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Current Status Bill Number:View additional legislative information at the LPITS web site.4933 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020320 Primary Sponsor:Klauber All Sponsors:Klauber Drafted Document Number:l:\council\bills\swb\5241ac02.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Licensure for Interpreters and Transliterators Act History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020320 Introduced, read first time, 27 H3M referred to Committee Versions of This Bill
TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 83 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 BOARD 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. Title 40 of the 1976 Code is amended by adding:
Section 40-83-3. (A) This chapter 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 chapter.
(B) 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 40-83-5. Unless otherwise provided in this chapter, Article 3, Chapter 83 applies to the regulation of interpreters and transliterators; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
Section 40-83-10. (A) There is created the State Board of Interpreters and Transliterators under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect members of the public who are hearing deaf, hard-of-hearing, deaf-blind, or speech disabled through regulation professionals who provide interpreting and transliterating services. This regulation shall include the authority over the licensing and permitting of persons engaged in these activities, the establishment of interpreting and transliterating standards in the State and monitoring and investigation of persons engaged in interpreting and transliterating services in South Carolina. The board is charged with the administration and enforcement of this chapter and shall promulgate regulations under the chapter.
(B) The board shall consist of the following members, all of whom must be residents of the State, who must be appointed by the Governor:
(1) one member certified as a community interpreter or transliterator at a professional level by a nationally recognized certification;
(2) one member accredited as an educational interpreter or transliterator at a professional level by a nationally recognized educational interpreter assessment.
(3) two members from the deaf and hard-of-hearing community. One of which must represent a minority culture; and.
(4) one member from the general public.
(C) Each interpreter and transliterator member must have had at least three years' experience before being appointed.
(D) The governor shall consider nominations by any individual, group, or association. Members shall serve terms of four years and until their successors are appointed and qualified. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(E) The board shall meet not less than twice annually, and as frequently as it considers necessary, at such time and places as it designates. Three members constitute a quorum for the transaction of business.
Section 40-83-20. As used in this chapter:
(1) 'Board' means the State Board of Interpreters and Transliterators as established in this chapter.
(2) 'Code of ethics' means the tenets adopted by the board which sets guidelines governing professional conduct for interpreters and transliterators.
(3) 'Community interpreter' means a person who is credentialed as a professional interpreter and who engages in the practice of interpreting among consumers in any setting except K-12 educational settings.
(4) 'Consumer' means a hearing, deaf, hard-of-hearing, deaf-blind, or speech disabled person or any other person or an agency or educational setting that requires the services of an interpreter or transliterator to effectively communicate and comprehend signed or spoken discourse.
(5) 'Continuing education program' means a program approved by the board to improve the skill level of licensees and permit holders.
(6) 'Educational interpreter' or 'transliterator' means a person who is credentialed as an interpreter and who engages in the practicing of interpreting or transliterating in a pre-kindergarten to grade twelve setting.
(7) 'Interpreting' or 'transliterating' means any process of providing accessible communication between and among consumers who do not share a common means of communication. For the purposes of this chapter, interpreting means those processes known as interpretation and transliteration and includes communication modalities including, but not limited to, visual, gestural, contact sign, and tactile channels. For purposes of this chapter, the facilitation of communication between signing and nonsigning persons is considered interpreting or transliteration for the deaf.
(8) 'Nationally recognized certification' means full certification awarded to individuals who successfully complete an evaluation of interpreting skills at a professional level. The term includes, but is not limited to, 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.
(9) 'Nationally recognized educational interpreter assessment' means accreditation awarded to individuals who successfully complete an evaluation of interpreting and transliterating skills in an educational setting. The term includes, but is not limited to, accreditation by the Educational Interpreter Performance Assessment.
(10) '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.
(11) '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.
(12) '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.
(13) 'Student' or 'student interpreter' or 'student transliterator' means an individual enrolled in a board-approved academic program while engaged in completing the clinical requirement for graduation under the supervision of a licensed interpreter/transliterator in good standing with the board.
