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2022 Regular Session
SENATE BILL NO. 98
BY SENATORS HEWITT, BARROW, HENSGENS, LUNEAU AND MIZELL
HEALTH DEPARTMENT. Provides relative to the Louisiana Commission for the Deaf.
(See Act)
1 AN ACT
2 To amend and reenact R.S. 46:2351 through 2354, to enact R.S. 46:2355, and to repeal R.S.
3 46:2356, relative to the Louisiana Commission for the Deaf; to provide for
4 definitions; to provide for the Louisiana Commission for the Deaf; to provide for a
5 governing board; to provide for commission employees; to provide for commission
6 funds; to provide for an effective date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 46:2351 through 2354 are hereby amended and reenacted and R.S.
9 46:2355 is hereby enacted to read as follows:
10 §2351. Definitions
11 As used in this Chapter, the following definitions apply:
12 (1) "Board" means the group of individuals named or appointed to
13 inform and support the work of the Louisiana Commission for the Deaf
14 pursuant to R.S. 46:2352.
15 (2) ''Commission'' means the Louisiana Commission for the Deaf.
16 (3) "Deaf" means a condition of or person with some or complete
17 absence of auditory sensitivity, regardless of when the hearing loss occurred,
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1 and is most often represented with a lowercase letter "d". Methods of
2 communication may include American Sign Language or spoken English. The
3 term "Deaf" when written or expressed with an uppercase letter “D”,
4 specifically refers to a group of deaf individuals who identify as a cultural and
5 linguistic minority with specific languages, namely visual or tactile methods of
6 communication, and social mores.
7 (4) "DeafBlind" means a condition of or person with concomitant visual
8 and auditory sensitivity to the extent that it causes extreme difficulty in gaining
9 independence in daily life activities, achieving psycho-social adjustments, or
10 obtaining a vocation.
11 (5) "Department" means the Louisiana Department of Health.
12 (6) "Hard of hearing" means a condition of or person with total or
13 partial inability to hear sound, but not to the extent that the person must rely
14 primarily on visual communication.
15 (7) "Hearing" means any person who has average to above hearing
16 levels.
17 (8) "Interpreter" means an individual involved in the process of
18 interpreting or transliterating between the English language and American Sign
19 Language or any communication modes used by d/Deaf, DeafBlind, or hard of
20 hearing persons. Communication modes may include but are not limited to cued
21 speech and tactile sign.
22 (9) "Secretary" means the secretary of Louisiana Department of Health.
23 §2351. §2352. Creation; board membership; terms; compensation
24 A. The Louisiana Commission for the Deaf, hereinafter referred to as "the
25 commission", is hereby created and established within the Louisiana Department of
26 Health. The commission shall function as a program of the state and serve as
27 the principal agency of the state providing leadership to promote the general
28 welfare of d/Deaf, DeafBlind, and hard of hearing individuals. The secretary
29 shall appoint a director in accordance with R.S. 46:2354.
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1 B. The commission shall be governed by a board which is hereby created
2 as a separate and distinct body to support the work of the commission and to
3 advocate on behalf of d/Deaf, DeafBlind, and hard of hearing communities and
4 their families. The secretary shall promulgate rules to establish the roles and
5 responsibilities of the board. The commission board shall consist of seventeen
6 eighteen members as follows:
7 (1) The coordinator of vocational rehabilitation services to the deaf or his
8 designee. The assistant secretary of the Louisiana Department of Health, office
9 of behavioral health or his designee.
10 (2) The president of the Louisiana Association of the Deaf or his designee.
11 (3) The president of the Louisiana Registry of Interpreters for the Deaf or his
12 designee.
13 (4) The superintendent of the Louisiana School for the Deaf or his designee.
14 (5) The secretary of the Department of Children and Family Services or his
15 designee.
16 (6) The superintendent of education or his designee.
17 (7) The secretary of the Louisiana Workforce Commission or his designee.
18 (8) The speaker of the House of Representatives or his designee.
19 (9) The president of the Senate or his designee.
20 (10) The secretary of the Louisiana Department of Health or his designee.
