BP BHEAD INT H [atlas:bill]

AN ACT Relating to licensing interpreters for the deaf and hard of hearing; amending RCW 2.42.010, 2.42.050, 2.42.110, 2.42.120, 2.42.130, 2.42.140, 2.42.150, 2.42.160, 2.42.170, and 2.42.180; adding a new chapter to Title 18 RCW; creating new sections; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. PURPOSE. The purpose of this act is to establish a system of licensing interpreters for the deaf and hard of hearing that will enhance the opportunities of persons who are deaf and hard of hearing to enjoy the fruits of our society, increase their educational opportunities, enhance their public safety and security, and allow them to more fully enjoy their constitutional rights.

PART I - LICENSING INTERPRETERS

NEW SECTION. Sec. 101. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Board" means the Washington board of interpreters for the deaf and hard of hearing.

(2) "Consumer" means a person who is deaf or hard of hearing or who requires special communication techniques in order to communicate.

(3) "Department" means the department of licensing.

(4) "Director" means the director of the department of licensing.

(5) "Interpreter" means a person who engages in the act or practice of interpreting for gain in the state of Washington, but does not include an intermediary interpreter, as defined under RCW 2.42.110.

(6) "Interpreting" means the act of translating or transliterating English concepts to any or all necessary specialized language used by a consumer or the act of translating a consumer's specialized vocabulary to English concepts.

(7) "Specialized vocabulary" means manual signs and gestures operating as visual or tactile ways of communicating thoughts, ideas, and feelings, including but not limited to American sign language, English-based sign language, cued speech, oral interpreting, manually coded English, and contact sign language.

NEW SECTION. Sec. 102. LICENSE REQUIREMENT. Effective December 1, 2002, a person may not represent himself or herself as an interpreter, or engage in the practice of interpreting, for the deaf or hard of hearing, without applying for a license, meeting the required qualifications, and being licensed as an interpreter, except as exempted and provided by this chapter. Effective December 1, 2002, a person or a public or private entity may not knowingly employ a person for interpreting for the deaf or hard of hearing unless the person is licensed by the department as an interpreter to engage in the act of interpreting for the deaf or hard of hearing, except as exempted and provided by this chapter.

Interpreters in judicial or administrative proceedings are governed by chapter 2.42 RCW.

NEW SECTION. Sec. 103. REQUIREMENTS FOR BEING LICENSED AS AN INTERPRETER. In addition to any other requirements that may be established by departmental rule, a person may be licensed as an interpreter for the deaf or hard of hearing only if he or she: (1) Possesses current certification by the national association of the deaf or the registry of interpreters for the deaf; or (2) has obtained a certificate of completion of a deaf interpretation program from a community or technical college in this state or an equivalent program.

A licensed interpreter must also have adequate professional liability insurance coverage and have passed a criminal background check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050, but the criminal background check need not include a fingerprint check. The department shall determine the adequacy of professional liability insurance coverage and require each licensed interpreter to submit proof of adequate professional liability insurance coverage.

NEW SECTION. Sec. 104. EXCLUSIONS FROM CHAPTER. This chapter does not apply to:

(1) Persons interpreting for religious activities;

(2) Persons volunteering to interpret without compensation, but not including persons volunteering to interpret for state agency offices and state agency programs;

(3) Persons interpreting during emergency situations. For purposes of this section, "emergency situation" means a situation where an adult who receives the interpretation services decides that the delay necessary to obtain a licensed interpreter is likely to cause him or her injury or loss and signs a waiver holding all persons harmless. The waiver must clearly state that the adult who receives the interpretation services knows he or she has a right to interpretation by a licensed interpreter and willingly waives this right;

(4) Persons who interpret for family members and do not receive compensation for this interpretation;

(5) Residents of this state with current certification by the national association of the deaf or the registry of interpreters for the deaf who interpret for twenty or fewer days in any year;

(6) Persons who interpret in public schools, except as provided under section 109 of this act;

(7) Persons who are interns or students in training who are:

(a) Enrolled in a program of study in interpreting at a recognized program of interpreter training or who have graduated from a recognized program of interpreter training within the previous two years;

(b) Interpreting under the supervision of a licensed interpreter as part of a supervised program of study; or

NEW SECTION. Sec. 105. BOARD OF INTERPRETERS FOR THE DEAF AND HARD OF HEARING. (1) The Washington board of interpreters for the deaf and hard of hearing is created, consisting of ten members as follows:

(a) The president of the Washington state association of the deaf or the president's designee;

(b) The director of the office of deaf and hard of hearing of the department of social and health services or the director's designee;

(c) A representative from the office of the superintendent of public instruction, appointed by the superintendent of public instruction;

(d) A consumer of interpreting services appointed by the secretary of the department of social and health services; and

(e) One representative appointed by each of the following groups:

(i) The Washington state association of the deaf, interpreters chapter;

(ii) The Washington state registry of interpreters for the deaf;

(iii) The American sign language teachers association;

(iv) The Washington school for the deaf;

(v) The Washington deaf and blind citizens; and

(vi) Self-help for the hard of hearing.

