HLS 17RS-587 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 253
BY REPRESENTATIVES SMITH, BAGLEY, CHANEY, COX, HENSGENS,
HOFFMANN, HORTON, JACKSON, JOHNSON, LEBAS, DUSTIN MILLER,
MORENO, RICHARD, SCHRODER, AND STAGNI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EXCEPTIONAL PERSONS: Revises terminology referring to the deaf and hard of hearing
1 AN ACT
2To amend and reenact R.S. 4:715(B)(2), R.S. 14:32(D)(3) and 39(D)(3), R.S. 17:43(B)(2)
3 and 1942(B), R.S. 21:51(C) and 52(A) and (B), R.S. 22:245, 1027(A), and
4 1038(C)(2)(a) and (E), R.S. 36:259(N), R.S. 37:2446.1(B)(7) and 2651(7)(b)(v)(hh),
5 R.S. 40:1580.1(A) and 2208, R.S. 42:1119(B)(2)(a)(i), R.S. 45:1355(A), the heading
6 of Chapter 30-A of Title 46 of the Louisiana Revised Statutes of 1950, R.S. 46:2261,
7 2262(A) and (C), 2262.1(introductory paragraph), (4), and (12), 2263(3), (4), and (6)
8 through (8), 2264(A), (C), and (D), 2265(A)(introductory paragraph), (9), and (10),
9 2266(1) and (3) through (5), 2352(7)(a) and (10)(a)(introductory paragraph), 2361,
10 2362(2) through (6), 2363 through 2365, 2367, 2368(B), and 2372, R.S.
11 47:6301(A)(3), and Code of Criminal Procedure Article 401.1(B)(introductory
12 paragraph), relative to terminology referring to the deaf and hard of hearing; to
13 delete and make substitutions for terms which are derogatory, inaccurate, or
14 obsolete; to provide for consistency in usage of terms referring to the deaf and hard
15 of hearing and to hearing loss; to provide for revision of terminology relative to the
16 deaf and hard of hearing in administrative rules, policy documents, professional
17 resources, reference materials, manuals, and other publications; to provide for
18 legislative intent; to provide for construction; and to provide for related matters.
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1Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S. 4:715(B)(2) is hereby amended and reenacted to read as follows:
3 §715. Personnel to hold games; commissions or salaries; equipment and supplies;
4 expenses
5 * * *
6 B.
7 * * *
8 (2) Notwithstanding any provision of law to the contrary, any person,
9 association, or corporation licensed to hold, operate, or conduct any games of chance
10 that benefit persons with visual or hearing impairments, hearing loss, paraplegia,
11 quadriplegia, intellectual disabilities, or persons sixty years of age or older, under
12 any license issued pursuant to this Chapter, may compensate for services rendered,
13 any fifteen employees who assist in the holding, operating, or conducting of such
14 games. The rate of compensation shall be no more than fifteen dollars per hour and
15 in any event shall not exceed ninety dollars per session for any employee. Each
16 employee or volunteer worker may also be provided meals and beverages to be eaten
17 on the premises not to exceed a total value of fifteen dollars per person.
18 Expenditures made under the provisions of this Subsection shall be subject to the
19 reporting provisions of R.S. 4:716. Compensation provided for in this Subsection
20 shall not constitute a violation of the prohibition against the payment or giving of a
21 commission, salary, compensation, reward, or recompense to any person holding,
22 operating, or conducting, or assisting in the holding, operation, or conduct of any
23 such game.
24 Section 2. R.S. 14:32(D)(3) and 39(D)(3) are hereby amended and reenacted to read
25as follows:
26 §32. Negligent homicide
27 * * *
28 D. The provisions of this Section shall not apply to:
29 * * *
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1 (3) Any guide or service dog trained at a qualified dog guide or service
2 school who is accompanying any blind person, visually impaired person, deaf
3 person, hearing impaired person who is deaf or hard of hearing, or person with any
4 other physical disability who is using the dog as a guide or for service.
5 * * *
6 §39. Negligent injuring
7 * * *
8 D. The provisions of this Section shall not apply to:
9 * * *
10 (3) Any guide or service dog trained at a qualified dog guide or service
11 school who is accompanying any blind person, visually impaired person, deaf
12 person, hearing impaired person who is deaf or hard of hearing, or person with any
13 other physical disability who is using the dog as a guide or for service.
14 * * *
15 Section 3. R.S. 17:43(B)(2) and 1942(B) are hereby amended and reenacted to read
16as follows:
17 §43. Special schools defined; benefits for certificated teachers; legislative policy
18 * * *
19 B.
20 * * *
21 (2) Teachers at the Louisiana Schools for the Deaf and Visually Impaired
22 may attain tenure in the educational program, either the educational program for the
23 hearing impaired deaf and hard of hearing or the educational program for the visually
24 impaired, for which they are certified. Teachers at the Louisiana Special Education
25 Center may attain tenure at the Louisiana Special Education Center. Teachers in
26 Special School Programs may attain tenure in Special School Programs.
27 * * *
28 §1942. Definitions
29 * * *
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1 B. A "student with an exceptionality", including a student with a disability,
2 is any student who is evaluated according to state and federal regulation or policy
3 and is deemed to have a mental disability, hearing impairment loss (including
4 deafness), multiple disabilities, deaf-blindness, speech or language impairment,
5 visual impairment (including blindness), emotional disturbance, orthopedic
6 impairment, other health impairment, specific learning disability, traumatic brain
7 injury, autism, or as deemed to be gifted or talented, and as a result requires special
8 education and related services. A student with an exceptionality may include, as
9 determined by the local education agency, a student experiencing developmental
10 delay ages three through eight.
