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Current Status Bill Number:View additional legislative information at the LPITS web site.430 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010308 Primary Sponsor:Jackson All Sponsors:Jackson Drafted Document Number:l:\council\bills\nbd\11312ac01.doc Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Licensure for Interpreters, Transliterators Act; regulation of; Handicapped, Deaf; Speech, Pathology, and Audiology History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010308 Introduced, read first time, 13 SMA referred to Committee Versions of This Bill
TO AMEND TITLE 40, CHAPTER 67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH-LANGUAGE PATHOLOGISTS, BY ADDING ARTICLE 3 SO AS TO ENACT THE SOUTH CAROLINA LICENSURE FOR INTERPRETERS AND TRANSLITERATORS ACT, TO PROVIDE FOR THE LICENSURE, PERMITTING, AND REGULATION OF PERSONS WHO PROVIDE INTERPRETING AND TRANSLITERATING SERVICES, TO CREATE THE SOUTH CAROLINA LICENSURE COUNCIL FOR INTERPRETERS AND TRANSLITERATORS AND TO PROVIDE FOR ITS POWERS AND DUTIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 67, Title 40 of the 1976 Code is amended by adding:
Section 40-67-500. This article may be cited as the 'South Carolina Licensure for Interpreters and Transliterators Act' and must be liberally construed and implemented to promote the purposes set forth in this article.
Section 40-67-510. The General Assembly declares that it is in the best interest of the public health, safety, and welfare to regulate the practice of interpreting and transliterating on behalf of consumers who are hearing, deaf, hard-of-hearing, deaf-blind, or speech disabled by licensing and permitting the providers of interpreting and transliterating services and establishing and monitoring interpreting and transliterating standards in this State.
Section 40-67-520. As used in this chapter:
(1) 'Code of ethics' means the tenets established by the Registry of Interpreters of the Deaf or the National Association of the Deaf, or both, which set guidelines governing professional conduct for interpreters and transliterators and any other code of ethics approved by the South Carolina Licensure Council for Interpreters and Transliterators.
(2) 'Consumer' means a hearing, deaf, hard-of-hearing, deaf-blind, or speech disabled person or any other person or an agency that requires the services of an interpreter or transliterator to effectively communicate and comprehend signed or spoken discourse.
(3) 'Continuing education program' means a program approved by the council to improve the skill level of licensees and permit holders.
(4) 'Council' means the South Carolina Licensure Council for Interpreters and Transliterators as established in this chapter.
(5) 'Interpreter' means a person who is credentialed as a professional interpreter and who engages in the practice of interpreting among consumers.
(6) 'Interpreting or transliterating' means the process of providing accessible communication between and among consumers who do not share a common means of communication. For the purposes of this article, interpreting means those processes known as interpretation and transliteration and includes communication modalities including, but not limited to, visual, gestural, and tactile channels. For purposes of this article, the facilitation of communication between signing and nonsigning persons is considered interpreting or transliteration for the deaf.
(7) 'Nationally recognized certification' means certification awarded to individuals who successfully complete an evaluation of interpreting skills at a professional level. The term includes a Registry of Interpreters for the Deaf certification or an equivalent such as the National Association for the Deaf level 3, 4, or 5 or Cued Speech Certification at a national level.
(8) 'South Carolina Association of the Deaf' means a state chapter of the National Association of the Deaf acting as a consumer advocacy organization serving the deaf and hard-of-hearing population of South Carolina.
(9) 'South Carolina Registry of Interpreters for the Deaf' means a state affiliate chapter of the Registry of Interpreters for the Deaf, Inc., serving as an interpreter advocacy and professional organization.
(10) 'Transliterator' means a person who is credentialed as a professional transliterator and who engages in the practice of transliteration between consumers utilizing two different modes of the same language.
Section 40-67-530. (A) There is created the South Carolina Licensure Council for Interpreters and Transliterators.