(2) If one of these groups fails to appoint a person, the board shall select a person from that group to represent the group. Board members shall serve staggered three-year terms of office, except that the director shall determine the staggering of terms by determining three initial members who have a one-year term of office and three initial members who have two-year terms of office, with the remaining three initial members having three-year terms of office. If a vacancy arises, a person must be appointed by the appropriate appointing authority to fill the remainder of the unexpired term of office.

(3) The members of the board shall not receive compensation for their services on the board. Members shall be reimbursed for actual and necessary expenses incurred in the performance of their duties by, and the board shall receive administrative services and staff support from, the office of deaf and hard of hearing of the department of social and health services. Members of the board are immune, collectively and individually, from suit in any action, criminal or civil, based upon any official acts performed in the course of their duties under this chapter.

NEW SECTION. Sec. 106. AUTHORITY OF THE DIRECTOR. The director shall:

(1) In consultation with the board, adopt rules under chapter 34.05 RCW to carry out the provisions of this chapter, including qualifications required for a person to be licensed as an interpreter;

(2) Determine what education programs are equivalent to a deaf interpretation program from a community or technical college in this state;

(3) Establish a professional code of ethics for interpreters that is consistent with the code of professional ethics for both the national association of the deaf and the registry of interpreters for the deaf;

(4) Issue licenses for interpreters, including the authority to issue licenses to persons who hold licenses from other states with substantially equivalent licensing standards as this state, with the normal authority that the director possesses to regulate other licensed professions, including authorities authorized under chapters 18.118 and 43.24 RCW;

(5) Establish forms and procedures necessary to administer this chapter; and

(6) Provide necessary clerical, administrative, investigative, and other staff as needed to implement this chapter apart from the staffing and administrative support for the board.

NEW SECTION. Sec. 107. RESPONSIBILITIES OF THE BOARD. The board shall advise the director and provide the director with ongoing reviews of professional development and support systems for interpreters, including a review of:

(1) Existing public and private education programs and training resources for interpretation that are provided in this state;

(2) The current number of licensed interpreters; and

(3) Areas of interpreter shortage based upon geographic areas and types of interpreting, such as mental health, education, and ethnic diversity.

NEW SECTION. Sec. 108. REVOKING OR SUSPENDING LICENSES. The director, in consultation with the board, shall establish a system to suspend or revoke licenses issued under this chapter and take other disciplinary action in the form of imposing a fine not to exceed five hundred dollars for each offense, if a licensee is found to be guilty of: (1) Obtaining a license by means of fraud, misrepresentation, or concealment; or (2) violating any of the provisions of this chapter, including any rules adopted by the director to implement this chapter. A proceeding to suspend or revoke a license, or take disciplinary action, must be initiated on the motion of the director or a deputy appointed by the director. The director or a deputy may preliminarily investigate a licensee on his or her own motion or may investigate a licensee in response to a written complaint requesting suspension or revocation, or the taking of disciplinary action, that is signed and verified by a person or persons familiar with the facts. After the preliminary investigation, the director or a deputy may initiate a formal proceeding for the suspension or revocation of a license, or taking of disciplinary action, before an administrative law judge of the office of administrative hearings. The license must be suspended or revoked, or the disciplinary action taken, if, by a preponderance of evidence, the administrative law judge determines that the licensee does not meet the requirements necessary to be licensed as an interpreter under this chapter or has violated the provisions of this chapter, including any rules adopted by the director to implement this chapter.

NEW SECTION. Sec. 109. EDUCATIONAL INTERPRETERS. Educational interpreters employed in, by, or for a public school must have successfully completed a thirty-hour training course offered through the office of the superintendent of public instruction. Commencing in the year 2003, any person newly employed by or for a public school as an educational interpreter must be a licensed interpreter and must have completed the educational training offered by the office of the superintendent of public instruction. If an educational interpreter for a public school has been employed in that capacity for four or more years prior to January 1, 2003, with satisfactory evaluations and without a period of more than six months between employment in the public school, the employee may be retained by the public school as an educational interpreter without meeting these standards. If a public school is unable to find a licensed interpreter, the public school may request a nonrenewable one-year waiver from the office of the superintendent of public instruction and must demonstrate that efforts have been made to seek an appropriately qualified person. The department shall annually provide a list of licensed interpreters to the superintendent of public instruction and shall make that list available upon request. The office of the superintendent of public instruction shall send a list of all licensed interpreters who have successfully completed the training to each school district every year.

