_h1333c1

HB 1333

CHAMBER ACTION

1	The Business Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to interpreters for the deaf and hard of
7	hearing; amending 20.165, F.S.; including the Board of
8	Interpreters for the Deaf and Blind to the list of boards
9	under the Department of Business and Professional
10	Regulation; creating pt. XV of ch. 468, F.S.; creating s.
11	468.90, F.S.; providing definitions; creating s. 468.901,
12	F.S.; creating the Board of Interpreters for the Deaf and
13	Hard of Hearing under the Department of Business and
14	Professional Regulation; providing for appointment,
15	qualifications, and terms of board members; creating s.
16	468.902, F.S.; providing for board headquarters; creating
17	s. 468.903, F.S.; requiring certain persons to be licensed
18	or hold a permit to practice; creating s. 468.904, F.S.;
19	providing for license and permit application and renewal,
20	reinstatement, extension, suspension, and revocation;
21	providing rulemaking authority; creating s. 468.905, F.S.;
22	providing for application, examination, license, and
23	permit fees; creating s. 468.906, F.S.; providing
24	restrictions on and qualifications for licensure and
25	permit holding; providing for licensure and permit types;
26	creating s. 468.907, F.S.; providing for surrender or
27	seizure of suspended or revoked licenses and permits;
28	requiring payment of certain fee upon reinstatement;
29	prohibiting practice under certain circumstances; creating
30	s. 468.908, F.S.; providing requirements for inactive
31	status; creating s. 468.909, F.S.; providing continuing
32	education requirements; creating s. 468.910, F.S.;
33	providing requirements for submitting certain complaints;
34	requiring the board to compile certain complaint data;
35	providing that disciplinary proceedings shall be conducted
36	under s. 456.073, F.S.; providing grounds for board
37	recommendation of revocation or suspension of license or
38	permit or other disciplinary action; creating s. 468.911,
39	F.S.; providing exemptions from regulation under the part;
40	creating s. 468.912, F.S.; prohibiting certain acts;
41	providing penalties; creating s. 468.913, F.S.;
42	establishing privilege for certain conversations;
43	providing for voluntary disclosure of certain privileged
44	conservations; creating s. 468.914, F.S.; providing
45	rulemaking authority; providing an effective date.
46
47	WHEREAS, the Legislature declares the practice of manual or
48	oral interpreting and transliterating services affects the
49	public health, safety, and welfare; therefore, the licensure of
50	these practices is necessary to ensure minimum standards of
51	competency and to provide the public with safe and accurate
52	manual or oral interpreting or transliterating services, and
53	WHEREAS, it is the intent of the Legislature to provide for
54	the regulation of persons in the state offering manual or oral
55	interpreting or transliterating services to individuals who are
56	deaf, hard of hearing, or dependent on the use of manual modes
57	of communication, NOW, THEREFORE,
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1. Paragraph (a) of subsection (4) of section
62	20.165, Florida Statutes, is amended to read:
63	20.165 Department of Business and Professional
64	Regulation.--There is created a Department of Business and
65	Professional Regulation.
66	(4)(a) The following boards are established within the
67	Division of Professions:
68	1. Board of Architecture and Interior Design, created
69	under part I of chapter 481.
70	2. Florida Board of Auctioneers, created under part VI of
71	chapter 468.
72	3. Barbers' Board, created under chapter 476.
73	4. Florida Building Code Administrators and Inspectors
74	Board, created under part XII of chapter 468.
75	5. Construction Industry Licensing Board, created under
76	part I of chapter 489.
77	6. Board of Cosmetology, created under chapter 477.
78	7. Electrical Contractors' Licensing Board, created under
79	part II of chapter 489.
80	8. Board of Employee Leasing Companies, created under part
81	XI of chapter 468.
82	9. Board of Interpreters for the Deaf and Hard of Hearing,
83	created under part XV of chapter 468.
84	10.9. Board of Landscape Architecture, created under part
85	II of chapter 481.
86	11.~~10.~~ Board of Pilot Commissioners, created under chapter
87	310.
88	12.~~11.~~ Board of Professional Engineers, created under
89	chapter 471.
90	13.~~12.~~ Board of Professional Geologists, created under
91	chapter 492.
92	14.~~13.~~ Board of Professional Surveyors and Mappers,
93	created under chapter 472.