(B) The council shall consist of the following members, all of whom must be residents of the State, who must be appointed by the Governor:
(1) three members certified as interpreters or transliterators at a professional level by a nationally recognized certification, one of whom shall work in an educational setting. Two nominees for each position must be submitted to the Governor by the South Carolina Registry of Interpreters for the Deaf;
(2) three deaf or hard-of-hearing members who must be knowledgeable in the field of professional interpreting, one of whom shall represent the minority deaf community. Two nominees for each position must be submitted to the Governor by the South Carolina Association of the Deaf.
(3) one certified interpreter or transliterator at a professional level by a nationally recognized certification. Two nominees for this position must be submitted to the Governor by the South Carolina Association of the Deaf.
(C) Members shall serve terms of four years and until their successors are appointed and qualified. No member may serve more than two consecutive terms. Vacancies must be filled by the Governor from the remaining nominees for that position for the unexpired portion of the term.
(D) The council shall meet not less than twice annually, and as frequently as it considers necessary, at such time and places as it designates. Four members constitute a quorum for the transaction of business.
Section 40-67-540. The council shall:
(1) act on matters concerning licensure and permitting and the process of granting, suspending, reinstating, and revoking a license or permit;
(2) set a fee schedule in regulation for granting and renewing licenses and permits. The fees must be sufficient to cover the cost of the continued operation and administration of the council;
(3) establish a procedure to enable the investigation of complaints concerning the violation of ethical practices for licensed or permitted interpreters and transliterators;
(4) maintain a current register of licensed interpreters and transliterators and a current register of permitted interpreters and transliterators; these registers are matters of public record;
(5) maintain a complete record of all council proceedings;
(6) submit an annual report detailing the proceedings of the council to the Governor.
Section 40-67-550. (A) A person who provides interpreting or transliterating services for remuneration must be licensed by the council unless that person is exempt pursuant to Section 40-67-580.
(B) An initial license must be issued upon submission of:
(1) an application;
(2) documentation of current validation of a nationally recognized certification as approved by the council;
(3) a sworn statement that the applicant has read, understands, and agrees to abide by the interpreter and transliterator Code of Ethics;
(4) evidence of a high school diploma or GED; and
(5) payment of the required nonrefundable fee.
(C) A license must be renewed biennially upon submission of:
(1) an application;
(2) documentation of current validation of a nationally recognized certification as approved by the council;
(3) a sworn statement that the applicant has read, understands, and agrees to abide by the interpreter and transliterator Code of Ethics;
(4) documentation of professional development or 8.0 continuing education units, or both, acquired; and
(5) payment of the nonrefundable renewal fee.
(D) A licensee has sixty days after the expiration of the license to comply with subsection (C). Subsequently an individual may continue to practice and may renew a license or permit by submitting all the necessary documentation, payment of the nonrefundable fee, plus a late renewal fee as provided for in regulation. A license not renewed within sixty days is automatically terminated based on the failure of the individual to renew in a timely manner. Upon termination, the licensee is no longer eligible to practice in South Carolina.
Section 40-67-560. (A) The council shall issue a permit to a person who is practicing as an interpreter or transliterator for remuneration as of July 1, 2001 if the person does not otherwise meet the requirements for licensure, and the person submits:
(1) an application;
(2) documentation of a high school diploma or GED;
(3) a sworn statement that the applicant has read, understands, and agrees to abide by the interpreter and transliterator Code of Ethics;
(4) evidence of current employment as an interpreter or transliterator; and
(5) payment of the nonrefundable permit fee.
(B) An initial permit may be issued for a period of twelve months. If within that time the interpreter or transliterator still does not meet the requirements for licensure, the interpreter or transliterator may obtain a renewal twelve-month permit. The council may only issue a permit for a total of twenty-four months.
(C) To obtain a renewal permit, an applicant must submit;
(1) an application;
(2) evidence of current employment as an interpreter or transliterator;
(3) a sworn statement that the applicant has read, understands, and agrees to abide by the interpreter and transliterator Code of Ethics;
(4) documentation of professional development or 8.0 continuing education units, or both, acquired, as prescribed by the council; and
(5) payment of the nonrefundable permit renewal fee.