11 * * *
12 Section 4. R.S. 21:51(C) and 52(A) and (B) are hereby amended and reenacted to
13read as follows:
14 §51. Pet animals; prohibitions relative to hotels and motels; penalty; exemptions
15 * * *
16 C. This Section shall not apply to guide dogs or service dogs used by blind
17 persons, visually impaired persons, deaf persons, hearing impaired persons who are
18 deaf or hard of hearing, and other persons with physical disabilities who have been
19 taught to use such dogs at a qualified dog guide or service school.
20 §52. Guide or service dog; rights and privileges of owners and trainers; penalties for
21 violations
22 A. Any blind person, visually impaired person, deaf person, hearing
23 impaired person who is deaf or hard of hearing, or person with any other physical
24 disability who is accompanied by a properly controlled dog which such person has
25 been taught to use as a guide or for service at a qualified dog guide or service school,
26 or any person who is qualified to provide training for a guide dog or service animal
27 and is accompanied by a guide dog in training, is entitled to the full and equal
28 accommodations, advantages, facilities, and privileges of all public accommodation,
29 amusement, or resort, and other places to which the general public is invited, and
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1 shall be entitled to take such dog into such conveyances and places, subject only to
2 the accommodations and limitations applicable to all persons not so accompanied,
3 provided that the dog shall not occupy a seat in any public conveyance.
4 B. Any person, firm, or corporation, or agent, representative, or employee
5 of any person, firm, or corporation who deprives any blind person, visually impaired
6 person, deaf person, hearing impaired person who is deaf or hard of hearing, or
7 person with any other physical disability, or any person who is accompanied by a
8 guide dog in training of any right conferred by Subsection A of this Section, shall be
9 deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum
10 not to exceed five hundred dollars, or be imprisoned in the parish jail for a period not
11 to exceed ninety days, or both, within the discretion of the judge; and for every such
12 offense such person shall forfeit and pay a sum not to exceed five hundred dollars
13 to any person aggrieved thereby, to be recovered in any court of competent
14 jurisdiction in the parish where such offense was committed.
15 * * *
16 Section 5. R.S. 22:245, 1027(A), and 1038(C)(2)(a) and (E) are hereby amended and
17reenacted to read as follows:
18 §245. Hearing impaired interpreter Interpreter services for the deaf and hard of
19 hearing; expenses; requirement
20 As a requirement for authorization to do business in this state pursuant to
21 R.S. 22:244, all health maintenance organizations shall provide coverage for
22 expenses incurred by any hearing impaired enrollee who is deaf or hard of hearing
23 for services performed by a qualified interpreter/transliterator, other than a family
24 member of the enrollee, when such services are used by the enrollee in connection
25 with medical treatment or diagnostic consultations performed by a health care
26 provider.
27 * * *
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1 §1027. Hearing-impaired interpreter Interpreter services for the deaf and hard of
2 hearing; expenses
3 A. Any hospital or medical expense insurance policy delivered or issued for
4 delivery in this state on or after December 1, 1991, shall contain a provision or
5 endorsement requiring payment for expenses incurred by the insured for services
6 performed by a qualified interpreter/transliterator, other than a family member of the
7 insured, when such services are used by the insured in connection with medical
8 treatment or diagnostic consultations performed by a physician, dentist, chiropractor,
9 or podiatrist, provided such medical treatment or consultation is covered under said
10 insurance policy and provided the services are required because of a hearing
11 impairment loss of the insured or a failure of the insured to understand or otherwise
12 communicate in spoken language.
13 * * *
14 §1038. Hearing aid coverage for minor child
15 * * *
16 C.
17 * * *
18 (2)(a) An entity subject to this Section may limit the benefit payable under
19 Paragraph (1) of this Subsection to one thousand and four hundred dollars per
20 hearing aid for each hearing-impaired ear with hearing loss every thirty-six months.
21 * * *
22 E. The provisions of this Section shall apply to any new policy, contract,
23 program, or plan issued by an entity subject to the provisions of this Section on or
24 after January 1, 2004. Any such policy, contract, program, or plan in effect prior to
25 January 1, 2004, shall convert to the provisions of this Section on or before the
26 renewal date but in no event later than January 1, 2005. Any policy affected by the
27 provisions of this Section shall apply to an insured or participant under such policy,
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1 contract, program, or plan whether or not the hearing impairment loss is a
2 pre-existing condition of the insured or participant.
3 * * *
4 Section 6. R.S. 36:259(N) is hereby amended and reenacted to read as follows:
5 §259. Transfer of agencies and functions to Louisiana Department of Health
6 * * *
7 N. The advisory council for the program of early identification of deaf or
8 hard of hearing impaired infants (R.S. 46:2261 et seq.) is placed within the Louisiana
9 Department of Health and shall exercise and perform its powers, duties, functions,
10 and responsibilities as provided by or pursuant to law.