94	15.~~14.~~ Board of Veterinary Medicine, created under chapter
95	474.
96	Section 2. Part XV of chapter 468, Florida Statutes,
97	consisting of sections 468.90, 468.901, 468.902, 468.903,
98	468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.910,
99	468.911, 468.912, 468.913, and 468.914, is created to read:
100	PART XV
101	INTERPRETERS FOR DEAF AND HARD OF HEARING
102	468.90 Definitions.--As used in this part, the term:
103	(1) "American Sign Language" means a fully developed
104	visual-gesture language with distinct grammar, syntax, and
105	symbols that is the primary language used by the deaf community
106	in the United States.
107	(2) "American Sign Language Proficiency Interview" or
108	"Sign Communication Proficiency Interview" means the assessment
109	of fluency in American Sign Language.
110	(3) "Board" means the Board of Interpreters for the Deaf
111	and Hard of Hearing.
112	(4) "Cued speech" means a phonetically based system to
113	enable spoken language to appear visually through the use of
114	hand shapes and specific locations in combination with natural
115	mouth movements to represent sounds of spoken language.
116	(5) "Deaf" means a nonfunctional sense of hearing for the
117	purpose of communication and whose primary means of
118	communication is visual. Unless otherwise specified, "deaf" also
119	means hard of hearing or deaf-blind.
120	(6) "Deaf-blind" means senses of hearing and sight that
121	are limited for the purpose of communication. A deaf-blind
122	person's primary means of communication is visual or tactile.
123	(7) "Deaf interpreter" means a person who engages in the
124	practice of interpreting in a setting that requires two or more
125	interpreters in order to facilitate communication between
126	persons who are deaf or hard of hearing and those who are
127	hearing.
128	(8) "Department" means the Department of Business and
129	Professional Regulation.
130	(9) "Educational interpreter" means an interpreter who
131	engages in the practice of interpreting in a prekindergarten
132	through grade 12 setting.
133	(10) "Educational Interpreter Evaluation" means the test
134	administered by the Florida Registry of Interpreters for the
135	Deaf, Inc., to assess the skills of educational interpreters in
136	the state and consists of three levels: Level 1, which is the
137	lowest skill level; Level 2, which is the intermediate skill
138	level; and Level 3, which is the highest skill level.
139	(11) "Educational Interpreter Performance Assessment"
140	means the assessment developed by staff members of Boys Town
141	National Research Hospital with partial support from the
142	National Institute of Health-National Institute on Deafness and
143	other Communication Disorders grant, D-60 DC00982.
144	(12) "Florida Registry of Interpreters for the Deaf, Inc."
145	means the state affiliate chapter of the national Registry of
146	Interpreters for the Deaf, Inc.
147	(13) "Hard of hearing" means a hearing loss that results
148	in the possible dependence on visual methods to communicate.
149	(14) "Interpreter" means a person who engages in the
150	practice of interpreting for the deaf or hard of hearing and,
151	unless otherwise specified, means a person who engages in the
152	practice of transliterating.
153	(15) "Interpreter service consumer" means the person for
154	whom the interpreter facilitates communication.
155	(16) "Interpreting" means the process of providing
156	accessible communication between persons who are deaf or hard of
157	hearing and those who are hearing and includes, but is not
158	limited to, communication between American Sign Language and
159	English or other modalities that involve visual, gestural, and
160	tactile methods of communication.
161	(17) "Mentorship" means professional guidance by a
162	qualified practitioner, as provided by board rule, on a formal
163	or an informal basis.
164	(18) "Multilingual interpreting" means the act of
165	interpreting in a setting that requires not only skill in
166	English and American Sign Language, but also another language,
167	whether oral or signed, and cultural sensitivity and knowledge
168	of the parties involved.
169	(19) "National Association of the Deaf" means the entity
170	that certified sign language interpreters at a national level,
171	though the association no longer administers its certification
172	examination, and whose certifications consist of Level III,
173	Generalist; Level IV, Advanced; and Level V, Master; and are
174	recognized in the Registry of Interpreters for the Deaf, Inc.
175	(20) "National Council on Interpreting" means the joint
176	council of the Registry of Interpreters for the Deaf, Inc., and
177	the National Association of the Deaf that issues a National
178	Interpreter Certification certifying sign language interpreters
179	at the national level.