21 (11) The executive director of the governor's office of disability affairs
22 or his designee.
23 (12) In addition, the governor shall appoint seven lay members to the
24 commission board, two of whom shall be deaf persons, one of whom shall be hard
25 of hearing, two one of whom shall be parents of deaf persons a parent of a deaf
26 person, one of whom shall be a person who is DeafBlind, and two of whom shall
27 be professionals who work with deaf persons. Each appointment by the governor
28 shall be subject to Senate confirmation.
29 B.C. A person shall be eligible for appointment to the board if his or her
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1 position, knowledge, or experience qualifies him or her to represent the
2 concerns, needs, and recommendations of the d/Deaf, DeafBlind, and hard of
3 hearing communities. All appointments shall be made for four years, except that if
4 a vacancy occurs, the appointment shall be made only for the length of the unexpired
5 term.
6 C.D. The commission board shall meet and organize immediately after
7 members are appointed and shall elect from its membership a chairman chairperson,
8 who shall serve for two years, and such any other officers as it deems necessary. The
9 commission board may establish rules and regulations for its own procedure and for
10 the administration of the affairs of the commission. The commission board shall
11 meet at least once in each quarter of the fiscal year and may meet more often as shall
12 be deemed necessary by the chairman chairperson.
13 D.E.(1) Members of the commission board shall receive no salary for their
14 services, but shall be reimbursed for actual travel and other expenses incurred in the
15 performance of their duties in accordance with travel regulations of the division of
16 administration. Officers of the commission board shall be reimbursed for necessary
17 and other expenses incurred in the performance of their duties.
18 (2) A board member may receive services offered by the commission to
19 the extent services are provided under the same terms and conditions as
20 received by any d/Deaf, DeafBlind, or hard of hearing individual in this state.
21 A board member receiving services offered by the commission shall not
22 participate or have any involvement in any commission transaction or business
23 matter regarding the provision of services received by the board member.
24 E. F. Upon request of the commission board, the directors of the following
25 agencies shall make themselves available for consultation and shall provide
26 information regarding the services available to the deaf through their respective
27 agencies:
28 (1) The office of behavioral health and substance abuse. The Louisiana
29 Mental Health Advocacy Service.
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1 (2) The office of children and family services. The Louisiana Department
2 of Health, office of aging and adult services.
3 (3) The Louisiana Department of Health, office for citizens with
4 developmental disabilities.
5 (4) The governor's office of elderly affairs.
6 (5) The office of health services and environmental quality. The Louisiana
7 Department of Health medical assistance program.
8 (6) The division of evaluation and services. The Governor's Office of
9 Homeland Security and Emergency Preparedness.
10 G. Additionally, the commission shall have authority to The board may
11 request consultation or information, or both, from any other state department or
12 agency serving deaf d/Deaf, DeafBlind, or hard of hearing persons.
13 §2352. §2353. Duties
14 The commission, with the guidance of the board, shall do all of the
15 following:
16 (1) Promote, coordinate, and facilitate accessibility of all public and private
17 services to deaf d/Deaf, DeafBlind, and hard of hearing people through
18 informing, educating, and advising businesses, industries, and other sectors on
19 effective communication and the needs of d/Deaf, DeafBlind, and hard of
20 hearing individuals to promote and ensure accessibility to public services.
21 (2) Serve as advocate for the needs and rights of deaf d/Deaf, DeafBlind,
22 and hard of hearing people.
23 (3) Collect information concerning deafness and provide for the
24 dissemination of this information.
25 (4) Develop and implement a statewide program to ensure continuity of
26 services to deaf d/Deaf, DeafBlind, and hard of hearing people.
27 (5) Inform, educate, and advise deaf citizens, parents, and families of the
28 availability of programs and services for deaf d/Deaf, DeafBlind, and hard of
29 hearing adults and children at all levels of state and local government.
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1 (6) Promote the training of interpreters and assist in the establishment of
2 interpreter training programs.
3 (7)(a) Certify interpreters and maintain a registry of certified interpreters.