11 * * *
12 Section 7. R.S. 37:2446.1(B)(7) and 2651(7)(b)(v)(hh) are hereby amended and
13reenacted to read as follows:
14 §2446.1. Continuing education requirement
15 * * *
16 B. Among those subjects which shall be approved by the board as categories
17 of study toward completion of the annual requirement of continuing education are:
18 * * *
19 (7) Allied professional disciplines relating to the hearing impaired deaf or
20 hard of hearing and hearing aid devices may be approved by the board.
21 * * *
22 §2651. Definitions
23 As used in this Chapter:
24 * * *
25 (7)
26 * * *
27 (b) An individual who meets the requirements of this Chapter for licensure
28 as an audiologist and who engages in the fitting and selling of hearing aids shall:
29 * * *
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1 (v) Provide documentation of completion of at least thirty semester credit
2 hours of professional coursework, twenty-one hours of which shall be in audiology.
3 A minimum of six semester credit hours shall be in specific areas in amplification,
4 including:
5 * * *
6 (hh) Rehabilitative procedures, such as hearing aid orientation, counseling
7 of hearing impaired individuals who are deaf or hard of hearing and their families,
8 speechreading, and auditory training.
9 * * *
10 Section 8. R.S. 40:1580.1(A) and 2208 are hereby amended and reenacted to read
11as follows:
12 §1580.1. Fire alarms; hotel or motel rooms
13 A. Every new or renovated hotel or motel room shall have sleeping rooms
14 equipped with approved fire detection and alarm systems for the deaf or hard of
15 hearing impaired in case of fire in accordance with the requirements of Section 9 of
16 the Americans with Disabilities Act Accessibility Guidelines (ADAAG) table 9.1.2
17 and 9.1.3.
18 * * *
19 §2208. Hearing impaired interpreter Interpreter services for the deaf and hard of
20 hearing; expenses; coverage
21 As a requirement for authorization to do business in this state pursuant to
22 R.S. 40:2203, all preferred provider organizations shall provide coverage for
23 expenses incurred by any hearing impaired covered patient who is deaf or hard of
24 hearing for services performed by a qualified interpreter/translator, other than a
25 family member of the covered patient, when such services are used by the covered
26 patient in connection with medical treatment or diagnostic consultations performed
27 by the health care provider.
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1 Section 9. R.S. 42:1119(B)(2)(a)(i) is hereby amended and reenacted to read as
2follows:
3 §1119. Nepotism
4 * * *
5 B.
6 * * *
7 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection:
8 (a)(i) Any local school board may employ any member of the immediate
9 family of any board member or of the superintendent as a classroom teacher
10 provided that such family member is certified to teach or is temporarily authorized
11 to teach while pursuing certification. Any local school board in a parish having a
12 population of fewer than sixty thousand according to the latest federal decennial
13 census may employ any member of the immediate family of any board member or
14 of the superintendent as a special education related services professional provided
15 that such family member is licensed in an appropriate field for special education
16 related services and such family member is the only applicant who meets the
17 qualifications for the position set by the school board who has applied for the
18 position after it has been advertised for at least thirty days in the official journal of
19 the school board. A special education related services professional shall include the
20 following when employed to provide special education services: a social worker,
21 occupational therapist, physical therapist, speech therapist/pathologist, teacher of
22 hearing impaired students who are deaf or hard of hearing, teacher of visually
23 impaired students, or nurse. Any school board member or superintendent whose
24 immediate family member is employed by the school board shall recuse himself
25 from any decision involving the promotion or assignment of teaching or service
26 location of such employee.
27 * * *
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1 Section 10. R.S. 45:1355(A) is hereby amended and reenacted to read as follows:
2 §1355. Disasters; deaf and hearing-impaired hard of hearing persons informed
3 A. During any time of a disaster, or threat of a disaster, television stations
4 shall transmit information or instructions in connection with the disaster, or threat
5 of disaster, to the deaf and hearing-impaired persons hard of hearing by scrolling or
6 other appropriate means of communication in order to provide such persons with the
7 same information or instructions as is provided to hearing persons.
8 * * *
9 Section 11. The heading of Chapter 30-A of Title 46 of the Louisiana Revised
10Statutes of 1950, R.S. 46:2261, 2262(A) and (C), 2262.1(introductory paragraph), (4), and
11(12), 2263(3), (4), and (6) through (8), 2264(A), (C), and (D), 2265(A)(introductory
12paragraph), (9), and (10), 2266(1) and (3) through (5), 2352(7)(a) and (10)(a)(introductory
13paragraph), 2361, 2362(2) through (6), 2363 through 2365, 2367, 2368(B), and 2372 are
14hereby amended and reenacted to read as follows:
15 CHAPTER 30-A. IDENTIFICATION OF HEARING
16 IMPAIRMENT LOSS IN INFANTS LAW
17 §2261. Short title
18 This Chapter may be cited as the "Identification of Hearing Impairment Loss
19 in Infants Law".
20 §2262. Purpose
21 A. The purpose of the program for early identification of hearing impairment
22 loss is to identify hearing impaired deaf or hard of hearing infants at the earliest
23 possible time so that medical treatment, early audiological evaluation, selection of
24 amplification, and early educational intervention can be provided.
