Senate File 2298
 
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 1 1 SENATE FILE 2298

 1 2

 1 3 AN ACT

 1 4 MAKING, REDUCING, AND TRANSFERRING APPROPRIATIONS, PROVIDING

 1 5 FOR GOVERNMENT AND ECONOMIC DEVELOPMENT=RELATED TAXATION,

 1 6 SURCHARGE, AND FEE MATTERS, PROVIDING FOR OTHER PROPERLY

 1 7 RELATED MATTERS, AND INCLUDING PENALTY AND EFFECTIVE AND

 1 8 RETROACTIVE AND OTHER APPLICABILITY DATE PROVISIONS.

 1 9

 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

299 29 DIVISION XXI

299 30 LICENSED INTERPRETER FOR THE HEARING IMPAIRED

299 31 Sec. 419. Section 147.1, subsection 2, paragraph c, Code

299 32 2003, is amended to read as follows:

299 33 c. "Licensed" or "certified" when applied to a physician

299 34 and surgeon, podiatric physician, osteopath, osteopathic

299 35 physician and surgeon, physician assistant, psychologist or

300 1 associate psychologist, chiropractor, nurse, dentist, dental

300 2 hygienist, optometrist, speech pathologist, audiologist,

300 3 pharmacist, physical therapist, occupational therapist,

300 4 respiratory care practitioner, practitioner of cosmetology

300 5 arts and sciences, practitioner of barbering, funeral

300 6 director, dietitian, marital and family therapist, mental

300 7 health counselor, social worker, massage therapist, athletic

300 8 trainer, or acupuncturist, or interpreter for the hearing

300 9 impaired, means a person licensed under this subtitle.

300 10 Sec. 420. Section 147.1, subsection 2, paragraph f, Code

300 11 2003, is amended to read as follows:

300 12 f. "Profession" means medicine and surgery, podiatry,

300 13 osteopathy, osteopathic medicine and surgery, practice as a

300 14 physician assistant, psychology, chiropractic, nursing,

15 dentistry, dental hygiene, optometry, speech pathology,

16 audiology, pharmacy, physical therapy, occupational therapy,

300 17 respiratory care, cosmetology arts and sciences, barbering,

300 18 mortuary science, marital and family therapy, mental health

300 19 counseling, social work, dietetics, massage therapy, athletic

300 20 training, or acupuncture, or interpreting for the hearing

300 21 impaired.

300 22 Sec. 421. Section 147.2, unnumbered paragraph 1, Code

300 23 2003, is amended to read as follows:

300 24 A person shall not engage in the practice of medicine and

300 25 surgery, podiatry, osteopathy, osteopathic medicine and

300 26 surgery, psychology, chiropractic, physical therapy, nursing,

27 dentistry, dental hygiene, optometry, speech pathology,

28 audiology, occupational therapy, respiratory care, pharmacy,

300 29 cosmetology, barbering, social work, dietetics, marital and

30 family therapy or mental health counseling, massage therapy,

300 31 mortuary science, or acupuncture, or interpreting for the

300 32 hearing impaired, or shall not practice as a physician

300 33 assistant as defined in the following chapters of this

300 34 subtitle, unless the person has obtained from the department a

300 35 license for that purpose.

301 1 Sec. 422. Section 147.13, Code 2003, is amended by adding

301 2 the following new subsection:

301 3 NEW SUBSECTION. 21. For interpreters, interpreter for the

301 4 hearing impaired examiners.

301 5 Sec. 423. Section 147.14, Code 2003, is amended by adding

301 6 the following new subsection:

301 7 NEW SUBSECTION. 21. For interpreting for the hearing

301 8 impaired, four members licensed to practice interpreting,

301 9 three of whom shall be practicing interpreters at the time of

301 10 appointment to the board and at least one of whom is employed

301 11 in an educational setting; and three members who are consumers

301 12 of interpreting services as defined in section 154E.1, each of

301 13 whom shall be deaf. A majority of members of the board

301 14 constitutes a quorum.

301 15 Sec. 424. Section 147.74, Code Supplement 2003, is amended

301 16 by adding the following new subsection:

301 17 NEW SUBSECTION. 21A. An interpreter licensed under

301 18 chapter 154E and this chapter may use the title "licensed

301 19 interpreter" or the letters "L.I." after the person's name.

301 20 Sec. 425. Section 147.80, Code Supplement 2003, is amended

301 21 by adding the following new subsection:

301 22 NEW SUBSECTION. 28A. License to practice interpreting,

301 23 license to practice interpreting under a reciprocal license,

301 24 or renewal of a license to practice interpreting.

