14 | | - | Section 1. Section 46a-33a of the general statutes is repealed and the |
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15 | | - | following is substituted in lieu thereof (Effective October 1, 2022): |
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16 | | - | (a) For the purposes of this section: |
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17 | | - | (1) "Community setting" means any setting, other than those |
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18 | | - | specifically identified as educational, legal or medical, including, but |
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19 | | - | not limited to, any setting involving everyday life activities such as |
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20 | | - | information sharing, employment, social services, entertainment and |
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21 | | - | civic and community engagements; |
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22 | | - | [(1)] (2) "Department" means the Department of [Rehabilitation |
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23 | | - | Services] Aging and Disability Services; |
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24 | | - | [(2)] (3) "Interpreting" means the translating or transliterating of |
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25 | | - | English concepts to a language concept used by a person who is deaf, |
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26 | | - | [deaf-blind] deafblind or hard of hearing or the translating of a deaf, |
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27 | | - | [deaf-blind] deafblind or hard of hearing person's language to English |
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28 | | - | concepts through the use of American Sign Language, English-based |
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29 | | - | sign language, cued speech, oral transliterating and information Substitute House Bill No. 5230 |
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| 19 | + | Section 1. Section 46a-33a of the general statutes is repealed and the 1 |
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| 20 | + | following is substituted in lieu thereof (Effective October 1, 2022): 2 |
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| 21 | + | (a) For the purposes of this section: 3 |
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| 22 | + | (1) "Community setting" means any setting, other than those 4 |
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| 23 | + | specifically identified as educational, legal or medical, including, but 5 |
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| 24 | + | not limited to, any setting involving everyday life activities such as 6 |
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| 25 | + | information sharing, employment, social services, entertainment and 7 |
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| 26 | + | civic and community engagements; 8 |
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| 27 | + | [(1)] (2) "Department" means the Department of [Rehabilitation 9 |
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| 28 | + | Services] Aging and Disability Services; 10 |
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| 29 | + | [(2)] (3) "Interpreting" means the translating or transliterating of 11 |
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| 30 | + | English concepts to a language concept used by a person who is deaf, 12 |
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| 31 | + | [deaf-blind] deafblind or hard of hearing or the translating of a deaf, 13 |
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| 32 | + | [deaf-blind] deafblind or hard of hearing person's language to English 14 |
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| 33 | + | concepts through the use of American Sign Language, English-based 15 |
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| 34 | + | sign language, cued speech, oral transliterating and information 16 Substitute Bill No. 5230 |
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33 | | - | received tactually; |
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34 | | - | [(3) "Deaf-blind"] (4) "Deafblind" means combined vision and hearing |
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35 | | - | impairments that challenge a person's ability to communicate, interact |
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36 | | - | with others, access information and move about safely; |
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37 | | - | [(4)] (5) "Educational setting" means any setting where interpretive |
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38 | | - | services are provided concerning education-related matters, including, |
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39 | | - | but not limited to, all schools, school-based programs, services and |
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40 | | - | activities and other educational programs; |
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41 | | - | [(5)] (6) "Legal setting" means any criminal or civil action involving a |
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42 | | - | court of competent jurisdiction, any investigation or action conducted |
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43 | | - | by a duly authorized law enforcement agency, employment-related |
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44 | | - | hearings, appointments and situations requiring the presence of an |
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45 | | - | attorney; |
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46 | | - | [(6)] (7) "Medical setting" means gatherings or gathering places where |
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47 | | - | [health and wellness issues] physical health, mental health, or both are |
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48 | | - | addressed, including, but not limited to, hospitals, clinics, assisted |
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49 | | - | living and rehabilitation facilities, mental health treatment sessions, |
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50 | | - | psychological evaluations, substance abuse treatment sessions, crisis |
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51 | | - | intervention and appointments or other treatment requiring the |
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52 | | - | presence of a doctor, nurse, medical staff or other health care |
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53 | | - | professional; and |
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54 | | - | [(7)] (8) "Transliterating" means converting or rendering English |
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55 | | - | concepts to a language concept used by a person who is deaf, [deaf- |
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56 | | - | blind] deafblind or hard of hearing or the translating of a deaf, [deaf- |
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57 | | - | blind] deafblind or hard of hearing person's language concept to English |
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58 | | - | concepts. |
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59 | | - | (b) Except as provided in subsections (g) and (h) of this section, all |
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60 | | - | persons providing interpreting services shall register, annually, with the |
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61 | | - | Department of Aging and Disability Services. Such registration shall be Substitute House Bill No. 5230 |
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| 37 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230- |
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| 38 | + | R02-HB.docx } |
