HB 215

1	A bill to be entitled
2	An act relating to interpreters for the deaf and hard of
3	hearing; creating part XVII of ch. 468, F.S.; creating s.
4	468.90, F.S.; providing definitions; creating s. 468.901,
5	F.S.; creating the Board of Interpreters for the Deaf and
6	Hard of Hearing under the Florida Registry of Interpreters
7	for the Deaf, Inc.; providing for appointment,
8	qualifications, and terms of board members; creating s.
9	468.902, F.S.; providing for board headquarters; creating
10	s. 468.903, F.S.; requiring certain persons to be licensed
11	or hold a permit to practice; creating s. 468.904, F.S.;
12	providing for license and permit application and renewal,
13	reinstatement, extension, suspension, and revocation;
14	providing rulemaking authority; creating s. 468.905, F.S.;
15	providing for fees; creating s. 468.906, F.S.; providing
16	for application, examination, license, and permit fees;
17	creating s. 468.906, F.S.; providing restrictions on and
18	qualifications for licensure and permit holding; providing
19	for licensure and permit types; creating s. 468.907, F.S.;
20	providing for surrender or seizure of suspended or revoked
21	licenses and permits; creating s. 468.908, F.S.; providing
22	for inactive status; creating s. 468.909, F.S.; providing
23	continuing education requirements; creating s. 468.910,
24	F.S.; providing a process for submitting complaints;
25	requiring the board to compile certain complaint data;
26	providing for disciplinary proceedings to be conducted
27	under s. 456.073, F.S.; providing grounds for board
28	recommendation of revocation or suspension of license or
29	permit or other disciplinary action; creating s. 468.911,
30	F.S.; providing exemptions from regulation under the part;
31	creating s. 468.912, F.S.; prohibiting certain acts;
32	providing penalties; creating s. 468.913, F.S.;
33	establishing a privilege for certain conversations;
34	providing for voluntary disclosure of certain privileged
35	conversations; creating s. 468.914, F.S.; providing
36	rulemaking authority; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Part XVII of chapter 468, Florida Statutes,
41	consisting of sections 468.90, 468.901, 468.902, 468.903,
42	468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.910,
43	468.911, 468.912, 468.913, and 468.914, is created to read:
44	PART XVII
45	INTERPRETERS FOR DEAF AND HARD OF HEARING
46
47	468.90  Definitions.--As used in this part, the term:
48	(1)  "American Consortium of Certified Interpreters (ACCI)"
49	means the entity that certified sign language interpreters at
50	the national level, although the association no longer
51	administers its certification examination, and whose
52	certifications consist of Level III, Generalist; Level IV,
53	Advanced; and Level V, Master, and are recognized by the
54	Registry of Interpreters for the Deaf, Inc.
55	(2)  "American Sign Language" means the fully developed
56	visual-gesture language having distinct grammar, syntax, and
57	symbols that is the primary language used by the deaf community
58	in the United States.
59	(3)  "American Sign Language Proficiency Interview" or
60	"Sign Communication Proficiency Interview" means the assessment
61	of fluency in American Sign Language.
62	(4)  "Board" means the Board of Interpreters for the Deaf
63	and Hard of Hearing.
64	(5)  "Cued speech" means a phonetically based system that
65	enables spoken language to appear visually through the use of
66	hand shapes and specific locations in combination with natural
67	mouth movements to represent sounds of spoken language.
68	(6)  "Deaf" means a nonfunctional sense of hearing for the
69	purpose of communication and whose primary means of
70	communication is visual. Unless otherwise specified, the term
71	also means hard of hearing or deaf-blind persons.
72	(7)  "Deaf-blind" means senses of hearing and sight are
73	limited for the purpose of communication. A deaf-blind person's
74	primary means of communication is visual or tactile.
75	(8)  "Deaf interpreter" means a person who is deaf or hard
76	of hearing who engages in the practice of interpreting in a
77	setting that requires two or more interpreters in order to
78	facilitate communication between persons who are deaf or hard of
79	hearing and those who are hearing.
