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General Assembly Substitute Bill No. 5230
February Session, 2022
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 Section 46a-33a of the general statutes is repealed and the 1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) "Community setting" means any setting, other than those 4
specifically identified as educational, legal or medical, including, but 5
not limited to, any setting involving everyday life activities such as 6
information sharing, employment, social services, entertainment and 7
civic and community engagements; 8
[(1)] (2) "Department" means the Department of [Rehabilitation 9
Services] Aging and Disability Services; 10
[(2)] (3) "Interpreting" means the translating or transliterating of 11
English concepts to a language concept used by a person who is deaf, 12
[deaf-blind] deafblind or hard of hearing or the translating of a deaf, 13
[deaf-blind] deafblind or hard of hearing person's language to English 14
concepts through the use of American Sign Language, English-based 15
sign language, cued speech, oral transliterating and information 16 Substitute Bill No. 5230
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received tactually; 17
[(3)] (4) ["Deaf-blind"] "Deafblind" means combined vision and 18
hearing impairments that challenge a person's ability to communicate, 19
interact with others, access information and move about safely; 20
[(4)] (5) "Educational setting" means any setting where interpretive 21
services are provided concerning education-related matters, including, 22
but not limited to, all schools, school-based programs, services and 23
activities and other educational programs; 24
[(5)] (6) "Legal setting" means any criminal or civil action involving a 25
court of competent jurisdiction, any investigation or action conducted 26
by a duly authorized law enforcement agency, employment-related 27
hearings, appointments and situations requiring the presence of an 28
attorney; 29
[(6)] (7) "Medical setting" means gatherings or gathering places where 30
[health and wellness issues] physical health, mental health, or both are 31
addressed, including, but not limited to, hospitals, clinics, assisted 32
living and rehabilitation facilities, mental health treatment sessions, 33
psychological evaluations, substance abuse treatment sessions, crisis 34
intervention and appointments or other treatment requiring the 35
presence of a doctor, nurse, medical staff or other health care 36
professional; and 37
[(7)] (8) "Transliterating" means converting or rendering English 38
concepts to a language concept used by a person who is deaf, [deaf-39
blind] deafblind or hard of hearing or the translating of a deaf, [deaf-40
blind] deafblind or hard of hearing person's language concept to English 41
concepts. 42
(b) Except as provided in subsections (g) and (h) of this section, all 43
persons providing interpreting services shall register, annually, with the 44
Department of Aging and Disability Services. Such registration shall be 45
on a form prescribed or furnished by the Commissioner of Aging and 46
Disability Services and shall include the registrant's name, residential or 47 Substitute Bill No. 5230
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business address, or both, contact information, including, but not 48
limited to, phone number, place of employment as interpreter and 49
interpreter certification or credentials. The department shall (1) issue 50
interpreter identification cards for those who register in accordance with 51
this section, and (2) maintain a current listing on its Internet web site of 52
such registered interpreters, categorized by interpreter settings for 53
which they are qualified. The department may also require 54
documentation of the registrant's training hours. The department shall 55
annually issue interpreter identification cards listing the type of settings 56
in which the registrant is qualified to interpret. The department shall 57
establish an Internet web page containing information about services for 58
deaf, deafblind and hard of hearing individuals. The department's 59
Internet web page shall include, but not be limited to, information 60
related to such services provided by the department and the 61
Departments of Social Services, Mental Health and Addiction Services 62
and Children and Families. 63
(c) [No] Except as provided in subsections (g) and (h) of this section, 64
no person shall provide interpreting services in the state, including in a 65
community setting, unless such person is registered with the 66
Department of Aging and Disability Services according to the 67
provisions of this section, holds recognized national or state interpreter 68
credentials determined by the department to be acceptable for 69
interpreting purposes where appropriate in Connecticut and has met at 70
least one of the following qualifications: 71
(1) (A) Has passed the National Registry of Interpreters for the Deaf 72
written generalist test or the National Association of the Deaf-National 73
Registry of Interpreters for the Deaf certification knowledge 74
examination, (B) holds a level three certification provided by the 75
National Association of the Deaf, and (C) (i) documents the achievement 76
of two continuing education units per year for a maximum of five years 77
