The Road to Licensure

1
The Road to Licensure

• Where we are in the Journey

2
How did we get to where we are now?

• Symposium and Summit
• FRID member survey
• Public testimony from FCCDHH
• Public testimony from FAD Road Tour
• Current state of interpreting in Florida
• FCCDHH final bill language

3
All came back with the same message
Regulation of the profession is needed and wanted
In Florida
4
State LicensureShould..Should not
5
State LicensureEducational exempt...Non-Educati
onal only
6
26. Licensure would motivate me to increase my
credentials
7
Will we create a shortage of interpreters by
establishing licensure?

• Survey says
• No

8
28. Licensure would cause me to leave the
profession
9
FAD FCCDHH Public Testimony

• Concerns about interpreting services dominated
  both
• Facilities using signing staff members
• Lack of a readily accessible complaint process

10
Current State of Interpreting Services in Florida

• No regulation other than vague statute
  referencing court interpreters
• Anyone may claim to be an interpreter
• Unsuspecting consumers paying the same for
  non-qualified as qualified practitioners
• RID grievance process and remedies insufficient
• Risk of harm to public without regulation
• Variety of credentials confusing to hiring bodies

11
FCCDHHCouncil Bill included
Recommendations for standards and licensure of
sign language interpreters and providers of
Computer-Aided Real-time Translation services
(CART) and other accreditation standards for
service providers that are not subject to
regulation by the state.
12
FCCDHH Licensure Task Force

• 22 Members
• First meeting in February of 2005
• Last meeting in September of 2005

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Task Force Members

• Lisa Schaefermeyer
• Diane Smerling
• Andrea Smith
• Rosanne Trapani
• Rafael Travino
• Chris Wagner
• Consultant
• Sharon Casserta
• Volunteer
• Barbara Ledford

• Ali Blaylock,
• Jennifer Briggs
• Evy Friend
• Sarah Harris
• Ashley Luedtke
• Yvonne Perkins
• Angela Roth
• Dawn Saunders

14
Researching the Journey

• Research the other 49 states regulatory status
• RID Model for regulation
• NAD model for regulation
• Statistical data in the state
• State and methods of regulation in Florida

15
Researching The Journey

• Existing national and state assessments
• The unique culturally, ethnically and
  linguistically diverse nature of Florida
• The unique dual-residency status of many
  Floridians
• The multitude of interpreting-service venues

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Research showed The other 49 states

• 10 States with Licensure
• 11 States working on Licensure or Alternative
• 8 States with alternative to licensure

17
RID and NAD Model Legislation

• 2 types of regulatory processes
• Differ in Licensure board composition
• Satisfying both models

18
Statistical Data in the State

• Number of Interpreters
• Number of interpreters by credential
• Number of DHH consumers
• Number of referral agencies

19
State and Methods of Regulation in Florida

• DBPR
• Department of Health
• Department of Education
• Other State departments
• Alternatives to Licensure
• The right to work state

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The unique culturally, ethnically, and
linguistically diverse nature of Florida

• Many first generation immigrants in Florida
• Multiple spoken languages
• Many deaf consumers of various ages from foreign
  countries.

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The unique dual-residency status of many
Floridians

• Six month consumers and practitioners

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The multitude of interpreting-service venues

• Education
• Community
• 5 VRS centers
• Heavy senior Deaf population
• Heavy senior HH population
• 2 Residential treatment centers

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A Perfect Partnership!

• Florida Association of the Deaf and Florida
  Registry of Interpreters for the Deaf have
  entered an equal partnership for the pursuit of
  interpreter regulation in Florida.
• The objective is mutually beneficial and the
  current state of services is harmful to both
  constituencies.
• Workload and financial contributions to the
  effort are shared by FRID and FAD.