80	(9)  "Department" means the Department of Business and
81	Professional Regulation.
82	(10)  "Educational interpreter" means an interpreter who
83	engages in the practice of interpreting in a prekindergarten
84	through grade 12 setting.
85	(11)  "Educational Interpreter Evaluation (EIE)" means the
86	test administered by the Florida Registry of Interpreters for
87	the Deaf, Inc., to assess the skills of educational interpreters
88	in the state and consists of three levels: Level 1, which is the
89	lowest skill level; Level 2, which is the intermediate skill
90	level; and Level 3, which is the highest skill level.
91	(12)  "Educational Interpreter Performance Assessment
92	(EIPA)" means the assessment developed by staff members of Boys
93	Town National Research Hospital with partial support from the
94	National Institute of Health-National Institute on Deafness and
95	other Communication Disorders grant, D-60 DC00982.
96	(13)  "Florida Registry of Interpreters for the Deaf,
97	Inc.," means the state affiliate chapter of the national
98	Registry of Interpreters for the Deaf, Inc.
99	(14)  "Hard of hearing" means a hearing loss that results
100	in the possible dependence on visual methods to communicate.
101	(15)  "Interpreter" means a person who is able to interpret
102	effectively, accurately, impartially, receptively, and
103	expressively using any necessary specialized vocabulary.
104	(16)  "Interpreter service consumer" means the person for
105	whom an interpreter facilitates communication.
106	(17)  "Interpreting" means the process of providing
107	accessible and effective communication between persons who are
108	deaf or hard of hearing and those who are hearing and includes,
109	but is not limited to, communication between American Sign
110	Language and English or other modalities that involve visual,
111	gestural, and tactile methods of communication.
112	(18)  "Mentorship" means professional guidance by a
113	qualified practitioner, as provided by board rule, on a formal
114	or an informal basis.
115	(19)  "Multilingual interpreting" means interpreting in a
116	setting that requires not only skill in English and American
117	Sign Language, but also another language, whether oral or
118	signed, and cultural sensitivity and knowledge about the parties
119	involved.
120	(20)  "National Association of the Deaf" means the entity
121	that certified sign language interpreters at the national level,
122	although the association no longer administers its certification
123	examination, and whose certifications consist of Level III,
124	Generalist; Level IV, Advanced; and Level V, Master; and are
125	recognized in the Registry of Interpreters for the Deaf, Inc.
126	(21)  "National Council on Interpreting" means the joint
127	council of the Registry of Interpreters for the Deaf, Inc., and
128	the National Association of the Deaf that issues a National
129	Interpreter Certification for sign language interpreters at the
130	national level, consisting of the National Interpreter
131	Certification, the National Interpreter Certification Advanced,
132	and the National Interpreter Certification Master.
133	(22)  "Oral interpreting" means facilitating a mode of
134	communication using speech, speechreading, and residual hearing
135	and situational and culturally appropriate gestures without the
136	use of sign language.
137	(23)  "Quality Assurance Screening" means the examination
138	administered by the Florida Registry of Interpreters for the
139	Deaf, Inc., to monitor the progress of uncertified apprentice
140	interpreters in the state, which examination consists of three
141	levels: Level I, Beginner Apprentice; Level II, Intermediate
142	Apprentice; and Level III, Advanced Apprentice.
143	(24)  "Registry of Interpreters for the Deaf, Inc.," means
144	the entity that certifies sign language and oral interpreters at
145	the national level and that grants a specialist certificate in
146	the area of legal interpreting.
147	(25)  "Sign language" means a continuum of visual-gestural
148	language and communication systems based on hand signs and is
149	not limited to American Sign Language.
150	(26)  "Student" or "intern" means a person enrolled in a
151	course of study or mentorship or an apprenticeship program that
152	leads to a certificate or degree at an accredited institution or
153	a license in interpreting.
154	(27)  "Testing, Evaluation, and Certification Unit" means
155	the national organization that assesses and certifies cued
156	speech transliterators.