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| 39 | + | 2 of 11 |
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63 | | - | Public Act No. 22-31 3 of 11 |
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| 41 | + | received tactually; 17 |
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| 42 | + | [(3)] (4) ["Deaf-blind"] "Deafblind" means combined vision and 18 |
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| 43 | + | hearing impairments that challenge a person's ability to communicate, 19 |
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| 44 | + | interact with others, access information and move about safely; 20 |
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| 45 | + | [(4)] (5) "Educational setting" means any setting where interpretive 21 |
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| 46 | + | services are provided concerning education-related matters, including, 22 |
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| 47 | + | but not limited to, all schools, school-based programs, services and 23 |
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| 48 | + | activities and other educational programs; 24 |
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| 49 | + | [(5)] (6) "Legal setting" means any criminal or civil action involving a 25 |
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| 50 | + | court of competent jurisdiction, any investigation or action conducted 26 |
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| 51 | + | by a duly authorized law enforcement agency, employment-related 27 |
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| 52 | + | hearings, appointments and situations requiring the presence of an 28 |
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| 53 | + | attorney; 29 |
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| 54 | + | [(6)] (7) "Medical setting" means gatherings or gathering places where 30 |
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| 55 | + | [health and wellness issues] physical health, mental health, or both are 31 |
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| 56 | + | addressed, including, but not limited to, hospitals, clinics, assisted 32 |
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| 57 | + | living and rehabilitation facilities, mental health treatment sessions, 33 |
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| 58 | + | psychological evaluations, substance abuse treatment sessions, crisis 34 |
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| 59 | + | intervention and appointments or other treatment requiring the 35 |
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| 60 | + | presence of a doctor, nurse, medical staff or other health care 36 |
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| 61 | + | professional; and 37 |
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| 62 | + | [(7)] (8) "Transliterating" means converting or rendering English 38 |
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| 63 | + | concepts to a language concept used by a person who is deaf, [deaf-39 |
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| 64 | + | blind] deafblind or hard of hearing or the translating of a deaf, [deaf-40 |
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| 65 | + | blind] deafblind or hard of hearing person's language concept to English 41 |
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| 66 | + | concepts. 42 |
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| 67 | + | (b) Except as provided in subsections (g) and (h) of this section, all 43 |
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| 68 | + | persons providing interpreting services shall register, annually, with the 44 |
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| 69 | + | Department of Aging and Disability Services. Such registration shall be 45 |
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| 70 | + | on a form prescribed or furnished by the Commissioner of Aging and 46 |
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| 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 |
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66 | | - | Disability Services and shall include the registrant's name, residential or |
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67 | | - | business address, or both, contact information, including, but not |
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68 | | - | limited to, phone number, place of employment as interpreter and |
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69 | | - | interpreter certification or credentials. The department shall (1) issue |
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70 | | - | interpreter identification cards for those who register in accordance with |
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71 | | - | this section, and (2) maintain a current listing on its Internet web site of |
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72 | | - | such registered interpreters, categorized by interpreter settings for |
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73 | | - | which they are qualified. The department may also require |
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74 | | - | documentation of the registrant's training hours. The department shall |
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75 | | - | annually issue interpreter identification cards listing the type of settings |
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76 | | - | in which the registrant is qualified to interpret. The department shall |
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77 | | - | establish an Internet web page containing information about services for |
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78 | | - | deaf, deafblind and hard of hearing individuals. The department's |
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79 | | - | Internet web page shall include, but not be limited to, information |
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80 | | - | related to such services provided by the department and the |
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81 | | - | Departments of Social Services, Mental Health and Addiction Services |
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82 | | - | and Children and Families. |
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83 | | - | (c) [No] Except as provided in subsections (g) and (h) of this section, |
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84 | | - | no person shall provide interpreting services in the state, including in a |
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85 | | - | community setting, unless such person is registered with the |
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86 | | - | Department of Aging and Disability Services according to the |
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87 | | - | provisions of this section, holds recognized national or state interpreter |
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88 | | - | credentials determined by the department to be acceptable for |
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89 | | - | interpreting purposes where appropriate in Connecticut and has met at |
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90 | | - | least one of the following qualifications: |
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91 | | - | (1) (A) Has passed the National Registry of Interpreters for the Deaf |
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92 | | - | written generalist test or the National Association of the Deaf-National |
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93 | | - | Registry of Interpreters for the Deaf certification knowledge |
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94 | | - | examination, (B) holds a level three certification provided by the |
