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General Assembly Raised Bill No. 5230
February Session, 2022
LCO No. 693
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT CONCERNING STANDARDS FOR INTERPRETERS FOR
DEAF, DEAFBLIND AND HARD OF HEARING PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-33a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2022): 2
(a) For the purposes of this section: 3
(1) "Department" means the Department of [Rehabilitation Services] 4
Aging and Disability Services; 5
(2) "Interpreting" means the translating or transliterating of English 6
concepts to a language concept used by a person who is deaf, [deaf-7
blind] deafblind or hard of hearing or the translating of a deaf, [deaf-8
blind] deafblind or hard of hearing person's language to English 9
concepts through the use of American Sign Language, English-based 10
sign language, cued speech, oral transliterating and information 11
received tactually; 12
(3) ["Deaf-blind"] "Deafblind" means combined vision and hearing 13 Raised Bill No. 5230
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impairments that challenge a person's ability to communicate, interact 14
with others, access information and move about safely; 15
(4) "Educational setting" means any setting where interpretive 16
services are provided concerning education-related matters, including, 17
but not limited to, all schools, school-based programs, services and 18
activities and other educational programs; 19
(5) "Legal setting" means any criminal or civil action involving a court 20
of competent jurisdiction, any investigation or action conducted by a 21
duly authorized law enforcement agency, employment -related 22
hearings, appointments and situations requiring the presence of an 23
attorney; 24
(6) "Medical setting" means gatherings or gathering places where 25
[health and wellness] physical health, mental health, or both issues are 26
addressed, including, but not limited to, hospitals, clinics, assisted 27
living and rehabilitation facilities, mental health treatment sessions, 28
psychological evaluations, substance abuse treatment sessions, crisis 29
intervention and appointments or other treatment requiring the 30
presence of a doctor, nurse, medical staff or other health care 31
professional; and 32
(7) "Transliterating" means converting or rendering English concepts 33
to a language concept used by a person who is deaf, [deaf-blind] 34
deafblind or hard of hearing or the translating of a deaf, [deaf-blind] 35
deafblind or hard of hearing person's language concept to English 36
concepts. 37
(b) Except as provided in subsections (g) and (h) of this section, all 38
persons providing interpreting services shall register, annually, with the 39
Department of Aging and Disability Services. Such registration shall be 40
on a form prescribed or furnished by the Commissioner of Aging and 41
Disability Services and shall include the registrant's name, residential or 42
business address, or both, contact information, including, but not 43
limited to, phone number, place of employment as interpreter and 44
interpreter certification or credentials. The department shall issue 45 Raised Bill No. 5230
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interpreter identification cards for those who register in accordance with 46
this section, [and] maintain a current listing on its Internet web site of 47
such registered interpreters, categorized by interpreter settings for 48
which they are qualified, and regularly update such list. The 49
department may also require documentation of the registrant's training 50
hours. The department shall annually issue interpreter identification 51
cards listing the type of settings in which the registrant is qualified to 52
interpret. The department shall establish an Internet web page 53
containing information about services for deaf, deafblind and hard of 54
hearing individuals, including, but not limited to, services provided by 55
the department and the Departments of Social Services, Mental Health 56
and Addiction Services and Children and Families. Each such 57
department shall place a link to the Internet web page established by the 58
Department of Aging and Disability Services on the website of each 59
department. 60
(c) [No] Except as provided in subsections (g) and (h) of this section, 61
no person shall provide interpreting services unless such person is 62
registered with the Department of Aging and Disability Services 63
according to the provisions of this section, holds recognized national or 64
state interpreter credentials determined by the department to be 65
acceptable for interpreting purposes where appropriate in Connecticut 66
and has met at least one of the following qualifications: 67
(1) (A) Has passed the National Registry of Interpreters for the Deaf 68
written generalist test or the National Association of the Deaf-National 69
Registry of Interpreters for the Deaf certification knowledge 70
examination, (B) holds a level three certification provided by the 71
National Association of the Deaf, and (C) (i) documents the achievement 72
of two continuing education units per year for a maximum of five years 73
of training approved by the Commissioner of Aging and Disability 74
Services, and (ii) on or before the fifth anniversary of having passed the 75
National Registry of Interpreters for the Deaf written generalist test or 76
the National Association of the Deaf-National Registry of Interpreters 77
for the Deaf certification knowledge examination, has passed the 78
National Registry of Interpreters for the Deaf performance examination 79 Raised Bill No. 5230
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or the National Association of the Deaf-National Registry of Interpreters 80
for the Deaf national interpreter certification examination; 81
(2) (A) Has passed the National Registry of Interpreters for the Deaf 82
written generalist test or the National Association of the Deaf-National 83
Registry of Interpreters for the Deaf certification knowledge 84
examination, (B) is a graduate of an accredited interpreter training 85
program and documents the achievement of two continuing education 86
