the road to licensure

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The Road to LicensureThe Road to Licensure

Where we are in the Journey

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How did we get to where we are now?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

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All came back with the same All came back with the same messagemessage

Regulation of the profession is Regulation of the profession is needed and wantedneeded and wanted

In FloridaIn Florida

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State LicensureState LicensureShould…………………..…Should notShould…………………..…Should not

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Certified EIE/QA

AgreeNeutralDisagree

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Agree Neutral Disagree

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State LicensureState LicensureEducational exempt……...Non-Educational Educational exempt……...Non-Educational

onlyonly

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Agree Neutral Disagree

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26. Licensure would motivate me to 26. Licensure would motivate me to increase my credentialsincrease my credentials

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Will we create a shortage of Will we create a shortage of interpreters by establishing interpreters by establishing

licensure?licensure?

Survey says…Survey says…

NoNo

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28. Licensure would cause me to 28. Licensure would cause me to leave the professionleave the profession

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FAD & FCCDHH Public FAD & FCCDHH Public TestimonyTestimony

• Concerns about interpreting services dominated both

• Facilities using “signing staff members”• Lack of a readily accessible complaint

process

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Current State of Interpreting Current State of Interpreting Services in FloridaServices 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

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FCCDHHFCCDHHCouncil Bill included…Council 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.

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FCCDHHFCCDHH

Licensure Task ForceLicensure Task Force

• 22 Members• First meeting in

February of 2005• Last meeting in

September of 2005

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Task Force MembersTask Force Members

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

• Lisa Schaefermeyer• Diane Smerling• Andrea Smith• Rosanne Trapani• Rafael Travino• Chris WagnerConsultant

• Sharon CassertaVolunteer

• Barbara Ledford

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Researching the JourneyResearching 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

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

Research showed…The other 49 states

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RID and NAD Model LegislationRID and NAD Model Legislation

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

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Statistical Data in the StateStatistical Data in the State

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

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State and Methods of State and Methods of Regulation in FloridaRegulation 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, The unique culturally, ethnically, and linguistically ethnically, and linguistically

diverse nature of Floridadiverse 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 The unique dual-residency status of many Floridiansstatus of many Floridians

• “Six month” consumers and practitioners

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The multitude of interpreting-The multitude of interpreting-service venuesservice 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!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 PartnershipThe Perfect PartnershipFRID and FADFRID and FAD

Florida Registry of Interpreters for the Deaf, Inc.

Florida Association of the Deaf, Inc.

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The bill itselfThe 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 Recommendations of License Eligibility Categories Eligibility Categories

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

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Required for All Required for All License/PermitsLicense/Permits

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

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LicenseLicense• 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 yearsProvisional 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 yearsPermit – 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 LicenseTemporary 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 PermitTemporary 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 PermitRegistered 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 LicenseSpecial 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 ConsiderationsAdditional Considerations

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

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Additional considerationsAdditional considerations

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

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Additional ConsiderationsAdditional Considerations

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

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Exemptions - Exemptions - ReligiousReligious

• 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.

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Exemptions - Exemptions - EmergencyEmergency

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

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Exemptions - Exemptions - EmergencyEmergency 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.

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Exemptions - Exemptions - EmergencyEmergency

• The services of a licensed interpreter must continue to be sought while using the unlicensed interpreter.

• Interpreter afforded protection under the “Good Samaritan Law”

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Exemption - Exemption - Students and InternsStudents 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 - Exemption - Students and InternsStudents 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 - MiscellaneousExemption - 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.

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Privilege 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

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Privilege 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:

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Privilege – voluntary disclosurePrivilege – 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

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Privilege – voluntary Privilege – voluntary disclosuredisclosure

• 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;

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• Educational Interpreters working in the Pre-K – 12 setting may disclose pertinent information to those directly responsible for the child’s educational program or to the members of the Individual Education Plan Team.

• Parties are informed of disclosure practices

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

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Complaint ProcedureComplaint 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.

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• Complaints received shall be logged and will include, but will not be limited to the following information;

• Licensee’s name;• Name of the complaining party; • Date of alleged violation;• Date of complaint;• Brief statement of complaint;• Disposition

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

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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:

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Complaint Procedure - violationsComplaint 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 - violationsComplaint 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 – Complaint Procedure – Unprofessional conduct 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 ProcedureComplaint ProcedureUnprofessional conduct Unprofessional 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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• 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/transliterator

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

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RevocationRevocation

• 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.

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• 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

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

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• 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 it’s order, pending the final determination.

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• An application for reinstatement may be made to the Board

• affirmative vote of at least the majority

• completion of required professional development

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• 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 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 - ViolationsPenalties - 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 compositionBoard 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 compositionBoard 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 compositionBoard 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 compositionBoard 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 DutiesBoard 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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• 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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• Adoption and enforcement of performance requirements, including education and examination standards, for interpreters

• Determination of acceptable continuing education requirements to maintain licensure.

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Board DutiesBoard Duties• Investigation and adoption of the

most appropriate and acceptable testing tools to evaluate interpreters.

• Fee schedules for granting licenses and renewing licenses.

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

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

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Additional LegislationAdditional 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

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Mentorship/ApprenticeshipMentorship/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.

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• 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

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• 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

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Collaboration and Collaboration and PartnershipsPartnerships

• FAD and FRID co-sponsor Licensure Bill

• It’s time to Rally in Tally!

Chris Wagner, President of FAD addresses the Rally in Tally

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Florida Coordinating Council on Florida Coordinating Council on Deaf and Hard of HearingDeaf and Hard of Hearing

Interpreter Licensure Interpreter Licensure Task Force FundingTask Force Funding

• FCCDHH• Working lunches

• FRID• Affiliates

• GOFRID• BayFRID

• Sorenson

FCCDHH

FRID

Afilliates

Sorenson

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FRID/FADFRID/FAD Legislative ConsultantLegislative Consultant

Gary C. Lieffers of Lieffers and Associates

Legislative Consultant and Lobbyist

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Thank you to ourThank you to ourBill Sponsors!Bill Sponsors!

Rep. Dennis K. BaxleyHB 1333

Senator Stephen K. WiseSB 2592

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Roadblock!!Roadblock!!

• Death of a bill

• Or is it just a coma?

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Death of a BillDeath 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……

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It is just a Coma!!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

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We’ll be BackWe’ll 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!

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We’re 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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WebsitesWebsites

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

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ReferencesReferences

• 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

State’s regulatory language

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Road to LicensureRoad to Licensure

…could not be traveled without the collaborative efforts of many stakeholders…

We thank them all!

the road to licensure

Documents

state assessmentsthe

methods of regulation

service venues10 states

service providers

alternative8 states

licensure11 states

floridano regulation

statethe unique