary license holder and supervisor.
	3.	Enter into a written agreement with the supervisor in which the temporary license holder and the supervisor agree to the minimum requirements provided in numbered paragraphs 361.2(6)“b”(1)“1” and “2.” The agreement shall be signed and dated by the temporary license holder and the supervisor; shall include the temporary license holder’s and supervisor’s names, addresses and contact information; and shall be provided to the board upon request.
	4.	Maintain an event log documenting the date, time, length of observation and setting of each on-site observation session and advisory session. The temporary license holder shall ensure that the supervisor places initials beside each event entry to verify the occurrence of the observation or advisory session. This event log shall be provided to the board upon request.
	5.	Ensure that the supervisor attends both the on-site observation sessions and advisory sessions or reschedules the sessions as necessary to ensure compliance.
	6.	Comply with the required on-site observation and advisory session obligations. If there is a need to change supervisors for any reason, the temporary license holder shall be responsible for developing a new written agreement with the new supervisor. Changes in supervisors shall not excuse noncompliance with on-site observation and advisory session obligations.
	7.	Obtain permission from clients as necessary to allow the supervisor to be in attendance during the observation sessions.
	(2)	Complete during each year of the biennial license period a minimum of 30 hours (3.0 CEUs) of continuing education in areas of professional studies that conform to the requirements of 645—subparagraph 362.3(2)“a”(2). The temporary license holder shall submit to the board copies of certificates of completion issued to the temporary license holder evidencing successful completion of continuing education courses meeting the requirements of 645—subparagraph 362.3(2)“a”(2). Submittal of the copies of certificates of completion does not relieve the licensee of the requirement of providing additional information regarding this continuing education as required in 645—subrule 4.11(2) if the licensee is audited.
	361.2(7) As an Iowa-licensed practitioner in accordance with this chapter, a supervisor providing direct supervision of a temporary license holder as provided in subparagraph 361.2(6)“b”(1) is obligated to report to the board interpreters or transliterators who are not practicing in compliance with Iowa law and rules including, but not limited to, Iowa Code chapter 154E and 645—Chapters 361 through 363.
[ARC 7643B, IAB 3/25/09, effective 4/29/09]
645—361.3(154E) Licensure by endorsement. An applicant who has been a licensed sign language interpreter or transliterator under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:
	1.	Submits to the board a completed application;
	2.	Pays the licensure fee;
	3.	Shows evidence of licensure requirements that are similar to those required in Iowa;
	4.	Provides an equivalency evaluation of foreign educational credentials sent directly from the equivalency service to the board;
	5.	Provides:
	●	Examination scores which shall be sent directly from the examination service to the board; or
	●	A notarized certificate which shall be submitted showing proof of the successful completion of the examination specified in rule 361.2(154E); and
	6.	Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification directly from the jurisdiction’s board office if the verification provides:
	●	The licensee’s name;
	●	The date of initial licensure;
	●	Current licensure status; and
	●	Any disciplinary action taken against the license.
645—361.4(147) Licensure by reciprocal agreement. Rescinded IAB 9/24/08, effective 10/29/08.
645—361.5(154E) License renewal.
	361.5(1) The biennial license renewal period for a license to practice as a sign language interpreter or transliterator shall begin on July 1 of an odd-numbered year and end on June 30 of the next odd-numbered year. The board shall send a renewal notice by regular mail to each licensee at the address on record at least 60 days prior to the expiration of the license. The licensee is responsible for renewing the license prior to its expiration. Failure of the licensee to receive the notice does not relieve the licensee of the responsibility for renewing the license.
	361.5(2) An individual who was issued a license within six months of the license renewal date will not be required to renew the license until the subsequent renewal date two years later.