Section 40-67-570. If the council denies an application for licensure or a permit to practice interpretation or transliteration, the council shall notify the applicant in writing and shall include the reasons for the denial.
Section 40-67-580. These persons are exempt from licensure and permitting under this chapter:
(1) a student who is enrolled in an interpreter training program or an interpreter or transliterator internship program approved by the council. The student is allowed to interpret or transliterate as part of his or her training for a maximum of sixteen weeks in an educational setting or one hundred and twenty hours in an agency or business;
(2) a person who interprets or transliterates solely in a church, synagogue, temple, or other religious setting;
(3) a person holding nationally recognized certification and who resides outside of the State may provide interpreting and transliterating services for up to fourteen working days per calendar year without a license;
(4) a person desiring to interpret for remuneration where circumstances do not allow for fulfillment of the licensure or permitting requirements, as set forth in this article, may petition the council for temporary nonrenewable exemption status.
Section 40-67-590. (A) The council may enter into a reciprocal agreement with any agency, organization, or state that licenses, certifies, or registers professional interpreters or transliterators, or both, if the council finds that the agency, organization, or state has substantially the same or more stringent requirements. The reciprocity agreement must provide that the council shall license anyone who is currently licensed, certified, or registered by the agency, organization, or state if that agency, organization, or state agrees to license, certify, or register any practitioner who is currently licensed pursuant to this chapter.
(B) The council shall establish in regulation the fees appropriate in processing reciprocity. The licensing and permitting fees may be increased or decreased by the Department of Labor, Licensing and Regulation; however, the council shall not set a fee at an amount which would not provide sufficient revenues to pay all the costs and expenses incurred by the council in enforcing this chapter.
Section 40-67-600. (A) A person may bring charges of fraud, deceit, negligence, incompetence, or misconduct against a licensee or permit holder. All charges must be made in writing and sworn to by the person making the charges. All charges must be submitted to the chair of the council within ninety days of the alleged occurrence. After a review of the charges, the council may conduct a hearing at which it may:
(1) dismiss the charges;
(2) impose a fine not to exceed one thousand dollars;
(3) suspend or revoke the license or permit of the person charged;
(4) or any combination of these.
(B) The licensee or permit holder may appeal a decision of the council in accordance with the Administrative Procedures Act.
Section 40-67-610. (A) A 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 council for the purpose of obtaining a license or permit or who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) A person who is not licensed or permitted may not bring or maintain an action to enforce any contract for interpreting or transliterating services which he or she entered into in violation of this chapter.
(C) If it appears to the council that an interpreter or transliterator has violated or is about to violate a provision of this article, the council may petition an administrative law judge for a temporary restraining order enjoining the violation.
Section 40-67-620. (A) A licensee or permit holder shall notify the council within ten days of any felony conviction and within ten days of a civil action being brought against the licensee or permit holder if the civil action arose from an interpreting or transliterating transaction or involves the goodwill of a licensee or permit holder or an existing interpreting or transliterating business or agency. The notification must be in writing and sent by certified mail and must include a copy of the judgment.
(B) Allegations of a breach of professional ethics or conduct incompatible with the regulations promulgated by the council may be brought against a licensee or permit holder by any individual, business, or agency."
SECTION 2. (A) Nominations for initial appointments to the South Carolina Licensure Council for Interpreters and Transliterators, created in Section 40-67-530 of the 1976 Code, as added by Section 1 of this act, must be submitted to the Governor before September 1, 2001.
(B) The Governor shall make the initial appointments to the South Carolina Council for Interpreters and Transliterators before November 1, 2001.
(C) The council shall meet before January 1, 2002 for the purpose of selecting a chair of the council and for organizing and transacting business as may come before the council.
SECTION 3. Sections 40-67-5 through 40-67-350 of the 1976 Code are designated Article 1, Chapter 67, Title 40 of the 1976 Code and entitled "Speech Pathologists and Audiologists".
SECTION 4. This act takes effect upon approval by the Governor.
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