25 * * *
26 C. Early identification and management of the hearing impaired deaf or hard
27 of hearing infant are essential if that infant is to acquire the vital language and speech
28 skills needed to achieve maximum potential educationally, emotionally, and socially.
29 * * *
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1 §2262.1. Bill of Rights
2 In order to insure ensure that children who are deaf or hard of hearing
3 impaired have the same rights and potential to become independent and self-
4 actualizing as children who are not deaf or hard of hearing impaired, the Deaf Child's
5 Bill of Rights is established so that children who are deaf or hard of hearing impaired
6 are entitled:
7 * * *
8 (4) To adult role models who are deaf or hard of hearing impaired.
9 * * *
10 (12) Where appropriate, to have deaf and hard of hearing impaired adults
11 directly involved in determining the extent, content, and purpose of all programs that
12 affect their education.
13 §2263. Definitions
14 Except where the context clearly indicates otherwise, in this Chapter:
15 * * *
16 (3) "Hearing impaired Deaf or hard of hearing infant" means an infant who
17 has a disorder of the auditory system of any type or degree, causing a hearing
18 impairment hearing loss sufficient to interfere with the development of language and
19 speech skills. The term "hearing impaired infant" includes both deaf and hard-of-
20 hearing infants.
21 (4) "Infants at risk" "Infants susceptible to a hearing disability" means those
22 infants who are at risk for susceptible to hearing impairment loss because they have
23 one or more risk factors.
24 * * *
25 (6) "Program" means the program that the office of public health establishes
26 to provide for the early identification and follow-up of infants at risk susceptible to
27 a hearing disability, of deaf or hard of hearing impaired infants, and of infants who
28 have a risk factor for developing a progressive hearing impairment loss.
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1 (7)(a) "Risk factors" means those criteria or factors, any one of which
2 identifies an infant as being at risk for susceptible to hearing impairment loss.
3 (a) (b) The risk factors that identify those neonates, infants from birth
4 through the first twenty-eight days, who are at risk for susceptible to sensorineural
5 hearing impairment loss include the following:
6 (i) Family history of congenital or delayed onset childhood sensorineural
7 impairment.
8 (ii) Congenital infection known or suspected to be associated with
9 sensorineural hearing impairment loss such as toxoplasmosis, syphilis, rubella,
10 cytomegalovirus, and herpes.
11 (iii) Craniofacial anomalies including morphologic abnormalities of the
12 pinna and ear canal, absent philtrum, low hairline, et cetera.
13 (iv) Birth weight less than one thousand five hundred grams or less than
14 three and three tenths pounds.
15 (v) Hyperbilirubinemia at a level exceeding indication for exchange
16 transfusion.
17 (vi) Ototoxic medications, including but not limited to the aminoglycosides
18 used for more than five days, such as gentamicin, tobramycin, kanamycin,
19 streptomycin, and loop diuretics used in combination with aminoglycosides.
20 (vii) Bacterial meningitis.
21 (viii) Severe depression at birth, which may include infants with Apgar
22 scores of zero to three at five minutes or those who fail to initiate spontaneous
23 respiration by ten minutes or those with hypotonia persisting to two hours of age.
24 (ix) Prolonged mechanical ventilation for a duration equal to or greater than
25 ten days, such as persistent pulmonary hypertension.
26 (x) Stigmata or other findings associated with a syndrome known to include
27 sensorineural hearing loss, such as Waardenburg or Usher's Syndrome.
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1 (xi) Other risk factors added or deleted by the office of public health upon
2 recommendation of the advisory council for early identification of deaf or hard of
3 hearing impaired children.
4 (b) (c) The factors that identify those infants aged twenty-nine days to two
5 years who are at risk for susceptible to sensorineural hearing impairment loss include
6 the following:
7 (i) Parent or caregiver concerns regarding hearing, speech, language, or
8 and/or developmental delay.
9 (ii) Bacterial meningitis.
10 (iii) Neonatal risk factors that may be associated with progressive
11 sensorineural hearing loss, such as cytomegalovirus, prolonged mechanical
12 ventilation, and inherited disorders.
13 (iv) Head trauma, especially with either longitudinal or transverse fracture
14 of the temporal bone.
15 (v) Stigmata or other findings associated with syndromes known to include
16 sensorineural hearing loss, such as Waardenburg or Usher's Syndrome.
17 (vi) Ototoxic medications, including but not limited to the aminoglycosides
18 used for more than five days, such as gentamicin, tobramycin, kanamycin,
19 streptomycin, and loop diuretics used in combination with aminoglycosides.
20 (vii) Neurodegenerative disorders such as neurofibromatosis, myoclonic
21 epilepsy, Werdnig-Hoffman disease, Tay-Sach's disease, infantile Gaucher's disease,
22 Nieman-Pick disease, any metachromatic leukodystrophy, or any infantile
23 demyelinating neuropathy.
24 (viii) Childhood infectious diseases known to be associated with
25 sensorineural hearing loss, such as mumps or measles.
26 (ix) Other risk factors added or deleted by the office of public health upon
27 recommendation of the advisory council for early identification of deaf or hard of
28 hearing impaired children.