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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 |
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100 | | - | of training approved by the Commissioner of Aging and Disability |
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101 | | - | Services, and (ii) on or before the fifth anniversary of having passed the |
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102 | | - | National Registry of Interpreters for the Deaf written generalist test or |
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103 | | - | the National Association of the Deaf-National Registry of Interpreters |
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104 | | - | for the Deaf certification knowledge examination, has passed the |
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105 | | - | National Registry of Interpreters for the Deaf performance examination |
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106 | | - | or the National Association of the Deaf-National Registry of Interpreters |
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107 | | - | for the Deaf national interpreter certification examination; |
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108 | | - | (2) (A) Has passed the National Registry of Interpreters for the Deaf |
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109 | | - | written generalist test or the National Association of the Deaf-National |
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110 | | - | Registry of Interpreters for the Deaf certification knowledge |
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111 | | - | examination, (B) is a graduate of an accredited interpreter training |
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112 | | - | program and documents the achievement of two continuing education |
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113 | | - | units per year for a maximum of five years of training approved by the |
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114 | | - | commissioner, and (C) on or before the fifth anniversary of having |
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115 | | - | passed the National Registry of Interpreters for the Deaf written |
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116 | | - | generalist test or the National Association of the Deaf-National Registry |
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117 | | - | of Interpreters for the Deaf certification knowledge examination, has |
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118 | | - | passed the National Registry of Interpreters for the Deaf performance |
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119 | | - | examination or the National Association of the Deaf-National Registry |
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120 | | - | of Interpreters for the Deaf national interpreter certification |
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121 | | - | examination; |
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122 | | - | (3) Holds a level four or higher certification from the National |
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123 | | - | Association of the Deaf; |
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124 | | - | (4) Holds certification by the National Registry of Interpreters for the |
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125 | | - | Deaf; |
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126 | | - | (5) For situations requiring an oral interpreter only, holds oral |
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127 | | - | certification from the National Registry of Interpreters for the Deaf; Substitute House Bill No. 5230 |
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| 78 | + | business address, or both, contact information, including, but not 48 |
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| 79 | + | limited to, phone number, place of employment as interpreter and 49 |
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| 80 | + | interpreter certification or credentials. The department shall (1) issue 50 |
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| 81 | + | interpreter identification cards for those who register in accordance with 51 |
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| 82 | + | this section, and (2) maintain a current listing on its Internet web site of 52 |
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| 83 | + | such registered interpreters, categorized by interpreter settings for 53 |
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| 84 | + | which they are qualified. The department may also require 54 |
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| 85 | + | documentation of the registrant's training hours. The department shall 55 |
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| 86 | + | annually issue interpreter identification cards listing the type of settings 56 |
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| 87 | + | in which the registrant is qualified to interpret. The department shall 57 |
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| 88 | + | establish an Internet web page containing information about services for 58 |
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| 89 | + | deaf, deafblind and hard of hearing individuals. The department's 59 |
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| 90 | + | Internet web page shall include, but not be limited to, information 60 |
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| 91 | + | related to such services provided by the department and the 61 |
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| 92 | + | Departments of Social Services, Mental Health and Addiction Services 62 |
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| 93 | + | and Children and Families. 63 |
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| 94 | + | (c) [No] Except as provided in subsections (g) and (h) of this section, 64 |
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| 95 | + | no person shall provide interpreting services in the state, including in a 65 |
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| 96 | + | community setting, unless such person is registered with the 66 |
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| 97 | + | Department of Aging and Disability Services according to the 67 |
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| 98 | + | provisions of this section, holds recognized national or state interpreter 68 |
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| 99 | + | credentials determined by the department to be acceptable for 69 |
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| 100 | + | interpreting purposes where appropriate in Connecticut and has met at 70 |
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| 101 | + | least one of the following qualifications: 71 |
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| 102 | + | (1) (A) Has passed the National Registry of Interpreters for the Deaf 72 |
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| 103 | + | written generalist test or the National Association of the Deaf-National 73 |
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| 104 | + | Registry of Interpreters for the Deaf certification knowledge 74 |
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| 105 | + | examination, (B) holds a level three certification provided by the 75 |
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| 106 | + | National Association of the Deaf, and (C) (i) documents the achievement 76 |
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| 107 | + | of two continuing education units per year for a maximum of five years 77 |
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| 108 | + | of training approved by the Commissioner of Aging and Disability 78 |
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| 109 | + | Services, and (ii) on or before the fifth anniversary of having passed the 79 |
