PRINTER'S NO. 2037
No. 1596 Session of 2007
INTRODUCED BY EACHUS, BRENNAN, MENSCH, YOUNGBLOOD, FLECK, JAMES,
CALTAGIRONE, HERSHEY, GEORGE, HARHAI, CAPPELLI, GOODMAN,
CLYMER, BEAR, WOJNAROSKI, HENNESSEY, SHIMKUS, PALLONE,
STABACK, VULAKOVICH, KOTIK, FRANKEL, SANTONI, LONGIETTI,
FABRIZIO, THOMAS, BISHOP, JOSEPHS AND MURT, JUNE 21, 2007
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 21, 2007
AN ACT
1 Amending the act of July 2, 2004 (P.L.492, No.57), entitled "An
2 act providing for State registration of individuals providing
3 sign language interpreting and transliterating services to
4 individuals who are deaf or hard of hearing; and imposing
5 duties on the Office for the Deaf and Hard of Hearing in the
6 Department of Labor and Industry," further providing for
7 responsibilities of Office for the Deaf and Hard of Hearing
8 and for State registration required; providing for
9 provisional registration; and further providing for
10 registration and violations and for suspension, denial,
11 nonrenewal or revocation of registration.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 3 of the act of July 2, 2004 (P.L.492,
15 No.57), known as the Sign Language Interpreter and
16 Transliterator State Registration Act, is amended to read:
17 Section 3. Office responsibilities.
18 The office shall do all of the following:
19 (1) Administer this act.
20 (2) Register applicants in accordance with section 5 and
21 section 5.1.
1 (3) Maintain a list of all registrants and make the list
2 available upon request to the public and to Federal, State
3 and local agencies.
4 (4) Promulgate regulations necessary to carry out the
5 provisions of this act.
6 Section 2. Section 4(b)(3) of the act, amended July 7, 2006
7 (P.L.605, No.92), is amended and the section is amended by
8 adding a subsection to read:
9 Section 4. State registration required.
10 * * *
11 (b) Exceptions.--The following individuals are exempt from
12 the State registration requirements of subsection (a):
13 * * *
14 (3) An individual engaged in interpreting or
15 transliterating as part of a supervised internship or
16 practicum at an accredited college or university or the
17 [registry of interpreters for the deaf] Registry of
18 Interpreters for the Deaf or the National Association of the
19 Deaf, provided it is not in a legal, medical or mental health
20 setting.
21 * * *
22 (b.1) Provisional registrations.--A graduate of an
23 interpreter education program with an associate degree or higher
24 who obtains a provisional registration must apply within five
25 years from the date of graduation to obtain State registration.
26 * * *
27 Section 3. The act is amended by adding a section to read:
28 Section 5.1. Provisional registration.
29 (a) Application.--
30 (1) An individual may apply to the office for a
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1 provisional registration to be a sign language interpreter or
2 transliterator.
3 (2) The applicant must submit to the office all of the
4 following:
5 (i) A completed application.
6 (ii) Payment of any required fees.
7 (iii) Proof that the applicant has graduated from an
8 interpreter education program with an associate degree or
9 higher.
10 (3) The office shall review each completed application
11 and shall issue a sign language interperter provisional
12 registration to the applicant if the office is satisfied that
13 all of the following criteria have been met:
14 (i) The applicant is 18 years of age or older.
15 (ii) The applicant has graduated from an interpreter
16 education program with an associate degree or higher.
17 (iii) The applicant has paid all applicable fees
18 established pursuant to this act.
19 (iv) The applicant possesses the general fitness,
20 competence and reliability sufficient to satisfy the
21 office that the applicant is worthy of a provisional
22 registration.
23 (v) Other criteria as the office may establish by
24 regulation.
25 (b) Registration.--A sign language interpreter provisional
26 registration issued by the office shall be:
27 (1) Issued only in the name of the applicant.
28 (2) Issued in paper or electronic form.
29 (3) Nontransferable.
30 (4) Issued for a period not to exceed two years.
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1 (5) Issued only within five years from the date of
2 graduation from an interpreter education program with an
3 associate degree or higher.
4 (c) Renewal.--A registrant may renew a provisional
5 registration by submitting the office the information required
6 under subsection (a) and any applicable fees.
7 (d) Fees.--The fee for provisional registration or renewal
8 of an existing provisional registration shall, unless modified
9 by regulation, be $100.
10 Section 4. Sections 8(a) and 9 of the act are amended to
11 read:
12 Section 8. Registration violations.
13 (a) Violations.--The department shall have the authority to
14 impose disciplinary or corrective measures or levy civil
15 penalties on a registrant for doing any or all of the following:
16 (1) obtain a State registration, provisional
17 registration, or renewal of a registration through fraud,
18 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 interpreting or transliterating services;
22 (3) be the subject of disciplinary or other
23 administrative action taken against this registration,
24 certification or license to provide interpreting or
25 transliterating services in another state by a government
26 agency;
27 (4) commit fraud, gross negligence or misconduct
28 relating to provision of interpreting or transliterating
29 services as determined by the office;
30 (5) engage in any other misconduct relating to the
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1 provision of interpreting or transliterating services as
2 determined by the office; or
3 (6) violate the provisions of this act or the
4 regulations pertaining to this act as established by the
5 office.
6 * * *
7 Section 9. Suspension, denial, nonrenewal or revocation of
8 State registration or provisional registration.
9 (a) Action.--Actions relating to violations of this act
10 under this section shall be subject to the right of notice,
11 hearing and adjudication in accordance with 2 Pa.C.S. (relating
12 to administrative law and procedure). When the department is
13 empowered to take action for registration violations pursuant to
14 this act, the department may:
15 (1) Indefinitely suspend, suspend for a term certain,
16 refuse to issue, refuse to renew or revoke a State
17 registration or provisional registration.
18 (2) Issue a public reprimand.
19 (3) Require the registrant to take a refresher
20 educational course or training.
21 (b) Surrender of State registration.--If a registrant's
22 State registration or provisional registration has been
23 suspended or revoked, the registrant shall return the State
24 registration or provisional registration to the office in the
25 manner the office directs. An individual who fails to return a
26 State registration or provisional registration in accordance
27 with this subsection commits a summary offense.
28 (c) Reapplication.--
29 (1) An individual whose State registration or
30 provisional registration has been suspended may reapply to
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1 the office to have it reactivated, pursuant to regulations
2 adopted by the office. At a minimum, the individual must show
3 compliance with all the terms and conditions of the
4 suspension order and shall pay a reactivation fee to be
5 established by the office by regulation.
6 (2) An individual whose State registration or
7 provisional registration has been revoked may apply for a
8 State registration or provisional registration in accordance
9 with section 5 not earlier than five years after the date the
10 previous State registration or provisional registration was
11 revoked.
12 Section 5. This act shall take effect in 60 days.
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