	361.5(3) A licensee seeking renewal shall:
	a. 	Meet the continuing education requirements as provided in 645—subrules 362.2(1) and 362.2(2) or, in lieu of meeting such requirements, provide proof of a current national interpreter certification issued by an organization recognized by the board (e.g., Registry of Interpreters for the Deaf (RID); National Association of the Deaf (NAD); NAD-RID National Interpreter Certification (NIC)) as evidence of meeting continuing education requirements. A licensee whose license was reactivated during the current biennial license period may use continuing education credit earned during the compliance period for the first renewal following reactivation; and
	b. 	Submit the completed renewal application and renewal fee before the license expiration date.
	361.5(4) Upon receiving the information required by this rule and the required fee, board staff shall administratively issue a two-year license and shall send the licensee a wallet card by regular mail. In the event the board receives adverse information on the renewal application, the board shall issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation.
	361.5(5) A person licensed to practice as a sign language interpreter or transliterator shall keep the person’s license certificate and wallet card displayed in a conspicuous public place at the primary site of practice.
	361.5(6) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet card. The licensee shall be assessed a late fee as specified in 645—subrule 5.18(4). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.
	361.5(7) Inactive license. A licensee who fails to renew the license by the end of the grace period has an inactive license. A licensee whose license is inactive continues to hold the privilege of licensure in Iowa, but may not practice as a sign language interpreter or transliterator in Iowa until the license is reactivated. A licensee who practices as a sign language interpreter or transliterator in the state of Iowa with an inactive license may be subject to disciplinary action by the board, injunctive action pursuant to Iowa Code section 147.83, criminal sanctions pursuant to Iowa Code section 147.86, and other available legal remedies.
645—361.6(147) Duplicate certificate or wallet card. Rescinded IAB 9/24/08, effective 10/29/08.
645—361.7(147) Reissued certificate or wallet card. Rescinded IAB 9/24/08, effective 10/29/08.
645—361.8(17A,147,272C) License denial. Rescinded IAB 9/24/08, effective 10/29/08.
645—361.9(17A,147,272C) License reactivation. To apply for reactivation of an inactive license, a licensee shall:
	361.9(1) Submit a reactivation application on a form provided by the board.
	361.9(2) Pay the reactivation fee that is due as specified in 645—subrule 5.18(9).
	361.9(3) Provide verification of current competence to practice sign language interpreting or transliterating by satisfying one of the following criteria:
	a. 	If the license has been on inactive status for five years or less, an applicant must provide the following:
	(1)	Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period in which the Iowa license was inactive sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:
	1.	The licensee’s name;
	2.	The date of initial licensure;
	3.	Current licensure status; and
	4.	Any disciplinary action taken against the license; and
	(2)	Verification of completing 40 hours of continuing education within two years of the application for reactivation.
	b. 	If the license has been on inactive status for more than five years, an applicant must provide the following:
	(1)	Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period in which the Iowa license was inactive sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:
	1.	The licensee’s name;
	2.	The date of initial licensure;
	3.	Current licensure status; and
	4.	Any disciplinary action taken against the license; and
	(2)	Verification of completion of 80 hours of continuing education within two years of application for reactivation.
645—361.10(17A,147,272C) License reinstatement. A licensee whose license has been revoked, suspended, or voluntarily surrendered must apply for and receive reinstatement of the license in accordance with 645—11.31(272C) and must apply for and be granted reactivation of the license in accordance with 361.9(17A,147,272C) prior to practicing sign language interpreting or transliterating in this state.
These rules are intended to implement Iowa Code chapters 17A, 147, 154E and 272C.
[Filed 4/28/05, Notice 3/16/05—published 5/25/05, effective 7/1/05]
[Filed 11/29/05, Notice 9/14/05—published 12/21/05, effective 1/25/06]
[Filed 2/20/07, Notice 12/20/06—published 3/14/07, effective 4/18/07]
[Filed 2/19/08, Notice 12/19/07—published 3/12/08, effective 4/2/08]
[Filed 8/21/08, Notice 6/18/08—published 9/24/08, effective 10/29/08]
[Filed ARC 7643B (Notice ARC 7407B, IAB 12/17/08), IAB 3/25/09, effective 4/29/09]