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| 110 | + | National Registry of Interpreters for the Deaf written generalist test or 80 Substitute Bill No. 5230 |
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131 | | - | (6) For situations requiring a cued speech transliterator only, holds |
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132 | | - | certification from the National Training, Evaluation and Certification |
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133 | | - | Unit and has passed the National Registry of Interpreters for the Deaf |
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134 | | - | written generalist test; |
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135 | | - | (7) Holds a reverse skills certificate or is a certified deaf interpreter |
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136 | | - | under the National Registry of Interpreters for the Deaf; |
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137 | | - | (8) Holds a National Association of the Deaf-National Registry of |
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138 | | - | Interpreters for the Deaf national interpreting certificate; or |
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139 | | - | (9) Holds the credential of Approved Deaf Interpreter, Approved |
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140 | | - | American Sign Language-English Interpreter, or Approved Sign |
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141 | | - | Language Transliterator by the Massachusetts Commission on the Deaf |
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142 | | - | and Hard of Hearing. |
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143 | | - | (d) No person shall provide interpreting services in a medical setting |
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144 | | - | unless such person is registered with the Department of Aging and |
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145 | | - | Disability Services according to the provisions of this section and holds |
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146 | | - | (1) a comprehensive skills certificate from the National Registry of |
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147 | | - | Interpreters for the Deaf, (2) a certificate of interpretation or a certificate |
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148 | | - | of transliteration from the National Registry of Interpreters for the Deaf, |
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149 | | - | (3) a level four or higher certification from the National Association of |
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150 | | - | the Deaf, (4) a reverse skills certificate or certification as a deaf |
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151 | | - | interpreter under the National Registry of Interpreters for the Deaf, (5) |
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152 | | - | for situations requiring an oral interpreter only, an oral certification |
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153 | | - | from the National Registry of Interpreters for the Deaf, (6) for situations |
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154 | | - | requiring a cued speech transliterator only, a certification from the |
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155 | | - | National Training, Evaluation and Certification Unit and has passed the |
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156 | | - | National Registry of Interpreters for the Deaf written generalist test, [or] |
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157 | | - | (7) a National Association of the Deaf-National Registry of Interpreters |
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158 | | - | for the Deaf national interpreting certificate, or (8) the credential of |
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159 | | - | Approved Deaf Interpreter by the Massachusetts Commission on the |
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160 | | - | Deaf and Hard of Hearing. Substitute House Bill No. 5230 |
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| 113 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230- |
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| 114 | + | R02-HB.docx } |
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| 115 | + | 4 of 11 |
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162 | | - | Public Act No. 22-31 6 of 11 |
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| 117 | + | the National Association of the Deaf-National Registry of Interpreters 81 |
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| 118 | + | for the Deaf certification knowledge examination, has passed the 82 |
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| 119 | + | National Registry of Interpreters for the Deaf performance examination 83 |
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| 120 | + | or the National Association of the Deaf-National Registry of Interpreters 84 |
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| 121 | + | for the Deaf national interpreter certification examination; 85 |
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| 122 | + | (2) (A) Has passed the National Registry of Interpreters for the Deaf 86 |
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| 123 | + | written generalist test or the National Association of the Deaf-National 87 |
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| 124 | + | Registry of Interpreters for the Deaf certification knowledge 88 |
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| 125 | + | examination, (B) is a graduate of an accredited interpreter training 89 |
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| 126 | + | program and documents the achievement of two continuing education 90 |
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| 127 | + | units per year for a maximum of five years of training approved by the 91 |
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| 128 | + | commissioner, and (C) on or before the fifth anniversary of having 92 |
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| 129 | + | passed the National Registry of Interpreters for the Deaf written 93 |
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| 130 | + | generalist test or the National Association of the Deaf-National Registry 94 |
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| 131 | + | of Interpreters for the Deaf certification knowledge examination, has 95 |
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| 132 | + | passed the National Registry of Interpreters for the Deaf performance 96 |
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| 133 | + | examination or the National Association of the Deaf-National Registry 97 |
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| 134 | + | of Interpreters for the Deaf national interpreter certification 98 |
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| 135 | + | examination; 99 |
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| 136 | + | (3) Holds a level four or higher certification from the National 100 |
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| 137 | + | Association of the Deaf; 101 |
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| 138 | + | (4) Holds certification by the National Registry of Interpreters for the 102 |
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| 139 | + | Deaf; 103 |
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| 140 | + | (5) For situations requiring an oral interpreter only, holds oral 104 |
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| 141 | + | certification from the National Registry of Interpreters for the Deaf; 105 |
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| 142 | + | (6) For situations requiring a cued speech transliterator only, holds 106 |