301 25 Sec. 426. NEW SECTION. 154E.1 DEFINITIONS.

301 26 As used in this chapter, unless the context otherwise

301 27 requires:

301 28 1. "Board" means the board of interpreter for the hearing

301 29 impaired examiners established in chapter 147.

301 30 2. "Consumer" means an individual utilizing interpreting

301 31 services who uses spoken English, American sign language, or a

301 32 manual form of English.

301 33 3. "Department" means the Iowa department of public

301 34 health.

301 35 4. "Interpreter training program" means a post=secondary

302 1 education program training individuals to interpret or

302 2 transliterate.

302 3 5. "Interpreting" means facilitating communication between

302 4 individuals who communicate via American sign language and

302 5 individuals who communicate via spoken English.

302 6 6. "Licensee" means any person licensed to practice

302 7 interpreting or transliterating for deaf, hard=of=hearing, and

302 8 hearing individuals in the state of Iowa.

302 9 7. "Transliterating" means facilitating communication

302 10 between individuals who communicate via a manual form of

302 11 English and individuals who communicate via spoken English.

302 12 Sec. 427. NEW SECTION. 154E.2 DUTIES OF THE BOARD.

302 13 The board shall administer this chapter. The board's

302 14 duties shall include, but are not limited to, the following:

302 15 1. Adopt rules consistent with this chapter and with

302 16 chapter 147 which are necessary for the performance of its

302 17 duties.

302 18 2. Act on matters concerning licensure and the process of

302 19 applying for, granting, suspending, imposing supervisory or

302 20 probationary conditions upon, reinstating, and revoking a

302 21 license.

302 22 3. Establish and collect licensure fees. The board shall

302 23 establish the amounts of license and renewal fees based upon

302 24 the actual costs of sustaining the board and the actual costs

302 25 of issuing the licenses, and all fees collected shall be

302 26 deposited with the treasurer of state who shall deposit them

302 27 in the general fund of the state.

302 28 4. Administer the provisions of this chapter regarding

302 29 documentation required to demonstrate competence as an

302 30 interpreter, and the processing of applications for licenses

302 31 and license renewals.

302 32 5. Establish and maintain as a matter of public record a

302 33 registry of interpreters licensed pursuant to this chapter.

302 34 6. Develop continuing education requirements as a

302 35 condition of license renewal.

303 1 7. Evaluate requirements for licensure in other states to

303 2 determine if reciprocity may be granted.

303 3 Sec. 428. NEW SECTION. 154E.3 REQUIREMENTS FOR

303 4 LICENSURE.

303 5 On or after July 1, 2005, every person providing

303 6 interpreting or transliterating services in this state shall

303 7 be licensed pursuant to this chapter. The board shall adopt

303 8 rules pursuant to chapters 17A, 147, and 272C establishing

303 9 procedures for the licensing of new and existing interpreters.

303 10 Prior to obtaining licensure, an applicant shall successfully

303 11 pass an examination prescribed and approved by the board,

303 12 demonstrating the following:

303 13 1. VOICE=TO=SIGN INTERPRETATION. An applicant shall

303 14 demonstrate proficiency at:

303 15 a. Message equivalence, producing a true and accurate

303 16 signed form of the spoken message, maintaining the integrity

303 17 of content and meaning, and exhibiting few omissions,

303 18 substitutions, or other errors.

303 19 b. Affect, producing nonmanual grammar consistent with the

20 intent and emotion of the speaker, and exhibiting no

303 21 distracting mannerisms.

303 22 c. Vocabulary choice, making correct sign choices

303 23 appropriate to the setting and consumers, applying facial

303 24 grammar consistent with sign choice, selecting signs that

303 25 remain true to speaker's intent, and demonstrating lexical

303 26 variety.

303 27 d. Fluency, displaying confidence in production,

303 28 exhibiting a strong command of American sign language or

303 29 manual codes for English, applying nonmanual behaviors

303 30 consistent with the speaker's intent, and demonstrating

303 31 understanding of and sensitivity to cultural differences.

303 32 2. SIGN=TO=VOICE INTERPRETATION. An applicant shall

303 33 demonstrate proficiency at:

303 34 a. Message equivalence, producing a true and accurate

303 35 spoken form of the signed message, maintaining the integrity

304 1 of content and meaning, and exhibiting few omissions,

304 2 substitutions, or other errors.

304 3 b. Affect, producing inflection consistent with the intent

304 4 and emotion of the speaker, and exhibiting no distracting

304 5 mannerisms.

304 6 c. Vocabulary choice, making correct word choices

304 7 appropriate to the setting and consumers, using vocal

304 8 inflection consistent with word choice, selecting words that

304 9 remain true to the speaker's intent, and demonstrating lexical

304 10 variety.

