Substitute House Bill No. 5230
Public Act No. 22-31
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 Section 46a-33a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) For the purposes of this section:
(1) "Community setting" means any setting, other than those
specifically identified as educational, legal or medical, including, but
not limited to, any setting involving everyday life activities such as
information sharing, employment, social services, entertainment and
civic and community engagements;
[(1)] (2) "Department" means the Department of [Rehabilitation
Services] Aging and Disability Services;
[(2)] (3) "Interpreting" means the translating or transliterating of
English concepts to a language concept used by a person who is deaf,
[deaf-blind] deafblind or hard of hearing or the translating of a deaf,
[deaf-blind] deafblind or hard of hearing person's language to English
concepts through the use of American Sign Language, English-based
sign language, cued speech, oral transliterating and information Substitute House Bill No. 5230
Public Act No. 22-31 2 of 11
received tactually;
[(3) "Deaf-blind"] (4) "Deafblind" means combined vision and hearing
impairments that challenge a person's ability to communicate, interact
with others, access information and move about safely;
[(4)] (5) "Educational setting" means any setting where interpretive
services are provided concerning education-related matters, including,
but not limited to, all schools, school-based programs, services and
activities and other educational programs;
[(5)] (6) "Legal setting" means any criminal or civil action involving a
court of competent jurisdiction, any investigation or action conducted
by a duly authorized law enforcement agency, employment-related
hearings, appointments and situations requiring the presence of an
attorney;
[(6)] (7) "Medical setting" means gatherings or gathering places where
[health and wellness issues] physical health, mental health, or both are
addressed, including, but not limited to, hospitals, clinics, assisted
living and rehabilitation facilities, mental health treatment sessions,
psychological evaluations, substance abuse treatment sessions, crisis
intervention and appointments or other treatment requiring the
presence of a doctor, nurse, medical staff or other health care
professional; and
[(7)] (8) "Transliterating" means converting or rendering English
concepts to a language concept used by a person who is deaf, [deaf-
blind] deafblind or hard of hearing or the translating of a deaf, [deaf-
blind] deafblind or hard of hearing person's language concept to English
concepts.
(b) Except as provided in subsections (g) and (h) of this section, all
persons providing interpreting services shall register, annually, with the
Department of Aging and Disability Services. Such registration shall be Substitute House Bill No. 5230
Public Act No. 22-31 3 of 11
on a form prescribed or furnished by the Commissioner of Aging and
Disability Services and shall include the registrant's name, residential or
business address, or both, contact information, including, but not
limited to, phone number, place of employment as interpreter and
interpreter certification or credentials. The department shall (1) issue
interpreter identification cards for those who register in accordance with
this section, and (2) maintain a current listing on its Internet web site of
such registered interpreters, categorized by interpreter settings for
which they are qualified. The department may also require
documentation of the registrant's training hours. The department shall
annually issue interpreter identification cards listing the type of settings
in which the registrant is qualified to interpret. The department shall
establish an Internet web page containing information about services for
deaf, deafblind and hard of hearing individuals. The department's
Internet web page shall include, but not be limited to, information
related to such services provided by the department and the
Departments of Social Services, Mental Health and Addiction Services
and Children and Families.
(c) [No] Except as provided in subsections (g) and (h) of this section,
no person shall provide interpreting services in the state, including in a
community setting, unless such person is registered with the
Department of Aging and Disability Services according to the
provisions of this section, holds recognized national or state interpreter
credentials determined by the department to be acceptable for
interpreting purposes where appropriate in Connecticut and has met at
least one of the following qualifications:
(1) (A) Has passed the National Registry of Interpreters for the Deaf
written generalist test or the National Association of the Deaf-National
Registry of Interpreters for the Deaf certification knowledge
examination, (B) holds a level three certification provided by the
National Association of the Deaf, and (C) (i) documents the achievement Substitute House Bill No. 5230
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of two continuing education units per year for a maximum of five years
of training approved by the Commissioner of Aging and Disability
Services, and (ii) on or before the fifth anniversary of having passed the
National Registry of Interpreters for the Deaf written generalist test or
the National Association of the Deaf-National Registry of Interpreters
for the Deaf certification knowledge examination, has passed the
National Registry of Interpreters for the Deaf performance examination
or the National Association of the Deaf-National Registry of Interpreters
for the Deaf national interpreter certification examination;
(2) (A) Has passed the National Registry of Interpreters for the Deaf
written generalist test or the National Association of the Deaf-National
Registry of Interpreters for the Deaf certification knowledge
examination, (B) is a graduate of an accredited interpreter training
program and documents the achievement of two continuing education
units per year for a maximum of five years of training approved by the
commissioner, and (C) on or before the fifth anniversary of having
passed the National Registry of Interpreters for the Deaf written
generalist test or the National Association of the Deaf-National Registry
of Interpreters for the Deaf certification knowledge examination, has
passed the National Registry of Interpreters for the Deaf performance
examination or the National Association of the Deaf-National Registry
of Interpreters for the Deaf national interpreter certification
examination;
(3) Holds a level four or higher certification from the National
Association of the Deaf;
(4) Holds certification by the National Registry of Interpreters for the
Deaf;
(5) For situations requiring an oral interpreter only, holds oral
certification from the National Registry of Interpreters for the Deaf; Substitute House Bill No. 5230
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(6) For situations requiring a cued speech transliterator only, holds
certification from the National Training, Evaluation and Certification
Unit and has passed the National Registry of Interpreters for the Deaf
written generalist test;
(7) Holds a reverse skills certificate or is a certified deaf interpreter
under the National Registry of Interpreters for the Deaf;
(8) Holds a National Association of the Deaf-National Registry of
Interpreters for the Deaf national interpreting certificate; or
(9) Holds the credential of Approved Deaf Interpreter, Approved
American Sign Language-English Interpreter, or Approved Sign
Language Transliterator by the Massachusetts Commission on the Deaf
and Hard of Hearing.
