House File 2482
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2218)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to licensure requirements for American sign
2 language and manual English interpreters, making an
3 appropriation, making penalties applicable, and providing an
4 effective date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6076HV 80
7 rn/sh/8
PAG LIN
1 1 Section 1. Section 147.1, subsection 2, paragraph c, Code
1 2 2003, is amended to read as follows:
1 3 c. "Licensed" or "certified" when applied to a physician
1 4 and surgeon, podiatric physician, osteopath, osteopathic
1 5 physician and surgeon, physician assistant, psychologist or
1 6 associate psychologist, chiropractor, nurse, dentist, dental
1 7 hygienist, optometrist, speech pathologist, audiologist,
1 8 pharmacist, physical therapist, occupational therapist,
1 9 respiratory care practitioner, practitioner of cosmetology
1 10 arts and sciences, practitioner of barbering, funeral
1 11 director, dietitian, marital and family therapist, mental
1 12 health counselor, social worker, massage therapist, athletic
1 13 trainer, or acupuncturist, or interpreter, means a person
1 14 licensed under this subtitle.
1 15 Sec. 2. Section 147.1, subsection 2, paragraph f, Code
1 16 2003, is amended to read as follows:
1 17 f. "Profession" means medicine and surgery, podiatry,
1 18 osteopathy, osteopathic medicine and surgery, practice as a
1 19 physician assistant, psychology, chiropractic, nursing,
1 20 dentistry, dental hygiene, optometry, speech pathology,
1 21 audiology, pharmacy, physical therapy, occupational therapy,
1 22 respiratory care, cosmetology arts and sciences, barbering,
1 23 mortuary science, marital and family therapy, mental health
1 24 counseling, social work, dietetics, massage therapy, athletic
1 25 training, or acupuncture, or interpreting.
1 26 Sec. 3. Section 147.2, unnumbered paragraph 1, Code 2003,
1 27 is amended to read as follows:
1 28 A person shall not engage in the practice of medicine and
1 29 surgery, podiatry, osteopathy, osteopathic medicine and
1 30 surgery, psychology, chiropractic, physical therapy, nursing,
1 31 dentistry, dental hygiene, optometry, speech pathology,
1 32 audiology, occupational therapy, respiratory care, pharmacy,
1 33 cosmetology, barbering, social work, dietetics, marital and
1 34 family therapy or mental health counseling, massage therapy,
1 35 mortuary science, or acupuncture, or interpreting, or shall
2 1 not practice as a physician assistant as defined in the
2 2 following chapters of this subtitle, unless the person has
2 3 obtained from the department a license for that purpose.
2 4 Sec. 4. Section 147.13, Code 2003, is amended by adding
2 5 the following new subsection:
2 6 NEW SUBSECTION. 21. For interpreters, interpreter
2 7 examiners.
2 8 Sec. 5. Section 147.14, Code 2003, is amended by adding
2 9 the following new subsection:
2 10 NEW SUBSECTION. 21. For interpreting, four members
2 11 licensed to practice interpreting, three of whom shall be
2 12 practicing interpreters at the time of appointment to the
2 13 board and at least one of whom is employed in an educational
2 14 setting; and three members who are consumers of interpreting
2 15 services as defined in section 154E.1, two of whom shall be
2 16 deaf. A majority of members of the board constitutes a
2 17 quorum.
2 18 Sec. 6. Section 147.74, Code Supplement 2003, is amended
2 19 by adding the following new subsection:
2 20 NEW SUBSECTION. 21A. An interpreter licensed under
2 21 chapter 154E and this chapter may use the title "licensed
2 22 interpreter" or the letters "L.I." after the person's name.
2 23 Sec. 7. Section 147.80, Code Supplement 2003, is amended
2 24 by adding the following new subsection:
2 25 NEW SUBSECTION. 28A. License to practice interpreting,
2 26 license to practice interpreting under a reciprocal license,
2 27 or renewal of a license to practice interpreting.
2 28 Sec. 8. NEW SECTION. 154E.1 DEFINITIONS.
2 29 As used in this chapter, unless the context otherwise
2 30 requires:
2 31 1. "Board" means the board of interpreter examiners
2 32 established in chapter 147.
2 33 2. "Consumer" means an individual utilizing interpreting
2 34 services who uses spoken English, American sign language, or a
2 35 manual form of English.
3 1 3. "Department" means the Iowa department of public
3 2 health.
3 3 4. "Interpreter training program" means a post=secondary
3 4 education program training individuals to interpret or
3 5 transliterate.
3 6 5. "Interpreting" means facilitating communication between
3 7 individuals who communicate via American sign language and
3 8 individuals who communicate via spoken English.
3 9 6. "Licensee" means any person licensed to practice
3 10 interpreting or transliterating for deaf, hard=of=hearing, and
3 11 hearing individuals in the state of Iowa.
