TN
Tennessee Senate Bill SB0942

Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0942 Compare Versions

Only one version of the bill is available at this time.
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22 HOUSE BILL 1040
33 By Jones R
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55 SENATE BILL 942
66 By Massey
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99 SB0942
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1313 AN ACT to amend Tennessee Code Annotated, Title 4;
1414 Title 63; Title 68, Chapter 1, Part 1 and Title 71,
1515 Chapter 4, Part 21, relative to sign language
1616 interpreters.
1717
1818 WHEREAS, thousands of Tennesseans are deaf, deaf-blind, or hard of hearing; and
1919 WHEREAS, this General Assembly recognizes that many such persons' only access to
2020 effective communication is through the use of signed language, including American Sign
2121 Language; and
2222 WHEREAS, people who are deaf, deaf-blind, or hard of hearing participate in many
2323 different aspects of life, including places of employment, mental health, and in every part of
2424 society; and
2525 WHEREAS, to fully participate in all aspects of public life, individuals who are deaf, deaf-
2626 blind, or hard of hearing who utilize sign language must be provided effective communication
2727 through a qualified sign language interpreter; and
2828 WHEREAS, it is important that this profession be licensed for practice within Tennessee
2929 to ensure the quality of services provided by sign language interpreters; now, therefore,
3030 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
3131 SECTION 1. Tennessee Code Annotated, Title 63, is amended by adding the following
3232 as a new chapter:
3333 63-21-101.
3434 As used in this part:
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3838
3939 (1) "Agency" means any organization, company, or institution that
4040 recruits, hires, contracts, or assigns interpreters to provide sign language
4141 interpreting services;
4242 (2) "Board" means the board of professional sign language interpreters,
4343 created by § 63-21-102;
4444 (3) "Emergency" means an unforeseen situation or condition that
4545 requires immediate action to prevent harm, ensure safety, or address a critical
4646 need for communication access, including, but not limited to, medical
4747 emergencies, law enforcement interactions, or other urgent circumstances where
4848 a delay in providing interpreting services could result in significant risk to life,
4949 health, or public order;
5050 (4) "Entity" means a person, group, corporation, nonprofit organization,
5151 association, or other legal body that engages in the assignment or coordination
5252 of sign language interpreting services;
5353 (5) "Licensed deaf interpreter" means a deaf person who holds a valid
5454 license to practice as a deaf interpreter;
5555 (6) "Licensed sign language interpreter" means a person who holds a
5656 valid license to practice sign language interpreting;
5757 (7) "Provisional sign language interpreter" means a person who meets
5858 the requirements for a provisional license in sign language interpreting;
5959 (8) "Sign language" means a visual and manual system of
6060 communication used by deaf, deaf-blind, and hard of hearing persons;
6161 (9) "Sign language interpreting" means facilitating communication
6262 between persons who communicate through sign language and persons who
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6767 communicate through spoken language to convey all auditory and signed
6868 information so that both persons can fully understand; and
6969 (10) "Temporary nonresident interpreter" means a person who meets the
7070 requirements for a temporary nonresident license in sign language interpreting.
7171 63-21-102.
7272 (a) There is created the Tennessee board of professional sign language
7373 interpreters, to be administratively attached to and receive administrative support from
7474 the division of health related boards within the department of health.
7575 (b)
7676 (1) The board consists of five (5) citizens of this state who are
7777 representative of state demographics, and the deaf, deaf-blind, hard of hearing,
7878 and sign language interpreting community in this state. The board is appointed
7979 by the governor and consists of:
8080 (A) One (1) deaf, deaf-blind, or hard of hearing member in a deaf
8181 or interpreting study department at a state university;
8282 (B) Two (2) deaf, deaf-blind, or hard of hearing members with
8383 knowledge of interpreter issues, to be nominated by a state-level
8484 organization that advocates for or serves the deaf, deaf-blind, or hard of
8585 hearing community; and
8686 (C) Two (2) licensed sign language interpreters at-large, to be
8787 nominated by the Tennessee Registry of Interpreters for the Deaf.
8888 (2) If any nominating organization listed in subdivision (b)(1) ceases to
8989 exist, then the board may select an equivalent organization to nominate persons
9090 to the board.
9191 63-21-103.
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9595
9696 (a) The board shall submit all applications received for membership on the board
9797 and any recommendations on the applications to the governor for consideration. The
9898 governor shall consider such recommendations in appointing members to the board.
9999 (b) The governor shall appoint new members to complete the term of any
100100 vacated board position. The person filling the vacated position must possess the same
101101 qualifications as those required for such position.
102102 (c) The governor may remove a board member for neglect of duty or
103103 malfeasance in office.
104104 63-21-104.
105105 (a) The initial members' terms are staggered as follows:
106106 (1) The member appointed under § 63-21-102(b)(1)(A) serves an initial
107107 term of two (2) years;
108108 (2) The members appointed under § 63-21-102(b)(1)(B) serve initial
109109 terms of three (3) years; and
110110 (3) The members appointed under § 63-21-102(b)(1)(C) serve initial
111111 terms of four (4) years;
112112 (b)
113113 (1) The board shall meet at least twice annually.
114114 (2) Members of the board receive no compensation for their service but
115115 must be reimbursed for official travel expenses incurred in the performance of
116116 their official duties in accordance with the comprehensive travel regulations as
117117 promulgated by the department of finance and administration and approved by
118118 the attorney general and reporter.
119119 63-21-105.
