Senate File 2309
SENATE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SF 2141)
Passed Senate, Date Passed House, 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 penalties
3 applicable, and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6076SV 80
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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 for the hearing
1 14 impaired, means a person 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 for the hearing
1 26 impaired.
1 27 Sec. 3. Section 147.2, unnumbered paragraph 1, Code 2003,
1 28 is amended to read as follows:
1 29 A person shall not engage in the practice of medicine and
1 30 surgery, podiatry, osteopathy, osteopathic medicine and
1 31 surgery, psychology, chiropractic, physical therapy, nursing,
1 32 dentistry, dental hygiene, optometry, speech pathology,
1 33 audiology, occupational therapy, respiratory care, pharmacy,
1 34 cosmetology, barbering, social work, dietetics, marital and
1 35 family therapy or mental health counseling, massage therapy,
2 1 mortuary science, or acupuncture, or interpreting for the
2 2 hearing impaired, or shall not practice as a physician
2 3 assistant as defined in the following chapters of this
2 4 subtitle, unless the person has obtained from the department a
2 5 license for that purpose.
2 6 Sec. 4. Section 147.13, Code 2003, is amended by adding
2 7 the following new subsection:
2 8 NEW SUBSECTION. 21. For interpreters, interpreter for the
2 9 hearing impaired examiners.
2 10 Sec. 5. Section 147.14, Code 2003, is amended by adding
2 11 the following new subsection:
2 12 NEW SUBSECTION. 21. For interpreting for the hearing
2 13 impaired, four members licensed to practice interpreting,
2 14 three of whom shall be practicing interpreters at the time of
2 15 appointment to the board and at least one of whom is employed
2 16 in an educational setting; and three members who are consumers
2 17 of interpreting services as defined in section 154E.1, each of
2 18 whom shall be deaf. A majority of members of the board
2 19 constitutes a quorum.
2 20 Sec. 6. Section 147.74, Code Supplement 2003, is amended
2 21 by adding the following new subsection:
2 22 NEW SUBSECTION. 21A. An interpreter licensed under
2 23 chapter 154E and this chapter may use the title "licensed
2 24 interpreter" or the letters "L.I." after the person's name.
2 25 Sec. 7. Section 147.80, Code Supplement 2003, is amended
2 26 by adding the following new subsection:
2 27 NEW SUBSECTION. 28A. License to practice interpreting,
2 28 license to practice interpreting under a reciprocal license,
2 29 or renewal of a license to practice interpreting.
2 30 Sec. 8. NEW SECTION. 154E.1 DEFINITIONS.
2 31 As used in this chapter, unless the context otherwise
2 32 requires:
2 33 1. "Board" means the board of interpreter for the hearing
2 34 impaired examiners established in chapter 147.
2 35 2. "Consumer" means an individual utilizing interpreting
3 1 services who uses spoken English, American sign language, or a
3 2 manual form of English.
3 3 3. "Department" means the Iowa department of public
3 4 health.
3 5 4. "Interpreter training program" means a post=secondary
3 6 education program training individuals to interpret or
3 7 transliterate.
3 8 5. "Interpreting" means facilitating communication between
3 9 individuals who communicate via American sign language and
3 10 individuals who communicate via spoken English.
3 11 6. "Licensee" means any person licensed to practice
3 12 interpreting or transliterating for deaf, hard=of=hearing, and
3 13 hearing individuals in the state of Iowa.
3 14 7. "Transliterating" means facilitating communication
3 15 between individuals who communicate via a manual form of
3 16 English and individuals who communicate via spoken English.
3 17 Sec. 9. NEW SECTION. 154E.2 DUTIES OF THE BOARD.
3 18 The board shall administer this chapter. The board's
3 19 duties shall include, but are not limited to, the following:
3 20 1. Adopt rules consistent with this chapter and with
3 21 chapter 147 which are necessary for the performance of its
3 22 duties.
3 23 2. Act on matters concerning licensure and the process of
3 24 applying for, granting, suspending, imposing supervisory or
3 25 probationary conditions upon, reinstating, and revoking a
3 26 license.
3 27 3. Establish and collect licensure fees. The board shall
3 28 establish the amounts of license and renewal fees based upon
3 29 the actual costs of sustaining the board and the actual costs
3 30 of issuing the licenses, and all fees collected shall be
3 31 deposited with the treasurer of state who shall deposit them
3 32 in the general fund of the state.