NEW SECTION. Sec. 110. VIOLATIONS. Violation of or aiding in violation of any part of section 102 of this act constitutes a class 1 civil infraction under chapter 7.80 RCW.

PART II - INTERPRETERS IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS

Sec. 201. RCW 2.42.010 and 1989 c 358 s 12 are each amended to read as follows:

It is hereby declared to be the policy of this state to secure the constitutional rights of deaf persons and of other persons who, because of impairment of hearing or speech, are unable to readily understand or communicate the spoken English language, and who consequently cannot be fully protected in legal proceedings unless ((~~qualified~~)) licensed interpreters are available to assist them.

It is the intent of the legislature in the passage of this chapter to provide for the appointment of ((~~such~~)) licensed interpreters.

Sec. 202. RCW 2.42.050 and 1989 c 358 s 14 are each amended to read as follows:

Every ((~~qualified~~)) licensed interpreter, or other person, appointed under this chapter in a judicial or administrative proceeding shall, before beginning to interpret, take an oath that a true interpretation will be made to the person being examined of all the proceedings in a manner which the person understands, and that the interpreter will repeat the statements of the person being examined to the court or other agency conducting the proceedings, to the best of the interpreter's skill and judgment.

Sec. 203. RCW 2.42.110 and 1991 c 171 s 1 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) (("Impaired person" means a person who, because of a hearing or speech impairment, cannot readily understand or communicate in spoken language; and includes persons who are deaf, deaf and blind, speech impaired, or hard of hearing.

(2) "Qualified interpreter" means a visual language interpreter who is certified by the state or is certified by the registry of interpreters for the deaf to hold the comprehensive skills certificate or both certificates of interpretation and transliteration, or an interpreter who can readily translate statements of speech impaired persons into spoken language.

~~(3)~~)) "Licensed interpreter" or "licensed interpreter for the hearing impaired" means a person licensed to engage in interpreting under chapter 18.-- RCW (sections 101 through 110 of this act), but the exclusions from the requirements of those provisions that are contained in chapter 18.-- RCW (sections 101 through 110 of this act) do not apply to this chapter unless expressly permitted under the provisions of this chapter.

(2) "Intermediary interpreter" means a hearing impaired interpreter who holds a reverse skills certificate by the state or is certified by the registry of interpreters for the deaf with a reverse skills certificate, who meets the requirements of RCW 2.42.130, and who is able to assist in providing an accurate interpretation between spoken and sign language or between variants of sign language by acting as an intermediary between a hearing impaired person and a ((~~qualified~~)) licensed hearing interpreter.

((~~(4)~~)) (3) "Appointing authority" means the presiding officer or similar official of any court, department, board, commission, agency, licensing authority, or legislative body of the state or of any political subdivision.

Sec. 204. RCW 2.42.120 and 1985 c 389 s 12 are each amended to read as follows:

(1) If a hearing impaired person is a party or witness at any stage of a judicial or quasi-judicial proceeding in the state or in a political subdivision, including but not limited to civil and criminal court proceedings, grand jury proceedings, proceedings before a magistrate, juvenile proceedings, adoption proceedings, mental health commitment proceedings, and any proceeding in which a hearing impaired person may be subject to confinement or criminal sanction, the appointing authority shall appoint and pay for a ((~~qualified~~)) licensed interpreter to interpret the proceedings.

(2) If the parent, guardian, or custodian of a juvenile brought before a court is hearing impaired, the appointing authority shall appoint and pay for a ((~~qualified~~)) licensed interpreter to interpret the proceedings.

(3) If a hearing impaired person participates in a program or activity ordered by a court as part of the sentence or order of disposition, required as part of a diversion agreement or deferred prosecution program, or required as a condition of probation or parole, the appointing authority shall appoint and pay for a ((~~qualified~~)) licensed interpreter to interpret exchange of information during the program or activity.

(4) If a law enforcement agency conducts a criminal investigation involving the interviewing of a hearing impaired person, whether as a victim, witness, or suspect, the appointing authority shall appoint and pay for a ((~~qualified~~)) licensed interpreter throughout the investigation. Whenever a law enforcement agency conducts a criminal investigation involving the interviewing of a minor child whose parent, guardian, or custodian is hearing impaired, whether as a victim, witness, or suspect, the appointing authority shall appoint and pay for a ((~~qualified~~)) licensed interpreter throughout the investigation. ((No)) An employee of the law enforcement agency who has responsibilities other than interpreting may not be appointed as the ((~~qualified~~)) licensed interpreter.

