Bill Text: PA SB642 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for responsibilities of Office for the Deaf and Hard of Hearing and for State registration required; providing for provisional registration; and further providing for change of personal information, for registration violations and for suspension, denial, nonrenewal or revocation of State registration.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Passed) 2010-11-23 - Act No. 124 [SB642 Detail]

Download: Pennsylvania-2009-SB642-Introduced.html

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PRINTER'S NO. 697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 642 Session of2009
INTRODUCED BY TOMLINSON, M. WHITE, ALLOWAY AND RAFFERTY, MARCH 19, 2009
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 19, 2009
AN ACT
Amending the act of July 2, 2004 (P.L.492, No.57), entitled "An
act providing for State registration of individuals providing
sign language interpreting and transliterating services to
individuals who are deaf or hard of hearing; and imposing
duties on the Office for the Deaf and Hard of Hearing in the
Department of Labor and Industry," further providing for
definitions, for responsibilities of Office for the Deaf and
Hard of Hearing and for State registration required;
providing for provisional registration; and further providing
for change of personal information, for registration
violations and for suspension, denial, nonrenewal or
revocation of State registration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of July 2, 2004 (P.L.492,
No.57), known as the Sign Language Interpreter and
Transliterator State Registration Act, amended July 7, 2006
(P.L.605, No.92), is amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An individual who applies for State
registration in accordance with section 5 or provisional
registration under section 5.1.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Interpreting." The process of conveying English in
grammatically correct American Sign Language and the process of
conveying American Sign Language in English.
"Office." The Office for the Deaf and Hard of Hearing within
the Department of Labor and Industry.
"Qualified sign language interpreter." An individual
[registered] who is State-registered under this act and who
engages in sign language interpretation.
"Qualified transliterator." An individual [registered] who
is State-registered under this act who engages in
transliteration.
"Registrant." An individual [registered] who is State-
registered under this act as either a qualified sign language
interpreter or a qualified transliterator.
"Sign language interpreter." An individual who provides
individuals who are deaf and hard of hearing with interpreting
or transliterating services.
"Transliterating." The process of conveying a spoken message
from a person who hears to a person who is deaf or hard of
hearing and the ability to repeat the message and intent of the
speech, mouth movements or English-based signed system of the
person who is deaf or hard of hearing.
Section 2. Section 3 of the act is amended to read:
Section 3. Office responsibilities.
The office shall do all of the following:
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(1) Administer this act.
(2) Register applicants in accordance with [section 5]
sections 5 and 5.1.
(3) Maintain a list of all registrants and individuals
who have obtained a provisional registration and make the
list available upon request to the public and to Federal,
State and local agencies.
(4) Promulgate regulations necessary to carry out the
provisions of this act.
Section 3. Section 4(b)(3) and (8) of the act, amended July
7, 2006 (P.L.605, No.92), are amended and the subsection is
amended by adding a paragraph to read:
Section 4. State registration required.
* * *
(b) Exceptions.--The following individuals are exempt from
the State registration requirements of subsection (a):
* * *
(3) An individual engaged in interpreting or
transliterating as part of a supervised internship or
practicum at an accredited college or university [or the
registry of interpreters for the deaf or the National
Association of the Deaf, provided it is not in a legal,
medical or mental health setting.] if it is not in any of the
following:
(i) A legal setting.
(ii) A medical or mental health setting, unless
accompanied by a qualified sign language interpreter or
qualified transliterator.
* * *
[(8) An individual engaged in interpreting or
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transliterating in a physician's office, provided that a
patient is informed that the individual is not registered
under this act and that the patient has the right to request
or provide a State-registered interpreter.]
(9) An individual who obtains a provisional registration
under section 5.1.
* * *
Section 4. The act is amended by adding a section to read:
Section 5.1. Provisional registration.
(a) Application.--
(1) An individual may apply to the office for a
provisional registration to be a sign language interpreter or
transliterator.
(2) The applicant must submit to the office all of the
following:
(i) A completed application.
(ii) Payment of any required fees.
(iii) Proof that within five years prior to the date
of application for provisional registration the applicant
has graduated from an interpreter education program with
an associate degree or higher from an accredited
institution of higher education.
(iv) Proof that the applicant has passed a written
examination approved by the office.
(3) The office shall review each completed application
and shall issue a sign language interpreter provisional
registration to the applicant if the office is satisfied that
all of the following criteria have been met:
(i) The applicant is 18 years of age or older.
(ii) The applicant has graduated from an interpreter
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education program with an associate degree or higher.