units per year for a maximum of five years of training approved by the 87
commissioner, and (C) on or before the fifth anniversary of having 88
passed the National Registry of Interpreters for the Deaf written 89
generalist test or the National Association of the Deaf-National Registry 90
of Interpreters for the Deaf certification knowledge examination, has 91
passed the National Registry of Interpreters for the Deaf performance 92
examination or the National Association of the Deaf-National Registry 93
of Interpreters for the Deaf national interpreter certification 94
examination; 95
(3) Holds a level four or higher certification from the National 96
Association of the Deaf; 97
(4) Holds certification by the National Registry of Interpreters for the 98
Deaf; 99
(5) For situations requiring an oral interpreter only, holds oral 100
certification from the National Registry of Interpreters for the Deaf; 101
(6) For situations requiring a cued speech transliterator only, holds 102
certification from the National Training, Evaluation and Certification 103
Unit and has passed the National Registry of Interpreters for the Deaf 104
written generalist test; 105
(7) Holds a reverse skills certificate or is a certified deaf interpreter 106
under the National Registry of Interpreters for the Deaf; 107
(8) Holds a National Association of the Deaf-National Registry of 108
Interpreters for the Deaf national interpreting certificate; or 109 Raised Bill No. 5230
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(9) Holds the credential of Approved Deaf Interpreter, Approved 110
American Sign Language-English Interpreter, or Approved Sign 111
Language Transliterator by the Massachusetts Commission on the Deaf 112
and Hard of Hearing. 113
(d) No person shall provide interpreting services in a medical setting 114
unless such person is registered with the Department of Aging and 115
Disability Services according to the provisions of this section and holds 116
(1) a comprehensive skills certificate from the National Registry of 117
Interpreters for the Deaf, (2) a certificate of interpretation or a certificate 118
of transliteration from the National Registry of Interpreters for the Deaf, 119
(3) a level four or higher certification from the National Association of 120
the Deaf, (4) a reverse skills certificate or certification as a deaf 121
interpreter under the National Registry of Interpreters for the Deaf, (5) 122
for situations requiring an oral interpreter only, an oral certification 123
from the National Registry of Interpreters for the Deaf, (6) for situations 124
requiring a cued speech transliterator only, a certification from the 125
National Training, Evaluation and Certification Unit and has passed the 126
National Registry of Interpreters for the Deaf written generalist test, [or] 127
(7) a National Association of the Deaf-National Registry of Interpreters 128
for the Deaf national interpreting certificate, or (8) the credential of 129
Approved Deaf Interpreter by the Massachusetts Commission on the 130
Deaf and Hard of Hearing. 131
(e) No person shall provide interpreting services in a legal setting 132
unless such person is registered with the Department of Aging and 133
Disability Services according to the provisions of this section and holds 134
(1) a comprehensive skills certificate from the National Registry of 135
Interpreters for the Deaf, (2) a certificate of interpretation and a 136
certificate of transliteration from the National Registry of Interpreters 137
for the Deaf, (3) a level five certification from the National Association 138
of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter 139
under the National Registry of Interpreters for the Deaf, (5) for 140
situations requiring an oral interpreter only, an oral certification from 141
the National Registry of Interpreters for the Deaf, (6) for situations 142
requiring a cued speech transliterator only, certification from the 143 Raised Bill No. 5230
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National Training, Evaluation and Certification Unit and has passed the 144
National Registry of Interpreters for the Deaf written generalist test, [or] 145
(7) a National Association of the Deaf-National Registry of Interpreters 146
for the Deaf national interpreting certificate, or (8) the credential of 147
Approved Deaf Interpreter by the Massachusetts Commission on the 148
Deaf and Hard of Hearing. 149
(f) No person who is not registered as a qualified interpreter pursuant 150
to this section shall: 151
(1) Engage in the practice of or offer to engage in the practice of 152
interpreting for another person, an agency or an entity; 153
(2) Use the title "interpreter", "transliterator" or a similar title in 154
connection with services provided under his or her name; 155
(3) Present or identify himself or herself as an interpreter qualified to 156
engage in interpreting in this state; 157
(4) Use the title "interpreter", "transliterator" or a similar title in 158
advertisements or communications; or 159
(5) Perform the function of or convey the impression that he or she is 160
an interpreter or transliterator. 161
(g) The requirements of this section shall apply to persons who (1) 162
receive compensation for the provision of interpreting services, and (2) 163
provide interpreting services as part of their job duties. The 164
requirements of this section shall not apply to nonregistered individuals 165
such as family members and friends who voluntarily provide 166
interpreting services at the request of a deaf, [deaf-blind] deafblind or 167
hard of hearing person. 168
(h) The following individuals shall be exempt from the registration 169
requirements of this section: 170
(1) An individual interpreting at (A) a worship service conducted by 171
a religious entity, or (B) services for educational purposes conducted by 172 Raised Bill No. 5230
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a religious entity or religiously affiliated school; 173
(2) An individual engaged in interpreting during an emergency 174
situation, when obtaining a registered interpreter or registered 175
transliterator could cause a delay that may lead to injury or loss to the 176
individual requiring the services, provided such emergency assistance 177
