Connecticut 2022 Regular Session

Connecticut House Bill HB05230 Compare Versions

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7+General Assembly Substitute Bill No. 5230
8+February Session, 2022
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4-Substitute House Bill No. 5230
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6-Public Act No. 22-31
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914 AN ACT CONCERNING STANDARDS FOR INTERPRETERS FOR
1015 DEAF, DEAFBLIND AND HARD OF HEARING PERSONS.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. Section 46a-33a of the general statutes is repealed and the
15-following is substituted in lieu thereof (Effective October 1, 2022):
16-(a) For the purposes of this section:
17-(1) "Community setting" means any setting, other than those
18-specifically identified as educational, legal or medical, including, but
19-not limited to, any setting involving everyday life activities such as
20-information sharing, employment, social services, entertainment and
21-civic and community engagements;
22-[(1)] (2) "Department" means the Department of [Rehabilitation
23-Services] Aging and Disability Services;
24-[(2)] (3) "Interpreting" means the translating or transliterating of
25-English concepts to a language concept used by a person who is deaf,
26-[deaf-blind] deafblind or hard of hearing or the translating of a deaf,
27-[deaf-blind] deafblind or hard of hearing person's language to English
28-concepts through the use of American Sign Language, English-based
29-sign language, cued speech, oral transliterating and information Substitute House Bill No. 5230
19+Section 1. Section 46a-33a of the general statutes is repealed and the 1
20+following is substituted in lieu thereof (Effective October 1, 2022): 2
21+(a) For the purposes of this section: 3
22+(1) "Community setting" means any setting, other than those 4
23+specifically identified as educational, legal or medical, including, but 5
24+not limited to, any setting involving everyday life activities such as 6
25+information sharing, employment, social services, entertainment and 7
26+civic and community engagements; 8
27+[(1)] (2) "Department" means the Department of [Rehabilitation 9
28+Services] Aging and Disability Services; 10
29+[(2)] (3) "Interpreting" means the translating or transliterating of 11
30+English concepts to a language concept used by a person who is deaf, 12
31+[deaf-blind] deafblind or hard of hearing or the translating of a deaf, 13
32+[deaf-blind] deafblind or hard of hearing person's language to English 14
33+concepts through the use of American Sign Language, English-based 15
34+sign language, cued speech, oral transliterating and information 16 Substitute Bill No. 5230
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33-received tactually;
34-[(3) "Deaf-blind"] (4) "Deafblind" means combined vision and hearing
35-impairments that challenge a person's ability to communicate, interact
36-with others, access information and move about safely;
37-[(4)] (5) "Educational setting" means any setting where interpretive
38-services are provided concerning education-related matters, including,
39-but not limited to, all schools, school-based programs, services and
40-activities and other educational programs;
41-[(5)] (6) "Legal setting" means any criminal or civil action involving a
42-court of competent jurisdiction, any investigation or action conducted
43-by a duly authorized law enforcement agency, employment-related
44-hearings, appointments and situations requiring the presence of an
45-attorney;
46-[(6)] (7) "Medical setting" means gatherings or gathering places where
47-[health and wellness issues] physical health, mental health, or both are
48-addressed, including, but not limited to, hospitals, clinics, assisted
49-living and rehabilitation facilities, mental health treatment sessions,
50-psychological evaluations, substance abuse treatment sessions, crisis
51-intervention and appointments or other treatment requiring the
52-presence of a doctor, nurse, medical staff or other health care
53-professional; and
54-[(7)] (8) "Transliterating" means converting or rendering English
55-concepts to a language concept used by a person who is deaf, [deaf-
56-blind] deafblind or hard of hearing or the translating of a deaf, [deaf-
57-blind] deafblind or hard of hearing person's language concept to English
58-concepts.