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The Perfect PartnershipFRID and FAD
Florida Registry of Interpreters for the Deaf,
Inc.
Florida Association of the Deaf, Inc.
25
The bill itself

• The criteria for licensure
• The types/tiers of licensure
• Exemptions
• Complaint procedures
• Violations
• Penalties
• Affected statutes
• Time frames

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Recommendations of License Eligibility Categories

• License
• Provisional License
• Permit
• Registered Permit
• Special Limited License
• Temporary License
• Temporary Permit

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Required for All License/Permits

• 18 years of age or older
• High school diploma or equivalent
• No felony convictions

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License

• RID Certification
• NAD 4/5 Certification
• NIC Certification
• TECUnit TSC Transliteration Skills
  Certification
•    Note We have suggested modifications and
  correction to the title of the certifying body
  regarding Cued English that will introduced prior
  to next session. Applies to all licenses and
  permits designated here.
• AA/AS for interpreters certified after 2010
  to apply for License by 2010
•   BA/BS for interpreters certified after 2012
  to apply for license by 2012

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Provisional License - 5 years

• QA 3/2
• EIE 3/2
• NAD 3
• EIPA 4/5
• TECUnit TSC 3/4
• Deaf Interpreters
• Passing score on Certified Deaf Interpreter
  written test and Superior/Advanced plus
  SCPI/ASLPI

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Permit 2 years

• QA 1,
• EIE 1,
• EIPA 3
• TECUnit 2/3
• Deaf Interpreters
• Twenty (20) documented hours of interpreter
  training 10 of which must be CDI specific and
  Superior/Advanced plus SCPI/ASLPI

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Temporary License

• Interpreters temporarily residing in Florida who
  meet the criteria for licensure may hold a
  temporary license for a period not to exceed six
  (6) months.
• One temporary license may be held in one calendar
  year.

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Temporary Permit

• Persons from another state who may or may not
  hold a valid credential from that State may hold
  a temporary permit for a period not to exceed six
  (6) months.
• One temporary permit may be held.

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Registered Permit

•  
• Grandfather Clause
• 2 years
• (Those interpreters entering practice after
  the date of enactment shall comply with the
  licensing requirements as provided for in the
  Florida Interpreter Law.)

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Special Limited License

• The board shall have the authority to issue a
  special limited license in a specialized area for
  which no formal, generally recognized evaluation
  exists.
• Deaf-blind interpreting
• Multi-lingual interpreting
• Certain non-sign modalities

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Additional Considerations

• Exemptions
• Complaint Procedure
• Revocation
• Surrender of License
• Inactive Status
• Severability
• Board Composition/Duties

36
Additional considerations

• Continuing Education Requirements
• Fees
• Application Process Renewal
• Privilege
• Penalties
• Nondiscrimination
• Definitions

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Additional Considerations

• Interstate Reciprocity
• State Declared Emergencies
• Good Samaritan Law
• Mentorship/Apprenticeship

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Exemptions - Religious

• An individual engaged solely in interpreting or
  transliterating at a worship service or ceremony
  conducted by a religious entity and services for
  educational purposes for a religious entity or
  religious affiliated school not receiving public
  monies.
• This does not apply to settings requiring
  compliance with ADA.

39
Exemptions - Emergency

• An individual engaged in interpreting or
  transliterating services during an emergency
  situation until the services of a licensed
  interpreter can be obtained.

40
Exemptions - Emergency

• An emergency is one where, after documented
  attempts to obtain the services of a licensed
  interpreter, an individual who is deaf or hard of
  hearing determines that the delay in obtaining a
  licensed interpreter might lead to injury or loss
  to the individual requiring services.

41
Exemptions - Emergency

• The services of a licensed interpreter must
  continue to be sought while using the unlicensed
  interpreter.
• Interpreter afforded protection under the Good
  Samaritan Law

42
Exemption - Students and Interns

• Persons enrolled in a course of study and/or
  mentorship program
• leading to certificate, degree, or licensure in
  interpreting
• provided that such persons engage only in
  activities and services that constitute a part of
  a supervised plan of study that clearly
  designates them as student, trainee, or intern
  and
• Where such activities and services are performed
  in the presence of a qualified supervising
  mentor.

