PRINTER'S NO. 2349
No. 1570 Session of 2002
INTRODUCED BY LEMMOND, D. WHITE, MUSTO, PUNT, MOWERY,
C. WILLIAMS, SCHWARTZ, KITCHEN, KUKOVICH, TOMLINSON,
HELFRICK, WOZNIAK, WAGNER, TARTAGLIONE, COSTA AND THOMPSON,
OCTOBER 28, 2002
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 28, 2002
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 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 in
16 accordance with section 5.
17 "Department." The Department of Labor and Industry of the
18 Commonwealth.
1 "EIPA." The Educational Interpreter Performance Assessment
2 Examination administered by the Department of Education or its
3 agent.
4 "Interpreting." The process of conveying English in
5 grammatically correct American Sign Language and the process of
6 conveying American Sign Language in English.
7 "Licensee." An individual licensed as a sign language
8 interpreter under section 5.
9 "Office." The Office for the Deaf and Hard of Hearing within
10 the Department of Labor and Industry.
11 "Sign language interpreter." An individual who provides
12 individuals who are deaf and hard of hearing with interpreting
13 or transliterating services.
14 "Transliterating." The process of conveying spoken or
15 written English in an English-based sign system and the process
16 of conveying an English-based sign system in spoken or written
17 English.
18 Section 3. Office responsibilities.
19 The office shall do all of the following:
20 (1) Administer this act.
21 (2) License applicants in accordance with section 5.
22 (3) Maintain a list of all licensees and make this list
23 available upon request to the public and to Federal, State
24 and local agencies.
25 (4) Promulgate regulations necessary to carry out the
26 provisions of this act.
27 Section 4. License required.
28 (a) General rule.--Except as provided in subsection (b), no
29 individual may provide or offer to provide interpreting or
30 transliterating services, hold himself out as a sign language
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1 interpreter or use a similar title or designation without being
2 licensed as a sign language interpreter by the office in
3 accordance with this act.
4 (b) Exceptions.--The following individuals are exempt from
5 the licensure requirements of subsection (a):
6 (1) An individual engaged in interpreting or
7 transliterating at a worship service conducted by a religious
8 entity and services for educational purposes for a religious
9 entity or religiously affiliated school.
10 (2) An individual engaged in interpreting or
11 transliterating during an emergency. An emergency arises
12 when, after attempting to obtain the services of a licensee,
13 an individual who is deaf or hard of hearing determines that
14 the delay in obtaining a licensee might lead to injury or
15 loss to the individual requiring the services.
16 (3) An individual engaged in interpreting or
17 transliterating as part of a supervised internship or
18 practicum at an accredited college or university provided it
19 is not in a legal, medical or mental health setting.
20 (4) An individual from outside this Commonwealth who
21 provides interpreting or transliterating services in this
22 Commonwealth for a period not exceeding 14 days each calendar
23 year.
24 (5) An individual engaged in interpreting or
25 transliterating at the request of an individual who is deaf
26 or hard of hearing if the individual informs the client that
27 the individual is not licensed under this act.
28 (6) An individual who engages in interpreting or
29 transliterating strictly as a volunteer.
30 (7) An individual who engages in interpreting or
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1 transliterating for a school-related activity in accordance
2 with all of the following:
3 (i) The individual is employed in the public or
4 private elementary or secondary school or institution
5 chartered by the Commonwealth.
6 (ii) The individual received a rating exceeding 70%
7 on the EIPA. A school district shall determine the EIPA
8 by the grade level of the child or class to which the
9 interpreter is assigned and the sign system being used by
10 the class or school.
11 (c) Effect of exemption.--An individual exempted for
12 licensure under subsection (b) may not utilize the title sign
13 language interpreter or similar titles or designations or
14 indicate licensure under this act.
15 (d) Unlawful practice.--An individual who violates this
16 section commits a summary offense and shall, upon conviction, be
17 sentenced to pay a fine not to exceed $300 or to imprisonment
18 for not more than 90 days, or both, for a first violation. An
19 individual who is convicted of a subsequent violation of this
20 section commits a misdemeanor of the third degree and shall be
21 sentenced to pay a fine not less than $300 nor more than $1,000
22 or to serve a term of imprisonment for not more than 90 days, or
23 both.
24 Section 5. Licensure.
25 (a) Application.--An individual may apply to the office for
26 a sign language interpreter license. The applicant shall submit
27 to the office all of the following:
28 (1) A completed application.
29 (2) Payment of any required fees.
30 (3) Proof that the applicant has met one of the
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1 following requirements:
2 (i) Passed an examination approved by the office
3 which tests knowledge, experience and proficiency in
4 interpreting and transliterating.