59-(b) Except as provided in subsections (g) and (h) of this section, all
60-persons providing interpreting services shall register, annually, with the
61-Department of Aging and Disability Services. Such registration shall be Substitute House Bill No. 5230
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41+received tactually; 17
42+[(3)] (4) ["Deaf-blind"] "Deafblind" means combined vision and 18
43+hearing impairments that challenge a person's ability to communicate, 19
44+interact with others, access information and move about safely; 20
45+[(4)] (5) "Educational setting" means any setting where interpretive 21
46+services are provided concerning education-related matters, including, 22
47+but not limited to, all schools, school-based programs, services and 23
48+activities and other educational programs; 24
49+[(5)] (6) "Legal setting" means any criminal or civil action involving a 25
50+court of competent jurisdiction, any investigation or action conducted 26
51+by a duly authorized law enforcement agency, employment-related 27
52+hearings, appointments and situations requiring the presence of an 28
53+attorney; 29
54+[(6)] (7) "Medical setting" means gatherings or gathering places where 30
55+[health and wellness issues] physical health, mental health, or both are 31
56+addressed, including, but not limited to, hospitals, clinics, assisted 32
57+living and rehabilitation facilities, mental health treatment sessions, 33
58+psychological evaluations, substance abuse treatment sessions, crisis 34
59+intervention and appointments or other treatment requiring the 35
60+presence of a doctor, nurse, medical staff or other health care 36
61+professional; and 37
62+[(7)] (8) "Transliterating" means converting or rendering English 38
63+concepts to a language concept used by a person who is deaf, [deaf-39
64+blind] deafblind or hard of hearing or the translating of a deaf, [deaf-40
65+blind] deafblind or hard of hearing person's language concept to English 41
66+concepts. 42
67+(b) Except as provided in subsections (g) and (h) of this section, all 43
68+persons providing interpreting services shall register, annually, with the 44
69+Department of Aging and Disability Services. Such registration shall be 45
70+on a form prescribed or furnished by the Commissioner of Aging and 46
71+Disability Services and shall include the registrant's name, residential or 47 Substitute Bill No. 5230
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65-on a form prescribed or furnished by the Commissioner of Aging and
66-Disability Services and shall include the registrant's name, residential or
67-business address, or both, contact information, including, but not
68-limited to, phone number, place of employment as interpreter and
69-interpreter certification or credentials. The department shall (1) issue
70-interpreter identification cards for those who register in accordance with
71-this section, and (2) maintain a current listing on its Internet web site of
72-such registered interpreters, categorized by interpreter settings for
73-which they are qualified. The department may also require
74-documentation of the registrant's training hours. The department shall
75-annually issue interpreter identification cards listing the type of settings
76-in which the registrant is qualified to interpret. The department shall
77-establish an Internet web page containing information about services for
78-deaf, deafblind and hard of hearing individuals. The department's
79-Internet web page shall include, but not be limited to, information
80-related to such services provided by the department and the
81-Departments of Social Services, Mental Health and Addiction Services
82-and Children and Families.
83-(c) [No] Except as provided in subsections (g) and (h) of this section,
84-no person shall provide interpreting services in the state, including in a
85-community setting, unless such person is registered with the
86-Department of Aging and Disability Services according to the
87-provisions of this section, holds recognized national or state interpreter
88-credentials determined by the department to be acceptable for
89-interpreting purposes where appropriate in Connecticut and has met at
90-least one of the following qualifications:
91-(1) (A) Has passed the National Registry of Interpreters for the Deaf
92-written generalist test or the National Association of the Deaf-National
93-Registry of Interpreters for the Deaf certification knowledge
94-examination, (B) holds a level three certification provided by the
95-National Association of the Deaf, and (C) (i) documents the achievement Substitute House Bill No. 5230
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99-of two continuing education units per year for a maximum of five years
100-of training approved by the Commissioner of Aging and Disability
101-Services, and (ii) on or before the fifth anniversary of having passed the
102-National Registry of Interpreters for the Deaf written generalist test or
103-the National Association of the Deaf-National Registry of Interpreters
104-for the Deaf certification knowledge examination, has passed the
105-National Registry of Interpreters for the Deaf performance examination
106-or the National Association of the Deaf-National Registry of Interpreters
107-for the Deaf national interpreter certification examination;
108-(2) (A) Has passed the National Registry of Interpreters for the Deaf