180	(21) "Oral interpreting" means facilitating a mode of
181	communication using speech, speechreading, and residual hearing
182	and situational and culturally appropriate gestures without the
183	use of sign language.
184	(22) "Quality Assurance Screening" means the examination
185	administered by the Florida Registry of Interpreters for the
186	Deaf, Inc., to monitor the progress of uncertified apprentice
187	interpreters in the state which examination consists of three
188	levels: Level I, Beginner Apprentice; Level II, Intermediate
189	Apprentice; and Level III, Advanced Apprentice.
190	(23) "Registry of Interpreters for the Deaf, Inc.," means
191	the entity that certifies sign language and oral interpreters at
192	the national level and that grants a specialist certificate in
193	the area of legal interpreting.
194	(24) "Sign language" means a continuum of visual-gestural
195	language and communication systems based on hand signs and is
196	not limited to American Sign language.
197	(25) "Student" or "intern" means a person enrolled in a
198	course of study or mentorship or an apprenticeship program that
199	leads to a certificate or degree at an accredited institution or
200	a license in interpreting.
201	(26) "Teaching, Education, and Certification Unit" means
202	the national organization that assesses and certifies cued
203	speech transliterators.
204	(27) "Transliterating" means the process of providing
205	accessible communication between persons who are deaf or hard of
206	hearing and those who are hearing primarily using a signed mode
207	of English and spoken English.
208	(28) "Transliterator" means a person who engages in the
209	practice of transliterating.
210	468.901 Board of Interpreters for the Deaf and Hard of
211	Hearing; membership, appointment, terms.--
212	(1) The Board of Interpreters for the Deaf and Hard of
213	Hearing is created within the Department of Business and
214	Professional Regulation consisting of nine members appointed by
215	the Governor and confirmed by the Senate. To ensure continuity
216	of board policies and to provide sufficient time for
217	implementation of the licensure and permitting process, the
218	Governor shall initially appoint members, as follows:
219	(a) Four members shall meet the qualifications set forth
220	in this part to be eligible to become fully licensed
221	interpreters, one of whom must be a practicing educational
222	interpreter, and the four members shall be appointed from a list
223	of nine individuals recommended by the Florida Registry of
224	Interpreters for the Deaf, Inc.
225	(b) One member shall be an interpreter for the deaf or
226	hard of hearing who meets the qualifications set forth in this
227	part to be eligible to hold a permit, provisional license, or
228	license, and shall be appointed from a list of three individuals
229	recommended by the Florida Registry of Interpreters for the
230	Deaf, Inc.
231	(c) Two members shall be deaf or hard of hearing, one of
232	whom must use American Sign Language as a primary mode of
233	communication, and shall be appointed from a list of six
234	individuals recommended by the Florida Coordinating Council on
235	Deaf and Hard of Hearing.
236	(d) Two members shall be private citizens who are hearing
237	and who do not hold a license or permit to interpret for the
238	deaf or hard of hearing.
239	(2) Members appointed after the initial appointments shall
240	be licensed or hold a permit for which the initial appointees
241	were eligible pursuant to paragraphs (1)(a) and (b).
242	(3) The applicable provisions of s. 20.165 shall apply to
243	the board, board membership, and licensure requirements.
244	(4) All provisions of chapter 455 relating to the
245	activities of regulatory boards under the Department of Business
246	and Professional Regulation shall apply to the board.
247	468.902 Board headquarters.--The board shall maintain its
248	official headquarters in Tallahassee.
249	468.903 Authority to practice.--Any person who receives
250	remuneration as an interpreter, represents himself or herself as
251	an interpreter, or conveys the impression of or assumes the
252	identity of an interpreter must be licensed or hold a permit in
253	accordance with the provisions of this part.
254	468.904 Application and renewal, reinstatement, extension,
255	suspension, and revocation process.--
256	(1) The board shall adopt by rule procedures necessary to
257	implement the requirements for license and permit application,
258	license renewal, license reinstatement, permit extension,
259	license and permit suspension and revocation, and continuing
260	education requirements.
261	(2) An application for a license or permit and license or
262	permit renewal shall be submitted to the board.
263	(3) An application shall include, but not be limited to:
264	(a) Proof of issuance of a valid recognized credential.