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| 143 | + | certification from the National Training, Evaluation and Certification 107 |
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| 144 | + | Unit and has passed the National Registry of Interpreters for the Deaf 108 |
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| 145 | + | written generalist test; 109 |
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| 146 | + | (7) Holds a reverse skills certificate or is a certified deaf interpreter 110 |
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| 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 |
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165 | | - | unless such person is registered with the Department of Aging and |
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166 | | - | Disability Services according to the provisions of this section and holds |
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167 | | - | (1) a comprehensive skills certificate from the National Registry of |
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168 | | - | Interpreters for the Deaf, (2) a certificate of interpretation and a |
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169 | | - | certificate of transliteration from the National Registry of Interpreters |
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170 | | - | for the Deaf, (3) a level five certification from the National Association |
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171 | | - | of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter |
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172 | | - | under the National Registry of Interpreters for the Deaf, (5) for |
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173 | | - | situations requiring an oral interpreter only, an oral certification from |
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174 | | - | the National Registry of Interpreters for the Deaf, (6) for situations |
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175 | | - | requiring a cued speech transliterator only, certification from the |
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176 | | - | National Training, Evaluation and Certification Unit and has passed the |
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177 | | - | National Registry of Interpreters for the Deaf written generalist test, [or] |
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178 | | - | (7) a National Association of the Deaf-National Registry of Interpreters |
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179 | | - | for the Deaf national interpreting certificate, or (8) the credential of |
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180 | | - | Approved Deaf Interpreter by the Massachusetts Commission on the |
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181 | | - | Deaf and Hard of Hearing. |
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182 | | - | (f) No person who is not registered as a qualified interpreter pursuant |
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183 | | - | to this section shall: |
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184 | | - | (1) Engage in the practice of or offer to engage in the practice of |
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185 | | - | interpreting for another person, an agency or an entity; |
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186 | | - | (2) Use the title "interpreter", "transliterator" or a similar title in |
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187 | | - | connection with services provided under his or her name; |
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188 | | - | (3) Present or identify himself or herself as an interpreter qualified to |
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189 | | - | engage in interpreting in this state; |
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190 | | - | (4) Use the title "interpreter", "transliterator" or a similar title in |
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191 | | - | advertisements or communications; or |
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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. |
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197 | | - | (g) The requirements of this section shall apply to persons who (1) |
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198 | | - | receive compensation for the provision of interpreting services, and (2) |
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199 | | - | provide interpreting services as part of their job duties. The |
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200 | | - | requirements of this section shall not apply to nonregistered individuals |
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201 | | - | such as family members and friends who voluntarily provide |
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202 | | - | interpreting services at the request of a deaf, [deaf-blind] deafblind or |
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203 | | - | hard of hearing person. |
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204 | | - | (h) The following individuals shall be exempt from the registration |
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205 | | - | requirements of this section: |
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206 | | - | (1) An individual interpreting at (A) a worship service conducted by |
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207 | | - | a religious entity, or (B) services for educational purposes conducted by |
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208 | | - | a religious entity or religiously affiliated school; |
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209 | | - | (2) An individual engaged in interpreting during an emergency |
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210 | | - | situation, when obtaining a registered interpreter or registered |
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211 | | - | transliterator could cause a delay that may lead to injury or loss to the |
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212 | | - | individual requiring the interpreting services, provided such |
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213 | | - | emergency assistance does not waive any communication access |
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214 | | - | requirements for any entity pursuant to the federal Americans with |
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215 | | - | Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both |
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216 | | - | may be amended from time to time; |
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217 | | - | (3) An individual engaged in interpreting as part of a supervised |
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218 | | - | internship or practicum in an interpreting program at an accredited |
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219 | | - | college or university or an interpreting mentorship program approved |
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220 | | - | by the department if (A) such interpreting is not in a legal, medical or |
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221 | | - | educational setting, or (B) the individual is accompanied by an |
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222 | | - | interpreter registered pursuant to this section; or |
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223 | | - | (4) An interpreter who is certified by a recognized national |
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224 | | - | professional certifying body such as the National Registry of Substitute House Bill No. 5230 |
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| 154 | + | (8) Holds a National Association of the Deaf-National Registry of 112 |
