S-4220.1

SUBSTITUTE SENATE BILL 5995

BySenate Labor & Commerce (originally sponsored by Senators Saldaña, Valdez, Kauffman, Trudeau, Hasegawa, Keiser, Kuderer, Nguyen, Nobles, and C. Wilson)

AN ACT Relating to creating a professional license for spoken language interpreters and translators; amending RCW 43.24.150; and adding a new chapter to Title 18 RCW.

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

(2) The legislature finds that an inadequate number of individuals available to provide interpreting services to injured workers and medicaid enrollees with limited English proficiency potentially increases the liability risks for health care providers and negative health outcomes for these patients.

(3) The legislature finds that businesses and government agencies across Washington need access to professional language services to ensure their customers and clients with limited English proficiency can have meaningful access to participate in the programs, activities, and services offered by businesses and government agencies.

(4) Therefore, the legislature intends to create a professional licensing program for spoken language interpreters and translators to protect consumers and help meet the needs of all Washingtonians who require interpreting and translating services.

(1) "Advisory committee" means the advisory committee on interpreting created in section 10 of this act.

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

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

(4) "Interpreter" means an individual who interprets spoken languages and is licensed by the department of licensing.

(a) "Medical interpreter" means an interpreter who is licensed by the department who has received a medical endorsement.

(b) "Social services interpreter" means an interpreter who is licensed by the department who has received a social services endorsement.

(c) "Licensed certified interpreter" means an interpreter who is licensed by the department who has passed an exam of the individual's oral transfer skills in at least two of the following modes of interpretation: Simultaneous, consecutive, or sight.

(d) "Licensed authorized interpreter" means an interpreter who is licensed by the department who has passed an exam of the individual's oral transfer skills that were tested in the sight and consecutive modes through back translation.

(5) "Licensed translator" means a translator who translates spoken languages on written documents and is licensed by the department.

(1) Adopt rules necessary to implement this chapter;

(2) Establish reasonable examination, licensing, and renewal fees for spoken language interpreters and translators licensed under this chapter;

(3) Develop and administer examinations for licensure under this chapter, subject to section 4 of this act;

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

(5) Beginning January 1, 2029, issue licenses to applicants who have met the department's requirements for obtaining a license and deny licenses to applicants who do not meet the requirements;

(6) Compile and maintain a current list of interpreters and translators licensed by the department;

(7) Provide staffing and administrative support to the advisory committee created in section 10 of this act;

(8) Determine which states, if any, have credentialing requirements equivalent to those of this state, and issue licenses to applicants credentialed in those states without examination;

(9) By July 1, 2029, adopt rules for licensure renewal, including for approval of continuing education activities licensees must complete as part of the individual's license renewal;

(10) Establish by rule the procedures for an appeal of an examination failure;

(11) Establish by rule the procedures for revoking licenses issued pursuant to this chapter and the procedures for an appeal of a revocation decision; and

(12) Periodically evaluate language access within the state to ensure Washingtonians are able to participate in the programs, activities, and services offered by businesses and government agencies.

(2) The department must administer examinations of applicants for licensure as a licensed certified interpreter in at least the following languages: Cantonese Chinese, Mandarin Chinese, Korean, Russian, Spanish, and Vietnamese.

(3) For languages in which the department does not offer certification licensure, the department must administer examinations to applicants for licensure as a licensed authorized interpreter.

(4) At a minimum, the department's licensure for certified and authorized interpreters must provide for a medical or social services endorsement.

(5) For applications for licensure as a licensed translator, the department must administer examinations in at least the following languages: Cantonese Chinese, Mandarin Chinese, Korean, Russian, Spanish, and Vietnamese.

(1) To act or hold themselves out as a licensed interpreter or use the title of "licensed interpreter," unless the individual holds a valid license under this chapter, except if the individual is currently authorized under chapter 2.43 or 28A.183 RCW or working as a bilingual employee under RCW 74.04.025; or

(2) To act or hold themselves out as a licensed translator or use the title "licensed translator" unless the individual holds a valid license under this chapter.

(2)(a) Other than individuals included in (b) of this subsection, if an individual has an active interpreter or translator credential issued by the department of social and health services prior to January 1, 2029, the individual is eligible for the relevant licensure renewal under this chapter before the expiration date of the individual's current credential without examination.

(b) Individuals who received a credential issued by the department of social and health services based solely on having submitted a passing score on a written exam administered by the certification commission for healthcare interpreters or the national board of certification for medical interpreters are not eligible for the relevant licensure renewal under this chapter without passing the department's examination.

