Presentation on theme: "1 2007 SIGN LANGUAGE INTERPRETING LICENSURE LAW Opening the Dialogue AZ R egistry of I nterpreters for the D eaf."— Presentation transcript:
1 2007 SIGN LANGUAGE INTERPRETING LICENSURE LAW Opening the Dialogue AZ R egistry of I nterpreters for the D eaf
2 AGENDA Welcome/Introductions History of Arizona Licensure Laws Overview of ARS 36-1971 thru 36-1978 Current licensure activity & community involvement Call to action Questions & Answers
3 HISTORY of the AZ LICENSURE AZRID’s efforts (1999) Develop a plan Identify the problems Following through Intent behind the laws State minimum standards
4 DEVELOP OUR PLAN Identify problems Address AZRID Research Write bill Meet with stakeholders….. Expect it to take 3 years!
5 PROBLEMS IDENTIFIED :K thru 12 Educational Interpreter Limited training & opportunities Low motivation Under qualified; weak language models Underpaid Categorized incorrectly Supervised/evaluated by people who lack knowledge of the job/profession. Administration Lacks knowledge Lacks respect towards the validity of the profession Views staff interpreters as aides Poor hiring practices Poor evaluation processes Only sees the bottom line ($$$)
6 Parents Unaware Uninvolved Doesn’t ask or challenge Leaves it to Administration PROBLEMS IDENTIFIED :K thru 12
7 PROBLEMS IDENTIFIED : General Multiple credentials (State and National) Consumers unsure of what to ask for Signers marketing themselves incorrectly Signers charging inappropriate rates. Consumers and interpreters have NO recourse with non-certified signers No standardized definition of “Qualified Interpreter” There is no accountability!
8 AZRID’s INTENT—K thru 12 Establish a work category Improve work environments Improve pay scales and incentives Establish appropriate hiring and evaluating processes Establish relevant and challenging training Setting an expectation for the administration since the system hasn’t worked thus far. Create a framework of accountability
9 AZRID’s INTENT— General Address problems identified Raise minimum standard statewide Define qualified Establish accountability without reinventing the wheel
10 ARS 36-1971– “ Exemptions” Works in AZ for less than twenty days Provides services at religious activities. Provides services for an emergency if a delay …is likely to cause injury or loss of life. Volunteers their services (except legal) Employed in a K-12 school (per IEP) Interns or students in training
11 ARS 36-1971 – “ Licensure” The commission shall prescribe the education, examination and work history requirements for the licensure: 1. Legal. 2. Generalist. 3. Provisional. RID as a minimum standard is NOT in the law! **This is why you need to get involved!**
12 ARS 36-1972 — “ Use of title” A person who is NOT LICENSED shall not: Use any title, abbreviation, words, letters, signs Practice as an interpreter Use another person's license. **A person who violates this section is guilty of a Class 2 Misdemeanor (1 year/$750.00)**
13 ARS 36-1973 - “Qualifications” Submit an application and … fee as prescribed by the commission. ** Document successful completion of education, examination and work history requirements for the specific category of license for which they are applying. ** The application processes are NOT defined in the law, but in the rule making process. ** **This is why you need to get involved!**
14 ARS 36-1974 — “ Renewal” Executive director issues the licenses Pay a penalty fee for late renewal Practic[ing] after a license a expired is in violation. (Misdemeanor) A license that terminates shall submit an application and application fee as an original application... The commission may prescribe CEU as a condition of renewal **This is why you need to get involved!**
15 ARS 36-1975 – “ Denial” Committed fraud or misrepresentation in applying for a license in this state or another state. Convicted of a felony offense or any other offense involving moral turpitude. Adjudicated insane or incompetent. Engaged in fraud, dishonesty or corruption on a certification examination in another state.
16 ARS 36-1976– “Revocation” Unprofessional conduct Gross negligence or incompetence Fraud, dishonesty or corruption Inability to perform the duties at a level of skill defined by the commission. The commission-- Shall give notice and an opportunity for a hearing pursuant to its rules. May issue subpoenas, examine witnesses and administer oaths
17 Revocation, suspension language is expected to be cut and pasted from the legal licensure rules!
18 CURRENT LICENSING ACTIVITY and the COMMUNITY ARS 12-242—Interpreters for deaf people Rulemaking 101—your rights…your involvement “If you don’t know your rights, then you have no rights” Andrew M Somers, Civil Liberties Public Speaker, Writer
19 A. The court shall in any civil or criminal case or grand jury proceeding… appoint a qualified interpreter to interpret the proceedings to the deaf person… B. A department, board, commission, agency or licensing authority of this state or a political subdivision … appoint a qualified interpreter… C. If a person known or ascertained to be deaf is arrested and taken into custody for any alleged violation of a criminal law … shall procure a qualified interpreter in order to properly interpret... ARS 12-242
20 CHECKS and BALANCES ACDHH legally responsible for WRITING the rules Governors Regulatory Review Council ultimately APPROVES rules Public has direct INPUT into the rules
21 ARS 41-1001 —Definition of Rule an agency statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of an agency. Rule includes prescribing fees or the amendment or repeal of a prior rule but does not include intraagency memoranda that are not delegation agreements.
22 RULE MAKING 101 Rulemaking made public Public Comments GRRC—Public Comments GRRC Decides on rules Secretary of State Arizona Commission for the Deaf and the Hard of Hearing Governor’s Regulatory Review Council
23 RULES = Implementation of Law Framework (Legal Interpreter Rules) –Definition –Application –Sign Language (Legal) Interpreter Licensure –Provisional Sign Language (Legal) Interpreter Licensure –Deaf Legal Interpreter Licensure
24 RULES = Implementation of Law Framework (cont’d.) –Oral Interpreter Licensure –Licensing Application Time-Frames; Processing Procedures –License Denial, Suspension, and Revocation –Complaint Procedures –Rehearing or Review of Decisions –Licensure Renewal –Grandfathering of (Legal) Interpreters
25 DO RULES RULE FOREVER? Every 5 years rules are reviewed! Rules are rewritten,reevaluated, recycled through the public process!