265	(b) A recent passport or other official photograph of the
266	applicant.
267	(c) Payment of the required nonrefundable application fee.
268	(4) The board shall adopt by rule procedures for handling
269	incomplete applications.
270	(5) Each license or permit must be renewed no later than
271	March 1 of each year.
272	(6) An application for license renewal or permit extension
273	shall be submitted annually to the board and shall include, but
274	not be limited to, the following:
275	(a) Proof of issuance of a valid recognized credential.
276	(b) Proof of completion of the required continuing
277	education, if applicable.
278	(c) The renewal or extension fee, including the late fee,
279	if appropriate.
280	(7) The board shall approve the issuance of a license or
281	permit, a renewal of the license, or an extension of a permit
282	upon its determination that the credentials and documents are
283	complete.
284	(8) An application for reinstatement of a suspended
285	license or permit shall include, but not be limited to, the
286	following:
287	(a) Proof of license credentials.
288	(b) The nonrefundable application fee.
289	(c) A written request including the appropriateness of
290	reinstatement.
291	(d) Proof of completion of continuing education, as
292	applicable.
293	(9) An application for reinstatement of a revoked license
294	or permit must include, but not be limited to, the following:
295	(a) Proof of license credentials.
296	(b) The nonrefundable application fee.
297	(c) A written request including the appropriateness of
298	reinstatement.
299	(d) Proof of completion of continuing education, as
300	applicable.
301	(10) Upon a majority vote of the board to deny a license
302	or permit application, license renewal, license reinstatement,
303	or permit extension, the board shall notify the applicant of the
304	reasons for the denial in writing no later than 30 calendar days
305	after the board's action.
306	(11) A person who is issued a license or permit under this
307	part and who is acting as an interpreter shall display the
308	license or permit to a client or an interpreter service consumer
309	upon request.
310	(12) A person who is issued a license or permit under this
311	part shall notify the board of any change in his or her address
312	no later than 30 days after the change.
313	468.905 Fees.--The board shall establish by rule the fees
314	to be paid, as follows:
315	(1) Application fee, not to exceed $35.
316	(2) Examination fee, not to exceed $100, which is
317	refundable if the applicant is found to be ineligible to take
318	the examination.
319	(3) Reexamination fee, not to exceed $100.
320	(4) Initial license or permit fee, not to exceed $150.
321	(5) Annual license renewal fee, not to exceed $150.
322	(6) Permit extension fee, not to exceed $50.
323	(7) License reinstatement application fee, not to exceed
324	$70.
325	468.906 License and permit; qualifications.--
326	(1) RESTRICTIONS.--A license or permit may not be issued
327	under this part to:
328	(a) Any person convicted of a felony.
329	(b) Any person who has not received a high school diploma
330	or its equivalent.
331	(c) Any person who is not 18 years of age or older.
332	(2) INTERPRETER OR TRANSLITERATOR LICENSE.--An applicant
333	must hold one or more of the following valid certifications and
334	a degree in higher education after the applicable date specified
335	in paragraph (e) or paragraph (f) to be eligible for licensure
336	as an interpreter or transliterator:
337	(a) A Registry of Interpreters for the Deaf, Inc.,
338	certification, except that oral certification shall be
339	recognized to provide oral transliteration services only.
340	(b) A National Association of the Deaf Certification,
341	Level IV or Level V.
342	(c) A National Interpreting Council certification.
343	(d) A Teaching, Education, Certification Unit
344	Transliteration Skills certification, which shall be recognized
345	for a transliteration license to provide only cued speech
346	transliteration services.
347	(e) An associate of arts degree or an associate of science
348	degree held by an interpreter certified on or after January 1,
349	2010.
350	(f) A bachelor of arts degree or a bachelor of science
351	degree held by an interpreter certified on or after January 1,
352	2012.
353	(3) PROVISIONAL LICENSE.--
354	(a) An applicant must have successfully completed one or
355	more of the following assessments to be eligible for provisional
356	licensure:
357	1. Florida Registry of Interpreters for the Deaf, Inc.,
358	Quality Assurance Screening, Level II or Level III.
359	2. Florida Registry of Interpreters for the Deaf, Inc.,
360	Educational Interpreter Evaluation, Level II or Level III.
361	3. National Association of the Deaf, Level III.
