SENATE BILL 1054
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Nancy Rodriguez
AN ACT
RELATING TO LICENSURE; CREATING THE SIGN LANGUAGE INTERPRETING PRACTICES ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Sign Language Interpreting Practices Act".
Section 2. DEFINITIONS.--As used in the Sign Language Interpreting Practices Act:
A. "board" means the sign language interpreting practices board;
B. "deaf or hard-of-hearing person" means a person who has either no hearing or who has significant hearing loss;
C. "department" means the regulation and licensing department;
D. "interpreter" means a person:
(1) certified under the national registry of interpreters for the deaf;
(2) who has met the requirements for licensure as an interpreter for deaf or hard-of-hearing persons, as established by the board; and
(3) who engages in the practice of interpreting; and
E. "interpreting" means the process of providing accessible communication between deaf or hard-of-hearing persons and hearing persons, including:
(1) communication between American sign language, English-based sign language, cued speech and oral interpreting; or
(2) other modalities such as visual, gestural and tactile methods.
Section 3. LICENSE REQUIRED.--Unless licensed pursuant to the Sign Language Interpreting Practices Act, a person shall not:
A. practice as an interpreter or perform interpreting services for compensation;
B. use the title of interpreter or represent himself as an interpreter, or use any other title, abbreviation, letters, figures, signs or devices that indicate the person is licensed to practice interpreting; or
C. advertise, hold himself out to the public or represent in any manner that the person is licensed to provide interpreting services.
Section 4. EXEMPTIONS.--The Sign Language Interpreting Practices Act shall not apply to:
A. nonresident interpreters working in New Mexico less than thirty calendar days per year;
B. interpreting in religious settings;
C. interpreting on a volunteer basis without compensation;
D. interpreting in informal settings for friends, families or guests;
E. interpreting in emergency situations; or
F. the activities or services of a supervised interpreter intern or student in training that is enrolled in a program of study in sign language interpreting at an accredited institution of higher learning.
Section 5. CONFIDENTIAL COMMUNICATION.--A communication is confidential if it is not intended to be disclosed to third persons other than those present to further the interest of the person requiring the interpreting.
Section 6. BOARD CREATED.--
A. The "sign language interpreting practices board" is created.
B. The board shall be administratively attached to the department.
C. The state affiliate chapters of the national registry of interpreters for the deaf and the national association for the deaf shall provide a list of qualified persons for board membership for the governor's consideration. The governor shall appoint the members to serve on the board, subject to confirmation by the senate.
D. The board shall consist of eight members as follows:
(1) four practicing interpreters, one of whom is a deaf or hard-of-hearing person and one of whom is an interpreter educator in an accredited two- or four-year post-secondary educational institution;
(2) two deaf, hard-of-hearing persons or deaf-blind persons who rely on sign language interpretation;
(3) one person representing the general public; and
(4) the executive director of the commission for deaf and hard-of-hearing persons or the executive director's designee. The executive director or the executive director's designee shall serve as an ex-officio member of the board.
E. Members shall serve for staggered terms of six years each, except that the initial board shall be appointed so that the terms of two members expire June 30, 2007, the terms of two members expire June 30, 2008 and the terms of three members expire June 30, 2011.
F. Members shall be paid per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
G. No member shall serve more than two consecutive terms. A member failing to attend three meetings, after proper notice, shall be recommended for removal as a board member unless excused for reasons set forth in board rules.
H. The board shall elect a chairperson and other officers as it deems necessary to administer its duties.
I. The board shall hold at least one meeting annually and additional meetings as the board deems necessary. The additional meetings may be held upon call of the chairperson or upon written request of five members. Five members of the board shall constitute a quorum to conduct business.
Section 7. BOARD POWERS AND DUTIES.--
A. The board shall:
(1) administer and enforce provisions of the Sign Language Interpreting Practices Act, evaluate the qualifications of applicants for licensure and issue licenses;
(2) promulgate rules setting forth the qualifications of applicants for licensure and the provisions for the administration of examinations and the issuance, renewal, suspension or revocation of licenses;
(3) promulgate rules pursuant to the State Rules Act to effectively carry out and enforce the provisions of the Sign Language Interpreting Practices Act; and
(4) submit an annual budget for each fiscal year to the department.
B. The board may refuse, suspend or revoke a license of an interpreter, conduct investigations, issue subpoenas and hold hearings as provided in the Uniform Licensing Act.
C. Beginning in 2006, on October 1 of each year, the board shall submit a report to the department indicating:
(1) the current number of licensed interpreters; and
(2) the number of complaints received against interpreters and any disciplinary action taken within the previous calendar year.
Section 8. REQUIREMENTS FOR LICENSURE.--
A. A person eligible for licensure under the Sign Language Interpreting Practices Act shall hold certification under the national registry of interpreters for the deaf.
B. A person who has completed a sign language interpreting degree program of at least two years in length from an accredited college or university shall be granted a three-year provisional license.
C. Sign language interpreters working prior to the enactment of the Sign Language Interpreting Practices Act shall be granted a one-time, two-year provisional license.
Section 9. LICENSE RENEWAL.--
A. Notwithstanding Subsection B of Section 7 of the Sign Language Interpreting Practices Act, a licensee may renew a license every year by submitting a renewal application pursuant to the requirements of the board.
B. The board shall require continuing education for license renewal.
C. If a license is not renewed by the expiration date, the license shall be considered expired and the licensee shall refrain from practicing. The licensee may renew within a sixty-day grace period by submitting payment of the renewal fee and a late fee and complying with all renewal requirements. Upon receipt of payment and other requirements as established by the board, the licensee may resume practice.
D. After the sixty-day grace period, but before five years from the date of termination, a person with a terminated license is eligible for license reinstatement upon payment of the renewal fee plus a reinstatement fee as promulgated by rule of the board.
E. The board may issue rules providing for inactive status of licenses.
Section 10. FEES.--The board may, by rule, establish a schedule of fees as follows:
A. a nonrefundable application fee for initial licensure not to exceed one hundred fifty dollars ($150);
B. a nonrefundable application fee for initial provisional licensure not to exceed one hundred fifty dollars ($150);
C. an initial licensure fee not to exceed two hundred dollars ($200);
D. an initial provisional licensure fee not to exceed two hundred dollars ($200); provided that, if denied, the fee may be refunded upon written request of the applicant;
E. a nonrefundable annual renewal fee for licensure not to exceed one hundred dollars ($100);
F. a nonrefundable renewal fee for three-year provisional licensure not to exceed one hundred fifty dollars ($150);
G. a nonrefundable late renewal fee not to exceed sixty dollars ($60.00) for a license renewed during the sixty-day grace period, in addition to the renewal fee pursuant to Subsections E and F of this section; and
H. a nonrefundable reinstatement fee for a license terminated pursuant to Subsection D of Section 8 of the Sign Language Interpreting Practices Act, not to exceed one hundred twenty-five dollars ($125), in addition to the current renewal fee pursuant to Subsections E and F of this section.
Section 11. FUND CREATED.--
A. The "sign language interpreting practices fund" is created in the state treasury.
B. All money received by the board under the Sign Language Interpreting Practices Act shall be deposited with the state treasurer for credit to the sign language interpreting practices fund. The state treasurer shall invest the fund as other state funds are invested. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.
C. Money in the fund is appropriated to the board and shall be used only for purposes of carrying out the provisions of the Sign Language Interpreting Practices Act.
D. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the chairperson of the board.
Section 12. UNIFORM LICENSING ACT.--The Sign Language Interpreting Practices Act is enforceable according to the procedures set forth in the Uniform Licensing Act.
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