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1 (8) "Screening for hearing impairment loss" means employing a device for
2 identifying whether an infant has a disorder of the auditory system, but may not
3 necessarily provide a comprehensive determination of hearing thresholds in the
4 speech range. Procedures may include auditory brainstem response (ABR)
5 screening, or evoked otoacoustic emissions (EOAE) screening, or and other devices
6 approved by the office upon recommendation of the advisory council.
7 §2264. Identification of hearing impairment loss in infants
8 A. The office of public health in the Louisiana Department of Health shall
9 establish, in consultation with the advice of the Louisiana Commission for the Deaf
10 and the advisory council created in R.S. 46:2265, a program for the early
11 identification and follow-up of infants at risk infants susceptible to a hearing
12 disability, deaf or hard of hearing impaired infants, and infants at risk of susceptible
13 to developing a progressive hearing impairment loss. That The program shall, at a
14 minimum:
15 (1) Develop criteria or factors to identify those infants at risk for hearing
16 impairment and infants at risk of developing a progressive hearing impairment who
17 are likely deaf or hard of hearing and infants who may develop a progressive hearing
18 loss, including the risk factors set forth in this Chapter, and develop an at-risk a
19 susceptibility questionnaire for infant hearing loss.
20 (2) Create an at-risk a susceptibility registry to include, but not be limited to,
21 the identification of infants at risk for susceptible to hearing impairment loss, deaf
22 or hard of hearing impaired infants, and infants at risk of susceptible to developing
23 a progressive hearing impairment loss.
24 (3) Provide to the hospitals and other birthing sites the at-risk susceptibility
25 questionnaire for infant hearing loss and require that the form be completed for any
26 newborn prior to discharge from the hospital or other birthing site. As to infants at
27 risk infants susceptible to a hearing disability, copies of the completed at-risk
28 susceptibility questionnaire shall be distributed to the at-risk susceptibility registry
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1 of the office, the parent or guardian, and, if known, the infant's primary care
2 physician and the provider of audiological services.
3 (4) Require for all newborn infants that the hospital of birth or that hospital
4 to which the newborn infant may be transferred provide screening for hearing
5 impairment loss by auditory brainstem response (ABR) screening, or evoked
6 otoacoustic emissions (EOAE) screening, or any other screening device approved by
7 the office before discharge. The results of that screening for hearing impairment loss
8 shall be provided to the at-risk susceptibility registry of the office of public health,
9 the parent or guardian, and if known, the primary care physician and the provider of
10 audiological services.
11 (5) Develop and provide to the hospitals or other birthing sites appropriate
12 written materials regarding hearing impairment loss, and require that the hospitals
13 or other birthing sites provide this written material to all parents or guardians of
14 newborn infants.
15 (6) Develop methods to contact parents or guardians of infants at risk infants
16 susceptible to a hearing disability, of deaf or hard of hearing impaired infants, and
17 of infants at risk of susceptible to developing a progressive hearing impairment loss.
18 (7) Establish a telephone hotline to communicate information about hearing
19 impairment loss, hearing screening, audiological evaluation, and other services for
20 deaf or hard of hearing impaired infants.
21 (8) Provide that when a screening for hearing impairment indicates a hearing
22 loss, audiological evaluation shall be done as soon as practical. The parents or
23 guardians of the infant shall be provided with information on locations at which
24 medical and audiological follow up can be obtained.
25 * * *
26 C. The office shall develop a system for the collection of data, determine the
27 cost-effectiveness of the program, and disseminate statistical reports to the Louisiana
28 Commission for the Deaf.
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1 D. The office, in cooperation with the state Department of Education, shall
2 develop a plan to coordinate early educational and audiological services for infants
3 identified as deaf or hard of hearing impaired.
4 * * *
5 §2265. Advisory council creation; membership; terms; quorum; compensation
6 A. There is hereby created an advisory council for the program of early
7 identification of deaf or hard of hearing impaired infants. The council shall consist
8 of fourteen members as follows:
9 * * *
10 (9) A parent of an oral hearing impaired who chose the oral method for their
11 deaf or hard of hearing child.
12 (10) A parent of a deaf or hard of hearing impaired child utilizing total
13 communication.
14 * * *
15 §2266. Powers, duties, functions of the advisory council
16 The advisory council shall:
17 (1) Advise and recommend risk factors or criteria for infants who are at risk
18 of hearing impairments and infants at risk of developing a progressive hearing
19 impairment likely deaf or hard of hearing and infants who may develop a progressive
20 hearing loss.
21 * * *
22 (3) Advise the office as to integrating the program for early identification of
23 deaf or hard of hearing impaired infants with existing medical, audiological, and
24 early infant education programs.
25 (4) Advise the office as to materials to be distributed to the public
26 concerning deaf or hard of hearing impaired infants.
27 (5) Advise the office on the implementation of the program for early
28 identification and follow up of infants at risk infants susceptible to a hearing
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1 disability, deaf or hard of hearing impaired infants, and infants who are at risk of
2 developing a progressive hearing impairment loss.