(5) If a hearing impaired person is arrested for an alleged violation of a criminal law the arresting officer or the officer's supervisor shall, at the earliest possible time, procure and arrange payment for a ((~~qualified~~)) licensed interpreter for any notification of rights, warning, interrogation, or taking of a statement. ((No)) An employee of the law enforcement agency who has responsibilities other than interpreting may not be appointed as the ((~~qualified~~)) licensed interpreter.

(6) Where it is the policy and practice of a court of this state or of a political subdivision to appoint and pay counsel for persons who are indigent, the appointing authority shall appoint and pay for a ((~~qualified~~)) licensed interpreter for hearing impaired persons to facilitate communication with counsel in all phases of the preparation and presentation of the case.

Sec. 205. RCW 2.42.130 and 1991 c 171 s 2 are each amended to read as follows:

(1) If a ((~~qualified~~)) licensed interpreter for a hearing impaired person is required, the appointing authority shall request a ((~~qualified interpreter and/or an intermediary~~)) licensed interpreter through the department of social and health services, office of deaf services, or through any community center for hearing impaired persons which operates an interpreter referral service. The office of deaf services and these community centers shall maintain an up-to-date list or lists of licensed interpreters ((~~that are certified by the state and/or by the registry of interpreters for the deaf~~)).

(2) The appointing authority shall make a preliminary determination, on the basis of testimony or stated needs of the hearing impaired person, that the licensed interpreter is able in that particular proceeding, program, or activity to interpret accurately all communication to and from the hearing impaired person. If at any time during the proceeding, program, or activity, in the opinion of the hearing impaired person or a qualified observer, the licensed interpreter does not provide accurate, impartial, and effective communication with the hearing impaired person the appointing authority shall appoint another ((~~qualified~~)) licensed interpreter. ((~~No otherwise qualified~~)) A licensed interpreter who is a relative of any participant in the proceeding may not be appointed.

Sec. 206. RCW 2.42.140 and 1985 c 389 s 14 are each amended to read as follows:

If the communication mode or language of the hearing impaired person is not readily interpretable, the interpreter or hearing impaired person shall notify the appointing authority who shall appoint and pay an intermediary interpreter to assist the ((~~qualified~~)) licensed interpreter.

Sec. 207. RCW 2.42.150 and 1985 c 389 s 15 are each amended to read as follows:

(1) The right to a ((~~qualified~~)) licensed interpreter may not be waived except when:

(a) A hearing impaired person requests a waiver through the use of a ((~~qualified~~)) licensed interpreter;

(b) The counsel, if any, of the hearing impaired person consents; and

(2) Waiver of a ((~~qualified~~)) licensed interpreter shall not preclude the hearing impaired person from claiming his or her right to a ((~~qualified~~)) licensed interpreter at a later time during the proceeding, program, or activity.

Sec. 208. RCW 2.42.160 and 1991 c 171 s 3 are each amended to read as follows:

(1) A ((~~qualified~~)) licensed and/or intermediary interpreter shall not, without the written consent of the parties to the communication, be examined as to any communication the interpreter interprets under circumstances where the communication is privileged by law.

(2) A ((~~qualified~~)) licensed and/or intermediary interpreter shall not, without the written consent of the parties to the communication, be examined as to any information the interpreter obtains while interpreting pertaining to any proceeding then pending.

Sec. 209. RCW 2.42.170 and 1991 c 171 s 4 are each amended to read as follows:

A ((~~qualified~~)) licensed and/or intermediary interpreter appointed under this chapter is entitled to a reasonable fee for services, including waiting time and reimbursement for actual necessary travel expenses. The fee for services for interpreters for hearing impaired persons shall be in accordance with standards established by the department of social and health services, office of deaf services.

Sec. 210. RCW 2.42.180 and 1985 c 389 s 18 are each amended to read as follows:

At the request of any party to the proceeding or on the appointing authority's initiative, the appointing authority may order that the testimony of the hearing impaired person and the interpretation of the proceeding by the ((~~qualified~~)) licensed interpreter be visually recorded for use in verification of the official transcript of the proceeding.

In any judicial proceeding involving a capital offense, the appointing authority shall order that the testimony of the hearing impaired person and the interpretation of the proceeding by the ((~~qualified~~)) licensed interpreter be visually recorded for use in verification of the official transcript of the proceeding.

PART III - MISCELLANEOUS

NEW SECTION. Sec. 301. This act takes effect December 1, 2000.

NEW SECTION. Sec. 302. Sections 101 through 110 of this act constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 303. Section captions and part headings used in this act are not part of the law.