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
  6 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 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.
  8 24 LSB 6076SV 80
  8 25 rn/sh/8