3 12 7. "Transliterating" means facilitating communication
3 13 between individuals who communicate via a manual form of
3 14 English and individuals who communicate via spoken English.
3 15 Sec. 9. NEW SECTION. 154E.2 DUTIES OF THE BOARD.
3 16 The board shall administer this chapter. The board's
3 17 duties shall include, but are not limited to, the following:
3 18 1. Adopt rules consistent with this chapter and with
3 19 chapter 147 which are necessary for the performance of its
3 20 duties.
3 21 2. Act on matters concerning licensure and the process of
3 22 applying for, granting, suspending, imposing supervisory or
3 23 probationary conditions upon, reinstating, and revoking a
3 24 license.
3 25 3. Establish and collect licensure fees. The fees charged
3 26 shall be sufficient to defray the costs of administration of
3 27 this chapter and all fees collected shall be deposited with
3 28 the treasurer of state who shall deposit them in the general
3 29 fund of the state.
3 30 4. Administer the provisions of this chapter regarding
3 31 documentation required to demonstrate competence as an
3 32 interpreter, and the processing of applications for licenses
3 33 and license renewals.
3 34 5. Establish and maintain as a matter of public record a
3 35 registry of interpreters licensed pursuant to this chapter.
4 1 6. Develop continuing education requirements as a
4 2 condition of license renewal.
4 3 7. Evaluate requirements for licensure in other states to
4 4 determine if reciprocity may be granted.
4 5 Sec. 10. NEW SECTION. 154E.3 REQUIREMENTS FOR LICENSURE.
4 6 On or after July 1, 2007, every person providing
4 7 interpreting or transliterating services in this state shall
4 8 be licensed pursuant to this chapter. The board shall adopt
4 9 rules pursuant to chapters 17A, 147, and 272C establishing
4 10 procedures for the licensing of new and existing interpreters.
4 11 In lieu of a licensing examination, the board shall require
4 12 submission of credentials approved by the board and
4 13 demonstrating the following:
4 14 1. VOICE=TO=SIGN INTERPRETATION. An applicant shall
4 15 demonstrate proficiency at:
4 16 a. Message equivalence, producing a true and accurate
4 17 signed form of the spoken message, maintaining the integrity
4 18 of content and meaning, and exhibiting few omissions,
4 19 substitutions, or other errors.
4 20 b. Affect, producing nonmanual grammar consistent with the
4 21 intent and emotion of the speaker, and exhibiting no
4 22 distracting mannerisms.
4 23 c. Vocabulary choice, making correct sign choices
4 24 appropriate to the setting and consumers, applying facial
4 25 grammar consistent with sign choice, selecting signs that
4 26 remain true to speaker's intent, and demonstrating lexical
4 27 variety.
4 28 d. Fluency, displaying confidence in production,
4 29 exhibiting a strong command of American sign language or
4 30 manual codes for English, applying nonmanual behaviors
4 31 consistent with the speaker's intent, and demonstrating
4 32 understanding of and sensitivity to cultural differences.
4 33 2. SIGN=TO=VOICE INTERPRETATION. An applicant shall
4 34 demonstrate proficiency at:
4 35 a. Message equivalence, producing a true and accurate
5 1 spoken form of the signed message, maintaining the integrity
5 2 of content and meaning, and exhibiting few omissions,
5 3 substitutions, or other errors.
5 4 b. Affect, producing inflection consistent with the intent
5 5 and emotion of the speaker, and exhibiting no distracting
5 6 mannerisms.
5 7 c. Vocabulary choice, making correct word choices
5 8 appropriate to the setting and consumers, using vocal
5 9 inflection consistent with word choice, selecting words that
5 10 remain true to the speaker's intent, and demonstrating lexical
5 11 variety.
5 12 d. Fluency, displaying confidence in production,
5 13 exhibiting a strong command of English in both spoken and
5 14 written forms, applying vocal inflections consistent with the
5 15 speaker's intent, and demonstrating understanding of and
5 16 sensitivity to cultural differences.
5 17 3. PROFESSIONAL CONDUCT. An applicant shall demonstrate:
5 18 a. Proficiency in functioning as a communicator of
5 19 messages between the sender and receiver, and educating
5 20 consumers of services about the functions and logistics of the
5 21 interpreting process.
5 22 b. An impartial demeanor, refraining from interjecting
5 23 opinions or advice and from aligning with one party over
5 24 another. An applicant shall treat all people fairly and
5 25 respectfully regardless of their relationship to the
5 26 interpreting assignment, and present a professional appearance
5 27 that is not visually distracting and is appropriate to the
5 28 setting. An applicant shall exhibit knowledge and application
5 29 of federal and state laws pertaining to the interpreting
5 30 profession.
5 31 c. Integrity, and shall be proficient in understanding and
5 32 applying ethical behavior appropriate for a licensee. An
5 33 applicant shall demonstrate discretion in accepting and
5 34 meeting interpreter services requests, and shall engage
5 35 actively in lifelong learning.