4 The commission shall promulgate rules for the examination of applicants for
5 certification and the issuance of certificates. Such rules shall be subject to legislative
6 oversight review pursuant to the Administrative Procedure Act and shall be subject
7 to the following limitations: Establish, administer, and promote a statewide
8 program to standardize interpreting services for those who are d/Deaf,
9 DeafBlind, or hard of hearing.
10 (a) (b) The commission shall not promulgate any rule or regulation which
11 denies a deaf or hard of hearing person's right to choose his interpreter. do all of the
12 following:
13 (i) Establish the process and set the criteria for the professional
14 credentialing of interpreters.
15 (ii) Develop and maintain a registry of credentialed interpreters,
16 including administrative guidelines for the registration process.
17 (iii) Set administrative guidelines regarding minimum qualifications and
18 registration for interpreters working in educational settings, in conjunction with
19 the Department of Education. The commission shall review for approval
20 applications and renewals of state of Louisiana provisional and ancillary
21 certificates for interpreters working for the department or any of the local
22 educational agencies or special school boards throughout the state under the
23 supervision of the Board of Elementary and Secondary Education.
24 (iv) Establish criteria regarding the minimum qualifications and
25 registration of persons who may serve as interpreters during a judicial or
26 quasi-judicial proceeding in this state or its political subdivisions for a person
27 who is d/Deaf, DeafBlind, or hard of hearing, that align with and expand upon
28 the rules of the Louisiana Supreme Court. No person shall serve as an
29 interpreter in the courts of this state without the required interpreter
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1 certification.
2 (b) The commission shall exempt from the requirement of certification,
3 interpreters of religious services.
4 (c) The commission shall promulgate rules for the regulation of
5 interpreters in this state. The rules shall, at a minimum, do all of the following:
6 (i) Charge reasonable fees to cover the administrative costs of
7 applications, examination of applications, and renewal of registration.
8 (ii) Accept registration for applicants with valid credentialing from
9 another state, based on the board's recommendation for reciprocity.
10 (iii) Adopt conditions under which registration will expire.
11 (iv) Specify procedures outlining grounds for denying, suspending, or
12 revoking an interpreter's registration with the state.
13 (v) Adopt and specify grievance policy and procedures and the process
14 for disciplining interpreters.
15 (vi) Provide for a deaf or hard of hearing person's right to choose his
16 interpreter to the extent possible and appropriate.
17 (vii) Exempt interpreters of religious services or those interpreting on
18 a voluntary basis without compensation from the requirement of registration.
19 (d) The commission shall charge reasonable fees to cover the administrative
20 costs of applications, examinations, and renewal of certificates. establish standards
21 for businesses or organizations providing interpreting services, which may
22 include best practices for provision of services.
23 (e) The commission shall waive examination requirements for applicants with
24 valid certification from another state, based on the board's recommendation for
25 reciprocity.
26 (f) The commission shall adopt procedures under which certificates will
27 expire.
28 (g) The commission shall specify procedures outlining grounds for denying,
29 suspending, or revoking interpreters' certificates, and for disciplining interpreters.
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1 (h) The certification of interpreters by the Louisiana Commission for the
2 Deaf shall not be applicable to the Louisiana State Department of Education or to
3 any of the local educational agencies and special board schools throughout the state
4 under the supervision of the Board of Elementary and Secondary Education. Such
5 certification shall incorporate an evaluation conducted by the Interpreter
6 Certification Board of the Louisiana Commission for the Deaf.
7 (8) Provide all services of the commission to deaf people with visual
8 impairments.
9 (9) Provide interpreter services to the deaf in accordance with rules and
10 regulations adopted by the commission.
11 (10)(a) Establish, administer, and promote a statewide program to provide
12 access to all public telecommunications services by persons who are deaf, deaf-blind,
13 and others such as persons with severe hearing loss or severe speech impairments.
14 This program shall include but is not limited to:
15 (i) The purchase and distribution of telecommunications devices and related
16 devices for the purposes listed above.
17 (ii) The creation of a dual party relay system to function as a communications
18 bridge between members of the deaf and hearing citizenry.