of training approved by the Commissioner of Aging and Disability 78
Services, and (ii) on or before the fifth anniversary of having passed the 79
National Registry of Interpreters for the Deaf written generalist test or 80 Substitute Bill No. 5230
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the National Association of the Deaf-National Registry of Interpreters 81
for the Deaf certification knowledge examination, has passed the 82
National Registry of Interpreters for the Deaf performance examination 83
or the National Association of the Deaf-National Registry of Interpreters 84
for the Deaf national interpreter certification examination; 85
(2) (A) Has passed the National Registry of Interpreters for the Deaf 86
written generalist test or the National Association of the Deaf-National 87
Registry of Interpreters for the Deaf certification knowledge 88
examination, (B) is a graduate of an accredited interpreter training 89
program and documents the achievement of two continuing education 90
units per year for a maximum of five years of training approved by the 91
commissioner, and (C) on or before the fifth anniversary of having 92
passed the National Registry of Interpreters for the Deaf written 93
generalist test or the National Association of the Deaf-National Registry 94
of Interpreters for the Deaf certification knowledge examination, has 95
passed the National Registry of Interpreters for the Deaf performance 96
examination or the National Association of the Deaf-National Registry 97
of Interpreters for the Deaf national interpreter certification 98
examination; 99
(3) Holds a level four or higher certification from the National 100
Association of the Deaf; 101
(4) Holds certification by the National Registry of Interpreters for the 102
Deaf; 103
(5) For situations requiring an oral interpreter only, holds oral 104
certification from the National Registry of Interpreters for the Deaf; 105
(6) For situations requiring a cued speech transliterator only, holds 106
certification from the National Training, Evaluation and Certification 107
Unit and has passed the National Registry of Interpreters for the Deaf 108
written generalist test; 109
(7) Holds a reverse skills certificate or is a certified deaf interpreter 110
under the National Registry of Interpreters for the Deaf; 111 Substitute Bill No. 5230
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(8) Holds a National Association of the Deaf-National Registry of 112
Interpreters for the Deaf national interpreting certificate; or 113
(9) Holds the credential of Approved Deaf Interpreter, Approved 114
American Sign Language-English Interpreter, or Approved Sign 115
Language Transliterator by the Massachusetts Commission on the Deaf 116
and Hard of Hearing. 117
(d) No person shall provide interpreting services in a medical setting 118
unless such person is registered with the Department of Aging and 119
Disability Services according to the provisions of this section and holds 120
(1) a comprehensive skills certificate from the National Registry of 121
Interpreters for the Deaf, (2) a certificate of interpretation or a certificate 122
of transliteration from the National Registry of Interpreters for the Deaf, 123
(3) a level four or higher certification from the National Association of 124
the Deaf, (4) a reverse skills certificate or certification as a deaf 125
interpreter under the National Registry of Interpreters for the Deaf, (5) 126
for situations requiring an oral interpreter only, an oral certification 127
from the National Registry of Interpreters for the Deaf, (6) for situations 128
requiring a cued speech transliterator only, a certification from the 129
National Training, Evaluation and Certification Unit and has passed the 130
National Registry of Interpreters for the Deaf written generalist test, [or] 131
(7) a National Association of the Deaf-National Registry of Interpreters 132
for the Deaf national interpreting certificate, or (8) the credential of 133
Approved Deaf Interpreter by the Massachusetts Commission on the 134
Deaf and Hard of Hearing. 135
(e) No person shall provide interpreting services in a legal setting 136
unless such person is registered with the Department of Aging and 137
Disability Services according to the provisions of this section and holds 138
(1) a comprehensive skills certificate from the National Registry of 139
Interpreters for the Deaf, (2) a certificate of interpretation and a 140
certificate of transliteration from the National Registry of Interpreters 141
for the Deaf, (3) a level five certification from the National Association 142
of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter 143
under the National Registry of Interpreters for the Deaf, (5) for 144 Substitute Bill No. 5230
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situations requiring an oral interpreter only, an oral certification from 145
the National Registry of Interpreters for the Deaf, (6) for situations 146
requiring a cued speech transliterator only, certification from the 147
National Training, Evaluation and Certification Unit and has passed the 148
National Registry of Interpreters for the Deaf written generalist test, [or] 149
(7) a National Association of the Deaf-National Registry of Interpreters 150
for the Deaf national interpreting certificate, or (8) the credential of 151
