THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRADFORD, EACHUS, FABRIZIO, GEORGE, GIBBONS, GRUCELA, KORTZ, MANN, PALLONE, READSHAW, SIPTROTH AND STURLA, MARCH 13, 2009

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 13, 2009  

AN ACT

Amending the act of July 2, 2004 (P.L.492, No.57), entitled "An

act providing for State registration of individuals providing

sign language interpreting and transliterating services to

individuals who are deaf or hard of hearing; and imposing

duties on the Office for the Deaf and Hard of Hearing in the

Department of Labor and Industry," further providing for

definitions, for responsibilities of Office for the Deaf and

Hard of Hearing and for State registration required;

providing for provisional registration; and further providing

for change of personal information, for registration

violations and for suspension, denial, nonrenewal or

revocation of State registration.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of July 2, 2004 (P.L.492,

No.57), known as the Sign Language Interpreter and

Transliterator State Registration Act, amended July 7, 2006

(P.L.605, No.92), is amended to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Applicant."  An individual who applies for State

registration in accordance with section 5 or provisional

registration under section 5.1.

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Interpreting."  The process of conveying English in

grammatically correct American Sign Language and the process of

conveying American Sign Language in English.

"Office."  The Office for the Deaf and Hard of Hearing within

the Department of Labor and Industry.

"Qualified sign language interpreter."  An individual

[registered] who is State-registered under this act and who

engages in sign language interpretation.

"Qualified transliterator."  An individual [registered] who

is State-registered under this act who engages in

transliteration.

"Registrant."  An individual [registered] who is State-

registered under this act as either a qualified sign language

interpreter or a qualified transliterator.

"Sign language interpreter."  An individual who provides

individuals who are deaf and hard of hearing with interpreting

or transliterating services.

"Transliterating."  The process of conveying a spoken message

from a person who hears to a person who is deaf or hard of

hearing and the ability to repeat the message and intent of the

speech, mouth movements or English-based signed system of the

person who is deaf or hard of hearing.

Section 2.  Section 3 of the act is amended to read:

Section 3.  Office responsibilities.

The office shall do all of the following:

(1)  Administer this act.

(2)  Register applicants in accordance with section 5 and

section 5.1.

(3)  Maintain a list of all registrants and individuals

who have obtained a provisional registration and make the

list available upon request to the public and to Federal,

State and local agencies.

(4)  Promulgate regulations necessary to carry out the

provisions of this act.

Section 3.  Section 4(b) of the act, amended July 7, 2006

(P.L.605, No.92), is amended to read:

Section 4.  State registration required.

* * *

(b)  Exceptions.--The following individuals are exempt from

the State registration requirements of subsection (a):

(1)  An individual engaged in interpreting or

transliterating at a worship service conducted by a religious

entity and services for educational purposes for a religious

entity or religiously affiliated school.

(2)  An individual engaged in sign language interpreting

or transliterating during an emergency, when a delay in

obtaining a State-registered interpreter or State-registered

transliterator might lead to injury or loss to the individual

requiring the services.

(3)  An individual engaged in interpreting or

transliterating as part of a supervised internship or

practicum at an accredited college or university [or the

registry of interpreters for the deaf or the National

Association of the Deaf, provided it is not in a legal,

medical or mental health setting.] if it is not in any of the

following:

(i)  A legal setting.

(ii)  A medical or mental health setting, unless

accompanied by a qualified sign language interpreter or

qualified transliterator.

(4)  An individual who is certified by the National

Association of the Deaf or the Registry of Interpreters for

the Deaf from outside the Commonwealth who provides

interpreting or transliterating services in the Commonwealth

for a period not exceeding 14 days each calendar year.

(5)  An individual engaged in interpreting or

transliterating at the request of an individual who is deaf

or hard of hearing if the individual informs the client that

the individual is not registered under this act.

(6)  An individual who engages in interpreting or

transliterating strictly as a volunteer.

(7)  An individual employed in a public or private

elementary or secondary school or institution chartered by

the Commonwealth who engages in interpreting or

transliterating for the instruction of students or other

school-related activity. Individuals exempt pursuant to this

subsection shall comply with regulations promulgated by the

State Board of Education establishing criteria for persons

providing sign language interpreting and transliterating

services to students.

[(8)  An individual engaged in interpreting or

transliterating in a physician's office, provided that a

patient is informed that the individual is not registered

under this act and that the patient has the right to request

or provide a State-registered interpreter.]

(9)  An individual who obtains a provisional registration

under section 5.1.

* * *

Section 4.  The act is amended by adding a section to read:

Section 5.1.  Provisional registration.

(a)  Application.--

(1)  An individual may apply to the office for a

provisional registration to be a sign language interpreter or

transliterator.

(2)  The applicant must submit to the office all of the

following:

(i)  A completed application.

(ii)  Payment of any required fees.

(iii)  Proof that within five years prior to the date

of application for provisional registration the applicant

has graduated from an interpreter education program with

an associate degree or higher from an accredited

institution of higher education.