157	(28)  "Transliterating" means the process of providing
158	accessible communication between persons who are deaf or hard of
159	hearing and persons who hear, primarily using a signed mode of
160	English and spoken English.
161	(29)  "Transliterator" means a person who engages in the
162	practice of transliterating.
163	468.901  Board of Interpreters for the Deaf and Hard of
164	Hearing; membership, appointment, and terms.--
165	(1)  The Board of Interpreters for the Deaf and Hard of
166	Hearing shall be created by the Florida Registry of Interpreters
167	for the Deaf, Inc., and recognized by the Department of Business
168	and Professional Regulation for the purposes of this part. The
169	board shall consist of 10 members who shall be initially
170	appointed as follows:
171	(a)  Four members who meet the qualifications to be
172	licensed interpreters, one of whom must be a practicing
173	educational interpreter, appointed by the Florida Registry of
174	Interpreters for the Deaf, Inc.
175	(b)  One member who is an interpreter for the deaf or hard
176	of hearing who is qualified to hold a permit, provisional
177	license, or license, appointed by the Florida Registry of
178	Interpreters for the Deaf, Inc.
179	(c)  Two members who are deaf or hard of hearing, one of
180	whom uses American Sign Language as a primary mode of
181	communication, appointed by the Florida Association of the Deaf,
182	Inc.
183	(d)  Two members who are private citizens who are hearing
184	and do not hold a license or permit to interpret for the deaf or
185	hard of hearing, appointed by the Florida Coordinating Council
186	on Deaf and Hard of Hearing.
187	(e)  One member who is deaf or hard of hearing, appointed
188	by the Florida Coordinating Council on the Deaf and Hard of
189	Hearing.
190	(2)  Members appointed after the initial appointments must
191	be licensed or hold a permit for which the initial appointees
192	were eligible pursuant to paragraphs (1)(a) and (b).
193	(3)  The applicable provisions of s. 20.165 apply to the
194	board, board membership, and licensure requirements.
195	(4)  The provisions of chapter 455 relating to regulatory
196	boards under the Department of Business and Professional
197	Regulation apply to the board.
198	468.902  Board headquarters.--The board shall maintain its
199	official headquarters in Tallahassee.
200	468.903  Authority to practice.--Any person who receives
201	remuneration as an interpreter, represents himself or herself as
202	an interpreter, or conveys the impression of or assumes the
203	identity of an interpreter must be licensed or hold a permit in
204	accordance with this part.
205	468.904  Application and renewal, reinstatement, extension,
206	suspension, and revocation process.--
207	(1)  The board shall recommend and the department shall
208	adopt by rule procedures to administer the requirements for
209	license and permit application, license renewal, license
210	reinstatement, permit extension, license and permit suspension
211	and revocation, and continuing education.
212	(2)  An application for a license or permit shall be
213	submitted to the board and must include, but is not limited to:
214	(a)  Proof of issuance of a valid recognized credential.
215	(b)  A recent passport or other official photograph of the
216	applicant.
217	(c)  A nonrefundable application fee.
218	(3)  Each license or permit must be renewed biennially no
219	later than March 1.
220	(4)  An application for license renewal or permit extension
221	shall be submitted biennially to the department and must
222	include, but is not limited to:
223	(a)  Proof of issuance of a valid recognized credential.
224	(b)  Proof of completion of required continuing education,
225	if applicable.
226	(c)  A renewal or extension fee, including any late fee.
227	(5)  The board shall approve the issuance of a license or
228	permit, a renewal of the license, or an extension of a permit
229	upon a determination that the credentials and documents are
230	complete.
231	(6)  An application for reinstatement of a suspended or
232	revoked license or permit must include, but is not limited to:
233	(a)  Proof of license credentials.
234	(b)  A nonrefundable application fee.
235	(c)  A written request including the appropriateness of
236	reinstatement.
237	(d)  Proof of completion of continuing education, as
238	applicable.