3 33 4. Administer the provisions of this chapter regarding
3 34 documentation required to demonstrate competence as an
3 35 interpreter, and the processing of applications for licenses
4 1 and license renewals.
4 2 5. Establish and maintain as a matter of public record a
4 3 registry of interpreters licensed pursuant to this chapter.
4 4 6. Develop continuing education requirements as a
4 5 condition of license renewal.
4 6 7. Evaluate requirements for licensure in other states to
4 7 determine if reciprocity may be granted.
4 8 Sec. 10. NEW SECTION. 154E.3 REQUIREMENTS FOR LICENSURE.
4 9 On or after July 1, 2005, every person providing
4 10 interpreting or transliterating services in this state shall
4 11 be licensed pursuant to this chapter. The board shall adopt
4 12 rules pursuant to chapters 17A, 147, and 272C establishing
4 13 procedures for the licensing of new and existing interpreters.
4 14 Prior to obtaining licensure, an applicant shall successfully
4 15 pass an examination prescribed and approved by the board,
4 16 demonstrating the following:
4 17 1. VOICE=TO=SIGN INTERPRETATION. An applicant shall
4 18 demonstrate proficiency at:
4 19 a. Message equivalence, producing a true and accurate
4 20 signed form of the spoken message, maintaining the integrity
4 21 of content and meaning, and exhibiting few omissions,
4 22 substitutions, or other errors.
4 23 b. Affect, producing nonmanual grammar consistent with the
4 24 intent and emotion of the speaker, and exhibiting no
4 25 distracting mannerisms.
4 26 c. Vocabulary choice, making correct sign choices
4 27 appropriate to the setting and consumers, applying facial
4 28 grammar consistent with sign choice, selecting signs that
4 29 remain true to the speaker's intent, and demonstrating lexical
4 30 variety.
4 31 d. Fluency, displaying confidence in production,
4 32 exhibiting a strong command of American sign language or
4 33 manual codes for English, applying nonmanual behaviors
4 34 consistent with the speaker's intent, and demonstrating
4 35 understanding of and sensitivity to cultural differences.
5 1 2. SIGN=TO=VOICE INTERPRETATION. An applicant shall
5 2 demonstrate proficiency at:
5 3 a. Message equivalence, producing a true and accurate
5 4 spoken form of the signed message, maintaining the integrity
5 5 of content and meaning, and exhibiting few omissions,
5 6 substitutions, or other errors.
5 7 b. Affect, producing inflection consistent with the intent
5 8 and emotion of the speaker, and exhibiting no distracting
5 9 mannerisms.
5 10 c. Vocabulary choice, making correct word choices
5 11 appropriate to the setting and consumers, using vocal
5 12 inflection consistent with word choice, selecting words that
5 13 remain true to the speaker's intent, and demonstrating lexical
5 14 variety.
5 15 d. Fluency, displaying confidence in production,
5 16 exhibiting a strong command of English in both spoken and
5 17 written forms, applying vocal inflections consistent with the
5 18 speaker's intent, and demonstrating understanding of and
5 19 sensitivity to cultural differences.
5 20 3. PROFESSIONAL CONDUCT. An applicant shall demonstrate:
5 21 a. Proficiency in functioning as a communicator of
5 22 messages between the sender and receiver, and educating
5 23 consumers of services about the functions and logistics of the
5 24 interpreting process.
5 25 b. An impartial demeanor, refraining from interjecting
5 26 opinions or advice and from aligning with one party over
5 27 another. An applicant shall treat all people fairly and
5 28 respectfully regardless of their relationship to the
5 29 interpreting assignment, and present a professional appearance
5 30 that is not visually distracting and is appropriate to the
5 31 setting. An applicant shall exhibit knowledge and application
5 32 of federal and state laws pertaining to the interpreting
5 33 profession.
5 34 c. Integrity, and shall be proficient in understanding and
5 35 applying ethical behavior appropriate for a licensee. An
6 1 applicant shall demonstrate discretion in accepting and
6 2 meeting interpreter services requests, and shall engage
6 3 actively in lifelong learning.
6 4 Sec. 11. NEW SECTION. 154E.4 EXCEPTIONS.
6 5 1. A person shall not practice interpreting or
6 6 transliterating, or represent oneself to be an interpreter,
6 7 unless the person is licensed under this chapter.