Approved Deaf Interpreter by the Massachusetts Commission on the 152
Deaf and Hard of Hearing. 153
(f) No person who is not registered as a qualified interpreter pursuant 154
to this section shall: 155
(1) Engage in the practice of or offer to engage in the practice of 156
interpreting for another person, an agency or an entity; 157
(2) Use the title "interpreter", "transliterator" or a similar title in 158
connection with services provided under his or her name; 159
(3) Present or identify himself or herself as an interpreter qualified to 160
engage in interpreting in this state; 161
(4) Use the title "interpreter", "transliterator" or a similar title in 162
advertisements or communications; or 163
(5) Perform the function of or convey the impression that he or she is 164
an interpreter or transliterator. 165
(g) The requirements of this section shall apply to persons who (1) 166
receive compensation for the provision of interpreting services, and (2) 167
provide interpreting services as part of their job duties. The 168
requirements of this section shall not apply to nonregistered individuals 169
such as family members and friends who voluntarily provide 170
interpreting services at the request of a deaf, [deaf-blind] deafblind or 171
hard of hearing person. 172
(h) The following individuals shall be exempt from the registration 173 Substitute Bill No. 5230
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requirements of this section: 174
(1) An individual interpreting at (A) a worship service conducted by 175
a religious entity, or (B) services for educational purposes conducted by 176
a religious entity or religiously affiliated school; 177
(2) An individual engaged in interpreting during an emergency 178
situation, when obtaining a registered interpreter or registered 179
transliterator could cause a delay that may lead to injury or loss to the 180
individual requiring the interpreting services, provided such 181
emergency assistance does not waive any communication access 182
requirements for any entity pursuant to the federal Americans with 183
Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both 184
may be amended from time to time; 185
(3) An individual engaged in interpreting as part of a supervised 186
internship or practicum in an interpreting program at an accredited 187
college or university or an interpreting mentorship program approved 188
by the department if (A) such interpreting is not in a legal, medical or 189
educational setting, or (B) the individual is accompanied by an 190
interpreter registered pursuant to this section; or 191
(4) An interpreter who is certified by a recognized national 192
professional certifying body such as the National Registry of 193
Interpreters for the Deaf or the National Association of the Deaf or a 194
recognized state professional certifying body from outside the state and 195
provides interpreting services in the state for a period of time not 196
exceeding fourteen days during a calendar year. 197
(i) Deaf, [deaf-blind] deafblind and hard of hearing persons may 198
exercise their right to request or use a different registered interpreter 199
than the interpreter provided to interpret for such persons in any 200
interpreting setting in accordance with a nationally recognized 201
interpreter code of professional conduct. 202
[(j) Any person may report a violation of the provisions of this section 203
to the nonprofit entity designated by the Governor in accordance with 204 Substitute Bill No. 5230
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section 46a-10b to serve as the state's protection and advocacy system 205
for persons with disabilities.] 206
(j) Any person who is not registered in accordance with this section 207
who represents himself or herself as an interpreter registered with the 208
Department of Aging and Disability Services, or who engages in wilful 209
or fraudulent misrepresentation of his or her credentials in an attempt 210
to register with the department, shall be guilty of a class C 211
misdemeanor. Failure to renew such registration in a timely manner 212
shall not in and of itself constitute a violation for the purposes of this 213
subsection. For purposes of this subsection, "timely manner" means 214
registration renewal not more than thirty days after such registration 215
has expired. 216
Sec. 2. Section 46a-34 of the 2022 supplement to the general statutes 217
is repealed and the following is substituted in lieu thereof (Effective 218
October 1, 2022): 219
As used in this section and sections 4-61aa, 46a-27, 46a-28, 46a-29 and 220
46a-35: 221
(1) "Deaf person" means a person who has a hearing loss which is so 222
severe that the person has difficulty in processing linguistic information 223
through hearing, with or without amplification or other assistive 224
technology; 225
(2) "Deafblind person" means a person who has both a hearing loss 226
and a visual loss that present challenges in (A) processing linguistic 227
information through hearing and sight, and (B) functioning 228
independently as a sighted person without training; 229
(3) "Hard of hearing person" means a person who has a hearing loss, 230
whether permanent or fluctuating, which may be corrected by 231
amplification or other assistive technology or means but presents 232