(c) Individuals who have an active certification by the department of social and health services in Cambodian or Laotian are eligible for renewal under this chapter as a licensed certified interpreter before the expiration date of the individual's credential regardless of whether the department is offering certification in Cambodian or Laotian.

(3) By July 1, 2028, the department of social and health services must transmit to the department all materials related to interpreters and translators certified and authorized by the department of social and health services, as requested by the department.

(2) At a minimum, the requirements for license renewal must include:

(a) Completion of continuing education or training, including on ethics; and

(b) Renewal of the license after a four-year period.

(3) Failure to renew the license invalidates the license and all privileges granted by the license.

(2) By January 1, 2025, the department of social and health services must transmit all data, materials, and technology from its language testing and certification program to the department, including examination materials from prior to March 1, 2020, except that any materials for bilingual employee examinations in compliance with RCW 74.04.025 do not need to be transmitted.

(3) The department must post online a resource page that includes links to information that must be maintained by the relevant state agency on the number of requests for spoken language interpreter services that went unfilled for the department of social and health services, the department of children, youth, and families, the health care authority, the department of labor and industries, and the procurement process in RCW 39.26.300.

(a) Three members who provide spoken language interpretation or translation services in Washington state and who:

(i) Prior to January 1, 2029, were certified or authorized by the department of social and health services; and

(ii) Beginning January 1, 2029, are licensed by the department under this chapter;

(b) One member from a community organization that provides direct services to limited English speaking consumers;

(c) Two members who are a medical provider or represent organizations who utilize state-paid interpreter services to provide health care services to injured workers or medicaid enrollees;

(d) Three individuals representing an exclusive collective bargaining representative of spoken language interpreters in the state. The individuals may represent the same union;

(e) One member each from the Washington state office of equity established in RCW 43.06D.020, the department of social and health services, the health care authority, the department of labor and industries, and the department of enterprise services;

(f) Two members representing a community and technical college. One member must be from a college east of the summit of the Cascade mountains and one member must be from a college west of the summit of the Cascade mountains.

(2) The director must appoint all members of the advisory committee. All members must be familiar with the practice of spoken language interpreter services and able to provide the department with expertise and assistance in carrying out the duties of this chapter. The agency members under subsection (1)(e) of this section must be appointed by their respective agency directors and then referred to the department for appointment to the advisory committee. The members under subsection (1)(f) of this section must be appointed by the executive director of the state board for community and technical colleges and then referred to the department for appointment to the advisory committee.

(3) The department must consult regularly with the advisory committee on issues related to interpreter and translator licensure and renewal.

Sec. 12. RCW 43.24.150 and 2017 c 281 s 40 are each amended to read as follows:

(1) The business and professions account is created in the state treasury. All receipts from business or professional licenses, registrations, certifications, renewals, examinations, or civil penalties assessed and collected by the department from the following chapters must be deposited into the account:

(a) Chapter 18.11 RCW, auctioneers;

(b) Chapter 18.16 RCW, cosmetologists, barbers, and manicurists;

(c) Chapter 18.145 RCW, court reporters;

(d) Chapter 18.165 RCW, private investigators;

(e) Chapter 18.170 RCW, security guards;

(f) Chapter 18.185 RCW, bail bond agents;

(g) Chapter 18.280 RCW, home inspectors;

(h) Chapter 19.16 RCW, collection agencies;

(i) Chapter 19.31 RCW, employment agencies;

(j) Chapter 19.105 RCW, camping resorts;

(k) Chapter 19.138 RCW, sellers of travel;

(l) Chapter 42.45 RCW, notaries public;

(m) Chapter 64.36 RCW, timeshares;

(n) Chapter 67.08 RCW, boxing, martial arts, and wrestling;

(o) Chapter 18.300 RCW, body art, body piercing, and tattooing;

(p) Chapter 79A.60 RCW, whitewater river outfitters;

(q) Chapter 19.158 RCW, commercial telephone solicitation; ((and))

(r) Chapter 19.290 RCW, scrap metal businesses; and

(s) Chapter 18.--- RCW (the new chapter created in section 13 of this act), interpreters and translators.

Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for expenses incurred in carrying out these business and professions licensing activities of the department. Any residue in the account must be accumulated and may not revert to the general fund at the end of the biennium. However, during the 2013-2015 fiscal biennium the legislature may transfer to the state general fund such amounts as reflect the excess fund balance in the account.

(2) The director must biennially prepare a budget request based on the anticipated costs of administering the business and professions licensing activities listed in subsection (1) of this section, which must include the estimated income from these business and professions fees.

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