does not waive any communication access requirements for any entity 178
pursuant to the federal Americans with Disabilities Act or Section 504 179
of the Rehabilitation Act of 1973, as both may be amended from time to 180
time; 181
(3) An individual engaged in interpreting as part of a supervised 182
internship or practicum in an interpreting program at an accredited 183
college or university or an interpreting mentorship program approved 184
by the department if (A) such interpreting is not in a legal, medical or 185
educational setting, or (B) the individual is accompanied by an 186
interpreter registered pursuant to this section; or 187
(4) An interpreter who is certified by a recognized national 188
professional certifying body such as the National Registry of 189
Interpreters for the Deaf or the National Association of the Deaf or a 190
recognized state professional certifying body from outside the state and 191
provides interpreting services in the state for a period of time not 192
exceeding fourteen days during a calendar year. 193
(i) Deaf, [deaf-blind] deafblind and hard of hearing persons may 194
exercise their right to request or use a different registered interpreter 195
than the interpreter provided to interpret for such persons in any 196
interpreting setting in accordance with a nationally recognized 197
interpreter code of professional conduct. 198
[(j) Any person may report a violation of the provisions of this section 199
to the nonprofit entity designated by the Governor in accordance with 200
section 46a-10b to serve as the state's protection and advocacy system 201
for persons with disabilities.] 202
(j) Any person who is not registered in accordance with this section 203 Raised Bill No. 5230
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who represents himself or herself as an interpreter registered with the 204
Department of Aging and Disability Services, or who engages in wilful 205
or fraudulent misrepresentation of his or her credentials in an attempt 206
to register with the department, shall be guilty of a class C 207
misdemeanor. Failure to renew such registration in a timely manner 208
shall not in and of itself constitute a violation for the purposes of this 209
subsection. For purposes of this subsection, "timely manner" means not 210
more than thirty days after such registration has expired. 211
Sec. 2. Section 46a-34 of the 2022 supplement to the general statutes 212
is repealed and the following is substituted in lieu thereof (Effective from 213
passage): 214
As used in this section and sections 4-61aa, 46a-27, 46a-28, 46a-29 and 215
46a-35: 216
(1) "Deaf person" means a person who has a hearing loss which is so 217
severe that the person has difficulty in processing linguistic information 218
through hearing, with or without amplification or other assistive 219
technology; 220
(2) "Deafblind person" means a person who has both a hearing loss 221
and a visua loss that present challenges in (A) processing linguistic 222
information through hearing and sight, and (B) functioning 223
independently as a sighted person without training; 224
(3) "Hard of hearing person" means a person who has a hearing loss, 225
whether permanent or fluctuating, which may be corrected by 226
amplification or other assistive technology or means but presents 227
challenges in processing linguistic information through hearing; 228
(4) "American Sign Language" or "ASL" means the visual language 229
used by deaf and hard of hearing persons in the United States and 230
Canada, with semantic, syntactic, morphological and phonological rules 231
distinct from the English language; 232
(5) "English-based manual or sign system" means a sign system that 233 Raised Bill No. 5230
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uses manual signs in English language word order, sometimes with 234
added affixes that are not present in ASL; 235
(6) "Oral, aural or speech-based system" means a communication 236
system which uses a deaf or hard of hearing person's speech or residual 237
hearing abilities, with or without the assistance of technology or cues; 238
(7) "Language, communication mode or style" means one or more of 239
the following: (A) ASL, (B) English-based manual or sign systems, (C) a 240
minimal sign language system to communicate with persons who use 241
home-based signs, idiosyncratic signs or a sign system or language from 242
another country, (D) oral, aural or speech-based systems with or 243
without assistive technology, and (E) tactile method ASL or protactile 244
ASL as used by [deaf-blind] deafblind persons; 245
(8) "Primary language, communication mode or style" means the 246
language, communication mode or style which is preferred by and most 247
effective for a particular person, or as determined by an appropriate 248
language assessment undertaken by persons proficient in the language, 249
communication mode or style being assessed; 250
(9) "Culturally and linguistically affirmative mental health services" 251
means the provision of a full continuum of mental health services to a 252
deaf, deafblind or hard of hearing person through an appropriately 253
licensed mental health professional fluent in the primary language, 254
communication mode or style and cultural needs of the person requiring 255
such services; and 256
(10) "Accessible mental health services" means the provision of a full 257
continuum of mental health services with the use of auxiliary aids and 258
services necessary for a deaf, deafblind or hard of hearing person to 259
communicate with appropriately qualified mental health professionals 260
who are not fluent in the primary language, communication mode or 261
style of the person requiring such services, including, but not limited to, 262
qualified interpreters utilizing the language or communication mode 263
used by such person, written communications or assistive listening 264
devices. 265 Raised Bill No. 5230
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 46a-33a
Sec. 2 from passage 46a-34
Statement of Purpose:
To strengthen standards for interpreters for deaf, deafblind and hard of
hearing persons.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]