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| 155 | + | Interpreters for the Deaf national interpreting certificate; or 113 |
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| 156 | + | (9) Holds the credential of Approved Deaf Interpreter, Approved 114 |
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| 157 | + | American Sign Language-English Interpreter, or Approved Sign 115 |
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| 158 | + | Language Transliterator by the Massachusetts Commission on the Deaf 116 |
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| 159 | + | and Hard of Hearing. 117 |
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| 160 | + | (d) No person shall provide interpreting services in a medical setting 118 |
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| 161 | + | unless such person is registered with the Department of Aging and 119 |
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| 162 | + | Disability Services according to the provisions of this section and holds 120 |
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| 163 | + | (1) a comprehensive skills certificate from the National Registry of 121 |
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| 164 | + | Interpreters for the Deaf, (2) a certificate of interpretation or a certificate 122 |
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| 165 | + | of transliteration from the National Registry of Interpreters for the Deaf, 123 |
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| 166 | + | (3) a level four or higher certification from the National Association of 124 |
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| 167 | + | the Deaf, (4) a reverse skills certificate or certification as a deaf 125 |
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| 168 | + | interpreter under the National Registry of Interpreters for the Deaf, (5) 126 |
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| 169 | + | for situations requiring an oral interpreter only, an oral certification 127 |
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| 170 | + | from the National Registry of Interpreters for the Deaf, (6) for situations 128 |
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| 171 | + | requiring a cued speech transliterator only, a certification from the 129 |
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| 172 | + | National Training, Evaluation and Certification Unit and has passed the 130 |
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| 173 | + | National Registry of Interpreters for the Deaf written generalist test, [or] 131 |
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| 174 | + | (7) a National Association of the Deaf-National Registry of Interpreters 132 |
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| 175 | + | for the Deaf national interpreting certificate, or (8) the credential of 133 |
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| 176 | + | Approved Deaf Interpreter by the Massachusetts Commission on the 134 |
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| 177 | + | Deaf and Hard of Hearing. 135 |
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| 178 | + | (e) No person shall provide interpreting services in a legal setting 136 |
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| 179 | + | unless such person is registered with the Department of Aging and 137 |
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| 180 | + | Disability Services according to the provisions of this section and holds 138 |
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| 181 | + | (1) a comprehensive skills certificate from the National Registry of 139 |
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| 182 | + | Interpreters for the Deaf, (2) a certificate of interpretation and a 140 |
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| 183 | + | certificate of transliteration from the National Registry of Interpreters 141 |
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| 184 | + | for the Deaf, (3) a level five certification from the National Association 142 |
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| 185 | + | of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter 143 |
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| 186 | + | under the National Registry of Interpreters for the Deaf, (5) for 144 Substitute Bill No. 5230 |
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228 | | - | Interpreters for the Deaf or the National Association of the Deaf or a |
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229 | | - | recognized state professional certifying body from outside the state and |
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230 | | - | provides interpreting services in the state for a period of time not |
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231 | | - | exceeding fourteen days during a calendar year. |
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232 | | - | (i) Deaf, [deaf-blind] deafblind and hard of hearing persons may |
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233 | | - | exercise their right to request or use a different registered interpreter |
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234 | | - | than the interpreter provided to interpret for such persons in any |
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235 | | - | interpreting setting in accordance with a nationally recognized |
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236 | | - | interpreter code of professional conduct. |
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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 |
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239 | | - | section 46a-10b to serve as the state's protection and advocacy system |
---|
240 | | - | for persons with disabilities.] |
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241 | | - | (j) Any person who is not registered in accordance with this section |
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242 | | - | who represents himself or herself as an interpreter registered with the |
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243 | | - | Department of Aging and Disability Services, or who engages in wilful |
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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 |
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246 | | - | misdemeanor. Failure to renew such registration in a timely manner |
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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 |
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249 | | - | registration renewal not more than thirty days after such registration |
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250 | | - | has expired. |
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251 | | - | Sec. 2. Section 46a-34 of the 2022 supplement to the general statutes |
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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 |
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255 | | - | 46a-35: |
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256 | | - | (1) "Deaf person" means a person who has a hearing loss which is so Substitute House Bill No. 5230 |
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| 189 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230- |
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| 190 | + | R02-HB.docx } |
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| 191 | + | 6 of 11 |
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258 | | - | Public Act No. 22-31 9 of 11 |
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| 193 | + | situations requiring an oral interpreter only, an oral certification from 145 |
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| 194 | + | the National Registry of Interpreters for the Deaf, (6) for situations 146 |