239	(7)  Upon a majority vote of the board to recommend the
240	denial of a license or permit application, license renewal,
241	license reinstatement, or permit extension, the board shall
242	notify the applicant of the reasons for the denial in writing no
243	later than 30 calendar days after the board's action.
244	(8)  A person who is issued a license or permit under this
245	part and who is acting as an interpreter shall display the
246	license or permit to a client or an interpreter service consumer
247	upon request.
248	(9)  A person who is issued a license or permit under this
249	part shall notify the board of any address change no later than
250	30 days after the change.
251	468.905  Fees.--Fees are as follows:
252	(1)  Application fee, not to exceed $35.
253	(2)  Initial license or permit fee, not to exceed $150.
254	(3)  Biennial license renewal fee, not to exceed $150.
255	(4)  Permit extension fee, not to exceed $50.
256	(5)  License reinstatement application fee, not to exceed
257	$70.
258	468.906  License and permit; qualifications.--
259	(1)  RESTRICTIONS.--A license or permit may not be issued
260	to:
261	(a)  Any person convicted of a felony.
262	(b)  Any person who has not received a high school diploma
263	or its equivalent.
264	(c)  Any person who is not 18 years of age or older.
265	(2)  INTERPRETER OR TRANSLITERATOR LICENSE.--An applicant
266	must hold one or more of the following valid certifications to
267	be eligible for licensure as an interpreter or transliterator:
268	(a)  A Registry of Interpreters for the Deaf, Inc.,
269	certification, except that oral certification shall be
270	recognized to provide oral transliteration services only.
271	(b)  A National Association of the Deaf Certification,
272	Level IV or Level V.
273	(c)  A National Interpreting Council certification issued
274	by the National Council on Interpreting.
275	(d)  A Florida Registry of Interpreters for the Deaf
276	Educational Interpreter Evaluation Level III, except that the
277	EIE III shall be recognized for the pre-K through grade 12
278	educational setting only.
279	(e)  An Educational Interpreter Performance Assessment
280	Level 4.3-5.0, except that the EIPA 4.3-5.0 shall be recognized
281	for the pre-K through grade 12 educational setting only.
282	(f)  A Testing, Evaluation, and Certification Unit
283	Transliteration Skills certification, which shall be recognized
284	for a transliteration license to provide only cued-speech
285	transliteration services.
286	(g)  American Consortium of Certified Interpreters, Level
287	IV or V.
288	(3)  PROVISIONAL LICENSE.--
289	(a)  An applicant must have successfully completed one or
290	more of the following assessments to be eligible for provisional
291	licensure:
292	1.  Florida Registry of Interpreters for the Deaf, Inc.,
293	Quality Assurance Screening, Level II or Level III.
294	2.  Florida Registry of Interpreters for the Deaf, Inc.,
295	Educational Interpreter Evaluation, Level II or Level III.
296	3.  National Association of the Deaf, Level III.
297	4.  Educational Interpreter Performance Assessment, Level
298	IV or Level V.
299	5.  Testing, Evaluation, and Certification Unit Cued
300	American English Competency Screening, Level 3.3-4.0, except
301	that the screening shall be recognized for a provisional license
302	to provide only cued-speech transliteration services.
303	6.  An American Consortium of Certified Interpreters
304	certification, Level III.
305	(b)  An applicant for a deaf interpreter's provisional
306	license must have received a passing score on the Certified Deaf
307	Interpreter written examination and received a superior or
308	advanced plus rating on the Sign Communication Proficiency
309	Interview or the American Sign Language Proficiency Interview
310	assessment.
311	(c)  The provisional license is valid for up to 5 years
312	after the date of issuance, except that the department may issue
313	a 1-year extension upon recommendation of the board. The
314	department may not issue more than one extension of a
315	provisional license.
316	(4)  TEMPORARY LICENSE.--An interpreter temporarily
317	residing in the state who meets the criteria for licensure under
318	this part may hold a temporary license for up to 6 months after
319	the date of issuance. An interpreter may be issued only one
320	temporary license in a calendar year.