19 (iii) Recommendation for the selection of staff, rate/surcharge, operating
20 budget, and other related matters, determination of functions of the staff, approval
21 of the selection of appropriate equipment, development, evaluation, and modification
22 of the distribution system for specialized equipment, approval of the development,
23 implementation, evaluation, and modification of a year-round, twenty-four-hour dual
24 party relay system, and the engagement in other related activities not inconsistent
25 with legal mandates nor otherwise prohibited by law.
26 (b)(8) The commission shall promulgate, Promulgate pursuant to R.S.
27 49:950, et seq., such the procedures, regulations, rules, and criteria and may also
28 take other action necessary to implement and administer this program the provisions
29 of this Chapter where not otherwise prohibited by law.
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1 §2353. §2354. Employees
2 The secretary of the Louisiana Department of Health shall employ a director
3 who shall be the executive officer of the commission. The secretary shall consider
4 the recommendations of the board in the hiring and termination processes of
5 the director. The director shall be a trained professional, having experience as such
6 with the deaf d/Deaf, DeafBlind, or hard of hearing individuals, and skilled in the
7 use of sign language American Sign Language or other commonly used methods
8 of communication. The director may be either a deaf person or a hearing person
9 with normal hearing, but preference shall be given to a deaf person. The secretary of
10 the Louisiana Department of Health shall employ such any other employees as are
11 necessary to carry out the provisions of this Chapter.
12 §2354. §2355. Funds
13 The commission may receive monies from any source, including federal
14 funds, grants, and gifts, which shall be expended for the purposes designated in this
15 Chapter. Immediately upon receipt, the secretary of the Louisiana Department
16 of Health shall remit revenues collected to the treasurer. After allocation of
17 money to the Bond Security and Redemption Fund as provided in Article VII,
18 Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and
19 credit to the Telecommunications for the Deaf Fund the monies remitted by the
20 secretary for the administration of programming of the commission in
21 accordance with R.S. 47:1061.
22 Section 2. R.S. 46:2352(F)(introductory paragraph) is hereby amended and reenacted
23 to read as follows:
24 §2352. Creation; board duties and membership; terms; compensation
25 * * *
26 F. Upon request of the board, the directors of the following agencies, and
27 the secretary in the case of the Department of Elderly Affairs, shall make
28 themselves available for consultation and shall provide information regarding the
29 services available to the deaf through their respective agencies:
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1 * * *
2 Section 3. R.S. 46:2356 is hereby repealed.
3 Section 4. Section 2 of this Act shall become effective upon the date Section 5 of
4 Act 384 of the 2013 Regular Session becomes effective and shall supersede the provisions
5 of Section 5 of Act 384 of the 2013 Regular Session amending and reenacting R.S.
6 46:2351(E)(introductory paragraph).
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Brandi Cannon.
DIGEST
SB 98 Engrossed 2022 Regular Session Hewitt
Present law provides for the La. Commission on the Deaf, within the La. Dept. of Health
(LDH). Proposed law retains present law and further provides that the commission shall
function as a program of the state and serve as the principal agency of the state providing
leadership to promote the general welfare of d/Deaf, DeafBlind, and hard of hearing
individuals.
Present law provides for the membership of the commission. Proposed law provides that the
commission shall be governed by a board and updates the membership to add the executive
director of the governor's office of disability affairs and a public member who is DeafBlind.
Present law provides for the duties and powers of the commission. Proposed law provides
for and updates the duties and powers of the commission and the governing board.
Present law provides for a director of the commission. Proposed law retains present law but
updates the qualifications of the director, and requires the secretary of LDH to consider the
recommendations of the board in the hiring and termination processes of the director.
Proposed law effective August 1, 2022, with the exception of proposed law relative to Act
384 of the 2013 Regular Session.
(Amends R.S. 46:2351-2354; adds R.S. 46:2355; repeals R.S. 46:2356)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Amends the definition of "deaf", "deafblind", and "hard of hearing" and
deletes unnecessary definitions.
2. Makes technical changes.
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