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1 The Road to Licensure Where we are in the Journey.

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Presentation on theme: "1 The Road to Licensure Where we are in the Journey."— Presentation transcript:

1 1 The Road to Licensure Where we are in the Journey

2 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 3 All came back with the same message Regulation of the profession is needed and wanted In Florida

4 4 State Licensure Should…………………..…Should not

5 5 State Licensure Educational exempt……...Non-Educational only

6 6 26. Licensure would motivate me to increase my credentials

7 7 Will we create a shortage of interpreters by establishing licensure? Survey says… No

8 8 28. Licensure would cause me to leave the profession

9 9 FAD & FCCDHH Public Testimony Concerns about interpreting services dominated both Facilities using “signing staff members” Lack of a readily accessible complaint process

10 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 11 FCCDHH 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.

12 12 FCCDHH Licensure Task Force 22 Members First meeting in February of 2005 Last meeting in September of 2005

13 13 Task 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 Wagner Consultant Sharon Casserta Volunteer Barbara Ledford

14 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 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

16 16 10 States with Licensure 11 States working on Licensure or Alternative 8 States with alternative to licensure Research showed… The other 49 states

17 17 RID and NAD Model Legislation 2 types of regulatory processes Differ in Licensure board composition Satisfying both models

18 18 Statistical Data in the State Number of Interpreters Number of interpreters by credential Number of DHH consumers Number of referral agencies

19 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

20 20 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.

21 21 The unique dual-residency status of many Floridians “Six month” consumers and practitioners

22 22 The multitude of interpreting- service venues Education Community 5 VRS centers Heavy senior Deaf population Heavy senior HH population 2 Residential treatment centers

23 23 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.

24 24 The Perfect Partnership FRID and FAD Florida Registry of Interpreters for the Deaf, Inc. Florida Association of the Deaf, Inc.

25 25 The bill itself The criteria for licensure The types/tiers of licensure Exemptions Complaint procedures Violations Penalties Affected statutes Time frames

26 26 Recommendations of License Eligibility Categories License Provisional License Permit Registered Permit Special Limited License Temporary License Temporary Permit

27 27 Required for All License/Permits 18 years of age or older High school diploma or equivalent No felony convictions

28 28 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

29 29 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

30 30 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

31 31 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.

32 32 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.

33 33 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.)

34 34 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

35 35 Additional Considerations Exemptions Complaint Procedure Revocation Surrender of License Inactive Status Severability Board Composition/Duties

36 36 Additional considerations Continuing Education Requirements Fees Application Process Renewal Privilege Penalties Nondiscrimination Definitions

37 37 Additional Considerations Interstate Reciprocity State Declared Emergencies Good Samaritan Law Mentorship/Apprenticeship

38 38 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 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 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 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 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.

43 43 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

44 44 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 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 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 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 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 49 Privilege – voluntary disclosure 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

50 50 Privilege – voluntary disclosure Investigating voluntary disclosure in line with the guiding principles of the NIC/RID Code of Professional Conduct

51 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 52 Complaint Procedure 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

53 53 Complaint Procedure The Department will acknowledge all complaints in writing within ten (10) business days after being received.

54 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 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;

56 56 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.

57 57 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;

58 58 Complaint Procedure 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;

59 59 Complaint Procedure Unprofessional 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/transliterator

60 60 Complaint Procedure Unprofessional 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;

61 61 Complaint Procedure Unprofessional 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;

62 62 Complaint Procedure Unprofessional conduct Aiding or assisting another person in violating any provision of this Act or any rule adopted herein

63 63Revocation 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 64Revocation 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 65Revocation The complainant and respondent shall be notified in writing of the State decision within ninety (90) days after receipt.

66 66Revocation 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.

67 67Revocation An application for reinstatement may be made to the Board affirmative vote of at least the majority completion of required professional development

68 68Revocation 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

69 69Penalties 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.

70 70 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

71 71 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:

72 72 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

73 73 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.

74 74 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.

75 75 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:

76 76 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.

77 77 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 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 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 80 Board Duties Acceptance of funds from federal and other sources to be used for the purposes of this chapter.

81 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 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 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 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 85 Collaboration and Partnerships FAD and FRID co- sponsor Licensure Bill It’s time to Rally in Tally! Chris Wagner, President of FAD addresses the Rally in Tally

86 86 Florida Coordinating Council on Deaf and Hard of Hearing Interpreter Licensure Task Force Funding FCCDHH Working lunches FRID Affiliates GOFRID BayFRID Sorenson

87 87 FRID/FAD Legislative Consultant Gary C. Lieffers of Lieffers and Associates Legislative Consultant and Lobbyist

88 88 Thank you to our Bill Sponsors! Rep. Dennis K. Baxley HB 1333 Senator Stephen K. Wise SB 2592

89 89 Roadblock!! Death of a bill Or is it just a coma?

90 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 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 92 We’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!

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

94 94 Websites

95 95 References 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 State’s regulatory language

96 96 Road to Licensure …could not be traveled without the collaborative efforts of many stakeholders… We thank them all!

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