S T A T E O F N E W Y O R K
________________________________________________________________________
5712
2013-2014 Regular Sessions
I N S E N A T E
June 6, 2013
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to the licensing of sign
language interpreters and creating a state board for sign language
interpreting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 167 to
read as follows:
ARTICLE 167
SIGN LANGUAGE INTERPRETERS
SECTION 8800. INTRODUCTION.
8801. DEFINITIONS.
8802. PRACTICE OF SIGN LANGUAGE INTERPRETING.
8803. STATE BOARD FOR SIGN LANGUAGE INTERPRETING.
8804. LICENSING REQUIREMENTS.
8805. EXEMPT PERSONS.
S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF SIGN
LANGUAGE INTERPRETER. THE GENERAL PROVISIONS FOR ALL PROFESSIONS
CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS
ARTICLE.
S 8801. DEFINITIONS. AS USED IN THIS ARTICLE:
(1) "CLIENT" MEANS A DEAF OR HARD OF HEARING PERSON FOR WHOM AN INTER-
PRETER PROVIDES SIGN LANGUAGE INTERPRETATION SERVICES.
(2) "BOARD" MEANS THE BOARD FOR SIGN LANGUAGE INTERPRETING.
S 8802. PRACTICE OF SIGN LANGUAGE INTERPRETING. (1) ONLY A PERSON
LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE SIGN
LANGUAGE INTERPRETING OR USE THE TITLE OF SIGN LANGUAGE INTERPRETER.
(2) NO PERSON MAY, FOR COMPENSATION, PROVIDE SIGN LANGUAGE INTERPRETA-
TION SERVICES FOR A CLIENT UNLESS THE PERSON IS LICENSED BY THE DEPART-
MENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11398-01-3
S. 5712 2
S 8803. STATE BOARD FOR SIGN LANGUAGE INTERPRETING. (1) A STATE BOARD
FOR SIGN LANGUAGE INTERPRETING SHALL BE APPOINTED BY THE BOARD OF
REGENTS ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSIST-
ING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL
LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST OF NOT LESS THAN
SEVEN MEMBERS WHO SHALL SERVE THREE YEAR TERMS, ONE OF WHOM SHALL BE THE
EXECUTIVE DIRECTOR OF THE OFFICE OF PROFESSIONS OR A DESIGNEE OF THE
COMMISSIONER AND THE FOLLOWING SEVEN MEMBERS WHO SHALL BE NOMINATED BY
THE GOVERNOR AND APPOINTED WITH THE ADVICE AND CONSENT OF THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY:
(A) THREE DEAF OR HARD OF HEARING INDIVIDUALS WHO ARE CURRENTLY OR
HAVE PREVIOUSLY BEEN CLIENTS OF A SIGN LANGUAGE INTERPRETER, AT LEAST
ONE OF WHOM IS A GRADUATE OF A RESIDENTIAL SCHOOL FOR THE DEAF AND AT
LEAST ONE OF WHOM IS A GRADUATE OF A PRIVATE OR PUBLIC SCHOOL THAT IS
NOT A RESIDENTIAL SCHOOL FOR THE DEAF;
(B) TWO SIGN LANGUAGE INTERPRETERS WHO HAVE BEEN LICENSED UNDER
SECTION EIGHTY-EIGHT HUNDRED FOUR OF THIS ARTICLE, AT LEAST ONE OF WHOM
HOLDS A PROFESSIONAL LICENSE; AND
(C) ONE INDIVIDUAL WHO IS A MEMBER OF THE EMPIRE STATE ASSOCIATION FOR
THE DEAF.
(2) THE BOARD SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING
THE PROMULGATION OF RULES ESTABLISHING A CODE OF ETHICS THAT GOVERNS THE
PROFESSIONAL CONDUCT OF SIGN LANGUAGE INTERPRETERS LICENSED UNDER THIS
ARTICLE AND SHALL PROMULGATE RULES ESTABLISHING A PROCESS AND CRITERIA
FOR GRANTING LICENSING EXEMPTIONS UNDER SECTION EIGHTY-EIGHT HUNDRED
FIVE OF THIS ARTICLE.