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Exemption - Students and Interns

• A qualified supervising mentor would be any or
  all of the following
• A mentor of an approved apprentice must be a
  fully licensed interpreter/transliterator
• Instructor in an Interpreter Training Program
  with three (3) letters of recommendation from
  individuals already approved as Mentors
• Considering alternative qualifications for Deaf
  Mentors

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Exemption - Miscellaneous

• Any person interpreting pro bono or for
  remuneration where circumstances do not allow for
  the fulfillment of the Stated requirements for
  licensure or permitting and where the services of
  a qualified interpreter are not required under
  the provisions of the Americans with Disabilities
  Act of 1990, 42 U.S.C. 12101 et seq., section 504
  of the Rehabilitation Act of 1973, 29 U.S.C 794.,
  I.D.E.A, NCLB, or the regulations adopted
  pursuant to those provisions, shall petition
  Florida Interpreter Licensure Board for
  exemption. Such persons will be subject to the
  grievance process.

45
Privilege

• An interpreter who interprets a conversation
  between a person who can hear and a deaf person
  is deemed a conduit for the conversation and may
  not disclose or be compelled to disclose by
  subpoena, the contents of the conversation, which
  he or she facilitated without the written consent
  of all the persons involved who received his/her
  services

46
Privilege

• All communications which are recognized by law as
  privileged, shall remain privileged even when an
  interpreter is utilized to facilitate such
  communication.
• The following circumstances may be voluntarily
  disclosed

47
Privilege voluntary disclosure

• When the person waives the privilege by bringing
  public charges against the Licensee
• When communication reveals the intended
  commission of a crime or harmful act and such
  disclosure is judged necessary by the licensed
  interpreter to protect any persons from a clear,
  imminent risk of serious mental or physical harm
  or injury, or to forestall a serious threat to
  the public safety

48
Privilege voluntary disclosure

• Nothing shall prohibit a licensed interpreter
  from voluntarily testifying in court hearings
  concerning matters of adoption, child abuse,
  child neglect or other matters pertaining to
  children, except as provided under the Abused and
  Neglected Child Reporting Act

49
Privilege voluntary disclosure

• Educational Interpreters working in the Pre-K
  12 setting may disclose pertinent information to
  those directly responsible for the childs
  educational program or to the members of the
  Individual Education Plan Team.
• Parties are informed of disclosure practices

50
Privilege voluntary disclosure

• Investigating voluntary disclosure in line with
  the guiding principles of the NIC/RID Code of
  Professional Conduct

51
Complaint Procedure

• Complaints regarding dishonorable, unethical, or
  unprofessional conduct of an interpreter shall be
  submitted to the Board, in writing or by
  videotape with a complaint form for review within
  one calendar year of the alleged violation.

52
Complaint Procedure

• Complaints received shall be logged and will
  include, but will not be limited to the following
  information
• Licensees name
• Name of the complaining party
• Date of alleged violation
• Date of complaint
• Brief statement of complaint
• Disposition

53
Complaint Procedure

• The Department will acknowledge all complaints in
  writing within ten (10) business days after being
  received.

54
Complaint Procedure

• The Board may recommend to Department
• Revocation of a license
• Suspension
• Probation with required professional development
• Censure or reprimand of a licensee
• Or such disciplinary action as the Board may deem
  appropriate, for conduct that may result from,
  but not necessarily limited to

55
Complaint Procedure - violations

• Obtained his/her license by means of fraud,
  misrepresentation, or concealment of material
  facts
• Has been guilty of fraud, misrepresentation,
  concealment or material misstatement of facts or
  deceit in connection with his/her services
  rendered as an interpreter or transliterator of
  the deaf

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Complaint Procedure - violations

• Has been guilty of unprofessional conduct as
  defined below, and /or has violated any standard
  of professional or ethical conduct adopted by the
  Board.