Section 40-83-30. A person shall not engage in the practice of interpretation or transliteration without a license or permit issued in accordance with this chapter. A person who practices as an interpreter or transliterator without being licensed or permitted under this chapter or whose license or permit has been suspended or revoked or who uses in connection with his name the words 'Licensed interpreter', 'Licensed transliterator', 'Interpreter', 'Transliterator', 'Educational interpreter', 'Educational transliterator', or any other letters, words, or insignia indicating or implying that he is an interpreter or transliterator or who in any other way, orally or in writing or in print or by sign directly or by implication, represents himself as an interpreter or transliterator without being licensed or permitted by the board is subject to the penalties provided for in this chapter.
Section 40-83-50. (A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) The board shall establish fees in regulation.
(C) Fees are nonrefundable and may be prorated in order to comply with an annual schedule.
Section 40-83-60. (A) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, promulgation of regulations for the practice of interpretation and transliteration, determining the qualifications and requirements for licensure, establishing a code of ethics binding on persons licensed under or subject to this chapter, and establishing disciplinary procedures.
(B) The board may have and use an official seal bearing the words 'South Carolina Board of Interpreters and Transliterators'.
Section 40-83-70. In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-83-80. (A) The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided in Section 40-1-80. Nonboard members may serve as advisors to provide professional expertise to inspectors or investigators.
(B) For the purpose of an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
(C) In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-83-90. For the purpose of an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
Section 40-83-100. In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or other equitable relief to enjoin a violation of this chapter.
Section 40-83-110. (A) The board may seek administrative fines, pursuant to Section 40-1-120 or seek criminal penalties against a person or firm found guilty of unlicensed practice of interpreting or transliterating. In addition to the grounds provided for in Section 40-1-110, the board may cancel, suspend, refuse, revoke, or restrict a license as well as reprimand, fine, or require re-examination of an individual who is found guilty of:
(1) the practice of fraud or deceit in applying for or obtaining a license;
(2) gross negligence, incompetency, or misconduct in the practice of interpreting or transliterating;
(3) a felony or misdemeanor which, in the judgment of the board, adversely affects the individual's ability to perform satisfactorily within the licensed discipline;
(4) aiding or abetting any person in violation of a provision of this chapter or a regulation promulgated pursuant to this chapter; and
(5) a violation of this chapter or a regulation promulgated by the board.
(B) The license of a person adjudged mentally incompetent is deemed automatically suspended upon the adjudication until the person is adjudged as being restored to mental competency by a court of competent jurisdiction or in any other manner provided by law.
Section 40-83-115. The board has jurisdiction over practice undertaken by nonlicensed individuals, and the actions committed or omitted by current and former licensees during the entire period of licensure. The board has jurisdiction to act on any matter which arises during the practice authorization period of licensed practitioners as provided for in Section 40-1-115.
Section 40-83-120. (A) If a majority of the board sustains the charges against the offending party, the board may levy a civil fine, as well as reprimand, suspend, refuse licensure, require requalification, or revoke the certificate of registration, as appropriate.
(B) The board may require the offending party to pay a fine of not more than five hundred dollars to the board for each violation of a provision of this chapter or a regulation promulgated by the board; however, the total of the fines imposed for these violations may not exceed ten thousand dollars.
(C) A final order of the board disciplining a licensee under this chapter is public information in accordance with Section 40-1-120(C).
Section 40-83-130. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-83-140. As provided for in Section 40-1-140, a license may not be denied solely based on a person's prior criminal record.
Section 40-83-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.
Section 40-83-160. A person aggrieved by a final action of the board may seek review of the decision to the Administrative Law Judge Division in accordance with Section 40-1-160.
Section 40-83-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-83-180. (A) All fines are payable immediately upon imposition. Unless the fine is paid within sixty days after the order becomes final, the order constitutes a judgment and must be filed and execution issued on the judgment in the same manner as the judgment of a court of common pleas. Interest accrues on the amount of the fine from the date imposed until the date paid at the rate specified in Section 34-31-20(B).
(B) No registrant against whom a fine is levied is eligible for reinstatement until the fine has been paid in full.
Section 40-83-190. To the extent provided in Section 40-1-190, investigations and proceedings conducted under this chapter are confidential and all communications are privileged. Notwithstanding the provisions of this section, a final order of the board disciplining a licensee is public information as provided for in Section 40-1-120(C).