S 8804. LICENSING REQUIREMENTS. TO QUALIFY FOR A LICENSE AS A SIGN
LANGUAGE INTERPRETER, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
MENTS:
(1) PROFESSIONAL LICENSES. (A) THE DEPARTMENT SHALL GRANT A PROFES-
SIONAL LICENSE AS A SIGN LANGUAGE INTERPRETER TO AN APPLICANT WHO: (I)
SUBMITS AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT;
(II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE
HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE
HUNDRED FIFTY-FIVE DOLLARS FOR EACH FIVE YEAR REGISTRATION PERIOD;
(III) POSSESSES A VALID CERTIFICATION GRANTED BY THE REGISTRY OF
INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, OR ANY VALID CERTIF-
ICATION GRANTED BY ANY OTHER ORGANIZATION THAT THE DEPARTMENT DETERMINES
IS SUBSTANTIALLY EQUIVALENT TO A CERTIFICATION GRANTED BY THE REGISTRY
OF INTERPRETERS FOR THE DEAF, INC.
(B) THE DEPARTMENT SHALL GRANT A PROFESSIONAL LICENSE AS A SIGN
LANGUAGE INTERPRETER TO AN APPLICANT WHO: (I) SUBMITS AN APPLICATION ON
A FORM PROVIDED BY THE DEPARTMENT;
(II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE
HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE
HUNDRED FIFTY-FIVE DOLLARS FOR EACH FIVE YEAR REGISTRATION PERIOD;
(III) POSSESSES A VALID CERTIFICATION GRANTED BY THE REGISTRY OF
INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR; AND
S. 5712 3
(IV) PROVIDES SATISFACTORY EVIDENCE TO THE DEPARTMENT OF A DIAGNOSIS
BY A PHYSICIAN THAT THE APPLICANT IS DEAF OR HARD OF HEARING.
(C) THE DEPARTMENT SHALL GRANT A PROFESSIONAL LICENSE AS A SIGN
LANGUAGE INTERPRETER TO AN OUT-OF-STATE APPLICANT WHO: (I) SUBMITS AN
APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT;
(II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE
HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE
HUNDRED FIFTY-FIVE DOLLARS FOR EACH FIVE YEAR REGISTRATION PERIOD; AND
(III) WITHIN TWENTY-FOUR MONTHS AFTER ESTABLISHING RESIDENCY IN THE
STATE, PROVIDES EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE APPLI-
CANT POSSESSES A VALID CERTIFICATION GRANTED BY THE REGISTRY OF INTER-
PRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, OR ANY VALID CERTIFICATION
GRANTED BY ANY OTHER ORGANIZATION THAT THE DEPARTMENT DETERMINES IS
SUBSTANTIALLY EQUIVALENT TO A CERTIFICATION GRANTED BY THE REGISTRY OF
INTERPRETERS FOR THE DEAF, INC., OR THEIR SUCCESSORS, AND THAT THE
APPLICANT POSSESSED THE CERTIFICATION AT THE TIME THE APPLICANT ESTAB-
LISHED RESIDENCY IN THIS STATE.
(2) PROVISIONAL LICENSES. (A) THE DEPARTMENT SHALL GRANT A PROVISIONAL
LICENSE AS A SIGN LANGUAGE INTERPRETER TO AN APPLICANT WHO: (I) SUBMITS
AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT;
(II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE
HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE
HUNDRED FIFTY-FIVE DOLLARS FOR EACH TWO YEAR REGISTRATION PERIOD;
(III) SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE APPLI-
CANT HAS PASSED THE WRITTEN EXAMINATION ADMINISTERED BY THE REGISTRY OF
INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR; AND
(IV) IS AN ASSOCIATE OR STUDENT MEMBER OF THE REGISTRY OF INTERPRETERS
FOR THE DEAF, INC., OR ITS SUCCESSOR.