304 11 d. Fluency, displaying confidence in production,

304 12 exhibiting a strong command of English in both spoken and

304 13 written forms, applying vocal inflections consistent with the

304 14 speaker's intent, and demonstrating understanding of and

304 15 sensitivity to cultural differences.

304 16 3. PROFESSIONAL CONDUCT. An applicant shall demonstrate:

304 17 a. Proficiency in functioning as a communicator of

304 18 messages between the sender and receiver, and educating

304 19 consumers of services about the functions and logistics of the

304 20 interpreting process.

304 21 b. An impartial demeanor, refraining from interjecting

304 22 opinions or advice and from aligning with one party over

304 23 another. An applicant shall treat all people fairly and

304 24 respectfully regardless of their relationship to the

304 25 interpreting assignment, and present a professional appearance

304 26 that is not visually distracting and is appropriate to the

304 27 setting. An applicant shall exhibit knowledge and application

304 28 of federal and state laws pertaining to the interpreting

304 29 profession.

304 30 c. Integrity, and shall be proficient in understanding and

304 31 applying ethical behavior appropriate for a licensee. An

304 32 applicant shall demonstrate discretion in accepting and

304 33 meeting interpreter services requests, and shall engage

304 34 actively in lifelong learning.

304 35 Sec. 429. NEW SECTION. 154E.4 EXCEPTIONS.

305 1 1. A person shall not practice interpreting or

305 2 transliterating, or represent oneself to be an interpreter,

305 3 unless the person is licensed under this chapter.

305 4 2. This chapter does not prohibit any of the following:

305 5 a. Any person residing outside of the state of Iowa

305 6 holding a current license from another state that meets the

305 7 state of Iowa's requirements from providing interpreting or

305 8 transliterating services in this state for up to fourteen days

305 9 per calendar year without a license issued pursuant to this

305 10 chapter.

305 11 b. Any person who interprets or transliterates solely in a

305 12 religious setting with the exception of those working in

305 13 schools that receive government funding.

305 14 c. Volunteers working without compensation, including

305 15 emergency situations, until a licensed interpreter is

305 16 obtained.

305 17 d. Any person working as a substitute for a licensed

305 18 interpreter in an early childhood, elementary, or secondary

305 19 education setting for no more than thirty school days in a

305 20 calendar year.

305 21 Sec. 430. Section 272C.1, subsection 6, Code 2003, is

305 22 amended by adding the following new paragraph:

305 23 NEW PARAGRAPH. ad. The board of interpreter for the

305 24 hearing impaired examiners, created pursuant to chapter 154E.

305 25 Sec. 431. INTERPRETER STANDARDS AND REGULATIONS. There is

305 26 appropriated from the general fund of the state to the Iowa

305 27 department of public health, for the fiscal year beginning

305 28 July 1, 2004, and ending June 30, 2005, the following amount,

305 29 or so much thereof as is necessary, for the purpose

305 30 designated:

305 31 For protecting the health and safety of the public through

305 32 establishing standards and enforcing regulations of

305 33 interpreters for the deaf, hard=of=hearing, and hearing

305 34 impaired, and for not more than the following full=time

305 35 equivalent positions:

306 1 .................................................. $ 60,390

306 2 ............................................... FTEs 1.00

306 3 Sec. 432. TRANSITION PROVISIONS.

306 4 1. The board of interpreter for the hearing impaired

306 5 examiners shall be provisionally established as provided in

306 6 section 147.14, as amended in this division of this Act,

306 7 effective July 1, 2004, for the sole purpose of appointment of

306 8 members and organizing, planning, and adopting rules, as

306 9 described in section 154E.2, as enacted in this division of

306 10 this Act, which rules shall be effective July 1, 2005. The

306 11 board shall become fully operational July 1, 2007, as provided

306 12 in this division of this Act.

306 13 2. Applicants for licensure under chapter 154E who have

306 14 not passed a licensure examination approved by the board by

306 15 July 1, 2005, shall be issued a temporary license to practice

306 16 interpreting for a period of two years, commencing on July 1,

306 17 2005.

306 18 3. Applicants issued a temporary license pursuant to this

306 19 section shall pass a licensure examination approved by the

306 20 board on or before July 1, 2007, in order to remain licensed

306 21 as an interpreter.

306 22 Sec. 433. EFFECTIVE DATE. This division of this Act

306 23 providing for the licensing of interpreters by amending

306 24 chapters 147 and 272C and enacting chapter 154E takes effect

306 25 July 1, 2005.