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-Educational 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. FCCDHHLicensure Task Force • 22 Members • First meeting in February of 2005 • Last meeting in September of 2005

13. 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 Task Force Members

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

16. 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

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

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. 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. 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

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

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

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. 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. 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. 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. 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. 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. 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. 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

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

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. 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.

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. 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 LicensureBoard 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 child’s 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