(B) THE DEPARTMENT SHALL GRANT A PROVISIONAL LICENSE AS A SIGN
LANGUAGE INTERPRETER TO AN APPLICANT WHO: (I) SUBMITS AN APPLICATION ON
A FORM PROVIDED BY THE DEPARTMENT;
(II) PAYS A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF SEVENTY DOLLARS FOR EACH REEXAMINATION, A FEE OF ONE
HUNDRED FIFTEEN DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF ONE
HUNDRED FIFTY-FIVE DOLLARS FOR EACH TWO YEAR REGISTRATION PERIOD;
(III) SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE APPLI-
CANT HAS COMPLETED EIGHT HOURS OF TRAINING SPONSORED BY THE REGISTRY OF
INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, ON THE ROLE AND FUNC-
TION OF DEAF INTERPRETERS;
(IV) SUBMITS EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE APPLI-
CANT HAS COMPLETED EIGHT HOURS OF TRAINING SPONSORED BY THE REGISTRY OF
INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR, ON PROFESSIONAL
ETHICS;
(V) HAS OBTAINED LETTERS OF RECOMMENDATION FROM AT LEAST THREE INDI-
VIDUALS WHO HAVE HELD NATIONAL CERTIFICATION FOR AT LEAST FIVE YEARS AND
WHO ARE MEMBERS IN GOOD STANDING OF THE REGISTRY OF INTERPRETERS FOR THE
DEAF, INC., OR ITS SUCCESSOR, IF THE LETTERS TOGETHER DOCUMENT THAT THE
APPLICANT HAS COMPLETED AT LEAST FORTY HOURS OF MENTORING, INCLUDING AT
S. 5712 4
LEAST TWENTY HOURS OBSERVING PROFESSIONAL WORK AND AT LEAST TEN HOURS
OBSERVING CERTIFIED DEAF INTERPRETERS;
(VI) HAS COMPLETED AT LEAST FORTY HOURS OF TRAINING CONSISTING OF
WORKSHOPS SPONSORED BY THE REGISTRY OF INTERPRETERS FOR THE DEAF, INC.,
OR ITS SUCCESSOR;
(VII) IS AN ASSOCIATE OR STUDENT MEMBER OF THE REGISTRY OF INTERPRET-
ERS FOR THE DEAF, INC., OR ITS SUCCESSOR; AND
(VIII) POSSESSES A HIGH SCHOOL DIPLOMA OR AN EQUIVALENCY DEGREE.
(C) A PROVISIONAL LICENSE GRANTED PURSUANT TO PARAGRAPH (A) OR (B) OF
THIS SUBDIVISION MAY BE RENEWED A MAXIMUM OF TWO TIMES. A LICENSEE
SHALL NOTIFY THE DEPARTMENT IN WRITING WITHIN THIRTY DAYS IF SUCH
LICENSEE'S CERTIFICATION OR MEMBERSHIP REQUIREMENTS ARE REVOKED OR
INVALIDATED, UPON WHICH THE DEPARTMENT SHALL REVOKE ANY PROVISIONAL
LICENSE ISSUED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
S 8805. EXEMPT PERSONS. (1) THE DEPARTMENT MAY GRANT A TEMPORARY
EXEMPTION TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF THIS STATE FOR A
PERIOD NOT TO EXCEED TWENTY DAYS IF THE INDIVIDUAL IS CERTIFIED BY THE
REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR ITS SUCCESSOR. THE
DEPARTMENT MAY NOT GRANT AN INDIVIDUAL MORE THAN TWO TEMPORARY
EXEMPTIONS PER YEAR PURSUANT TO THIS SUBDIVISION.
(2) THE DEPARTMENT MAY GRANT A TEMPORARY OR PERMANENT EXEMPTION TO AN
INDIVIDUAL WHO IS A RESIDENT OF THIS STATE FOR A PERIOD SPECIFIED BY THE
DEPARTMENT.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