321	(5)  SPECIAL LIMITED LICENSE.--
322	(a)  The department may, upon presentation of satisfactory
323	proof of competency and pursuant to adopted rules, issue a
324	special limited license to an individual who demonstrates
325	competency in a specialized area for which no formal, generally
326	recognized evaluation exists. Specialized areas associated with
327	the practice of interpreting include, but are not limited to,
328	interpreting for the deaf-blind, multilingual interpreting, and
329	certain nonsign modalities.
330	(b)  Special limited licenses shall be granted until
331	formal, generally recognized evaluative methods for these
332	modalities are instituted.
333	(c)  Licenses issued under this subsection are subject to
334	the provisions of this part and adopted rules, except that an
335	applicant is not required to demonstrate any knowledge or
336	expertise in a communication modality other than the one the
337	applicant claims as the area of his or her specialty.
338	(d)  The board shall recommend and the department shall
339	establish by rule separate educational requirements for specific
340	modalities to determine the competency claimed by the applicant
341	for a special limited license.
342	(e)  The board shall recommend and the department shall
343	adopt rules regarding the development and implementation of
344	criteria and licensure standards for interpreters specializing
345	in deaf-blind communication.
346	(f)  Special limited licenses shall be recognized only for
347	the area of special competency as specified on the license.
348	(6)  PERMIT.--
349	(a)  An applicant for a permit must have successfully
350	passed one of the following assessments to be eligible to hold a
351	permit under this subsection:
352	1.  Florida Registry of Interpreters for the Deaf, Inc.,
353	Quality Assurance Screening, Level I.
354	2.  Florida Registry of Interpreters for the Deaf, Inc.,
355	Educational Interpreter Evaluation, Level I.
356	3.  Educational Interpreter Performance Assessment, Level
357	3.5-3.9.
358	(b)  An applicant for a deaf interpreter's permit must have
359	successfully completed 20 documented hours of interpreter
360	training, of which 16 hours must be certified deaf interpreter
361	specific, and must have attained a superior or advanced plus
362	rating on the Sign Communication Proficiency Interview or the
363	American Sign Language Proficiency Interview assessment.
364	(c)  A deaf interpreter must submit an audiogram or
365	audiological report providing proof of hearing loss.
366	(d)  A permit is valid for 2 years following the date of
367	issuance, except that the department may approve a 1-year
368	extension of the permit upon recommendation of the board. The
369	department may not issue more than one extension.
370	(7)  REGISTERED PERMIT.--A registered permit shall be
371	issued not later than July 1, 2009. Any interpreter who provides
372	interpreter services before that date, who does not meet the
373	credentialing requirements of this part but who otherwise
374	qualifies under s. 468.906(1), and who has registered with the
375	department not later than 60 calendar days after July 1, 2008,
376	shall be issued a registered permit valid until July 1, 2010.
377	Any interpreter who first provides interpreter services after
378	July 1, 2008, must comply with the licensing or permitting
379	requirements of this part.
380	(8)  TEMPORARY PERMIT.--
381	(a)  A person from another state, whether or not he or she
382	holds a valid interpreter's credential from that state, may hold
383	a temporary permit for up to 6 months after the date of
384	issuance.
385	(b)  A person who holds a temporary permit must submit
386	proof of having applied to the department, within 90 days after
387	the date of issuance of the temporary permit, for any one of the
388	following:
389	1.  Licensure.
390	2.  Temporary licensure.
391	3.  Provisional licensure.
392	4.  Permit.
393	5.  Special limited licensure.
394	(c)  A person may hold only one temporary permit.
395	468.907  Suspended or revoked license or permit.--
396	(1)  A license or permit suspended or revoked by the
397	department upon the recommendation of the board is subject to
398	immediate expiration and surrender to the department.
399	(2)  The department may immediately seize a suspended or
400	revoked license or permit.
401	(3)  A licensee or permitholder shall pay the reinstatement
402	fee if the suspended or revoked license is reinstated by the
403	department upon the recommendation of the board.