109-written generalist test or the National Association of the Deaf-National
110-Registry of Interpreters for the Deaf certification knowledge
111-examination, (B) is a graduate of an accredited interpreter training
112-program and documents the achievement of two continuing education
113-units per year for a maximum of five years of training approved by the
114-commissioner, and (C) on or before the fifth anniversary of having
115-passed the National Registry of Interpreters for the Deaf written
116-generalist test or the National Association of the Deaf-National Registry
117-of Interpreters for the Deaf certification knowledge examination, has
118-passed the National Registry of Interpreters for the Deaf performance
119-examination or the National Association of the Deaf-National Registry
120-of Interpreters for the Deaf national interpreter certification
121-examination;
122-(3) Holds a level four or higher certification from the National
123-Association of the Deaf;
124-(4) Holds certification by the National Registry of Interpreters for the
125-Deaf;
126-(5) For situations requiring an oral interpreter only, holds oral
127-certification from the National Registry of Interpreters for the Deaf; Substitute House Bill No. 5230
78+business address, or both, contact information, including, but not 48
79+limited to, phone number, place of employment as interpreter and 49
80+interpreter certification or credentials. The department shall (1) issue 50
81+interpreter identification cards for those who register in accordance with 51
82+this section, and (2) maintain a current listing on its Internet web site of 52
83+such registered interpreters, categorized by interpreter settings for 53
84+which they are qualified. The department may also require 54
85+documentation of the registrant's training hours. The department shall 55
86+annually issue interpreter identification cards listing the type of settings 56
87+in which the registrant is qualified to interpret. The department shall 57
88+establish an Internet web page containing information about services for 58
89+deaf, deafblind and hard of hearing individuals. The department's 59
90+Internet web page shall include, but not be limited to, information 60
91+related to such services provided by the department and the 61
92+Departments of Social Services, Mental Health and Addiction Services 62
93+and Children and Families. 63
94+(c) [No] Except as provided in subsections (g) and (h) of this section, 64
95+no person shall provide interpreting services in the state, including in a 65
96+community setting, unless such person is registered with the 66
97+Department of Aging and Disability Services according to the 67
98+provisions of this section, holds recognized national or state interpreter 68
99+credentials determined by the department to be acceptable for 69
100+interpreting purposes where appropriate in Connecticut and has met at 70
101+least one of the following qualifications: 71
102+(1) (A) Has passed the National Registry of Interpreters for the Deaf 72
103+written generalist test or the National Association of the Deaf-National 73
104+Registry of Interpreters for the Deaf certification knowledge 74
105+examination, (B) holds a level three certification provided by the 75
106+National Association of the Deaf, and (C) (i) documents the achievement 76
107+of two continuing education units per year for a maximum of five years 77
108+of training approved by the Commissioner of Aging and Disability 78
109+Services, and (ii) on or before the fifth anniversary of having passed the 79
110+National Registry of Interpreters for the Deaf written generalist test or 80 Substitute Bill No. 5230
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129-Public Act No. 22-31 5 of 11
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131-(6) For situations requiring a cued speech transliterator only, holds
132-certification from the National Training, Evaluation and Certification
133-Unit and has passed the National Registry of Interpreters for the Deaf
134-written generalist test;
135-(7) Holds a reverse skills certificate or is a certified deaf interpreter
136-under the National Registry of Interpreters for the Deaf;
137-(8) Holds a National Association of the Deaf-National Registry of
138-Interpreters for the Deaf national interpreting certificate; or
139-(9) Holds the credential of Approved Deaf Interpreter, Approved
140-American Sign Language-English Interpreter, or Approved Sign
141-Language Transliterator by the Massachusetts Commission on the Deaf
142-and Hard of Hearing.
143-(d) No person shall provide interpreting services in a medical setting
144-unless such person is registered with the Department of Aging and
145-Disability Services according to the provisions of this section and holds
146-(1) a comprehensive skills certificate from the National Registry of
147-Interpreters for the Deaf, (2) a certificate of interpretation or a certificate
148-of transliteration from the National Registry of Interpreters for the Deaf,
149-(3) a level four or higher certification from the National Association of
150-the Deaf, (4) a reverse skills certificate or certification as a deaf
151-interpreter under the National Registry of Interpreters for the Deaf, (5)
152-for situations requiring an oral interpreter only, an oral certification