(iv)  Proof that the applicant has passed a written

examination approved by the office.

(3)  The office shall review each completed application

and shall issue a sign language interpreter provisional

registration to the applicant if the office is satisfied that

all of the following criteria have been met:

(i)  The applicant is 18 years of age or older.

(ii)  The applicant has graduated from an interpreter

education program with an associate degree or higher.

(iii)  The applicant has paid all applicable fees

established pursuant to this act.

(iv)  The applicant possesses the general fitness,

competence and reliability sufficient to satisfy the

office that the applicant is worthy of a provisional

registration.

(v)  Other criteria as the office may establish by

regulation.

(b)  Registration.--A sign language interpreter provisional

registration issued by the office shall be:

(1)  Issued only in the name of the applicant.

(2)  Issued in paper or electronic form.

(3)  Nontransferable.

(4)  Issued for a period not to exceed one year.

(5)  Issued for interpreter or transliterator services in

this Commonwealth except in any of the following:

(i)  A legal setting.

(ii)  A mental health setting unless accompanied by a

qualified sign language interpreter or qualified

transliterator.

(iii)  A physician's office, unless the patient is

informed that the individual engaged in interpreting or

transliterating has obtained a provisional registration,

is not State-registered under this act and that the

patient has the right to be provided upon request a

qualified sign language interpreter or qualified

transliterator.

(iv)  A critical care or emergency setting.

(c)  Renewal.--An individual may annually renew a provisional

registration by submitting to the office the information

required under subsection (a) along with proof of completion of

at least 20 hours of professional development approved by the

office and any applicable fees. The office may approve only two

consecutive renewals.

(d)  Fees.--The fee for provisional registration or renewal

of an existing provisional registration shall, unless modified

by regulation, be $50.

Section 5.  Sections 6, 8 and 9 of the act are amended to

read:

Section 6.  Change of personal information.

A registrant or individual who has obtained a provisional

registration shall notify the office of any change of name or

mailing address within ten days of the change.

Section 8.  Registration violations.

(a)  Violations.--The department shall have the authority to

impose disciplinary or corrective measures or levy civil

penalties on a registrant or an individual who has obtained a

provisional registration for doing any or all of the following:

(1)  obtain a State registration, provisional

registration or renewal of a registration through fraud,

deceit or misrepresentation;

(2)  be convicted of a felony or a crime, in this

Commonwealth or other jurisdiction, relating to the provision

of interpreting or transliterating services;

(3)  be the subject of disciplinary or other

administrative action taken against this registration,

certification or license to provide interpreting or

transliterating services in another state by a government

agency;

(4)  commit fraud, gross negligence or misconduct

relating to provision of interpreting or transliterating

services as determined by the office;

(5)  engage in any other misconduct relating to the

provision of interpreting or transliterating services as

determined by the office; or

(6)  violate the provisions of this act or the

regulations pertaining to this act as established by the

office.

(b)  Procedure.--If the department finds a violation of

subsection (a), it shall give written notice to the [registrant] 

individual specifying the violation or violations found. The

department may assess an administrative fine not to exceed $500

for each violation. In setting the fine, the department shall

consider the severity of the violation and whether there is a

pattern of violations.

Section 9.  Suspension, denial, nonrenewal or revocation of

State registration or provisional registration.

(a)  Action.--Actions relating to violations of this act

under this section shall be subject to the right of notice,

hearing and adjudication in accordance with 2 Pa.C.S. (relating

to administrative law and procedure). When the department is

empowered to take action for registration violations pursuant to

this act, the department may:

(1)  Indefinitely suspend, suspend for a term certain,

refuse to issue, refuse to renew or revoke a State

registration or provisional registration.

(2)  Issue a public reprimand.

(3)  Require the [registrant] individual to take a

refresher educational course or training.

(b)  Surrender of State registration or provisional

registration.--If [a registrant's] an individual's State

registration or provisional registration has been suspended or

revoked, the [registrant] individual shall return the State

registration or provisional registration to the office in the

manner the office directs. An individual who fails to return a

State registration or provisional registration in accordance

with this subsection commits a summary offense.

(c)  Reapplication.--

(1)  An individual whose State registration has been

suspended may reapply to the office to have it reactivated,

pursuant to regulations adopted by the office. At a minimum,

the individual must show compliance with all the terms and

conditions of the suspension order and shall pay a

reactivation fee to be established by the office by

regulation.

(2)  An individual whose State registration or

provisional registration has been revoked may apply for a

State registration in accordance with section 5 not earlier

than five years after the date the previous State

registration or provisional registration was revoked.

(d)  Surrender of provisional registration.--Upon expiration

of a provisional registration the individual shall surrender the

provisional registration to the office in a manner the office

directs and cease providing interpreter and transliterator

services in this Commonwealth. An individual who fails to return

a provisional registration in accordance with this subsection

commits a summary offense.

Section 6.  This act shall take effect July 1, 2009, or

immediately, whichever is later.