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 20020S1570B2349 - 2 -
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 20020S1570B2349 - 3 -
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 20020S1570B2349 - 4 -
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 20020S1570B2349 - 5 -
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 20020S1570B2349 - 6 -
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 20020S1570B2349 - 7 -
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. J16L63BIL/20020S1570B2349 - 8 -