362	4. Educational Interpreter Performance Assessment, Level
363	IV or Level V.
364	5. Teaching, Education, Certification Unit Cued American
365	English Competency Screening, Level 3.3?4.0, except the
366	assessment shall be recognized for a provisional license to
367	provide only cued speech transliteration services.
368	(b) An applicant for a deaf interpreter's provisional
369	license must have received a passing score on the Certified Deaf
370	Interpreter written examination and received a superior or
371	advanced plus rating on the Sign Communication Proficiency
372	Interview or the American Sign Language Proficiency Interview
373	assessment.
374	(c) The provisional license is active for not more than 5
375	years after the date of issuance, except that the board may
376	issue a 1-year extension. The board shall not issue more than
377	one extension of a provisional license.
378	(4) TEMPORARY LICENSE.--An interpreter temporarily
379	residing in the state who meets the criteria for licensure under
380	this part may hold a temporary license for a period not to
381	exceed 6 months after the date of issuance of the temporary
382	license. An interpreter may hold only one temporary license in a
383	calendar year.
384	(5) SPECIAL LIMITED LICENSE.--
385	(a) The board shall have the authority, upon presentation
386	of satisfactory proof of competency and under rules adopted by
387	the board, to issue a special limited license to an individual
388	who demonstrates competency in a specialized area for which no
389	formal, generally recognized evaluation exists. Specialized
390	areas associated with the practice of interpreting include, but
391	are not limited to, interpreting for the deaf-blind,
392	multilingual interpreting, and certain nonsign modalities.
393	(b) Special limited licenses shall be granted until
394	formal, generally recognized evaluative methods for these
395	modalities are instituted.
396	(c) Special limited licenses shall state the limitations
397	as to the specialized area for which the licensee demonstrates
398	competency.
399	(d) Licenses issued under this subsection are subject to
400	the provisions of this part and the rules adopted by the board,
401	except an applicant shall not be required to demonstrate any
402	knowledge or expertise in any communication modality other than
403	the one the applicant claims as the area of his or her
404	specialty.
405	(e) The board shall establish by rule separate educational
406	requirements for specific modalities to determine the competency
407	claimed by the applicant for a special limited license.
408	(f) The board shall adopt rules regarding the development
409	and implementation of criteria and licensure standards for
410	interpreters specializing in deaf-blind communication.
411	(g) Special limited licenses shall be recognized only for
412	the area of special competency specified on the license.
413	(6) PERMIT.--
414	(a) An applicant for a permit must have successfully
415	passed one of the following assessments to be eligible to hold a
416	permit under this subsection:
417	1. Florida Registry of Interpreters for the Deaf, Inc.,
418	Quality Assurance Screening, Level I.
419	2. Florida Registry of Interpreters for the Deaf, Inc.,
420	Educational Interpreter Evaluation, Level I.
421	3. Educational Interpreter Performance Assessment, Level
422	III.
423	(b) An applicant for a deaf interpreter's permit must have
424	successfully completed 20 documented hours of interpreter
425	training, of which 16 hours must be certified deaf interpreter
426	specific, and must have attained a superior or advanced plus
427	rating on the Sign Communication Proficiency Interview or the
428	American Sign Language Proficiency Interview assessment.
429	(c) A deaf interpreter's permit may not be held for more
430	than 2 years following the date of issuance, except the board
431	may approve a 1-year extension of the permit. The board shall
432	not issue more than one extension of a permit.
433	(d) Deaf interpreters must submit an audiogram or
434	audiological report with proof of hearing loss.
435	(7) REGISTERED PERMIT.--A registered permit shall be
436	issued not later than July 1, 2008. Any interpreter who provides
437	interpreter services prior to the date of enactment of this
438	part, who does not meet the requirements of this part, and who
439	has registered with the department not later than 60 calendar
440	days after the date of enactment of this part, shall be issued a
441	registered permit valid for a period of 2 years after the date
442	of enactment of this part. Any interpreter who first provides
443	interpreter services after the date of enactment of this part
444	shall comply with the licensing or permitting requirements under
445	this part.
446	(8) TEMPORARY PERMIT.--
447	(a) A person from another state, whether or not he or she
448	holds a valid interpreter's credential from that state, may hold
449	a temporary permit for a period not to exceed 6 months after the
450	date of issuance of the temporary permit.
