PRIOR PRINTER'S NO. 312 PRINTER'S NO. 1220
No. 297 Session of 2003
INTRODUCED BY LEMMOND, TARTAGLIONE, SCHWARTZ, COSTA, MOWERY,
RAFFERTY, WAGNER, PUNT, KUKOVICH, MUSTO, KITCHEN, ORIE,
WOZNIAK, TOMLINSON, MADIGAN, THOMPSON AND C. WILLIAMS,
FEBRUARY 13, 2003
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 15, 2003
AN ACT
1 Providing for the licensure of individuals providing sign
2 language interpreting and transliterating services to
3 individuals who are deaf or hard of hearing; and imposing
4 duties on the Office for the Deaf and Hard of Hearing in the
5 Department of Labor and Industry.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Sign Language
10 Interpreters Licensing STATE CERTIFICATION Act. <--
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Applicant." An individual who applies for a license STATE <--
16 CERTIFICATE in accordance with section 5.
17 "CERTIFICATE HOLDER." AN INDIVIDUAL STATE-CERTIFIED AS A <--
18 SIGN LANGUAGE INTERPRETER UNDER SECTION 5.
1 "Department." The Department of Labor and Industry of the
2 Commonwealth.
3 "EIPA." The Educational Interpreter Performance Assessment
4 Examination administered by the Department of Education or its
5 agent.
6 "Interpreting." The process of conveying English in
7 grammatically correct American Sign Language and the process of
8 conveying American Sign Language in English.
9 "Licensee." An individual licensed as a sign language <--
10 interpreter under section 5.
11 "Office." The Office for the Deaf and Hard of Hearing within
12 the Department of Labor and Industry.
13 "Sign language interpreter." An individual who provides
14 individuals who are deaf and hard of hearing with interpreting
15 or transliterating services.
16 "Transliterating." The process of conveying spoken or
17 written English in an English-based sign system and the process
18 of conveying an English-based sign system in spoken or written
19 English.
20 Section 3. Office responsibilities.
21 The office shall do all of the following:
22 (1) Administer this act.
23 (2) License CERTIFICATE applicants in accordance with <--
24 section 5.
25 (3) Maintain a list of all licensees CERTIFICATE HOLDERS <--
26 and make this list available upon request to the public and
27 to Federal, State and local agencies.
28 (4) Promulgate regulations necessary to carry out the
29 provisions of this act.
30 Section 4. License STATE CERTIFICATE required. <--
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1 (a) General rule.--Except as provided in subsection (b), no
2 individual may provide or offer to provide interpreting or
3 transliterating services, hold himself out as a sign language
4 interpreter or use a similar title or designation without being
5 licensed STATE CERTIFIED as a sign language interpreter by the <--
6 office in accordance with this act.
7 (b) Exceptions.--The following individuals are exempt from
8 the licensure STATE CERTIFICATION requirements of subsection <--
9 (a):
10 (1) An individual engaged in interpreting or
11 transliterating at a worship service conducted by a religious
12 entity and services for educational purposes for a religious
13 entity or religiously affiliated school.
14 (2) An individual engaged in interpreting or
15 transliterating during an emergency. An emergency arises
16 when, after attempting to obtain the services of a licensee <--
17 STATE-CERTIFIED INTERPRETER, an individual who is deaf or <--
18 hard of hearing determines that the delay in obtaining a
19 licensee STATE-CERTIFIED INTERPRETER might lead to injury or <--
20 loss to the individual requiring the services.
21 (3) An individual engaged in interpreting or
22 transliterating as part of a supervised internship or
23 practicum at an accredited college or university provided it
24 is not in a legal, medical or mental health setting.
25 (4) An individual WHO IS CERTIFIED BY THE NATIONAL <--
26 ASSOCIATION OF THE DEAF OR THE REGISTRY OF INTERPRETERS FOR
27 THE DEAF from outside this Commonwealth who provides
28 interpreting or transliterating services in this Commonwealth
29 for a period not exceeding 14 days each calendar year.