404	(4)  A renewed license or permit does not entitle the
405	licensee or permitholder to engage in the practice of
406	interpreting until the suspension or revocation period has ended
407	or is otherwise removed and the right to practice is restored.
408	468.908  Inactive status.--Any interpreter who notifies the
409	department on forms prescribed by rule may place his or her
410	license on inactive status and is exempt from payment of renewal
411	fees until he or she applies for reinstatement and the
412	reinstatement is approved by the department upon recommendation
413	of the board and a license is issued.
414	(1)  Any interpreter who requests reinstatement from
415	inactive status shall pay the reinstatement fee and shall meet
416	the requirements for reinstatement as determined by rule.
417	(2)  An interpreter whose license is inactive may not
418	practice in the state.
419	(3)  An interpreter who practices interpreting while his or
420	her license is on inactive status is practicing without a
421	license and is subject to disciplinary action.
422	(4)  An interpreter may request inactive status for up to 2
423	years, after which he or she may petition the board for an
424	extension of an inactive status as determined by rule.
425	468.909  Continuing education.--
426	(1)  A licensed interpreter must biennially submit proof of
427	current certification and indicate his or her compliance or
428	noncompliance with the requirements of the Registry of
429	Interpreters for the Deaf, Inc., Certification Maintenance
430	Program.
431	(2)  A licensed Testing, Evaluation, and Certification Unit
432	cued-speech transliterator must submit proof of successful
433	completion of 4.0 units of cued-speech continuing education
434	during the preceding 24 months ending on March 15 of the renewal
435	period.
436	(3)  A provisional licensed interpreter must biennially
437	submit proof of completion of 4.0 units of continuing education
438	during the preceding 24 months ending March 15 of each year,
439	which must also indicate compliance with the Registry of
440	Interpreters for the Deaf, Inc., in the Associate Continuing
441	Education Training program.
442	(4)  Registered permitholders must annually submit proof of
443	successful completion of 2.0 units of continuing education
444	during the preceding 12 months ending March 15 of the year in
445	which application is made.
446	(5)  Each licensee and permitholder shall maintain records
447	of successful completion of the continuing education required by
448	this subsection and shall transmit a copy of the record to the
449	department.
450	468.910  Complaint process; grievances.--
451	(1)  Complaints regarding dishonorable, unethical, or
452	unprofessional conduct of an interpreter or transliterator shall
453	be submitted to the board in writing or by videotape along with
454	a completed complaint form not later than 1 calendar year after
455	the occurrence of the alleged violation.
456	(2)  Complaints shall be compiled by the board and must
457	include, but are not limited to:
458	(a)  The name of the licensee.
459	(b)  The name of the complainant.
460	(c)  The date of the alleged violation.
461	(d)  The date of the complaint.
462	(e)  A brief statement detailing the nature of the
463	complaint.
464	(f)  The final disposition of the complaint.
465	(3)  The department shall acknowledge each complaint in
466	writing within 10 business days after receipt of the complaint.
467	(4)  Disciplinary proceedings shall be conducted pursuant
468	to s. 456.073.
469	(5)  The board may recommend to the department the
470	revocation or suspension of a license or permit, or such
471	disciplinary action as the board deems appropriate, for conduct
472	that may result in or from, but not limited to:
473	(a)  Obtaining or attempting to obtain a license under this
474	part through bribery, misrepresentation, concealment of material
475	fact, or fraudulent misrepresentation.
476	(b)  Having been found guilty of fraud, misrepresentation,
477	concealment, or material misstatement of fact or deceit in
478	connection with providing interpreter or transliterator
479	services.
480	(c)  Having violated any standard of professional or
481	ethical conduct adopted by rule.
482	(d)  Having been found guilty of unprofessional conduct,
483	including, but not limited to:
484	1.  Making a false or fraudulent statement in any document
485	connected with the practice of interpreting or transliterating.
486	2.  Willfully violating a privileged communication.
487	3.  Willfully violating confidentiality.
488	4.  Knowingly performing an act that aids or assists an
489	unlicensed person in practicing interpreting or transliterating
490	in violation of this part.