3 * * *
4 §2352. Duties
5 The commission shall:
6 * * *
7 (7) Certify interpreters and maintain a registry of certified interpreters. The
8 commission shall promulgate rules for the examination of applicants for certification
9 and the issuance of certificates. Such rules shall be subject to legislative oversight
10 review pursuant to the Administrative Procedure Act and shall be subject to the
11 following limitations:
12 (a) The commission shall not promulgate any rule or regulation which denies
13 a hearing-impaired deaf or hard of hearing person's right to choose his interpreter.
14 * * *
15 (10)(a) Establish, administer, and promote a statewide program to provide
16 access to all public telecommunications services by persons who are deaf, deaf-blind,
17 and others such as severely hearing impaired persons with severe hearing loss or
18 severely speech impaired severe speech impairments. This program shall include but
19 is not limited to:
20 * * *
21 §2361. Purpose
22 It is the policy of this state to secure the rights of persons with hearing
23 impairments loss who cannot readily understand or communicate in spoken
24 languages and who consequently cannot equally participate in or benefit from
25 proceedings, programs, and activities of the courts, legislative bodies, administrative
26 agencies, licensing commissions, departments, and boards of the state and its
27 subdivisions unless qualified interpreters/transliterators are available to facilitate
28 communication.
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1 §2362. Definitions
2 As used in this Chapter:
3 * * *
4 (2) A "hearing-impaired person who is deaf or hard of hearing" means a
5 person who, because of a hearing impairment loss, has difficulty understanding the
6 communication occurring.
7 (3) "Interpreter/transliterator" means a facilitator of communication among
8 persons with hearing and hearing-impaired persons who are deaf or hard of hearing
9 as provided in R.S. 46:2365 and R.S. 46:2368.
10 (4) "Intermediary interpreter/transliterator" means any person, including any
11 hearing-impaired person who is deaf or hard of hearing, who is able to assist in
12 providing an accurate interpretation between spoken English and sign language or
13 between variants of sign language by acting as an intermediary between a hearing-
14 impaired person who is deaf or hard of hearing and a qualified
15 interpreter/transliterator. The intermediary interpreter/transliterator may be needed
16 for non-manual hearing-impaired persons who are deaf or hard of hearing and shall
17 be provided.
18 (5) "Qualified interpreter/transliterator" means any person certified by the
19 Registry of Interpreters for the Deaf, or in the event an interpreter/transliterator so
20 certified is not available, one whose qualifications are such that he is able to
21 accurately communicate with and convey information to and from the hearing-
22 impaired person who is deaf or hard of hearing.
23 (6) "Quasi-judicial proceeding" means any proceeding of a public
24 administrative office or body which is required to investigate facts, ascertain the
25 existence of facts, hold hearings, and draw conclusions from them as a basis for their
26 official action, and to exercise discretion of a judicial nature.
27 §2363. Waiver
28 The right of a hearing-impaired person who is deaf or hard of hearing to the
29 services of an interpreter/transliterator may not be waived except by a hearing-
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1 impaired person who is deaf or hard of hearing who requests a waiver. The failure
2 of the hearing-impaired person who is deaf or hard of hearing to request the services
3 of an interpreter/transliterator is not deemed a waiver of that right.
4 §2364. Interpreter/transliterator required
5 A. Whenever a hearing-impaired person who is deaf or hard of hearing is a
6 party or witness at any stage involving direct communication with hearing-impaired
7 persons who are deaf or hard of hearing or his legal representative or custodian
8 during any judicial or quasi-judicial proceeding in this state or in its political
9 subdivisions, including but not limited to proceedings of civil and criminal court,
10 grand jury, before a magistrate, juvenile, adoption, mental health commitment, and
11 any proceeding in which a hearing-impaired person who is deaf or hard of hearing
12 may be subjected to confinement or criminal sanction, the appointing authority shall
13 appoint and pay for a qualified interpreter/transliterator to interpret or transliterate
14 the proceedings to the hearing-impaired person who is deaf or hard of hearing and
15 to interpret or transliterate the hearing-impaired person's testimony of the person who
16 is deaf or hard of hearing.
17 B. Whenever a juvenile whose parent is hearing-impaired deaf or hard of
18 hearing is brought before a court for any reason, the court shall appoint and pay for
19 a qualified interpreter/transliterator to interpret or transliterate the proceedings to the
20 hearing-impaired deaf or hard of hearing parent and to interpret or transliterate the
21 hearing-impaired that parent's testimony.
22 C. If any hearing or proceeding of any department, board, licensing
23 authority, commission, or administrative agency of the state or of its political
24 subdivision is held, the appointing authority shall appoint and pay for a qualified
25 interpreter/transliterator for hearing-impaired deaf or hard of hearing participants.
26 D. Whenever a hearing-impaired person who is deaf or hard of hearing is a
27 witness before any legislative committee or subcommittee, or legislative research or
28 study committee or subcommittee or commission authorized by the state legislature
29 or by the legislative body of any political subdivision of the state, the appointing
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1 authority shall appoint and pay for a qualified interpreter/transliterator to
2 interpret/transliterate the proceedings to the hearing-impaired person who is deaf or
3 hard of hearing and to interpret/transliterate the hearing-impaired that person's
4 testimony.