30 (5) An individual engaged in interpreting or
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1 transliterating at the request of an individual who is deaf
2 or hard of hearing if the individual informs the client that
3 the individual is not licensed CERTIFIED under this act. <--
4 (6) An individual who engages in interpreting or
5 transliterating strictly as a volunteer.
6 (7) An individual who engages in interpreting or
7 transliterating for a school-related activity in accordance
8 with all of the following:
9 (i) The individual is employed in the public or
10 private elementary or secondary school or institution
11 chartered by the Commonwealth.
12 (ii) The individual received a rating exceeding 70%
13 on the EIPA. A school district shall determine the EIPA
14 by the grade level of the child or class to which the
15 interpreter is assigned and the sign system being used by
16 the class or school.
17 (c) Effect of exemption.--An individual exempted for
18 licensure STATE CERTIFICATION under subsection (b) may not <--
19 utilize the title sign language interpreter or similar titles or
20 designations or indicate licensure STATE CERTIFICATION under <--
21 this act.
22 (d) Unlawful practice.--An individual who violates this
23 section commits a summary offense and shall, upon conviction, be
24 sentenced to pay a fine not to exceed $300 or to imprisonment
25 for not more than 90 days, or both, for a first violation. An
26 individual who is convicted of a subsequent violation of this
27 section commits a misdemeanor of the third degree and shall be
28 sentenced to pay a fine not less than $300 nor more than $1,000
29 or to serve a term of imprisonment for not more than 90 days, or
30 both.
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1 Section 5. Licensure STATE CERTIFICATE. <--
2 (a) Application.--An individual may apply to the office for <--
3 a sign language interpreter license TO BE A STATE-CERTIFIED SIGN <--
4 LANGUAGE INTERPRETER. The applicant shall submit to the office
5 all of the following:
6 (1) A completed application.
7 (2) Payment of any required fees.
8 (3) Proof that the applicant has met one of the <--
9 following requirements:
10 (i) Passed an examination approved by the office
11 (3) PROOF THAT THE APPLICANT HAS PASSED AN EXAMINATION <--
12 APPROVED BY THE OFFICE which tests knowledge, experience and
13 proficiency in interpreting and transliterating.
14 (ii) Passed an examination similar to the <--
15 examination required by subparagraph (i).
16 (b) Licensing CERTIFICATION.--The office shall review each <--
17 completed application and shall issue a sign language
18 interpreter license STATE CERTIFICATE to the applicant when the <--
19 office is satisfied that all of the following criteria have been
20 met:
21 (1) The applicant is 18 years of age or older.
22 (2) The applicant has passed the examination required by
23 subsection (a).
24 (3) The applicant has paid all applicable fees
25 established pursuant to this act.
26 (4) The applicant possesses the general fitness,
27 competence and reliability sufficient to satisfy the office
28 that the applicant is worthy of licensure THE STATE <--
29 CERTIFICATE.
30 (5) Other criteria as the office may establish by
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1 regulation.
2 (c) License CERTIFICATE.--A sign language interpreter <--
3 license STATE CERTIFICATE issued by the office shall be: <--
4 (1) Issued only in the name of the applicant.
5 (2) Issued in paper or electronic form.
6 (3) Nontransferable.
7 (4) Issued for a period not to exceed two years.
8 (d) Renewal.--A licensee may renew a license CERTIFICATE <--
9 HOLDER MAY RENEW A STATE CERTIFICATE by submitting to the office
10 the information required by subsection (a) and any applicable
11 fees.
12 (e) Fees.--The fee for licensure STATE CERTIFICATION or <--
13 renewal of an existing license CERTIFICATE shall, until modified <--
14 by regulation, be $10.
15 Section 6. Change of personal information.
16 A licensee CERTIFICATE HOLDER shall notify the office of any <--
17 change of name or mailing address within ten days.