challenges in processing linguistic information through hearing; 233
(4) "American Sign Language" or "ASL" means the visual language 234 Substitute Bill No. 5230
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used by deaf and hard of hearing persons in the United States and 235
Canada, with semantic, syntactic, morphological and phonological rules 236
distinct from the English language; 237
(5) "English-based manual or sign system" means a sign system that 238
uses manual signs in English language word order, sometimes with 239
added affixes that are not present in ASL; 240
(6) "Oral, aural or speech-based system" means a communication 241
system which uses a deaf or hard of hearing person's speech or residual 242
hearing abilities, with or without the assistance of technology or cues; 243
(7) "Language, communication mode or style" means one or more of 244
the following: (A) ASL, (B) English-based manual or sign systems, (C) a 245
minimal sign language system to communicate with persons who use 246
home-based signs, idiosyncratic signs or a sign system or language from 247
another country, (D) oral, aural or speech-based systems with or 248
without assistive technology, and (E) tactile method ASL or protactile 249
ASL as used by [deaf-blind] deafblind persons; 250
(8) "Primary language, communication mode or style" means the 251
language, communication mode or style which is preferred by and most 252
effective for a particular person, or as determined by an appropriate 253
language assessment undertaken by persons proficient in the language, 254
communication mode or style being assessed; 255
(9) "Culturally and linguistically affirmative mental health services" 256
means the provision of a full continuum of mental health services to a 257
deaf, deafblind or hard of hearing person through an appropriately 258
licensed mental health professional fluent in the primary language, 259
communication mode or style and cultural needs of the person requiring 260
such services; and 261
(10) "Accessible mental health services" means the provision of a full 262
continuum of mental health services with the use of auxiliary aids and 263
services necessary for a deaf, deafblind or hard of hearing person to 264
communicate with appropriately qualified mental health professionals 265 Substitute Bill No. 5230
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who are not fluent in the primary language, communication mode or 266
style of the person requiring such services, including, but not limited to, 267
qualified interpreters utilizing the language or communication mode 268
used by such person, written communications or assistive listening 269
devices. 270
Sec. 3. Section 17b-606 of the general statutes is amended by adding 271
subsection (d) as follows (Effective October 1, 2022): 272
(NEW) (d) The Department of Social Services shall maintain on the 273
department's Internet web site information on services provided to 274
persons with disabilities. The department's Internet web site shall 275
include a link to the Internet web page maintained by the Department 276
of Aging and Disability Services pursuant to section 46a-33a, as 277
amended by this act, containing information about services for deaf, 278
deafblind and hard of hearing individuals. 279
Sec. 4. Section 17a-3 of the 2022 supplement to the general statutes is 280
amended by adding subsection (c) as follows (Effective October 1, 2022): 281
(NEW) (c) The Department of Children and Families shall maintain 282
on the department's Internet web site information on services provided 283
to persons with disabilities. The department's Internet web site shall 284
include a link to the Internet web page maintained by the Department 285
of Aging and Disability Services pursuant to section 46a-33a, as 286
amended by this act, containing information about services for deaf, 287
deafblind and hard of hearing individuals. 288
Sec. 5. Subsection (e) of section 17a-451 of the general statutes is 289
repealed and the following is substituted in lieu thereof (Effective October 290
1, 2022): 291
(e) The commissioner shall collaborate and cooperate with other state 292
agencies providing services for children with mental disorders and 293
adults with psychiatric disabilities or persons with substance use 294
disorders, or both, and shall coordinate the activities of the Department 295
of Mental Health and Addiction Services with the activities of said 296 Substitute Bill No. 5230
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agencies. The commissioner shall maintain on the department's Internet 297
web site information on services provided to persons with disabilities. 298
The department's Internet web site shall include a link to the Internet 299
web page maintained by the Department of Aging and Disability 300
Services pursuant to section 46a-33a, as amended by this act, containing 301
information about services for deaf, deafblind and hard of hearing 302
individuals. 303
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 46a-33a
Sec. 2 October 1, 2022 46a-34
Sec. 3 October 1, 2022 17b-606
Sec. 4 October 1, 2022 17a-3
Sec. 5 October 1, 2022 17a-451(e)
Statement of Legislative Commissioners:
In Section 1(c), "in a community setting" was changed to "in the state,
including in a community setting," for clarity.
HS Joint Favorable Subst.