451	(b) A person who holds a temporary permit must submit
452	proof of having applied to the department, no later than 60 days
453	after the date of issuance of the temporary permit, for one of
454	the following:
455	1. Licensure.
456	2. Temporary licensure.
457	3. Provisional licensure.
458	4. Permit.
459	5. Special limited license.
460	(c) A person may hold only one temporary permit.
461	468.907 Suspended or revoked license or permit.--
462	(1) A license or permit suspended or revoked by the board
463	is subject to immediate expiration and surrender to the
464	department.
465	(2) The department has the right to immediately seize a
466	suspended or revoked license or permit.
467	(3) The licensee or permitholder shall pay the
468	reinstatement fee if the suspended or revoked license is
469	reinstated by the board.
470	(4) A renewed license or permit shall not entitle the
471	licensee or permitholder to engage in the practice of
472	interpreting until the suspension or revocation period has ended
473	or is otherwise removed by the board and the right to practice
474	is restored by the board.
475	468.908 Inactive status.--Any interpreter who notifies the
476	board on forms prescribed by board rule may place his or her
477	license on inactive status and shall be exempt from payment of
478	renewal fees until he or she applies for reinstatement and the
479	reinstatement is approved by the board and a license is issued.
480	(1) Any interpreter who requests reinstatement from
481	inactive status shall pay the reinstatement fee and shall meet
482	the requirements for reinstatement as determined by board rule.
483	(2) Any interpreter whose license is inactive shall not
484	practice in the state.
485	(3) Any interpreter who practices interpreting while his
486	or her license is on inactive status shall be considered
487	practicing without a license and is subject to disciplinary
488	action.
489	(4) An interpreter may submit a request for inactive
490	status for up to 2 years, after which the inactive interpreter
491	may petition the board for an extension of an inactive status as
492	determined by board rule.
493	468.909 Continuing education.--
494	(1) A licensed interpreter shall annually submit proof of
495	current certification and indicate his or her compliance or
496	noncompliance with the requirements of the Registry of
497	Interpreters for the Deaf, Inc., Certification Maintenance
498	Program.
499	(2) A licensed Teaching, Education, and Certification Unit
500	cued speech transliterator shall submit proof of successful
501	completion of 2.0 units of continuing education during the
502	preceding 12 months ending March 15 of each year.
503	(3) A provisional licensed interpreter shall annually
504	submit proof of completion of 2.0 units of continuing education
505	during the preceding 12 months ending March 15 of each year,
506	which also shall indicate compliance with the Registry of
507	Interpreters for the Deaf, Inc., in the Associate Continuing
508	Education Training program.
509	(4) Registered permitholders shall annually submit proof
510	of successful completion of 2.0 units of continuing education
511	during the preceding 12 months ending March 15 of the year in
512	which application is made.
513	(5) Each licensee and permitholder is responsible for
514	maintaining records of successful completion of the continuing
515	education required by this subsection and transmitting a copy of
516	the record to the board.
517	468.910 Complaint process; grievances.--
518	(1) Complaints regarding dishonorable, unethical, or
519	unprofessional conduct of an interpreter or transliterator shall
520	be submitted to the board in writing or by videotape with a
521	completed complaint form not later than 1 calendar year after
522	the occurrence of the alleged violation.
523	(2) Complaints shall be compiled by the board and shall
524	include, but are not limited to:
525	(a) The name of the licensee.
526	(b) The name of the complainant.
527	(c) The date of the alleged violation.
528	(d) The date of the complaint.
529	(e) A brief statement detailing the nature of the
530	complaint.
531	(f) The final disposition of the complaint.
532	(3) The department shall acknowledge all complaints in
533	writing no later than 10 business days after receipt of the
534	complaint.
535	(4) Disciplinary proceedings shall be conducted pursuant
536	to s. 456.073.
537	(5) The board may recommend to the department the
538	revocation or suspension of a license or permit, or such
539	disciplinary action as the board deems appropriate, for conduct
540	that may result in or from, but not limited to:
541	(a) Obtaining or attempting to obtain a license under this
542	part through bribery, misrepresentation, concealment of material
543	fact, or fraudulent misrepresentation.