5 E.(1) Whenever a hearing-impaired person who is deaf or hard of hearing is
6 arrested for an alleged violation of a criminal law, including a local ordinance, the
7 arresting officer shall procure and the court with jurisdiction over the alleged
8 violation shall pay for a qualified interpreter/transliterator for any interrogation,
9 warning, notification of rights, or taking of a statement.
10 (2) No hearing-impaired person who is deaf or hard of hearing who has been
11 arrested and who is otherwise eligible for release shall be held in custody pending
12 arrival of an interpreter/transliterator.
13 (3) No answer, statement, or admission, written or oral, made by a hearing-
14 impaired person who is deaf or hard of hearing in reply to a question of a law
15 enforcement officer or any other person having a prosecutorial function in any
16 criminal proceeding may be used against that hearing-impaired person who is deaf
17 or hard of hearing unless either the statement was made or elicited through a
18 qualified interpreter/transliterator and was made knowingly, voluntarily, and
19 intelligently or, in the case of waiver of interpreters/transliterators, unless the court
20 makes a special finding that any statement made by the hearing-impaired person who
21 is deaf or hard of hearing was made knowingly, voluntarily, and intelligently.
22 F. Where it is the policy and practice of a court of this state or of its political
23 subdivisions to appoint counsel for indigent persons, the appointing authority shall
24 appoint and pay for a qualified interpreter/transliterator for hearing-impaired indigent
25 people who are deaf or hard of hearing to assist in communication with counsel in
26 all phases of the preparation and presentation of the case.
27 §2365. Determination of interpreter's/transliterator's qualifications
28 A. Before appointing an interpreter/transliterator, the appointing authority
29 shall make a preliminary determination, based on the hearing-impaired person's
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1 needs, the certification of an interpreter/transliterator needs of the person who is deaf
2 or hard of hearing and upon the recommendation of the Louisiana Commission for
3 the Deaf. If the interpreter/transliterator is not able to facilitate effective
4 communication with the hearing-impaired person who is deaf or hard of hearing, the
5 appointing authority shall provide another qualified interpreter/transliterator.
6 B. Upon request of the person for whom the interpreter/transliterator is
7 appointed, or on the appointing authority's own motion, an interpreter/transliterator
8 may be removed for the inability to communicate with the hearing-impaired person
9 who is deaf or hard of hearing, or if, for reasonable cause, another
10 interpreter/transliterator is so desired by the hearing-impaired person who is deaf or
11 hard of hearing for whom the interpreter/transliterator is serving.
12 * * *
13 §2367. Interpreter/transliterator in full view
14 Whenever an interpreter/transliterator is required to be appointed under this
15 Chapter, the appointing authority shall not commence proceedings until the
16 appointed interpreter/transliterator is in full view of and spatially situated to assure
17 effective communication with the hearing-impaired deaf or hard of hearing
18 participant.
19 §2368. Coordination of interpreter/transliterator requests
20 * * *
21 B. Whenever an interpreter/transliterator is required pursuant to this Chapter,
22 the appointing authority shall use one of the interpreters/transliterators on the
23 Louisiana Commission for the Deaf list. If none of the listed
24 interpreters/transliterators is available or is able to provide effective communication
25 with the particular hearing-impaired person who is deaf or hard of hearing, then the
26 appointing authority shall appoint any other person who is able to accurately
27 communicate with and convey information to and from the particular hearing-
28 impaired person involved who is deaf or hard of hearing.
29 * * *
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1 §2372. Visual recording
2 The appointing authority, on his own motion or on the motion of a party to
3 the proceedings, may order that the testimony of the hearing-impaired person who
4 is deaf or hard of hearing and the interpretation/transliteration thereof be
5 electronically or visually recorded for use in verification of the official transcript of
6 the proceedings.
7 Section 12. R.S. 47:6301(A)(3) is hereby amended and reenacted to read as follows:
8 §6301. Rebates; donations to school tuition organizations
9 A.
10 * * *
11 (3) In order for a donation from a taxpayer to qualify for the rebate, the
12 donation shall be used by the school tuition organization to provide scholarships for
13 tuition and fees for students to attend a qualified school in accordance with the
14 provisions of this Section. No more than five percent of a donation shall be used by
15 the school tuition organization for administrative or promotional costs. No
16 scholarship shall be designated, referred to, or in any way named after a private
17 entity nor shall any donation be earmarked by a donor to provide a scholarship for
18 a particular qualified student or a particular qualified school. However this
19 Paragraph shall not prohibit a donation being earmarked for a student with a
20 disability. A student shall be considered to have a disability if such student is
21 evaluated according to state and federal regulation or policy and is deemed to have
22 a mental disability, hearing impairment loss (including deafness), multiple
23 disabilities, deaf-blindness, speech or language impairment, visual impairment
24 (including blindness), emotional disturbance, orthopedic impairment, other health
25 impairment, specific learning disability, traumatic brain injury, dyslexia and related
26 disorders, or autism, and as a result requires special education and related services.
27 * * *
28 Section 13. Code of Criminal Procedure Article 401.1(B)(introductory paragraph)
29is hereby amended and reenacted to read as follows:
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1 Art. 401.1. Court instructions for interpreter
2 * * *
3 B. When a deaf or hard of hearing or hearing impaired person is summoned
4 for jury duty, the court shall:
5 * * *
6 Section 14.(A) The legislature hereby finds that language used to refer to persons
7with disabilities and other persons with exceptionalities shapes and reflects attitudes toward
8and perceptions of those persons by society.