153-from the National Registry of Interpreters for the Deaf, (6) for situations
154-requiring a cued speech transliterator only, a certification from the
155-National Training, Evaluation and Certification Unit and has passed the
156-National Registry of Interpreters for the Deaf written generalist test, [or]
157-(7) a National Association of the Deaf-National Registry of Interpreters
158-for the Deaf national interpreting certificate, or (8) the credential of
159-Approved Deaf Interpreter by the Massachusetts Commission on the
160-Deaf and Hard of Hearing. Substitute House Bill No. 5230
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162-Public Act No. 22-31 6 of 11
117+the National Association of the Deaf-National Registry of Interpreters 81
118+for the Deaf certification knowledge examination, has passed the 82
119+National Registry of Interpreters for the Deaf performance examination 83
120+or the National Association of the Deaf-National Registry of Interpreters 84
121+for the Deaf national interpreter certification examination; 85
122+(2) (A) Has passed the National Registry of Interpreters for the Deaf 86
123+written generalist test or the National Association of the Deaf-National 87
124+Registry of Interpreters for the Deaf certification knowledge 88
125+examination, (B) is a graduate of an accredited interpreter training 89
126+program and documents the achievement of two continuing education 90
127+units per year for a maximum of five years of training approved by the 91
128+commissioner, and (C) on or before the fifth anniversary of having 92
129+passed the National Registry of Interpreters for the Deaf written 93
130+generalist test or the National Association of the Deaf-National Registry 94
131+of Interpreters for the Deaf certification knowledge examination, has 95
132+passed the National Registry of Interpreters for the Deaf performance 96
133+examination or the National Association of the Deaf-National Registry 97
134+of Interpreters for the Deaf national interpreter certification 98
135+examination; 99
136+(3) Holds a level four or higher certification from the National 100
137+Association of the Deaf; 101
138+(4) Holds certification by the National Registry of Interpreters for the 102
139+Deaf; 103
140+(5) For situations requiring an oral interpreter only, holds oral 104
141+certification from the National Registry of Interpreters for the Deaf; 105
142+(6) For situations requiring a cued speech transliterator only, holds 106
143+certification from the National Training, Evaluation and Certification 107
144+Unit and has passed the National Registry of Interpreters for the Deaf 108
145+written generalist test; 109
146+(7) Holds a reverse skills certificate or is a certified deaf interpreter 110
147+under the National Registry of Interpreters for the Deaf; 111 Substitute Bill No. 5230
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164-(e) No person shall provide interpreting services in a legal setting
165-unless such person is registered with the Department of Aging and
166-Disability Services according to the provisions of this section and holds
167-(1) a comprehensive skills certificate from the National Registry of
168-Interpreters for the Deaf, (2) a certificate of interpretation and a
169-certificate of transliteration from the National Registry of Interpreters
170-for the Deaf, (3) a level five certification from the National Association
171-of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter
172-under the National Registry of Interpreters for the Deaf, (5) for
173-situations requiring an oral interpreter only, an oral certification from
174-the National Registry of Interpreters for the Deaf, (6) for situations
175-requiring a cued speech transliterator only, certification from the
176-National Training, Evaluation and Certification Unit and has passed the
177-National Registry of Interpreters for the Deaf written generalist test, [or]
178-(7) a National Association of the Deaf-National Registry of Interpreters
179-for the Deaf national interpreting certificate, or (8) the credential of
180-Approved Deaf Interpreter by the Massachusetts Commission on the
181-Deaf and Hard of Hearing.
182-(f) No person who is not registered as a qualified interpreter pursuant
183-to this section shall:
184-(1) Engage in the practice of or offer to engage in the practice of
185-interpreting for another person, an agency or an entity;
186-(2) Use the title "interpreter", "transliterator" or a similar title in
187-connection with services provided under his or her name;
188-(3) Present or identify himself or herself as an interpreter qualified to
189-engage in interpreting in this state;
190-(4) Use the title "interpreter", "transliterator" or a similar title in
191-advertisements or communications; or
192-(5) Perform the function of or convey the impression that he or she is Substitute House Bill No. 5230
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196-an interpreter or transliterator.
197-(g) The requirements of this section shall apply to persons who (1)
198-receive compensation for the provision of interpreting services, and (2)
199-provide interpreting services as part of their job duties. The
200-requirements of this section shall not apply to nonregistered individuals
201-such as family members and friends who voluntarily provide
202-interpreting services at the request of a deaf, [deaf-blind] deafblind or
203-hard of hearing person.