6 8 2. This chapter does not prohibit any of the following:
6 9 a. Any person residing outside of the state of Iowa
6 10 holding a current license from another state that meets the
6 11 state of Iowa's requirements from providing interpreting or
6 12 transliterating services in this state for up to fourteen days
6 13 per calendar year without a license issued pursuant to this
6 14 chapter.
6 15 b. Any person who interprets or transliterates solely in a
6 16 religious setting with the exception of those working in
6 17 schools that receive government funding.
6 18 c. Volunteers working without compensation, including
6 19 emergency situations, until a licensed interpreter is
6 20 obtained.
6 21 d. Any person working as a substitute for a licensed
6 22 interpreter in an early childhood, elementary, or secondary
6 23 education setting for no more than thirty school days in a
6 24 calendar year.
6 25 Sec. 12. Section 272C.1, subsection 6, Code 2003, is
6 26 amended by adding the following new paragraph:
6 27 NEW PARAGRAPH. ad. The board of interpreter for the
6 28 hearing impaired examiners, created pursuant to chapter 154E.
6 29 Sec. 13. TRANSITION PROVISIONS.
6 30 1. The board of interpreter for the hearing impaired
6 31 examiners shall be provisionally established as provided in
6 32 section 147.14, as amended in this Act, effective July 1,
6 33 2004, for the sole purpose of appointment of members and
6 34 organizing, planning, and adopting rules, as described in
6 35 section 9 of this Act, which rules shall be effective July 1,
7 1 2005. The board shall become fully operational July 1, 2007,
7 2 as provided in this Act.
7 3 2. Applicants for licensure under chapter 154E who have
7 4 not passed a licensure examination approved by the board by
7 5 July 1, 2005, shall be issued a temporary license to practice
7 6 interpreting for a period of two years, commencing on July 1,
7 7 2005.
7 8 3. Applicants issued a temporary license pursuant to this
7 9 section shall pass a licensure examination approved by the
7 10 board on or before July 1, 2007, in order to remain licensed
7 11 as an interpreter.
7 12 Sec. 14. EFFECTIVE DATE. Sections 1 through 12 of this
7 13 Act take effect July 1, 2005.
7 14 EXPLANATION
7 15 This bill provides for the licensing of interpreters for
7 16 the hearing impaired. The bill makes several conforming
7 17 changes to Code chapter 147 establishing that interpreting for
7 18 the hearing impaired is a profession regulated by the general
7 19 Code provisions, and penalty provisions, applicable to the
7 20 licensing of health=related professions, and establishing the
7 21 board of interpreter for the hearing impaired examiners.
7 22 The bill creates new Code chapter 154E governing the
7 23 licensure of interpreters for the hearing impaired, and
7 24 includes definitions. The bill provides that on or after July
7 25 1, 2005, every person providing interpreting or
7 26 transliterating services shall be licensed, and that a
7 27 licensing examination shall be prescribed by the board,
7 28 demonstrating proficiency at voice=to=sign interpretation,
7 29 sign=to=voice interpretation, and professional conduct. The
7 30 bill provides that the licensing provisions shall not apply to
7 31 a person residing outside of the state of Iowa holding a
7 32 current license from another state that meets the state of
7 33 Iowa's requirements for up to 14 days of providing
7 34 interpreting services per calendar year, to a person who
7 35 interprets or transliterates solely in a religious setting
8 1 with the exception of working in schools that receive
8 2 government funding, to volunteers working without compensation
8 3 until a licensed interpreter is obtained, and to a person
8 4 working as a substitute for a licensed interpreter in an early
8 5 childhood, elementary, or secondary education setting for no
8 6 more than 30 school days in a calendar year. The bill
8 7 provides specified duties for the board of interpreter for the
8 8 hearing impaired examiners, and provides transition provisions
8 9 specifying that the provisional establishment of the board
8 10 shall become effective July 1, 2004, for the sole purpose of
8 11 appointment of members and organizing, planning, and adopting
8 12 rules in advance of the July 1, 2005, interpreter licensure
8 13 effective date.
8 14 The transition provisions additionally specify that
8 15 applicants for licensure who have not passed a licensure
8 16 examination approved by the board by July 1, 2005, shall be
8 17 issued a temporary license to practice interpreting for a two=
8 18 year period, but must pass licensure examination approved by
8 19 the board on or before July 1, 2007, in order to remain
8 20 licensed as an interpreter.
8 21 The bill includes an effective date of July 1, 2005, for
8 22 all sections other than the section provisionally establishing
8 23 the board of interpreter examiners for the purposes specified.
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