544	(b) Having been found guilty of fraud, misrepresentation,
545	concealment, or material misstatement of fact or deceit in
546	connection with providing interpreter or transliterator
547	services.
548	(c) Having violated any standard of professional or
549	ethical conduct adopted by board rule.
550	(d) Having been found guilty of unprofessional conduct,
551	including, but not limited to:
552	1. Making a false or fraudulent statement in any document
553	connected with the practice of interpreting or transliterating.
554	2. Willfully violating a privileged communication.
555	3. Willfully violating confidentiality.
556	4. Knowingly performing an act that aids or assists an
557	unlicensed person to practice interpreting or transliterating in
558	violation of this part.
559	5. Practicing interpreting or transliterating under a
560	false or assumed name.
561	6. Advertising for the practice of interpreting or
562	transliterating in a deceptive or unethical manner.
563	7. Performing as an interpreter or transliterator while
564	intoxicated or under the influence of illegal drugs.
565	8. Committing repeated violations of any of the rules of
566	the board or provisions of this part.
567	9. Committing repeated acts of gross misconduct in the
568	practice of interpreting or transliterating.
569	10. Demonstrating a pattern of practice or other behavior
570	that demonstrates incapacity or incompetence to practice under
571	this part.
572	(e) Having violated any lawful order or any provision of
573	the part or the rules adopted thereunder.
574	(f) Aiding or assisting another person in violating any
575	provision of this part or any rule adopted thereunder.
576	468.911 Exemptions.--The following interpreters or
577	transliterators are exempt from this part:
578	(1) An interpreter or transliterator who provides
579	interpreting services solely at a worship service or religious
580	ceremony conducted by a religious organization or for
581	educational purposes for a religious entity or religious-
582	affiliated school that does not receive public moneys, except
583	this exemption does not apply to settings that require
584	compliance with the Americans with Disabilities Act.
585	(2) An interpreter or transliterator who provides
586	interpreting services during an emergency. For purposes of this
587	subsection, "emergency" means a situation in which, after
588	documented attempts to obtain the services of a licensed
589	interpreter, an individual who is deaf or hard of hearing
590	determines that the delay in obtaining a licensed interpreter
591	might lead to injury or loss to the individual requiring
592	services, provided:
593	(a) The services of a licensed interpreter must continue
594	to be sought during the emergency in which the unlicensed
595	interpreter is providing interpreting services.
596	(b) An interpreter is acting under the Good Samaritan Act,
597	as determined by board rule.
598	(3) An interpreter who is not a resident of this state and
599	who:
600	(a) Is registered in this state, for a period not to
601	exceed 30 nonconsecutive calendar days in a calendar year, to
602	engage in interpreting, including, but not limited to,
603	conference interpreting, video-relay interpreting, or
604	interpreting while on a cruise vessel, and who may or may not
605	hold a valid credential from another state, except that:
606	1. The nonresident interpreter must provide proof to the
607	board of having submitted an application for a license or permit
608	before the expiration of his or her registration.
609	2. Interpreting services provided during a declared
610	national or state emergency will not be included in the 30-day
611	registration restriction.
612	(b) Practices under the authority of the board and this
613	part.
614	(4) Any person who provides interpreting services pro bono
615	or for remuneration under circumstances that do not allow for
616	the fulfillment of the provisions for licensure or permitting
617	under this part and in circumstances under which the services of
618	a qualified interpreter are not required under the provisions of
619	the federal Americans with Disabilities Act of 1990, section 504
620	of the Rehabilitation Act of 1973, the Individuals with
621	Disabilities Education Improvement Act of 2004, the No Child
622	Left Behind Act of 2001, or the regulations adopted thereunder.
623	(5) A student, intern interpreter, or person who
624	interprets in the presence of a supervising mentor who:
625	(a) Is enrolled in a course of study or mentorship program
626	leading to a certificate, degree, or licensure in interpreting,
627	provided that the student, intern, or person who interprets in
628	the presence of a supervising mentor engages only in activities
629	and services that constitute a part of a supervised plan of
630	study that clearly designates him or her as a student, intern,
631	or person interpreting in the presence of a supervising mentor.
632	(b) Interprets in the presence of a qualified supervising
633	mentor. The qualified supervising mentor must be:
634	1. A fully licensed interpreter or transliterator with a
635	minimum of 5 years of interpreting experience or an instructor
636	in an interpreter training program who has three letters of
637	recommendation from individuals already approved as mentors; or
638	2. A deaf mentor meeting the requirements for a
639	provisional license.