491	5.  Practicing interpreting or transliterating under a
492	false or assumed name.
493	6.  Advertising for the practice of interpreting or
494	transliterating in a deceptive or unethical manner.
495	7.  Performing as an interpreter or transliterator while
496	intoxicated or under the influence of illegal drugs.
497	8.  Committing repeated violations of this part or rules
498	adopted under this part.
499	9.  Committing repeated acts of gross misconduct in the
500	practice of interpreting or transliterating.
501	10.  Demonstrating a pattern of practice or other behavior
502	that demonstrates incapacity or incompetence to practice under
503	this part.
504	(e)  Having violated any lawful order or any provision of
505	the part or rules adopted under this part.
506	(f)  Aiding or assisting another person in violating this
507	part or any rule adopted under this part.
508	468.911  Exemptions.--The following interpreters or
509	transliterators are exempt from this part:
510	(1)  An interpreter or transliterator who provides
511	interpreting services solely at a worship service or religious
512	ceremony conducted by a religious organization or for
513	educational purposes for a religious entity or religious-
514	affiliated school that does not receive public moneys, except
515	that this exemption does not apply to settings that require
516	compliance with the Americans with Disabilities Act.
517	(2)  An interpreter or transliterator who provides
518	interpreting services during an emergency. For purposes of this
519	subsection, the term "emergency" means a situation in which,
520	after documented attempts to obtain the services of a licensed
521	interpreter, an individual who is deaf or hard of hearing
522	determines that the delay in obtaining a licensed interpreter
523	might lead to injury or loss to the individual requiring
524	services, if:
525	(a)  The services of a licensed interpreter must continue
526	to be sought during the emergency in which the unlicensed
527	interpreter is providing interpreting services.
528	(b)  An interpreter is acting under the Good Samaritan Act,
529	as determined by rule.
530	(3)  An interpreter who is not a resident of this state and
531	who:
532	(a)  Is registered in this state for a period up to 30
533	nonconsecutive calendar days to engage in interpreting,
534	including, but not limited to, conference interpreting, video-
535	relay interpreting, or interpreting while on a cruise vessel
536	originating out of this state, and who may or may not hold a
537	valid credential from another state, except that:
538	1.  The nonresident interpreter must provide proof of
539	having submitted an application for a license or permit before
540	the expiration of his or her registration.
541	2.  Interpreting services provided during a declared
542	national or state emergency are not included in the 30-day
543	registration restriction.
544	(b)  Practices under the authority of the board and this
545	part.
546	(4)  Any person who provides interpreting services pro bono
547	or for remuneration in circumstances in which the services of a
548	qualified interpreter are not required under the federal
549	Americans with Disabilities Act of 1990, section 504 of the
550	Rehabilitation Act of 1973, the Individuals with Disabilities
551	Education Improvement Act of 2004, the No Child Left Behind Act
552	of 2001, or the regulations adopted thereunder or other
553	applicable state or federal legislation.
554	(5)  A student, intern interpreter, or person who
555	interprets in the presence of a supervising mentor who:
556	(a)  Is enrolled in a course of study or mentorship program
557	leading to a certificate, degree, or licensure in interpreting,
558	if the student, intern, or person engages only in activities and
559	services that constitute a part of a supervised plan of study
560	that clearly designates him or her as a student, intern, or
561	person; and
562	(b)  Interprets in the presence of a qualified supervising
563	mentor. The qualified supervising mentor must be:
564	1.  A fully licensed interpreter or transliterator who has
565	a minimum of 5 years of interpreting experience or an instructor
566	in an interpreter training program who has three letters of
567	recommendation from individuals who are approved as mentors; or
568	2.  A deaf mentor meeting the requirements for a
569	provisional license.
570	(6)  An unlicensed interpreter who provides interpreting
571	services to facilitate emergency services and care by hospitals
572	under s. 395.1041 when a health care practitioner determines
573	that a delay in obtaining a licensed interpreter may result in
574	harm to a patient.