204-(h) The following individuals shall be exempt from the registration
205-requirements of this section:
206-(1) An individual interpreting at (A) a worship service conducted by
207-a religious entity, or (B) services for educational purposes conducted by
208-a religious entity or religiously affiliated school;
209-(2) An individual engaged in interpreting during an emergency
210-situation, when obtaining a registered interpreter or registered
211-transliterator could cause a delay that may lead to injury or loss to the
212-individual requiring the interpreting services, provided such
213-emergency assistance does not waive any communication access
214-requirements for any entity pursuant to the federal Americans with
215-Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both
216-may be amended from time to time;
217-(3) An individual engaged in interpreting as part of a supervised
218-internship or practicum in an interpreting program at an accredited
219-college or university or an interpreting mentorship program approved
220-by the department if (A) such interpreting is not in a legal, medical or
221-educational setting, or (B) the individual is accompanied by an
222-interpreter registered pursuant to this section; or
223-(4) An interpreter who is certified by a recognized national
224-professional certifying body such as the National Registry of Substitute House Bill No. 5230
154+(8) Holds a National Association of the Deaf-National Registry of 112
155+Interpreters for the Deaf national interpreting certificate; or 113
156+(9) Holds the credential of Approved Deaf Interpreter, Approved 114
157+American Sign Language-English Interpreter, or Approved Sign 115
158+Language Transliterator by the Massachusetts Commission on the Deaf 116
159+and Hard of Hearing. 117
160+(d) No person shall provide interpreting services in a medical setting 118
161+unless such person is registered with the Department of Aging and 119
162+Disability Services according to the provisions of this section and holds 120
163+(1) a comprehensive skills certificate from the National Registry of 121
164+Interpreters for the Deaf, (2) a certificate of interpretation or a certificate 122
165+of transliteration from the National Registry of Interpreters for the Deaf, 123
166+(3) a level four or higher certification from the National Association of 124
167+the Deaf, (4) a reverse skills certificate or certification as a deaf 125
168+interpreter under the National Registry of Interpreters for the Deaf, (5) 126
169+for situations requiring an oral interpreter only, an oral certification 127
170+from the National Registry of Interpreters for the Deaf, (6) for situations 128
171+requiring a cued speech transliterator only, a certification from the 129
172+National Training, Evaluation and Certification Unit and has passed the 130
173+National Registry of Interpreters for the Deaf written generalist test, [or] 131
174+(7) a National Association of the Deaf-National Registry of Interpreters 132
175+for the Deaf national interpreting certificate, or (8) the credential of 133
176+Approved Deaf Interpreter by the Massachusetts Commission on the 134
177+Deaf and Hard of Hearing. 135
178+(e) No person shall provide interpreting services in a legal setting 136
179+unless such person is registered with the Department of Aging and 137
180+Disability Services according to the provisions of this section and holds 138
181+(1) a comprehensive skills certificate from the National Registry of 139
182+Interpreters for the Deaf, (2) a certificate of interpretation and a 140
183+certificate of transliteration from the National Registry of Interpreters 141
184+for the Deaf, (3) a level five certification from the National Association 142
185+of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter 143
186+under the National Registry of Interpreters for the Deaf, (5) for 144 Substitute Bill No. 5230
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226-Public Act No. 22-31 8 of 11
227188
228-Interpreters for the Deaf or the National Association of the Deaf or a
229-recognized state professional certifying body from outside the state and
230-provides interpreting services in the state for a period of time not
231-exceeding fourteen days during a calendar year.
232-(i) Deaf, [deaf-blind] deafblind and hard of hearing persons may
233-exercise their right to request or use a different registered interpreter
234-than the interpreter provided to interpret for such persons in any
235-interpreting setting in accordance with a nationally recognized
236-interpreter code of professional conduct.
237-[(j) Any person may report a violation of the provisions of this section
238-to the nonprofit entity designated by the Governor in accordance with
239-section 46a-10b to serve as the state's protection and advocacy system
240-for persons with disabilities.]
241-(j) Any person who is not registered in accordance with this section
242-who represents himself or herself as an interpreter registered with the
243-Department of Aging and Disability Services, or who engages in wilful
244-or fraudulent misrepresentation of his or her credentials in an attempt
245-to register with the department, shall be guilty of a class C
246-misdemeanor. Failure to renew such registration in a timely manner
247-shall not in and of itself constitute a violation for the purposes of this
248-subsection. For purposes of this subsection, "timely manner" means
249-registration renewal not more than thirty days after such registration
250-has expired.
