Bill Text: FL S0942 | 2012 | Regular Session | Introduced

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Bill Title: Interpreters and Transliterators

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Regulated Industries [S0942 Detail]

Download: Florida-2012-S0942-Introduced.html

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       Florida Senate - 2012                                     SB 942
       
       
       
       By Senator Wise
       
       
       
       
       5-00482A-12                                            2012942__
    1                        A bill to be entitled                      
    2         An act relating to interpreters and transliterators;
    3         creating s. 1002.362, F.S.; defining terms; requiring
    4         that, under certain circumstances, a person who
    5         provides interpreting or transliterating services
    6         possess a credential issued under the act; providing a
    7         temporary exception for a person who holds a
    8         credential from another state; requiring that the
    9         credentialing entity establish the Interpreters for
   10         the Deaf and Hard of Hearing Advisory Board; providing
   11         duties of the board; authorizing the credentialing
   12         entity to seek injunctive relief for certain
   13         violations; prohibiting the use of public funds to
   14         employ interpreters or transliterators who do not hold
   15         valid credentials; providing a temporary exemption for
   16         persons practicing as interpreters or transliterators;
   17         requiring that a person practicing as an interpreter
   18         or transliterator on or after a specified date apply
   19         for a credential; requiring that a person practicing
   20         as an interpreter or transliterator on or after a
   21         specified date hold a valid credential; providing an
   22         effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 1002.362, Florida Statutes, is created
   27  to read:
   28         1002.362 Credentialing of interpreters and
   29  transliterators.—
   30         (1) As used in this section, the term:
   31         (a) “Credentialing entity” means an entity approved
   32  pursuant to s. 402.40(3).
   33         (b) “Deaf” means having a hearing impairment of such
   34  severity that a person must depend on visual or tactile methods,
   35  or both, to communicate.
   36         (c) “Deaf-blind” means that the senses of hearing and sight
   37  are limited for the purpose of communication. A person who is
   38  deaf-blind uses primarily visual or tactile methods of
   39  communication.
   40         (d) “Hard of hearing” means having a hearing impairment
   41  that results in a loss of hearing functions to a person and in
   42  which the person relies on residual hearing that may be
   43  sufficient to process linguistic information through audition
   44  with or without amplification under favorable listening
   45  conditions; depends on visual methods to communicate; depends on
   46  assistive listening devices; or has an impairment with other
   47  auditory disabling conditions.
   48         (e) “Interpreter” means a person who provides accessible
   49  and effective communication between persons who are deaf, hard
   50  of hearing, or deaf-blind and persons who are hearing,
   51  including, but not limited to, communication through American
   52  Sign Language and English or other modalities that involve
   53  visual, gestural, oral or aural, and tactile methods of
   54  communication.
   55         (f) “Sign language” means a continuum of visual-gestural
   56  language and communication systems that employ signs made with
   57  the hands and other movements, including facial expressions and
   58  postures of the body. The term is not limited to American Sign
   59  Language.
   60         (g) “Transliterator” means a person who provides accessible
   61  and effective communication between persons who are deaf, hard
   62  of hearing, or deaf-blind and persons who hear, primarily using
   63  sign language or other signed mode of English and spoken
   64  English.
   65         (2) Unless otherwise exempt as provided in subsection (4)
   66  or subsection (8), a person who represents himself or herself as
   67  an interpreter or transliterator or who provides interpreting or
   68  transliterating services for remuneration or pro bono in
   69  circumstances in which the services of a qualified interpreter
   70  or transliterator are requested under the Americans with
   71  Disabilities Act of 1990, s. 504 of the Rehabilitation Act of
   72  1973, the Individuals with Disabilities Education Improvement
   73  Act of 2004, or the No Child Left Behind Act of 2001, and the
   74  regulations adopted thereunder, or other applicable state or
   75  federal law, must possess a credential issued under this section
   76  to provide interpreting or transliterating services.
   77         (3) A person who holds a credential to practice as an
   78  interpreter or transliterator in another state may practice for
   79  2 years after initial employment in this state without being
   80  issued a credential under this section.
   81         (4) The credentialing entity, in cooperation with the
   82  Florida Registry of Interpreters for the Deaf, Inc., shall
   83  establish the Interpreters for the Deaf and Hard of Hearing
   84  Advisory Board. The board shall recommend to the credentialing
   85  entity policies, procedures, and actions necessary to issue a
   86  credential to interpreters and transliterators, consistent with
   87  standards endorsed by the Florida Registry of Interpreters for
   88  the Deaf, Inc., the Registry of Interpreters for the Deaf, Inc.,
   89  and the National Association of the Deaf.
   90         (5) The credentialing entity may seek injunctive relief to
   91  enjoin persons who are practicing as interpreters or
   92  transliterators but who do not hold a valid credential issued
   93  under this section or who are not exempt as provided in
   94  subsection (3) or subsection (7).
   95         (6) Public funds may not be used to employ interpreters or
   96  transliterators who do not hold a valid credential issued under
   97  this section.
   98         (7) The following persons are exempt from the requirements
   99  of this section:
  100         (a) A person who provides interpreting services in
  101  situations in which the delay in obtaining a credentialed
  102  interpreter may result in immediate injury or economic burden.
  103         (b) A student or intern practicing under the supervision of
  104  an interpreter or transliterator who holds a valid credential.
  105         (c) A noncredentialed person providing interpreting
  106  services until a credentialed interpreter or transliterator is
  107  secured in order to facilitate emergency services and care by a
  108  hospital, pursuant to s. 395.1041, if a health care practitioner
  109  determines that a delay in obtaining a credentialed interpreter
  110  or transliterator may result in harm to a patient.
  111         (8) A person practicing as an interpreter or transliterator
  112  on or after July 1, 2012, must apply for a credential under this
  113  section. Except as otherwise provided in subsection (3) or
  114  subsection (7), a person practicing as an interpreter or
  115  transliterator on or after July 1, 2014, must hold a valid
  116  credential issued under this section.
  117         Section 2. This act shall take effect July 1, 2012.