Section 40-83-200. A person who violates a provision of this chapter or a regulation promulgated pursuant to this chapter or who commits any of the following violations is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not less than five hundred dollars and not more than two thousand dollars for each violation, or both; however, the total imposed for these violations may not exceed ten thousand dollars:
(1) practices or offers to practice interpreting or transliterating in this State without being registered in accordance with this chapter;
(2) presents or attempts to use as his own the license of another;
(3) gives false or forged evidence of any kind to the board or to a member of the board in obtaining a license;
(4) falsely impersonates another license of like or different name;
(5) attempts to use an expired or revoked license.
Section 40-83-220. (A) A person who provides community interpreting or transliterating services for remuneration must be licensed by the board as a community interpreter unless that person is exempt pursuant to Section 40-83-270.
(B) An initial license must be issued upon submission of:
(1) an application;
(2) documentation of current validation of a nationally recognized full certification as approved by the board;
(3) a sworn statement that the applicant has read, understands, and agrees to abide by the interpreter and transliterator Code of Ethics; and
(4) payment of the required nonrefundable fee.
(C) A license must be renewed annually upon submission of:
(1) an application;
(2) documentation of current validation of a nationally recognized full certification as approved by the board;
(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 1.5 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 40-83-230. (A) The board shall issue a permit to a person who is practicing as a community interpreter or transliterator for remuneration as of July 1, 2002, if the person does not otherwise meet the requirements for licensure pursuant to Section 40-83-220 and the person submits:
(1) an application;
(2) a sworn statement that the applicant has read, understands, and agrees to abide by the interpreter and transliterator Code of Ethics;
(3) evidence of current employment as an interpreter or transliterator; and
(4) 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 board 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 3.0 continuing education units, or both, acquired, as prescribed by the board; and
(5) payment of the nonrefundable permit renewal fee.
Section 40-83-240. (A) A person who provides educational interpreting or transliterating services for remuneration must be licensed by the board as an educational interpreter/transliterator unless that person is exempt pursuant to Section 40-83-270.
(B) An initial license must be issued upon submission of:
(1) an application;
(2) documentation of current validation of a nationally recognized educational interpreter proficiency assessment at an appropriate level as approved by the board;
(3) a sworn statement that the applicant has read, understands, and agrees to abide by the interpreter and transliterator Code of Ethics; and
(4) payment of the required nonrefundable fee.
(C) A license must be renewed annually upon submission of:
(1) an application;
(2) documentation of current validation of a nationally recognized educational interpreter proficiency assessment at an appropriate level as approved by the board;
(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 1.5 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 40-83-250. (A) The board shall issue a permit to a person who is practicing as an educational interpreter or transliterator for remuneration as of July 1, 2004 if the person does not otherwise meet the requirements for licensure pursuant to Section 40-83-240 and the person submits:
(1) an application;
(2) a sworn statement that the applicant has read, understands, and agrees to abide by the educational interpreter and transliterator Code of Ethics;
(3) evidence of current employment as an interpreter or transliterator; and
(4) payment of the nonrefundable permit fee.
(B) An initial permit may be issued for a period of twelve months. If within that time the educational interpreter or transliterator still does not meet the requirements for licensure, the educational interpreter or transliterator may obtain a renewal twelve-month permit. The board 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 3.0 continuing education units, or both, acquired, as prescribed by the board; and
(5) payment of the nonrefundable permit renewal fee.
Section 40-83-260. If the board denies an application for licensure or a permit to practice interpretation or transliteration, the board shall notify the applicant in writing and shall include the reasons for the denial. A person aggrieved by a decision of the board may appeal the decision pursuant to the Administrative Procedures Act.
Section 40-83-270. 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 board. The student is allowed to interpret or transliterate under the supervision of a licensed interpreter as part of his training for a maximum of two hundred hours;
(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 chapter, may petition the board for temporary nonrenewable exemption status."
SECTION 2. (A) Nominations for initial appointments to the South Carolina Licensure Board for Interpreters and Transliterators, created in Section 40-83-10 of the 1976 Code, as added by Section 1 of this act, must be submitted to the Governor before September 1, 2002.
(B) The Governor shall make the initial appointments to the South Carolina Board for Interpreters and Transliterators before November 1, 2002.
(C) The board shall meet before January 1, 2003, for the purpose of selecting a chair of the board and for organizing and transacting business as may come before the board.
SECTION 3. A person who is conducting educational interpreting or transliterating is not required to comply with the licensing provisions of this act until July 1, 2005.
SECTION 4. This act takes effect upon approval by the Governor.
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