(iii) The applicant has paid all applicable fees
established pursuant to this act.
(iv) The applicant possesses the general fitness,
competence and reliability sufficient to satisfy the
office that the applicant is worthy of a provisional
registration.
(v) Other criteria as the office may establish by
regulation.
(b) Registration.--A sign language interpreter provisional
registration issued by the office shall be:
(1) Issued only in the name of the applicant.
(2) Issued in paper or electronic form.
(3) Nontransferable.
(4) Issued for a period not to exceed one year.
(5) Issued for interpreter or transliterator services in
this Commonwealth except in any of the following:
(i) A legal setting.
(ii) A mental health setting unless accompanied by a
qualified sign language interpreter or qualified
transliterator.
(iii) A physician's office, unless the patient is
informed that the individual engaged in interpreting or
transliterating has obtained a provisional registration,
is not State-registered under this act and that the
patient has the right to be provided upon request a
qualified sign language interpreter or qualified
transliterator.
(iv) A critical care or emergency setting.
(c) Renewal.--An individual may annually renew a provisional
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registration by submitting to the office the information
required under subsection (a) along with proof of completion of
at least 20 hours of professional development approved by the
office and any applicable fees. The office may approve only two
consecutive renewals.
(d) Fees.--The fee for provisional registration or renewal
of an existing provisional registration shall, unless modified
by regulation, be $50.
Section 5. Sections 6, 8 and 9 of the act are amended to
read:
Section 6. Change of personal information.
A registrant or individual who has obtained a provisional
registration shall notify the office of any change of name or
mailing address within ten days of the change.
Section 8. Registration violations.
(a) Violations.--The department shall have the authority to
impose disciplinary or corrective measures or levy civil
penalties on a registrant or an individual who has obtained a
provisional registration for doing any or all of the following:
(1) obtain a State registration, provisional
registration or renewal of a registration through fraud,
deceit or misrepresentation;
(2) be convicted of a felony or a crime, in this
Commonwealth or other jurisdiction, relating to the provision
of interpreting or transliterating services;
(3) be the subject of disciplinary or other
administrative action taken against this registration,
certification or license to provide interpreting or
transliterating services in another state by a government
agency;
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(4) commit fraud, gross negligence or misconduct
relating to provision of interpreting or transliterating
services as determined by the office;
(5) engage in any other misconduct relating to the
provision of interpreting or transliterating services as
determined by the office; or
(6) violate the provisions of this act or the
regulations pertaining to this act as established by the
office.
(b) Procedure.--If the department finds a violation of
subsection (a), it shall give written notice to the [registrant]
individual specifying the violation or violations found. The
department may assess an administrative fine not to exceed $500
for each violation. In setting the fine, the department shall
consider the severity of the violation and whether there is a
pattern of violations.
Section 9. Suspension, denial, nonrenewal or revocation of
State registration or provisional registration.
(a) Action.--Actions relating to violations of this act
under this section shall be subject to the right of notice,
hearing and adjudication in accordance with 2 Pa.C.S. (relating
to administrative law and procedure). When the department is
empowered to take action for registration violations pursuant to
this act, the department may:
(1) Indefinitely suspend, suspend for a term certain,
refuse to issue, refuse to renew or revoke a State
registration or provisional registration.
(2) Issue a public reprimand.
(3) Require the [registrant] individual to take a
refresher educational course or training.
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(b) Surrender of State registration or provisional
registration.--If [a registrant's] an individual's State
registration or provisional registration has been suspended or
revoked, the [registrant] individual shall return the State
registration or provisional registration to the office in the
manner the office directs. An individual who fails to return a
State registration or provisional registration in accordance
with this subsection commits a summary offense.
(c) Reapplication.--
(1) An individual whose State registration has been
suspended may reapply to the office to have it reactivated,
pursuant to regulations adopted by the office. At a minimum,
the individual must show compliance with all the terms and
conditions of the suspension order and shall pay a
reactivation fee to be established by the office by
regulation.
(2) An individual whose State registration or
provisional registration has been revoked may apply for a
State registration in accordance with section 5 not earlier
than five years after the date the previous State
registration or provisional registration was revoked.
(d) Surrender of provisional registration.--Upon expiration
of a provisional registration the individual shall surrender the
provisional registration to the office in a manner the office
directs and cease providing interpreter and transliterator
services in this Commonwealth. An individual who fails to return
a provisional registration in accordance with this subsection
commits a summary offense.
Section 6. This act shall take effect July 1, 2009, or
immediately, whichever is later.
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