Bill Text: NY S08031 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the licensing of sign language interpreters and creates a state board for sign language interpreting.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-03-11 - REFERRED TO HIGHER EDUCATION [S08031 Detail]

Download: New_York-2019-S08031-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8031

                    IN SENATE

                                     March 11, 2020
                                       ___________

        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education law, in relation to the licensing of  sign
          language  interpreters  and  creating  a state board for sign language
          interpreting

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new article 169 to
     2  read as follows:
     3                                 ARTICLE 169
     4                         SIGN LANGUAGE INTERPRETERS
     5  Section 8900. Introduction.
     6          8901. Definitions.
     7          8902. Practice of sign language interpreting.
     8          8903. State board for sign language interpreting.
     9          8904. Licensing requirements.
    10          8905. Exempt persons.
    11    §  8900.  Introduction. This article applies to the profession of sign
    12  language  interpreter.  The  general  provisions  for  all   professions
    13  contained  in  article  one  hundred  thirty of this title apply to this
    14  article.
    15    § 8901. Definitions. As used in this article:
    16    (1) "Client" shall mean a deaf, hard of hearing or hearing person  for
    17  whom  an  interpreter  provides sign language interpretation services or
    18  who is applying to be assessed for  the  purpose  of  qualifying  for  a
    19  license  that will allow him or her to provide sign language interpreta-
    20  tion services.
    21    (2) "Board" shall mean the board for sign language interpreting.
    22    § 8902. Practice of sign language  interpreting.  (1)  Only  a  person
    23  licensed  or otherwise authorized under this article shall practice sign
    24  language interpreting or use the title of sign language interpreter  for
    25  compensation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13503-03-0
        S. 8031                             2

     1    (2) No person may, for compensation, provide sign language interpreta-
     2  tion  services for a client unless the person is licensed by the depart-
     3  ment.
     4    §  8903. State board for sign language interpreting. (1) A state board
     5  for sign language interpreting  shall  be  appointed  by  the  board  of
     6  regents on recommendation of the commissioner for the purpose of assist-
     7  ing  the  board of regents and the department on matters of professional
     8  licensing and professional conduct in accordance with section sixty-five
     9  hundred eight of this title. The board shall consist of  not  less  than
    10  ten  members who shall serve three year terms and shall have a familiar-
    11  ity with deaf or hard of hearing matters. Such members shall include:
    12    (a) six deaf or hard of hearing individuals who are currently or  have
    13  previously  been  clients  of  a  sign language interpreter, one of whom
    14  shall be the executive director of the office of professions or a desig-
    15  nee of the commissioner; and
    16    (b) four sign language  interpreters  who  have  been  licensed  under
    17  section  eighty-nine  hundred four of this article, at least one of whom
    18  holds a professional license.
    19    (2) In order to maintain high-quality operation of the executive board
    20  and also effective implementation of the policy, one  highly  knowledge-
    21  able  deaf  person  may be appointed to the board from out of state, yet
    22  working in the state of New York.
    23    (3) The board shall promulgate:
    24    (a) a code of ethics for sign  language  interpreters  licensed  under
    25  this article;
    26    (b)  rules for granting licensing exemptions under section eighty-nine
    27  hundred five of this article;
    28    (c) industry standards for the licensing of sign  language  interpret-
    29  ers;
    30    (d) guidelines for the administration of testing for the department to
    31  implement licensing and license renewal requirements;
    32    (e)  requirements  for  the department to create a searchable database
    33  for consumers requiring the  assistance  of  a  licensed  sign  language
    34  interpreter; and
    35    (f) a code of ethics and regulations for the purpose of licensing sign
    36  language  interpreting  agencies  that hire interpreters and/or transla-
    37  tors.
    38    § 8904. Licensing requirements. (1) To qualify for a license as a sign
    39  language interpreter, an applicant shall obtain a  professional  license
    40  as described in subdivision two of this section.
    41    (2)  The  department  shall  grant  a  professional  license as a sign
    42  language interpreter to an applicant who:
    43    (a) submits an application on a form provided by the department;
    44    (b) pays a fee of one hundred  five  dollars  to  the  department  for
    45  admission  to  a  department  conducted  examination  and for an initial
    46  license, a fee of sixty dollars for each reexamination, a fee of  ninety
    47  dollars  for an initial license for persons not requiring admission to a
    48  department conducted examination,  and  a  fee  of  one  hundred  thirty
    49  dollars for each five year registration period;
    50    (c) meets the minimum industry standards determined by the board to be
    51  licensed by the department; and
    52    (d)  establishes  the schedule of appropriate fees as needed to ensure
    53  the affordability to clients  and/or  applicants  and  to  maintain  the
    54  effective management of the licensing procedures.
        S. 8031                             3

     1    (3)  All  licensees  shall  maintain  their skills by participating in
     2  interpreters' training workshops or seminars arranged by the state board
     3  for sign language interpreting.
     4    §  8905.  Exempt  persons.  (1)  The  department may grant a temporary
     5  exemption to an individual who is not a resident of  this  state  for  a
     6  period  not to exceed sixty days if the individual has certified creden-
     7  tials from the state of their previous residence. The department may not
     8  grant an individual more than two temporary exemptions per year pursuant
     9  to this subdivision.
    10    (2) The department may grant a permanent  exemption  to  an  applicant
    11  based on their ability to meet the minimum industry standards determined
    12  by the board to be licensed by the department.
    13    (3)  The department may grant a temporary or permanent exemption to an
    14  individual who is a resident of this state for a period specified by the
    15  department.
    16    § 2. This act shall take effect on the five hundred fiftieth day after
    17  it shall have become a law.