9 (B) It is hereby declared that the intent of the legislature is to delete from the
10lawbodies of this state terms that convey negative or derogatory perceptions of persons with
11disabilities and other persons with exceptionalities. Accordingly, the intent of the legislature
12is to provide in this Act for establishment of terminology in law referring to the deaf and
13hard of hearing that is more appropriate than the terminology replaced herein, and which
14conveys no indignity toward persons with hearing loss.
15 (C) It is the intent of the legislature that no provision of this Act shall alter or affect
16in any way the substance, interpretation, or application of any present law or administrative
17rule.
18 (D) Nothing in this Act shall be construed to expand or diminish any right of or
19benefit for any person provided by any existing law or administrative rule.
20 Section 15.(A) Each agency, board, commission, department, office, and other
21instrumentality of the state to which the legislature has delegated authority to promulgate
22rules and regulations in accordance with the Administrative Procedure Act, R.S. 49:950 et
23seq., is hereby authorized and requested to employ the preferred terminology enacted in
24Sections 1 through 13 of this Act for referring to the deaf and hard of hearing and to hearing
25loss in duly promulgated administrative rules, policy publications, and materials published
26in paper format or electronically, whether for internal use or public use, including but not
27limited to informational brochures, resource guides, reference materials, manuals, and the
28content of any Internet website or other electronic media. The provisions of this Section
29shall apply prospectively; however, nothing herein shall be construed to limit any agency,
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1board, commission, department, office, or other instrumentality of the state from amending
2existing administrative rules for the purpose of instituting the preferred terminology
3provided for in this Act.
4 (B) The legislative services offices of the House of Representatives and the Senate
5are hereby authorized and requested to publish guidance in legislative drafting manuals and
6in any other professional resources as those offices may deem appropriate concerning use
7of the preferred terminology for referring to the deaf and hard of hearing and to hearing loss
8provided for in this Act.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 253 Engrossed 2017 Regular Session Smith
Abstract: Revises terminology referring to the deaf and persons who are hard of hearing
by deleting and making substitutions for derogatory, inaccurate, and obsolete terms.
Proposed law revises terminology in present law referring to the deaf and persons who are
hard of hearing by deleting and making substitutions for derogatory, inaccurate, and obsolete
terms.
Proposed law provides for the following changes in terminology throughout present law:
(1)Proposed law changes "deaf person" and "hearing-impaired person" to "the deaf and
hard of hearing".
(2)Proposed law changes "the hearing-impaired" to "the deaf or hard of hearing".
(3)Proposed law changes "hearing impairment" to "hearing loss".
Proposed law provides for the following changes to terminology in present law relative to
identification of hearing loss in infants:
(1)Proposed law changes "infants at risk" to "infants susceptible to a hearing disability".
(2)Proposed law changes "at-risk", when referring to a person, to "susceptible".
(3)Proposed law changes "at-risk questionnaire" and "at-risk registry" to "susceptibility
questionnaire" and "susceptibility registry", respectively.
Proposed law provides for revision of terminology relative to the deaf and hard of hearing
in administrative rules, policy documents, professional resources, reference materials,
manuals, and other governmental publications.
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Proposed law sets forth the following legislative findings and declarations of intent:
(1)Language used to refer to persons with disabilities and other persons with
exceptionalities shapes and reflects attitudes toward and perceptions of those persons
by society.
(2)The legislature intends to delete from present law terms that convey negative or
derogatory perceptions of persons with disabilities and other persons with
exceptionalities, and to provide through proposed law for appropriate terminology
which conveys no indignity toward persons with hearing loss.
(3)The legislature intends that no provision of proposed law shall alter or affect in any
way the substance, interpretation, or application of present law or present
administrative code.
Proposed law stipulates that nothing in proposed law shall be construed to expand or
diminish any right of or benefit for any person provided by present law or present
administrative code.
(Amends R.S. 4:715(B)(2), R.S. 14:32(D)(3) and 39(D)(3), R.S. 17:43(B)(2) and 1942(B),
R.S. 21:51(C) and 52(A) and (B), R.S. 22:245, 1027(A), and 1038(C)(2)(a) and (E), R.S.
36:259(N), R.S. 37:2446.1(B)(7) and 2651(7)(b)(v)(hh), R.S. 40:1580.1(A) and 2208, R.S.
42:1119(B)(2)(a)(i), R.S. 45:1355(A), the heading of Ch. 30-A of Title 46 of the Louisiana
Revised Statutes of 1950, R.S. 46:2261, 2262(A) and (C), 2262.1(intro. para.), (4), and (12),
2263(3), (4), and (6)-(8), 2264(A), (C), and (D), 2265(A)(intro. para.), (9), and (10), 2266(1)
and (3)-(5), 2352(7)(a) and (10)(a)(intro. para.), 2361, 2362(2)-(6), 2363-2365, 2367,
2368(B), and 2372, R.S. 47:6301(A)(3), and C.Cr.P. Art.401.1(B)(intro. para.))
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