5 (ii) Passed an examination similar to the
6 examination required by subparagraph (i).
7 (b) Licensing.--The office shall review each completed
8 application and shall issue a sign language interpreter license
9 to the applicant when the office is satisfied that all of the
10 following criteria have been met:
11 (1) The applicant is 18 years of age or older.
12 (2) The applicant has passed the examination required by
13 subsection (a).
14 (3) The applicant has paid all applicable fees
15 established pursuant to this act.
16 (4) The applicant possesses the general fitness,
17 competence and reliability sufficient to satisfy the office
18 that the applicant is worthy of licensure.
19 (5) Other criteria as the office may establish by
20 regulation.
21 (c) License.--A sign language interpreter license issued by
22 the office shall be:
23 (1) Issued only in the name of the applicant.
24 (2) Issued in paper or electronic form.
25 (3) Nontransferable.
26 (4) Issued for a period not to exceed two years.
27 (d) Renewal.--A licensee may renew a license by submitting
28 to the office the information required by subsection (a) and any
29 applicable fees.
30 (e) Fees.--The fee for licensure or renewal of an existing
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1 license shall, until modified by regulation, be $10.
2 Section 6. Change of personal information.
3 A licensee shall notify the office of any change of name or
4 mailing address within ten days.
5 Section 7. Confidential communications.
6 Except as provided by law, a sign language interpreter who
7 acquires confidential information while interpreting or
8 transliterating may not be required to disclose the information
9 in any legal proceeding, trial or investigation before a
10 governmental unit without the consent of the individual
11 receiving interpreting or transliterating. The sign language
12 interpreter shall hold any legal privilege that the individual
13 receiving the services holds.
14 Section 8. License violations.
15 (a) Violations.--A licensee shall not do any of the
16 following:
17 (1) Obtain a license or renewal of a license through
18 fraud, deceit or misrepresentation.
19 (2) Be convicted of a felony or a crime, in this
20 Commonwealth or other jurisdiction, relating to the provision
21 of transliterating or interpreting services.
22 (3) Be the subject of disciplinary or other
23 administrative action taken against this registration,
24 certification, license or authority to provide
25 transliterating or interpreting services in another state or
26 by a government agency.
27 (4) Commit fraud, gross negligence or misconduct
28 relating to transliterating or interpreting services.
29 (5) Engage in any other misconduct relating to the
30 provision of transliterating or interpreting services as
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1 determined by the office.
2 (6) Violate the provisions of this act.
3 (b) Procedure.--If the office finds a violation of
4 subsection (a), it shall give written notice to the licensee
5 specifying the violation or violations found. The office may
6 assess an administrative fine not to exceed $500 for each
7 violation. In setting the fine, the office shall consider the
8 severity of the violation and whether there is a pattern of
9 violations.
10 Section 9. Suspension, denial, nonrenewal or revocation of a
11 license.
12 (a) Action.--The office may suspend, deny, refuse to renew
13 or revoke a sign language interpreter license of an individual
14 for a violation of section 8(a).
15 (b) Surrender of license.--If a licensee's license has been
16 suspended or revoked, the licensee shall return the license to
17 the office in the manner the office directs. An individual who
18 fails to return a license in accordance with this subsection
19 commits a summary offense.
20 (c) Reapplication.--An individual whose license has been
21 revoked may apply for a license in accordance with section 5 not
22 earlier than five years after the date the previous license was
23 revoked.
24 Section 10. Appeals.
25 An individual aggrieved by a decision of the office may
26 appeal the decision of the office to the department. The appeal
27 shall be conducted in accordance with 2 Pa.C.S. Ch. 5 Subch. A
28 (relating to practice and procedure of Commonwealth agencies).
29 Section 11. Effect of an order.
30 A decision of the office from which no timely appeal is taken
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1 to the department or an order of the department from which no
2 timely appeal is taken to a court of competent jurisdiction
3 shall be a final order and shall be enforceable by a court of
4 competent jurisdiction.
5 Section 12. Injunctive relief.
6 If a person violates this act, the director of the office,
7 the State Board of Vocational Rehabilitation or an affected
8 consumer of interpreting or transliterating services may
9 maintain an action in a court of competent jurisdiction for an
10 injunction or other process restraining or prohibiting the
11 person from engaging in the activity. In any proceeding under
12 this section, it shall not be necessary to show that an
13 individual was individually injured. If the court finds that an
14 individual has violated this act, it shall enjoin the individual
15 from engaging in the activity until the individual complies with
16 this act.
17 Section 13. Applicability.
18 The provisions of this act shall apply to interpreting or
19 transliterating services provided on or after July 1, 2004.
20 Section 14. Effective date.
21 This act shall take effect in 60 days.
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