(d) No person shall provide interpreting services in a medical setting
unless such person is registered with the Department of Aging and
Disability Services according to the provisions of this section and holds
(1) a comprehensive skills certificate from the National Registry of
Interpreters for the Deaf, (2) a certificate of interpretation or a certificate
of transliteration from the National Registry of Interpreters for the Deaf,
(3) a level four or higher certification from the National Association of
the Deaf, (4) a reverse skills certificate or certification as a deaf
interpreter under the National Registry of Interpreters for the Deaf, (5)
for situations requiring an oral interpreter only, an oral certification
from the National Registry of Interpreters for the Deaf, (6) for situations
requiring a cued speech transliterator only, a certification from the
National Training, Evaluation and Certification Unit and has passed the
National Registry of Interpreters for the Deaf written generalist test, [or]
(7) a National Association of the Deaf-National Registry of Interpreters
for the Deaf national interpreting certificate, or (8) the credential of
Approved Deaf Interpreter by the Massachusetts Commission on the
Deaf and Hard of Hearing. Substitute House Bill No. 5230
Public Act No. 22-31 6 of 11
(e) No person shall provide interpreting services in a legal setting
unless such person is registered with the Department of Aging and
Disability Services according to the provisions of this section and holds
(1) a comprehensive skills certificate from the National Registry of
Interpreters for the Deaf, (2) a certificate of interpretation and a
certificate of transliteration from the National Registry of Interpreters
for the Deaf, (3) a level five certification from the National Association
of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter
under the National Registry of Interpreters for the Deaf, (5) for
situations requiring an oral interpreter only, an oral certification from
the National Registry of Interpreters for the Deaf, (6) for situations
requiring a cued speech transliterator only, certification from the
National Training, Evaluation and Certification Unit and has passed the
National Registry of Interpreters for the Deaf written generalist test, [or]
(7) a National Association of the Deaf-National Registry of Interpreters
for the Deaf national interpreting certificate, or (8) the credential of
Approved Deaf Interpreter by the Massachusetts Commission on the
Deaf and Hard of Hearing.
(f) No person who is not registered as a qualified interpreter pursuant
to this section shall:
(1) Engage in the practice of or offer to engage in the practice of
interpreting for another person, an agency or an entity;
(2) Use the title "interpreter", "transliterator" or a similar title in
connection with services provided under his or her name;
(3) Present or identify himself or herself as an interpreter qualified to
engage in interpreting in this state;
(4) Use the title "interpreter", "transliterator" or a similar title in
advertisements or communications; or
(5) Perform the function of or convey the impression that he or she is Substitute House Bill No. 5230
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an interpreter or transliterator.
(g) The requirements of this section shall apply to persons who (1)
receive compensation for the provision of interpreting services, and (2)
provide interpreting services as part of their job duties. The
requirements of this section shall not apply to nonregistered individuals
such as family members and friends who voluntarily provide
interpreting services at the request of a deaf, [deaf-blind] deafblind or
hard of hearing person.
(h) The following individuals shall be exempt from the registration
requirements of this section:
(1) An individual interpreting at (A) a worship service conducted by
a religious entity, or (B) services for educational purposes conducted by
a religious entity or religiously affiliated school;
(2) An individual engaged in interpreting during an emergency
situation, when obtaining a registered interpreter or registered
transliterator could cause a delay that may lead to injury or loss to the
individual requiring the interpreting services, provided such
emergency assistance does not waive any communication access
requirements for any entity pursuant to the federal Americans with
Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both
may be amended from time to time;
(3) An individual engaged in interpreting as part of a supervised
internship or practicum in an interpreting program at an accredited
college or university or an interpreting mentorship program approved
by the department if (A) such interpreting is not in a legal, medical or
educational setting, or (B) the individual is accompanied by an
interpreter registered pursuant to this section; or
(4) An interpreter who is certified by a recognized national
professional certifying body such as the National Registry of Substitute House Bill No. 5230
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Interpreters for the Deaf or the National Association of the Deaf or a
recognized state professional certifying body from outside the state and
provides interpreting services in the state for a period of time not
exceeding fourteen days during a calendar year.