251-Sec. 2. Section 46a-34 of the 2022 supplement to the general statutes
252-is repealed and the following is substituted in lieu thereof (Effective
253-October 1, 2022):
254-As used in this section and sections 4-61aa, 46a-27, 46a-28, 46a-29 and
255-46a-35:
256-(1) "Deaf person" means a person who has a hearing loss which is so Substitute House Bill No. 5230
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193+situations requiring an oral interpreter only, an oral certification from 145
194+the National Registry of Interpreters for the Deaf, (6) for situations 146
195+requiring a cued speech transliterator only, certification from the 147
196+National Training, Evaluation and Certification Unit and has passed the 148
197+National Registry of Interpreters for the Deaf written generalist test, [or] 149
198+(7) a National Association of the Deaf-National Registry of Interpreters 150
199+for the Deaf national interpreting certificate, or (8) the credential of 151
200+Approved Deaf Interpreter by the Massachusetts Commission on the 152
201+Deaf and Hard of Hearing. 153
202+(f) No person who is not registered as a qualified interpreter pursuant 154
203+to this section shall: 155
204+(1) Engage in the practice of or offer to engage in the practice of 156
205+interpreting for another person, an agency or an entity; 157
206+(2) Use the title "interpreter", "transliterator" or a similar title in 158
207+connection with services provided under his or her name; 159
208+(3) Present or identify himself or herself as an interpreter qualified to 160
209+engage in interpreting in this state; 161
210+(4) Use the title "interpreter", "transliterator" or a similar title in 162
211+advertisements or communications; or 163
212+(5) Perform the function of or convey the impression that he or she is 164
213+an interpreter or transliterator. 165
214+(g) The requirements of this section shall apply to persons who (1) 166
215+receive compensation for the provision of interpreting services, and (2) 167
216+provide interpreting services as part of their job duties. The 168
217+requirements of this section shall not apply to nonregistered individuals 169
218+such as family members and friends who voluntarily provide 170
219+interpreting services at the request of a deaf, [deaf-blind] deafblind or 171
220+hard of hearing person. 172
221+(h) The following individuals shall be exempt from the registration 173 Substitute Bill No. 5230
259222
260-severe that the person has difficulty in processing linguistic information
261-through hearing, with or without amplification or other assistive
262-technology;
263-(2) "Deafblind person" means a person who has both a hearing loss
264-and a visual loss that present challenges in (A) processing linguistic
265-information through hearing and sight, and (B) functioning
266-independently as a sighted person without training;
267-(3) "Hard of hearing person" means a person who has a hearing loss,
268-whether permanent or fluctuating, which may be corrected by
269-amplification or other assistive technology or means but presents
270-challenges in processing linguistic information through hearing;
271-(4) "American Sign Language" or "ASL" means the visual language
272-used by deaf and hard of hearing persons in the United States and
273-Canada, with semantic, syntactic, morphological and phonological rules
274-distinct from the English language;
275-(5) "English-based manual or sign system" means a sign system that
276-uses manual signs in English language word order, sometimes with
277-added affixes that are not present in ASL;
278-(6) "Oral, aural or speech-based system" means a communication
279-system which uses a deaf or hard of hearing person's speech or residual
280-hearing abilities, with or without the assistance of technology or cues;
281-(7) "Language, communication mode or style" means one or more of
282-the following: (A) ASL, (B) English-based manual or sign systems, (C) a
283-minimal sign language system to communicate with persons who use
284-home-based signs, idiosyncratic signs or a sign system or language from
285-another country, (D) oral, aural or speech-based systems with or
286-without assistive technology, and (E) tactile method ASL or protactile
287-ASL as used by [deaf-blind] deafblind persons; Substitute House Bill No. 5230
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291-(8) "Primary language, communication mode or style" means the
292-language, communication mode or style which is preferred by and most
293-effective for a particular person, or as determined by an appropriate
294-language assessment undertaken by persons proficient in the language,
295-communication mode or style being assessed;
296-(9) "Culturally and linguistically affirmative mental health services"
297-means the provision of a full continuum of mental health services to a
298-deaf, deafblind or hard of hearing person through an appropriately
299-licensed mental health professional fluent in the primary language,
300-communication mode or style and cultural needs of the person requiring
301-such services; and
302-(10) "Accessible mental health services" means the provision of a full
303-continuum of mental health services with the use of auxiliary aids and
304-services necessary for a deaf, deafblind or hard of hearing person to
305-communicate with appropriately qualified mental health professionals
306-who are not fluent in the primary language, communication mode or
307-style of the person requiring such services, including, but not limited to,
308-qualified interpreters utilizing the language or communication mode
309-used by such person, written communications or assistive listening
310-devices.