575	468.912  Illegal acts; penalties.--Except as provided in s.
576	468.911(4), any person who attempts to practice interpreting or
577	transliterating for remuneration or on a voluntary basis for an
578	interpreter service consumer without having obtained a valid
579	license or permit, who knowingly files false information with
580	the board for the purpose of obtaining a license or permit, or
581	who otherwise violates this part commits a misdemeanor of the
582	first degree, punishable as provided in s. 775.082 or s.
583	775.083. Violations include, but are not limited to:
584	(1)  Obtaining or attempting to obtain a license or permit
585	by means of fraud, bribery, misrepresentation, or concealment of
586	material facts.
587	(2)  Knowingly performing an act that aids or assists an
588	unlicensed person or a person who does not hold a valid permit
589	to practice interpreting or transliterating.
590	(3)  Interpreting or transliterating under a false or
591	assumed name.
592	(4)  Using the name or title of "licensed interpreter" or
593	any other name or title which implies that he or she is licensed
594	or holds a permit under this part.
595	(5)  Knowingly concealing information relating to the
596	enforcement of this part or rules adopted under this part.
597	(6)  Using or attempting to use a license or permit that is
598	suspended or revoked.
599	(7)  Except as provided in s. 468.911(4), employing any
600	individual who is not licensed or permitted under this part for
601	the purpose of providing interpreter services to an interpreter
602	services consumer.
603	(8)  Knowingly allowing a student, intern interpreter, or
604	person who interprets in the presence of a supervising mentor to
605	provide interpreting services without direct supervision.
606	(9)  Presenting the license or permit of another person as
607	his or her own license.
608	(10)  Allowing the use of his or her license or permit by
609	another person.
610	(11)  Advertising professional services in a false or
611	misleading manner.
612	468.913  Privileged communications.--
613	(1)  An interpreter who interprets or transliterates a
614	conversation between a person who can hear and a deaf person is
615	deemed a conduit for the conversation and may not disclose or be
616	compelled to disclose by subpoena the contents of the
617	conversation that he or she interpreted without the written
618	consent of all persons for whom he or she provided the
619	interpreting service.
620	(2)  All communications that are recognized by law as
621	privileged remain privileged when an interpreter is used to
622	facilitate the communication.
623	(3)  The disclosure of the contents of a privileged
624	conversation may be voluntarily disclosed if:
625	(a)  An interpreter services consumer waives the privilege
626	by bringing public charges against the licensee.
627	(b)  A communication reveals the intended commission of a
628	crime and disclosure of the communication is judged necessary by
629	the licensed interpreter to protect any person from a clear,
630	imminent risk of serious mental or physical harm or injury or to
631	forestall a serious threat to the public safety.
632	(4)  Nothing prohibits a licensed interpreter from
633	voluntarily testifying in court hearings concerning matters of
634	child abuse or child neglect as provided under the federal
635	Abused and Neglected Child Reporting Act.
636	(5)  An educational interpreter may disclose pertinent
637	education-related information to persons directly responsible
638	for a child's educational program or to the members of the
639	Individual Education Plan Team.
640	(6)  With prior written agreement, staff interpreters
641	providing services in vocational rehabilitation, mental health,
642	or medical settings may disclose situation-related information
643	to other staff members.
644	468.914  Rulemaking authority.--
645	(1)  The board may adopt rules pursuant to ss. 120.536(1)
646	and 120.54 to implement this part.
647	(2)  In addition to the rulemaking requirements provided in
648	this part, the board shall recommend to the department, and the
649	department shall adopt, rules pertaining to, but not limited to:
650	(a)  A code of professional conduct for licensees.
651	(b)  Performance requirements, including education and
652	examination standards for interpreters.
653	(c)  Continuing education requirements.
654	(d)  Appropriate and acceptable testing tools to evaluate
655	interpreters.
656	(e)  Fee schedules authorized under s. 468.906.
657	(f)  Procedures for acceptance of funds from federal and
658	private sources to be used for the purposes of this part.
659	Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.