Bill Text: FL H0443 | 2010 | Regular Session | Introduced

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Bill Title: Interpreters and Transliterators

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on PreK-12 Policy (EPC) [H0443 Detail]

Download: Florida-2010-H0443-Introduced.html

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HB 443

1	A bill to be entitled
2	An act relating to interpreters and transliterators;
3	creating s. 1002.362, F.S.; requiring the Florida School
4	for the Deaf and the Blind to designate an entity to issue
5	credentials to interpreters and transliterators who
6	provide services for persons who are deaf or hard of
7	hearing; providing definitions; requiring that a person
8	who provides interpreting or transliterating services
9	possess a credential issued under the act; providing a
10	temporary exception for persons who hold a credential from
11	another state; requiring that the credentialing entity
12	establish the Interpreters for the Deaf and Hard of
13	Hearing Advisory Board; providing duties of the board;
14	authorizing the credentialing entity to seek injunctive
15	relief for certain violations; prohibiting the use of
16	public funds to employ interpreters or transliterators who
17	do not hold valid credentials; providing a temporary
18	exemption for persons practicing as interpreters or
19	transliterators on a specified date; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Section 1002.362, Florida Statutes, is created
25	to read:
26	1002.362 Credentialing of interpreters and
27	transliterators.-
28	(1) The Florida School for the Deaf and the Blind shall
29	designate a statewide entity to issue credentials to
30	interpreters and transliterators in this state.
31	(2) As used in this section, the term:
32	(a) "Credentialing entity" means the entity designated by
33	the Florida School for the Deaf and the Blind pursuant to
34	subsection (1).
35	(b) "Deaf" means a nonfunctional sense of hearing for the
36	purpose of communication. A person who is deaf primarily uses
37	visual methods of communication. Unless otherwise specified, the
38	term also includes a person who is hard of hearing or a person
39	who is deaf-blind.
40	(c) "Deaf-blind" means that the senses of hearing and
41	sight are limited for the purpose of communication. A person who
42	is deaf-blind primarily uses visual or tactile methods of
43	communication.
44	(d) "Hard of hearing" means hearing loss that results in
45	the possible dependence on visual methods to communicate.
46	(e) "Interpreter" means a person who provides accessible
47	and effective communication between persons who are deaf or hard
48	of hearing and persons who are hearing, including, but not
49	limited to, communication through American Sign Language and
50	English or other modalities that involve visual, gestural, oral
51	or aural, and tactile methods of communication.
52	(f) "Sign language" means a continuum of visual-gestural
53	language and communication systems that is based on hand signs
54	and is not limited to American Sign Language.
55	(g) "Transliterator" means a person who provides
56	accessible and effective communication between persons who are
57	deaf or hard of hearing and persons who hear, primarily using
58	sign language or other signed mode of English and spoken
59	English.
60	(3) Unless otherwise exempt as provided in subsection (4)
61	or subsection (8), a person who represents himself or herself as
62	an interpreter or transliterator or who provides interpreting or
63	transliterating services for remuneration or pro bono in
64	circumstances in which the services of a qualified interpreter
65	or transliterator are requested under the Americans with
66	Disabilities Act of 1990, s. 504 of the Rehabilitation Act of
67	1973, the Individuals with Disabilities Education Improvement
68	Act of 2004, or the No Child Left Behind Act of 2001, and the
69	regulations adopted thereunder, or other applicable state or
70	federal law, must possess a credential issued under this section
71	to provide interpreter or transliterator services.
72	(4) A person who holds a credential to practice as an
73	interpreter or transliterator in another state may practice for
74	2 years after initial employment in this state without being
75	issued a credential under this section.
76	(5) The credentialing entity, in cooperation with the
77	Florida Registry of Interpreters for the Deaf, Inc., shall
78	establish the Interpreters for the Deaf and Hard of Hearing
79	Advisory Board. The board shall recommend to the credentialing
80	entity policies, procedures, and actions necessary to issue a
81	credential to interpreters and transliterators, consistent with
82	standards endorsed by the Florida Registry of Interpreters for
83	the Deaf, Inc., the Registry of Interpreters for the Deaf, Inc.,
84	and the National Association of the Deaf, Inc.
85	(6) The credentialing entity may seek injunctive relief to
86	enjoin persons who are practicing as interpreters or
87	transliterators but who do not hold a valid credential issued
88	under this section or who are not exempt as provided in
89	subsection (4) or subsection (8).
90	(7) Public funds may not be used to employ interpreters or
91	transliterators who do not hold a valid credential issued under
92	this section.
93	(8) The following persons are exempt from the requirements
94	of this section:
95	(a) A person who provides interpreting services in
96	situations where the delay in obtaining a credentialed
97	interpreter may result in immediate injury or economic loss.
98	(b) A student or intern practicing under the supervision
99	of an interpreter or transliterator who holds a valid
100	credential.
101	(c) A noncredentialed person providing interpreting
102	services until a credentialed interpreter or transliterator is
103	secured in order to facilitate emergency services and care by a
104	hospital, pursuant to s. 395.1041, if a health care practitioner
105	determines that a delay in obtaining a credentialed interpreter
106	or transliterator may result in harm to a patient.
107	(9) A person practicing as an interpreter or
108	transliterator on July 1, 2010, must apply for a credential
109	under this section. Except as otherwise provided in subsection
110	(4) or subsection (8), a person practicing as an interpreter or
111	transliterator on or after July 1, 2012, must hold a valid
112	credential issued under this section.
113	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.