ARC 7831C
PROFESSIONAL LICENSURE DIVISION[645]
Adopted and Filed
Rulemaking related to discipline for sign language interpreters and transliterators
The Board of Sign Language Interpreters and Transliterators hereby rescinds Chapter 363, “Discipline for Sign Language Interpreters and Transliterators,” Iowa Administrative Code, and adopts a new chapter with the same title.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code chapters 17A, 147, 154E, and 272C.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 154E and 272C.
Purpose and Summary
These rules provide protection to Iowans because the rules publicly define disciplinary options when a sign language interpreter or transliterator fails to provide the standard of care. This is important to both the public and to the licensee because it creates a shared understanding of what is and is not appropriate for certain types of licensed individuals in the state of Iowa. When professional standards are not met, it can subject a licensee to discipline against the licensee’s license. Iowans have the ability to submit a complaint to the licensing board, which can then investigate the allegation. The Board has the ability to seek discipline against the licensee for those items outlined, ensuring that the public is protected.
The 19 boards in the legacy Health and Human Services Bureau of Professional Licensure have similar disciplinary standards for all professions. For this reason, one shared disciplinary chapter has been created that applies to all professions. This chapter contains only those disciplinary grounds that are unique to the sign language interpreter and transliterator professions and are therefore excluded from the general disciplinary chapter. The grounds for discipline required in these rules are related to unethical conduct and are required by Iowa Code chapter 154E.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 10, 2024, as ARC 7489C. Public hearings were held virtually and in person on January 30 and 31, 2024, at 12:10 p.m.	at 6200 Park Avenue, Des Moines, Iowa. No one attended the public hearings. Public comment supported the proposed rules being adopted. Organizational and clarifying changes have been made from the published Notice.
Adoption of Rulemaking
This rulemaking was adopted by the Board on February 29, 2024.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rulemaking will become effective on May 22, 2024.
The following rulemaking action is adopted:
	Item 1. Rescind 645—Chapter 363 and adopt the following new chapter in lieu thereof:
CHAPTER 363
DISCIPLINE FOR SIGN LANGUAGE INTERPRETERS AND TRANSLITERATORS
645—363.1(154E) Definition.
“Consumer” means an individual utilizing interpreting services who uses spoken English, American Sign Language, or a manual form of English, and in an interpreting situation or setting, the term “consumer” includes both the deaf or hard-of-hearing individual or individuals and the hearing individual or individuals present in such situation or setting.
645—363.2(154E,272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in rule 645—363.2(154E,272C) when the board determines that the licensee is guilty of any of the following acts or offenses or those listed in 645—Chapter 13:
	363.2(1) Unethical conduct. In accordance with Iowa Code section 147.55(3), behavior (e.g., acts, knowledge, and practices) that constitutes unethical conduct includes but is not limited to the following:
	a. 	Engaging in sexual activities or sexual contact with a consumer when there is a risk of exploitation or potential harm to the consumer or when the relationship could reasonably be expected to interfere with the interpreter’s or transliterator’s objectivity, competence, or effectiveness.
	b. 	Failure to decline or to withdraw from an interpreting or transliterating assignment when the interpreter or transliterator does not possess the professional skills and knowledge required for the specific interpreting or transliterating situation or setting.
	c. 	Failure to refrain from providing advice or personal opinions or aligning with one person over another in the course of one’s professional duties.
	d. 	Discriminating against a consumer on the basis of age, sex, race, creed, illness, marital status, political belief, religion, mental or physical disability or diagnosis, sexual orientation, or economic or social status.
	e. 	Failure to inform a consumer when federal or state laws require disclosure of confidential information.
	f. 	Failure to avoid a conflict of interest when there is a risk of exploitation or potential harm to the consumer or when the relationship could reasonably be expected to interfere with the interpreter’s objectivity, competence, or effectiveness; or failure to disclose to a consumer an actual or perceived conflict of interest.
	g. 	Failure to present a professional appearance that is not visually distracting and is appropriate to the setting.
	h. 	Failure by a temporary license holder to comply with the requirements of 645—subrule 361.2(6).
	363.2(2) Reserved.
These rules are intended to implement Iowa Code chapters 147, 154E and 272C.
[Filed 3/28/24, effective 5/22/24]
[Published 4/17/24]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 4/17/24.