311-Sec. 3. Section 17b-606 of the general statutes is amended by adding
312-subsection (d) as follows (Effective October 1, 2022):
313-(NEW) (d) The Department of Social Services shall maintain on the
314-department's Internet web site information on services provided to
315-persons with disabilities. The department's Internet web site shall
316-include a link to the Internet web page maintained by the Department
317-of Aging and Disability Services pursuant to section 46a-33a, as
318-amended by this act, containing information about services for deaf,
319-deafblind and hard of hearing individuals. Substitute House Bill No. 5230
228+requirements of this section: 174
229+(1) An individual interpreting at (A) a worship service conducted by 175
230+a religious entity, or (B) services for educational purposes conducted by 176
231+a religious entity or religiously affiliated school; 177
232+(2) An individual engaged in interpreting during an emergency 178
233+situation, when obtaining a registered interpreter or registered 179
234+transliterator could cause a delay that may lead to injury or loss to the 180
235+individual requiring the interpreting services, provided such 181
236+emergency assistance does not waive any communication access 182
237+requirements for any entity pursuant to the federal Americans with 183
238+Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both 184
239+may be amended from time to time; 185
240+(3) An individual engaged in interpreting as part of a supervised 186
241+internship or practicum in an interpreting program at an accredited 187
242+college or university or an interpreting mentorship program approved 188
243+by the department if (A) such interpreting is not in a legal, medical or 189
244+educational setting, or (B) the individual is accompanied by an 190
245+interpreter registered pursuant to this section; or 191
246+(4) An interpreter who is certified by a recognized national 192
247+professional certifying body such as the National Registry of 193
248+Interpreters for the Deaf or the National Association of the Deaf or a 194
249+recognized state professional certifying body from outside the state and 195
250+provides interpreting services in the state for a period of time not 196
251+exceeding fourteen days during a calendar year. 197
252+(i) Deaf, [deaf-blind] deafblind and hard of hearing persons may 198
253+exercise their right to request or use a different registered interpreter 199
254+than the interpreter provided to interpret for such persons in any 200
255+interpreting setting in accordance with a nationally recognized 201
256+interpreter code of professional conduct. 202
257+[(j) Any person may report a violation of the provisions of this section 203
258+to the nonprofit entity designated by the Governor in accordance with 204 Substitute Bill No. 5230
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321-Public Act No. 22-31 11 of 11
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323-Sec. 4. Section 17a-3 of the 2022 supplement to the general statutes is
324-amended by adding subsection (c) as follows (Effective October 1, 2022):
325-(NEW) (c) The Department of Children and Families shall maintain
326-on the department's Internet web site information on services provided
327-to persons with disabilities. The department's Internet web site shall
328-include a link to the Internet web page maintained by the Department
329-of Aging and Disability Services pursuant to section 46a-33a, as
330-amended by this act, containing information about services for deaf,
331-deafblind and hard of hearing individuals.
332-Sec. 5. Subsection (e) of section 17a-451 of the general statutes is
333-repealed and the following is substituted in lieu thereof (Effective October
334-1, 2022):
335-(e) The commissioner shall collaborate and cooperate with other state
336-agencies providing services for children with mental disorders and
337-adults with psychiatric disabilities or persons with substance use
338-disorders, or both, and shall coordinate the activities of the Department
339-of Mental Health and Addiction Services with the activities of said
340-agencies. The commissioner shall maintain on the department's Internet
341-web site information on services provided to persons with disabilities.
342-The department's Internet web site shall include a link to the Internet
343-web page maintained by the Department of Aging and Disability
344-Services pursuant to section 46a-33a, as amended by this act, containing
345-information about services for deaf, deafblind and hard of hearing
346-individuals.
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265+section 46a-10b to serve as the state's protection and advocacy system 205
266+for persons with disabilities.] 206
267+(j) Any person who is not registered in accordance with this section 207
268+who represents himself or herself as an interpreter registered with the 208
269+Department of Aging and Disability Services, or who engages in wilful 209
270+or fraudulent misrepresentation of his or her credentials in an attempt 210
271+to register with the department, shall be guilty of a class C 211
272+misdemeanor. Failure to renew such registration in a timely manner 212
273+shall not in and of itself constitute a violation for the purposes of this 213
274+subsection. For purposes of this subsection, "timely manner" means 214
275+registration renewal not more than thirty days after such registration 215
276+has expired. 216
277+Sec. 2. Section 46a-34 of the 2022 supplement to the general statutes 217
278+is repealed and the following is substituted in lieu thereof (Effective 218
279+October 1, 2022): 219
280+As used in this section and sections 4-61aa, 46a-27, 46a-28, 46a-29 and 220
281+46a-35: 221
282+(1) "Deaf person" means a person who has a hearing loss which is so 222
283+severe that the person has difficulty in processing linguistic information 223
284+through hearing, with or without amplification or other assistive 224
285+technology; 225
286+(2) "Deafblind person" means a person who has both a hearing loss 226