(i) Deaf, [deaf-blind] deafblind and hard of hearing persons may
exercise their right to request or use a different registered interpreter
than the interpreter provided to interpret for such persons in any
interpreting setting in accordance with a nationally recognized
interpreter code of professional conduct.
[(j) Any person may report a violation of the provisions of this section
to the nonprofit entity designated by the Governor in accordance with
section 46a-10b to serve as the state's protection and advocacy system
for persons with disabilities.]
(j) Any person who is not registered in accordance with this section
who represents himself or herself as an interpreter registered with the
Department of Aging and Disability Services, or who engages in wilful
or fraudulent misrepresentation of his or her credentials in an attempt
to register with the department, shall be guilty of a class C
misdemeanor. Failure to renew such registration in a timely manner
shall not in and of itself constitute a violation for the purposes of this
subsection. For purposes of this subsection, "timely manner" means
registration renewal not more than thirty days after such registration
has expired.
Sec. 2. Section 46a-34 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2022):
As used in this section and sections 4-61aa, 46a-27, 46a-28, 46a-29 and
46a-35:
(1) "Deaf person" means a person who has a hearing loss which is so Substitute House Bill No. 5230
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severe that the person has difficulty in processing linguistic information
through hearing, with or without amplification or other assistive
technology;
(2) "Deafblind person" means a person who has both a hearing loss
and a visual loss that present challenges in (A) processing linguistic
information through hearing and sight, and (B) functioning
independently as a sighted person without training;
(3) "Hard of hearing person" means a person who has a hearing loss,
whether permanent or fluctuating, which may be corrected by
amplification or other assistive technology or means but presents
challenges in processing linguistic information through hearing;
(4) "American Sign Language" or "ASL" means the visual language
used by deaf and hard of hearing persons in the United States and
Canada, with semantic, syntactic, morphological and phonological rules
distinct from the English language;
(5) "English-based manual or sign system" means a sign system that
uses manual signs in English language word order, sometimes with
added affixes that are not present in ASL;
(6) "Oral, aural or speech-based system" means a communication
system which uses a deaf or hard of hearing person's speech or residual
hearing abilities, with or without the assistance of technology or cues;
(7) "Language, communication mode or style" means one or more of
the following: (A) ASL, (B) English-based manual or sign systems, (C) a
minimal sign language system to communicate with persons who use
home-based signs, idiosyncratic signs or a sign system or language from
another country, (D) oral, aural or speech-based systems with or
without assistive technology, and (E) tactile method ASL or protactile
ASL as used by [deaf-blind] deafblind persons; Substitute House Bill No. 5230
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(8) "Primary language, communication mode or style" means the
language, communication mode or style which is preferred by and most
effective for a particular person, or as determined by an appropriate
language assessment undertaken by persons proficient in the language,
communication mode or style being assessed;
(9) "Culturally and linguistically affirmative mental health services"
means the provision of a full continuum of mental health services to a
deaf, deafblind or hard of hearing person through an appropriately
licensed mental health professional fluent in the primary language,
communication mode or style and cultural needs of the person requiring
such services; and
(10) "Accessible mental health services" means the provision of a full
continuum of mental health services with the use of auxiliary aids and
services necessary for a deaf, deafblind or hard of hearing person to
communicate with appropriately qualified mental health professionals
who are not fluent in the primary language, communication mode or
style of the person requiring such services, including, but not limited to,
qualified interpreters utilizing the language or communication mode
used by such person, written communications or assistive listening
devices.
Sec. 3. Section 17b-606 of the general statutes is amended by adding
subsection (d) as follows (Effective October 1, 2022):
(NEW) (d) The Department of Social Services shall maintain on the
department's Internet web site information on services provided to
persons with disabilities. The department's Internet web site shall
include a link to the Internet web page maintained by the Department
of Aging and Disability Services pursuant to section 46a-33a, as
amended by this act, containing information about services for deaf,
deafblind and hard of hearing individuals. Substitute House Bill No. 5230
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Sec. 4. Section 17a-3 of the 2022 supplement to the general statutes is
amended by adding subsection (c) as follows (Effective October 1, 2022):
(NEW) (c) The Department of Children and Families shall maintain
on the department's Internet web site information on services provided
to persons with disabilities. The department's Internet web site shall
include a link to the Internet web page maintained by the Department
of Aging and Disability Services pursuant to section 46a-33a, as
amended by this act, containing information about services for deaf,
deafblind and hard of hearing individuals.
Sec. 5. Subsection (e) of section 17a-451 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(e) The commissioner shall collaborate and cooperate with other state
agencies providing services for children with mental disorders and
adults with psychiatric disabilities or persons with substance use
disorders, or both, and shall coordinate the activities of the Department
of Mental Health and Addiction Services with the activities of said
agencies. The commissioner shall maintain on the department's Internet
web site information on services provided to persons with disabilities.
The department's Internet web site shall include a link to the Internet
web page maintained by the Department of Aging and Disability
Services pursuant to section 46a-33a, as amended by this act, containing
information about services for deaf, deafblind and hard of hearing
individuals.