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| 195 | + | requiring a cued speech transliterator only, certification from the 147 |
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| 196 | + | National Training, Evaluation and Certification Unit and has passed the 148 |
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| 197 | + | National Registry of Interpreters for the Deaf written generalist test, [or] 149 |
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| 198 | + | (7) a National Association of the Deaf-National Registry of Interpreters 150 |
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| 199 | + | for the Deaf national interpreting certificate, or (8) the credential of 151 |
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| 200 | + | Approved Deaf Interpreter by the Massachusetts Commission on the 152 |
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| 201 | + | Deaf and Hard of Hearing. 153 |
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| 202 | + | (f) No person who is not registered as a qualified interpreter pursuant 154 |
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| 203 | + | to this section shall: 155 |
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| 204 | + | (1) Engage in the practice of or offer to engage in the practice of 156 |
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| 205 | + | interpreting for another person, an agency or an entity; 157 |
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| 206 | + | (2) Use the title "interpreter", "transliterator" or a similar title in 158 |
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| 207 | + | connection with services provided under his or her name; 159 |
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| 208 | + | (3) Present or identify himself or herself as an interpreter qualified to 160 |
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| 209 | + | engage in interpreting in this state; 161 |
---|
| 210 | + | (4) Use the title "interpreter", "transliterator" or a similar title in 162 |
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| 211 | + | advertisements or communications; or 163 |
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| 212 | + | (5) Perform the function of or convey the impression that he or she is 164 |
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| 213 | + | an interpreter or transliterator. 165 |
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| 214 | + | (g) The requirements of this section shall apply to persons who (1) 166 |
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| 215 | + | receive compensation for the provision of interpreting services, and (2) 167 |
---|
| 216 | + | provide interpreting services as part of their job duties. The 168 |
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| 217 | + | requirements of this section shall not apply to nonregistered individuals 169 |
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| 218 | + | such as family members and friends who voluntarily provide 170 |
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| 219 | + | interpreting services at the request of a deaf, [deaf-blind] deafblind or 171 |
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| 220 | + | hard of hearing person. 172 |
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| 221 | + | (h) The following individuals shall be exempt from the registration 173 Substitute Bill No. 5230 |
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260 | | - | severe that the person has difficulty in processing linguistic information |
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261 | | - | through hearing, with or without amplification or other assistive |
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262 | | - | technology; |
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263 | | - | (2) "Deafblind person" means a person who has both a hearing loss |
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264 | | - | and a visual loss that present challenges in (A) processing linguistic |
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265 | | - | information through hearing and sight, and (B) functioning |
---|
266 | | - | independently as a sighted person without training; |
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267 | | - | (3) "Hard of hearing person" means a person who has a hearing loss, |
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268 | | - | whether permanent or fluctuating, which may be corrected by |
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269 | | - | amplification or other assistive technology or means but presents |
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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 |
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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 |
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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 |
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292 | | - | language, communication mode or style which is preferred by and most |
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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; |
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296 | | - | (9) "Culturally and linguistically affirmative mental health services" |
---|
297 | | - | means the provision of a full continuum of mental health services to a |
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298 | | - | deaf, deafblind or hard of hearing person through an appropriately |
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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 |
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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 |
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| 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 |
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| 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 |
---|
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. |
---|
| 261 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230- |
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| 262 | + | R02-HB.docx } |
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| 263 | + | 8 of 11 |
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| 264 | + | |
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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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| 296 | + | |
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| 297 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230- |
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| 298 | + | R02-HB.docx } |
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| 299 | + | 9 of 11 |
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| 300 | + | |
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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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| 333 | + | |
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| 334 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230- |
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| 335 | + | R02-HB.docx } |
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| 336 | + | 10 of 11 |
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| 337 | + | |
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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 | + | |
---|
| 370 | + | |
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| 371 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05230- |
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| 372 | + | R02-HB.docx } |
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| 373 | + | 11 of 11 |
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| 374 | + | |
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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 |
---|