Pennsylvania Act 2006-92 — SIGN LANGUAGE INTERPRETER AND TRANSLITERATOR STATE REGISTRATION ACT - STATE REGISTRATION REQUIREMENTS

Act text

SIGN LANGUAGE INTERPRETER AND TRANSLITERATOR STATE REGISTRATION ACT -
                     STATE REGISTRATION REQUIREMENTS
                  Act of Jul. 7, 2006, P.L. 605, No. 92               Cl. 63
                             Session of 2006
                               No. 2006-92

     HB 2802

                                  AN ACT

     Amending the act of July 2, 2004 (P.L.492, No.57), entitled "An
        act providing for State registration of individuals providing
        sign language interpreting and transliterating services to
        individuals who are deaf or hard of hearing; and imposing
        duties on the Office for the Deaf and Hard of Hearing in the
        Department of Labor and Industry," further providing for
        definitions and for State registration requirements.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 2 and 4 of the act of July 2, 2004
     (P.L.492, No.57), known as the Sign Language Interpreter and
     Transliterator State Registration Act, are amended to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Applicant."  An individual who applies for State
     registration in accordance with section 5.
        "Department."  The Department of Labor and Industry of the
     Commonwealth.
        ["EIPA."  The Educational Interpreter Performance Assessment
     Examination administered by the Department of Education or its
     agent.]
        "Interpreting."  The process of conveying English in
     grammatically correct American Sign Language and the process of
     conveying American Sign Language in English.
        "Office."  The Office for the Deaf and Hard of Hearing within
     the Department of Labor and Industry.
        "Qualified sign language interpreter."  An individual
     registered under this act who engages in sign language
     interpretation.
        "Qualified transliterator."  An individual registered under
     this act who engages in transliteration.
        "Registrant."  An individual registered under this act as
     either a qualified sign language interpreter or a qualified
     transliterator.
        "Sign language interpreter."  An individual who provides
     individuals who are deaf and hard of hearing with interpreting
     or transliterating services.
        "Transliterating."  The process of conveying a spoken message
     from a person who hears to a person who is deaf or hard of
     hearing and the ability to repeat the message and intent of the
     speech, mouth movements or English-based signed system of the
     person who is deaf or hard of hearing.
      Section 4.  State registration required.
        (a)  General rule.--Except as provided in subsection (b), no
     individual may provide or offer to provide sign language
     interpreting or transliterating services, or hold himself as a
     qualified sign language interpreter or qualified transliterator
     or, use a similar title or designation, without being State-
     registered by the office in accordance with this act.
        (b)  Exceptions.--The following individuals are exempt from
     the State registration requirements of subsection (a):
            (1)  An individual engaged in interpreting or
        transliterating at a worship service conducted by a religious
        entity and services for educational purposes for a religious
        entity or religiously affiliated school.
            (2)  An individual engaged in sign language interpreting
        or transliterating during an emergency, when a delay in
        obtaining a State-registered interpreter or State-registered
        transliterator might lead to injury or loss to the individual
        requiring the services.
            (3)  An individual engaged in interpreting or
        transliterating as part of a supervised internship or
        practicum at an accredited college or university or the
        registry of interpreters for the deaf or the National
        Association of the Deaf, provided it is not in a legal,
        medical or mental health setting.
            (4)  An individual who is certified by the National
        Association of the Deaf or the Registry of Interpreters for
        the Deaf from outside the Commonwealth who provides
        interpreting or transliterating services in the Commonwealth
        for a period not exceeding 14 days each calendar year.
            (5)  An individual engaged in interpreting or
        transliterating at the request of an individual who is deaf
        or hard of hearing if the individual informs the client that
        the individual is not registered under this act.
            (6)  An individual who engages in interpreting or
        transliterating strictly as a volunteer.
            [(7)  An individual who engages in interpreting or
        transliterating for a school-related activity in accordance
        with all of the following:
                (i)  The individual is employed in a public or
            private elementary or secondary school or institution
            chartered by the Commonwealth.
                (ii)  The individual received a rating equal to or
            exceeding 70% on the EIPA. A school district shall
            determine the EIPA by grade level of the child or class
            to which the interpreter is assigned and the sign system
            being used by the class or school.]
            (7)  An individual employed in a public or private
        elementary or secondary school or institution chartered by
        the Commonwealth who engages in interpreting or
        transliterating for the instruction of students or other
        school-related activity. Individuals exempt pursuant to this
        subsection shall comply with regulations promulgated by the
        State Board of Education establishing criteria for persons
        providing sign language interpreting and transliterating
        services to students.
            (8)  An individual engaged in interpreting or
        transliterating in a physician's office, provided that a
        patient is informed that the individual is not registered
        under this act and that the patient has the right to request
        or provide a State-registered interpreter.
        (c)  Unlawful practice.--An individual who violates this
     section commits a summary offense and shall, upon conviction, be
     sentenced to pay a fine not to exceed $300 or to imprisonment
     for not more than 90 days, or both, for a first violation. An
     individual who is convicted of a subsequent violation of this
     section commits a misdemeanor of the third degree and shall be
     sentenced to pay a fine of not less than $300 nor more than
     $1,000 or to serve a term of imprisonment for not more than 90
     days, or both.
        Section 2.  If this act takes effect after July 1, 2006, the
     amendment of section 4 of the act shall apply retroactively to
     July 1, 2006.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 7th day of July, A. D. 2006.

     EDWARD G. RENDELL