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Complaint Procedure Unprofessional conduct

• The use of any false or fraudulent Statement in
  any document connected with the practice of
  interpreting or transliterating
• The willful violation of a privileged
  communication
• The willful violation of confidentiality

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Complaint ProcedureUnprofessional conduct

• Knowingly performing and act which in any way
  aids or assist an unlicensed person to practice
  interpreting or transliterating in violation of
  this Act
• The practice of interpreting or transliterating
  under a false or assumed name

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Complaint ProcedureUnprofessional conduct

• The advertising for the practice of interpreting
  or transliterating in a deceptive or unethical
  manner
• Intoxication or the use of drugs while performing
  the duties and functions of an interpreter/transli
  terator

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Complaint ProcedureUnprofessional conduct

• Repeated violations of any of the rules or
  regulations of the Board or the violation of any
  section of this Act
• Has been disciplined by the Registry of
  Interpreters for the Deaf
• Repeated acts of gross misconduct in the practice
  of his/her profession

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Complaint ProcedureUnprofessional conduct

• Has demonstrated a pattern of practice or other
  behavior, which demonstrates incapacity or
  incompetence to practice under this act
• Has violated any lawful order, or any provision
  of the Act or the rules or regulations
  promulgated herein

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Complaint ProcedureUnprofessional conduct

• Aiding or assisting another person in violating
  any provision of this Act or any rule adopted
  herein

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Revocation

• Notice in writing of a contemplated revocation or
  suspension of a license, of the particular cause
  therefore, shall be sent registered mail to the
  licensee at his or her last known address within
  15 days after decision.

64
Revocation

• The individual against whom charge is filled
  shall have a right to provide a letter(s) of
  defense, or evidence on his or her behalf

65
Revocation

• The complainant and respondent shall be notified
  in writing of the State decision within ninety
  (90) days after receipt.

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Revocation

• After issuing an order of revocation or
  suspension
• State may also file a report with the county in
  which the respondent resides or transacts
  business, to ensure appropriate injunctive relief
  to expedite and secure the enforcement of its
  order, pending the final determination.

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Revocation

• An application for reinstatement may be made to
  the Board
• affirmative vote of at least the majority
• completion of required professional development

68
Revocation

• An application for reinstatement that has been
  denied reinstatement has the right to request a
  hearing.
• An appeal in response to an action of the Board
  shall be in accordance with the Department

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Penalties

• After (enactment date), any person who undertakes
  or attempts to undertake the practice of
  interpreting or transliterating for remuneration
  among consumers without first having procured a
  valid license or permit, or who knowingly
  presents or files false information with the
  board for the purpose of obtaining a license or
  permit, or who violates this chapter shall be
  guilty of a misdemeanor of the first degree.

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Penalties - Violations

• Violations include, but are not limited to
• Obtained his/her license by means of fraud,
  misrepresentation, or concealment of material
  facts
• Knowingly performing an act which in any way aids
  or assist an unlicensed person to practice
  interpreting or transliterating in violation of
  this Act
• The practice of interpreting or transliterating
  under a false or assumed name

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Board composition

• The Board shall represent diversity, as does the
  population of the State of Florida and the
  consumer settings in which interpreters provide
  services.
• The Board shall consist of seven (7) members
  appointed by the Governor

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Board composition

• Three (3) fully licensed interpreters, one of
  whom must be a practicing educational
  interpreter
• One (1) deaf or hard-of-hearing interpreter
  holding a license, provisional license, or
  permit
• Two (2) consumers who are deaf or hard-of-hearing
• One (1) consumer who is hearing

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Board composition

• Members shall be appointed to serve terms of four
  (4) years except those first appointed whose
  terms shall be staggered
• No member shall serve more than two consecutive
  terms.

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Board composition

• The members shall receive no compensation, but
  they shall be reimbursed for actual and necessary
  expenses incurred in the performance of their
  official duties
• Upon recommendation of the Board, the Governor
  may remove any member of the Board for neglect of
  duty or malfeasance in office.