6 1 Sec. 11. NEW SECTION. 154E.4 EXCEPTIONS.
6 2 1. A person shall not practice interpreting or
6 3 transliterating, or represent oneself to be an interpreter,
6 4 unless the person is licensed under this chapter.
6 5 2. This chapter does not prohibit any of the following:
6 6 a. Any person residing outside of the state of Iowa
6 7 holding a current license from another state that meets the
6 8 state of Iowa's requirements from providing interpreting or
6 9 transliterating services in this state for up to fourteen days
6 10 per calendar year without a license issued pursuant to this
6 11 chapter.
6 12 b. Any person who interprets or transliterates solely in a
6 13 religious setting with the exception of those working in
6 14 schools that receive government funding.
6 15 c. Volunteers working without compensation, including
6 16 emergency situations, until a licensed interpreter is
6 17 obtained.
6 18 d. Any person working as a substitute for a licensed
6 19 interpreter in an early childhood, elementary, or secondary
6 20 education setting for no more than twenty=one school days in a
6 21 calendar year.
6 22 Sec. 12. Section 272C.1, subsection 6, Code 2003, is
6 23 amended by adding the following new paragraph:
6 24 NEW PARAGRAPH. ad. The board of interpreter examiners,
6 25 created pursuant to chapter 154E.
6 26 Sec. 13. INTERPRETER STANDARDS AND REGULATIONS. There is
6 27 appropriated from the general fund of the state to the Iowa
6 28 department of public health, for the fiscal year beginning
6 29 July 1, 2004, and ending June 30, 2005, the following amount,
6 30 or so much thereof as is necessary, for the purpose
6 31 designated:
6 32 For protecting the health and safety of the public through
6 33 establishing standards and enforcing regulations of
6 34 interpreters for the deaf, hard=of=hearing, and hearing, and
6 35 for not more than the following full=time equivalent
7 1 positions:
7 2 .................................................. $ 60,390
7 3 ................................................ FTE 1.00
7 4 Sec. 14. TRANSITION PROVISIONS. The board of interpreter
7 5 examiners shall be provisionally established as provided in
7 6 section 147.14, as amended in this Act, effective July 1,
7 7 2004, for the sole purpose of appointment of members and
7 8 organizing, planning, and adopting rules, as described in
7 9 section 9 of this Act, which rules shall be effective July 1,
7 10 2007. The board shall become fully operational July 1, 2007,
7 11 as provided in this Act.
7 12 Sec. 15. EFFECTIVE DATE. Sections 1 through 12 of this
7 13 Act take effect July 1, 2007.
7 14 EXPLANATION
7 15 This bill provides for the licensing of interpreters. The
7 16 bill makes several conforming changes to Code chapter 147
7 17 establishing that interpreting is a profession regulated by
7 18 the general provisions, and penalty provisions, applicable to
7 19 the licensing of health=related professions, and establishing
7 20 the board of interpreter examiners.
7 21 The bill creates new Code chapter 154E governing the
7 22 licensure of interpreters, and includes definitions. The bill
7 23 provides that on or after July 1, 2007, every person providing
7 24 interpreting or transliterating services shall be licensed,
7 25 and that in lieu of a licensing examination, the board shall
7 26 require the submission of specified credentials relating to
7 27 demonstrated proficiency at voice=to=sign interpretation,
7 28 sign=to=voice interpretation, and professional conduct. The
7 29 bill provides that the licensing provisions shall not apply to
7 30 a person residing outside of the state of Iowa holding a
7 31 current license from another state that meets the state of
7 32 Iowa's requirements for up to 14 days of providing
7 33 interpreting services per calendar year, to a person who
7 34 interprets or transliterates solely in a religious setting
7 35 with the exception of working in schools that receive
8 1 government funding, to volunteers working without compensation
8 2 until a licensed interpreter is obtained, and to a person
8 3 working as a substitute for a licensed interpreter in an early
8 4 childhood, elementary, or secondary education setting for no
8 5 more than 21 school days in a calendar year. The bill
8 6 provides specified duties for the board of interpreter
8 7 examiners, and provides transition provisions specifying that
8 8 the provisional establishment of the board shall become
8 9 effective July 1, 2004, for the sole purpose of appointment of
8 10 members and organizing, planning, and adopting rules in
8 11 advance of the July 1, 2007, interpreter licensure effective
8 12 date.
8 13 The bill appropriates $60,390 from the general fund of the
8 14 state to the Iowa department of public health, for the fiscal
8 15 year beginning July 1, 2004, and ending June 30, 2005, and
8 16 provides 1.00 FTE to protect the health and safety of the
8 17 public through establishing standards and enforcing
8 18 regulations relating to interpreters.
8 19 The bill includes an effective date of July 1, 2007, for
8 20 all sections other than the sections making the appropriation
8 21 and establishing the board of interpreter examiners for the
8 22 purposes specified.
8 23 LSB 6076HV 80
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