640	(6) An unlicensed interpreter who provides interpreting
641	services to facilitate emergency services and care by hospitals
642	under s. 395.1041 when a health care practitioner determines
643	that the delay to obtain a licensed interpreter may result in
644	harm to the patient.
645	468.912 Illegal acts; penalties.--Any person who attempts
646	to practice interpreting or transliterating for remuneration or
647	on a voluntary basis for an interpreter service consumer without
648	first having obtained a valid license or permit, who knowingly
649	files false information with the board for the purpose of
650	obtaining a license or permit, or who otherwise violates this
651	part commits a misdemeanor of the first degree, punishable as
652	provided in s. 775.082 or s. 775.083. Violations include, but
653	are not limited to:
654	(1) Obtaining or attempting to obtain a license or permit
655	by means of fraud, bribery, misrepresentation, or concealment of
656	material facts.
657	(2) Knowingly performing an act that in any way aids or
658	assists an unlicensed person or a person who does not hold a
659	valid permit to practice interpreting or transliterating.
660	(3) Interpreting or transliterating under a false or
661	assumed name.
662	(4) Using the name or title of "licensed interpreter" or
663	any other name or title which implies that he or she is licensed
664	or holds a permit under this part.
665	(5) Knowingly concealing information relating to the
666	enforcement of this part or rules adopted thereunder.
667	(6) Using or attempting to use a license or permit that is
668	suspended or revoked.
669	(7) Employing any individual who is not licensed or
670	permitted under this part for the purpose of providing
671	interpreter services to an interpreter services consumer.
672	(8) Knowingly allowing a student, intern interpreter, or
673	person who interprets in the presence of a supervising mentor to
674	provide interpreting services without direct supervision as
675	provided under this part.
676	(9) Presenting the license or permit of another person as
677	his or her own license.
678	(10) Allowing the use of his or her license or permit by
679	another person.
680	(11) Advertising professional services in a false or
681	misleading manner.
682	468.913 Privileged communications.--
683	(1) An interpreter who interprets or transliterates a
684	conversation between a person who can hear and a deaf person is
685	deemed a conduit for the conversation and may not disclose or be
686	compelled to disclose by subpoena the contents of the
687	conversation that he or she interpreted without the written
688	consent of all of the persons to whom he or she provided the
689	interpreting service.
690	(2) All communications that are recognized by law as
691	privileged shall remain privileged when an interpreter is used
692	to facilitate the communication.
693	(3) The disclosure of the contents of a privileged
694	conversation may be voluntarily disclosed when:
695	(a) An interpreter services consumer waives the privilege
696	by bringing public charges against the licensee.
697	(b) A communication reveals the intended commission of a
698	crime or harmful act and disclosure of the communication is
699	judged necessary by the licensed interpreter to protect any
700	persons from a clear, imminent risk of serious mental or
701	physical harm or injury or to forestall a serious threat to the
702	public safety.
703	(4) Nothing shall prohibit a licensed interpreter from
704	voluntarily testifying in court hearings concerning matters of
705	adoption, child abuse, or child neglect or other matters
706	pertaining to children, except as provided under the federal
707	Abused and Neglected Child Reporting Act.
708	(5) An educational interpreter may disclose pertinent
709	information to those directly responsible for the child's
710	educational program or to the members of the Individual
711	Education Plan Team.
712	468.914 Rulemaking authority.--
713	(1) The board is authorized to adopt rules pursuant to ss.
714	120.536(1) and 120.54 to implement the provisions of this part
715	conferring duties upon the board.
716	(2) In addition to the rulemaking requirements provided in
717	this part, the board shall adopt rules, pertaining to, but not
718	limited to:
719	(a) A code of professional conduct for licensees.
720	(b) Performance requirements, including education and
721	examination standards for interpreters.
722	(c) Continuing education requirements.
723	(d) Appropriate and acceptable testing tools to evaluate
724	interpreters.
725	(e) Fee schedules authorized under s. 468.906.
726	(f) Procedures for acceptance of funds from federal and
727	private sources to be used for the purposes of this part.
728	Section 3. This act shall take effect July 1, 2006.

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