18 Section 7. Confidential communications.
19 Except as provided by law, a sign language interpreter who
20 acquires confidential information while interpreting or
21 transliterating may not be required to disclose the information
22 in any legal proceeding, trial or investigation before a
23 governmental unit without the consent of the individual
24 receiving interpreting or transliterating. The sign language
25 interpreter shall hold any legal privilege that the individual
26 receiving the services holds.
27 Section 8. License CERTIFICATE violations. <--
28 (a) Violations.--A licensee CERTIFICATE HOLDER shall not do <--
29 any of the following:
30 (1) Obtain a license or renewal of a license STATE <--
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1 CERTIFICATE OR RENEWAL OF A CERTIFICATE through fraud, deceit
2 or misrepresentation.
3 (2) Be convicted of a felony or a crime, in this
4 Commonwealth or other jurisdiction, relating to the provision
5 of transliterating or interpreting services.
6 (3) Be the subject of disciplinary or other
7 administrative action taken against this registration,
8 certification, license or authority to provide <--
9 transliterating or interpreting services in another state or
10 by a government agency.
11 (4) Commit fraud, gross negligence or misconduct
12 relating to transliterating or interpreting services.
13 (5) Engage in any other misconduct relating to the
14 provision of transliterating or interpreting services as
15 determined by the office.
16 (6) Violate the provisions of this act.
17 (b) Procedure.--If the office finds a violation of
18 subsection (a), it shall give written notice to the licensee <--
19 CERTIFICATE HOLDER specifying the violation or violations found. <--
20 The office may assess an administrative fine not to exceed $500
21 for each violation. In setting the fine, the office shall
22 consider the severity of the violation and whether there is a
23 pattern of violations.
24 Section 9. Suspension, denial, nonrenewal or revocation of a
25 license STATE CERTIFICATE. <--
26 (a) Action.--The office may suspend, deny, refuse to renew
27 or revoke a sign language interpreter license STATE CERTIFICATE <--
28 of an individual for a violation of section 8(a).
29 (b) Surrender of license.--If a licensee's license STATE <--
30 CERTIFICATE.--IF A CERTIFICATE HOLDER'S STATE CERTIFICATE has
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1 been suspended or revoked, the licensee shall return the license <--
2 CERTIFICATE HOLDER SHALL RETURN THE STATE CERTIFICATE to the <--
3 office in the manner the office directs. An individual who fails
4 to return a license STATE CERTIFICATE in accordance with this <--
5 subsection commits a summary offense.
6 (c) Reapplication.--An individual whose license STATE <--
7 CERTIFICATE has been revoked may apply for a license STATE <--
8 CERTIFICATE in accordance with section 5 not earlier than five
9 years after the date the previous license STATE CERTIFICATE was <--
10 revoked.
11 Section 10. Appeals.
12 An individual aggrieved by a decision of the office may
13 appeal the decision of the office to the department. The appeal
14 shall be conducted in accordance with 2 Pa.C.S. Ch. 5 Subch. A
15 (relating to practice and procedure of Commonwealth agencies).
16 Section 11. Effect of an order.
17 A decision of the office from which no timely appeal is taken
18 to the department or an order of the department from which no
19 timely appeal is taken to a court of competent jurisdiction
20 shall be a final order and shall be enforceable by a court of
21 competent jurisdiction.
22 Section 12. Injunctive relief.
23 If a person violates this act, the director of the office,
24 the State Board of Vocational Rehabilitation or an affected
25 consumer of interpreting or transliterating services may
26 maintain an action in a court of competent jurisdiction for an
27 injunction or other process restraining or prohibiting the
28 person from engaging in the activity. In any proceeding under
29 this section, it shall not be necessary to show that an
30 individual was individually injured. If the court finds that an
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1 individual has violated this act, it shall enjoin the individual
2 from engaging in the activity until the individual complies with
3 this act.
4 Section 13. Applicability.
5 The provisions of this act shall apply to interpreting or
6 transliterating services provided on or after July 1, 2004.
7 Section 14. Effective date.
8 This act shall take effect in 60 days.
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