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Board Duties

• The Florida Interpreter Licensure Board has
  authority to adopt rules pursuant to ss.
  120.536(1) and 120.54 to implement the provisions
  of this chapter conferring duties upon it. Such
  rules shall include, but not be limited to the
  following

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Board Duties

• Adoption of and, as necessary, the revision of
  such rules that may be necessary to carry out the
  provisions of this chapter.
• Approval or adoption of a code(s) of professional
  conduct for licensees.

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Board Duties

• Adoption and enforcement of performance
  requirements, including education and examination
  standards, for interpreters
• Determination of acceptable continuing education
  requirements to maintain licensure.

78
Board Duties

• Investigation and adoption of the most
  appropriate and acceptable testing tools to
  evaluate interpreters.
• Fee schedules for granting licenses and renewing
  licenses.

79
Board Duties

• Establishment of procedures to enable
  investigations for the purpose of determining
  whether violations of this chapter or grounds for
  disciplining licensees exist.

80
Board Duties

• Acceptance of funds from federal and other
  sources to be used for the purposes of this
  chapter.

81
Additional Legislation

• Mentorship/Apprentice Program
• Separate from Licensure
• Funded by other mechanism
• Available to ITP graduates and working apprentice
  interpreters
• Available to Special Limited Licensed Interpreters

82
Mentorship/Apprenticeship

• It is recommended that the state establish a
  state funded 5 year Interpreter
  Mentorship/Apprenticeship Program in order to
  increase the pool of qualified Sign language
  interpreters in order to comply with Federal law
  and state statures, and provide access to Deaf
  and Hard of Hearing persons within the State of
  Florida.

83
Mentorship/Apprenticeship

• To include graduates from an Interpreter Training
  Program or Florida residents currently employed
  in providing Sign language services who are in
  need of Interpreter Licensure in order to be
  employed or maintain employment within the State
  of Florida

84
Mentorship/Apprenticeship

• Mentor/Apprentice program shall utilize face to
  face, internet video, VRS, phone (voice/tty), and
  any other means for the program to be available
  throughout every Florida county

85
Collaboration and Partnerships

• FAD and FRID co-sponsor Licensure Bill
• Its time to Rally in Tally!

Chris Wagner, President of FAD addresses the
Rally in Tally
86
Florida Coordinating Council on Deaf and Hard of
HearingInterpreter Licensure Task Force Funding

• FCCDHH
• Working lunches
• FRID
• Affiliates
• GOFRID
• BayFRID
• Sorenson

87
FRID/FAD Legislative Consultant
Gary C. Lieffers of Lieffers and
Associates Legislative Consultant and Lobbyist
88
Thank you to ourBill Sponsors!
Rep.  Dennis  K.  BaxleyHB 1333
Senator Stephen K. WiseSB 2592
89
Roadblock!!

• Death of a bill

• Or is it just a coma?

90
Death of a Bill

• Time ran out on the session
• We did not want it attached to certain bills
• Found slight amendments needed which take even
  more time
• BUT

91
It is just a Coma!!

• Bill was never voted down/defeated
• Passed in all committee hearings
• Looked upon favorably by majority of
  representatives and Senators
• Both sponsors have committed to the bil for next
  session

92
Well be Back

• The research is still current
• The need is still not met
• Both bill sponsors have committed to next
  session.
• The FAD/FRID partnership demonstrates a consensus
  in the state
• It is the right thing to do for Florida!

93
Were still on the road to licensure
We have to stay focused on our destination and
together we can make a difference.
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Websites

• FridCentral.com
• FadCentral.org
• FCCDHH.org
• MyFlorida.com
• RID.org
• NAD.org

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References

• FCCDHH 2005 Report to the Governor
• FRID 2004 Interpreter Regulation Membership
  Survey
• Blaylock, Ali Wagner, Chris Propose Licensure
  A Sneak Preview. FRID 2005 Conference
• Schaefermeyer, Lisa 2005 Symposium, Georgia
• RID Model Legislation
• NAD Model Legislation
• FCCDHH Licensure Task Force Compilation of
  States regulatory language

96
Road to Licensure

• could not be traveled without the collaborative
  efforts of many stakeholders
• We thank them all!