287+and a visual loss that present challenges in (A) processing linguistic 227
288+information through hearing and sight, and (B) functioning 228
289+independently as a sighted person without training; 229
290+(3) "Hard of hearing person" means a person who has a hearing loss, 230
291+whether permanent or fluctuating, which may be corrected by 231
292+amplification or other assistive technology or means but presents 232
293+challenges in processing linguistic information through hearing; 233
294+(4) "American Sign Language" or "ASL" means the visual language 234 Substitute Bill No. 5230
295+
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301+used by deaf and hard of hearing persons in the United States and 235
302+Canada, with semantic, syntactic, morphological and phonological rules 236
303+distinct from the English language; 237
304+(5) "English-based manual or sign system" means a sign system that 238
305+uses manual signs in English language word order, sometimes with 239
306+added affixes that are not present in ASL; 240
307+(6) "Oral, aural or speech-based system" means a communication 241
308+system which uses a deaf or hard of hearing person's speech or residual 242
309+hearing abilities, with or without the assistance of technology or cues; 243
310+(7) "Language, communication mode or style" means one or more of 244
311+the following: (A) ASL, (B) English-based manual or sign systems, (C) a 245
312+minimal sign language system to communicate with persons who use 246
313+home-based signs, idiosyncratic signs or a sign system or language from 247
314+another country, (D) oral, aural or speech-based systems with or 248
315+without assistive technology, and (E) tactile method ASL or protactile 249
316+ASL as used by [deaf-blind] deafblind persons; 250
317+(8) "Primary language, communication mode or style" means the 251
318+language, communication mode or style which is preferred by and most 252
319+effective for a particular person, or as determined by an appropriate 253
320+language assessment undertaken by persons proficient in the language, 254
321+communication mode or style being assessed; 255
322+(9) "Culturally and linguistically affirmative mental health services" 256
323+means the provision of a full continuum of mental health services to a 257
324+deaf, deafblind or hard of hearing person through an appropriately 258
325+licensed mental health professional fluent in the primary language, 259
326+communication mode or style and cultural needs of the person requiring 260
327+such services; and 261
328+(10) "Accessible mental health services" means the provision of a full 262
329+continuum of mental health services with the use of auxiliary aids and 263
330+services necessary for a deaf, deafblind or hard of hearing person to 264
331+communicate with appropriately qualified mental health professionals 265 Substitute Bill No. 5230
332+
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338+who are not fluent in the primary language, communication mode or 266
339+style of the person requiring such services, including, but not limited to, 267
340+qualified interpreters utilizing the language or communication mode 268
341+used by such person, written communications or assistive listening 269
342+devices. 270
343+Sec. 3. Section 17b-606 of the general statutes is amended by adding 271
344+subsection (d) as follows (Effective October 1, 2022): 272
345+(NEW) (d) The Department of Social Services shall maintain on the 273
346+department's Internet web site information on services provided to 274
347+persons with disabilities. The department's Internet web site shall 275
348+include a link to the Internet web page maintained by the Department 276
349+of Aging and Disability Services pursuant to section 46a-33a, as 277
350+amended by this act, containing information about services for deaf, 278
351+deafblind and hard of hearing individuals. 279
352+Sec. 4. Section 17a-3 of the 2022 supplement to the general statutes is 280
353+amended by adding subsection (c) as follows (Effective October 1, 2022): 281
354+(NEW) (c) The Department of Children and Families shall maintain 282
355+on the department's Internet web site information on services provided 283
356+to persons with disabilities. The department's Internet web site shall 284
357+include a link to the Internet web page maintained by the Department 285
358+of Aging and Disability Services pursuant to section 46a-33a, as 286
359+amended by this act, containing information about services for deaf, 287
360+deafblind and hard of hearing individuals. 288
361+Sec. 5. Subsection (e) of section 17a-451 of the general statutes is 289
362+repealed and the following is substituted in lieu thereof (Effective October 290
363+1, 2022): 291
364+(e) The commissioner shall collaborate and cooperate with other state 292
365+agencies providing services for children with mental disorders and 293
366+adults with psychiatric disabilities or persons with substance use 294
367+disorders, or both, and shall coordinate the activities of the Department 295
368+of Mental Health and Addiction Services with the activities of said 296 Substitute Bill No. 5230
369+
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375+agencies. The commissioner shall maintain on the department's Internet 297
376+web site information on services provided to persons with disabilities. 298
377+The department's Internet web site shall include a link to the Internet 299
378+web page maintained by the Department of Aging and Disability 300
379+Services pursuant to section 46a-33a, as amended by this act, containing 301
380+information about services for deaf, deafblind and hard of hearing 302
381+individuals. 303
382+This act shall take effect as follows and shall amend the following
383+sections:
384+
385+Section 1 October 1, 2022 46a-33a
386+Sec. 2 October 1, 2022 46a-34
387+Sec. 3 October 1, 2022 17b-606
388+Sec. 4 October 1, 2022 17a-3
389+Sec. 5 October 1, 2022 17a-451(e)
390+
391+
392+HS Joint Favorable Subst.
393+JUD Joint Favorable
347394