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123123
124124 (a) The board shall promulgate rules, in consultation with the Tennessee council
125125 for the deaf, deaf-blind, and hard of hearing, to implement, administer, and otherwise
126126 effectuate the purposes of this part. All rules must be promulgated in accordance with
127127 the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules
128128 must be published in the standards of professional practice and made available to all
129129 licensees.
130130 (b) The rules promulgated in accordance with subsection (a) must include, but
131131 are not limited to, rules to:
132132 (1) Grant, suspend, reinstate, and revoke licenses;
133133 (2) Establish and maintain requirements for professional behavior of
134134 interpreters, including, but not limited to, conflict of interest provisions;
135135 (3) Establish procedures for the investigation of complaints against
136136 licensed interpreters, agencies, and entities;
137137 (4) Establish procedures for licensure renewal;
138138 (5) Set a fee schedule for issuing new licenses and license renewals;
139139 (6) Set fines for penalties;
140140 (7) Compile and maintain a current public registry of licensed interpreters
141141 and permit holders, in consultation with the Tennessee Registry of Interpreters
142142 for the Deaf;
143143 (8) Maintain complete records of all board proceedings;
144144 (9) Execute reciprocal agreements with states that license, certify, or
145145 register sign language interpreters;
146146 (10) Develop procedures for appropriate exemptions to licensure
147147 requirements; and
148148 (11) Establish professional development requirements.
149149
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152152
153153 63-21-106.
154154 (a)
155155 (1) A person must not be granted a license to engage in the practice of
156156 sign language interpreting within this state unless the person makes application
157157 to the board for the license, along with a nonrefundable fee as set by the board.
158158 (2) The application must contain the name of the applicant, and show
159159 that such person:
160160 (A) Has attained eighteen (18) years of age;
161161 (B) Is a citizen of the United States or an individual enumerated in
162162 8 U.S.C. § 1622(b);
163163 (C) Has completed a criminal background check;
164164 (D) Holds an active professionally recognized certification; and
165165 (E) Must commit to completing an average of forty (40) hours of
166166 professional development in interpreting every two (2) years.
167167 (3) An application for licensure must be submitted on forms provided by
168168 the board and include any documentation required to determine eligibility. The
169169 board has the authority to establish qualifications and approve applicants for
170170 provisional licensure.
171171 (4) Sign language interpreter licenses are valid for two (2) years, both
172172 upon their issuance and their renewal.
173173 (5) The board shall issue a sign language interpreter license to persons
174174 who satisfy the qualification requirements to engage in the practice of sign
175175 language interpreting pursuant to this subsection (a).
176176 (b)
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180180
181181 (1) A person must not be granted a license to engage in the practice of
182182 deaf interpreting within this state unless the person makes application to the
183183 board for the license, along with a nonrefundable fee as set by the board.
184184 (2) The application must contain the name of the applicant, and show
185185 that such person:
186186 (A) Is deaf or hard-of-hearing;
187187 (B) Has attained eighteen (18) years of age;
188188 (C) Is a citizen of the United States or an individual enumerated in
189189 8 U.S.C. § 1622(b);
190190 (D) Has completed a criminal background check;
191191 (E) Provides satisfactory evidence of required sign language skills
192192 as measured by a nationally recognized sign language proficiency
193193 interview selected by the board;
194194 (F) Submits an affidavit of intent to comply with board established
195195 requirements for ethical practice; and
196196 (G) Must commit to completing an average of forty (40) hours of
197197 professional development in interpreting every two (2) years.
198198 (3) An application for licensure as a deaf interpreter must be on a form
199199 prescribed and furnished by the board, contain statements made under oath
200200 showing the applicant's education and a detailed summary of the applicant's
201201 technical experience, and contain references, none of whom may be members of
202202 the board.
203203 (4) Deaf interpreter licenses are valid for two (2) years, both upon their
204204 issuance and their renewal.
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208208
209209 (5) The board shall issue a deaf interpreter license to persons who
210210 satisfy the qualification requirements to engage in the practice of deaf
211211 interpreting pursuant to this subsection (b).
212212 (c)
213213 (1) A person must not be granted a provisional license to engage in the
214214 practice of deaf interpreting within this state unless the person makes application
215215 to the board for the license, along with a nonrefundable fee as set by the board.
216216 (2) The application must contain the name of the applicant, and show
217217 that such person:
218218 (A) Has attained eighteen (18) years of age;
219219 (B) Is a citizen of the United States or an individual enumerated in
220220 8 U.S.C. § 1622(b);
221221 (C) Has completed a criminal background check;
222222 (D) Has provided satisfactory evidence of required sign language
223223 skills as measured by a nationally recognized sign language proficiency
224224 interview selected by the board;
225225 (E) Has provided evidence of passing a recognized written
226226 professional ethics examination as determined by the board;
227227 (F) Has submitted an affidavit of intent to comply with board
228228 established requirements for ethical practice; and
229229 (G) Commits to completing an average of forty (40) hours of
230230 professional development in interpreting over each two-year period.
231231 (3) Applications for provisional licensure must be signed and sworn by
232232 the applicants, and submitted on forms furnished by the board.
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236236
237237 (4) The board shall issue a provisional deaf interpreter license to persons
238238 who satisfy the qualification requirements to engage in the practice of deaf
239239 interpreting pursuant to this subsection (c).
240240 (5) The initial provisional license issued under this subsection (c) is valid
241241 for two (2) years and may be approved for renewal on a yearly basis upon the
242242 expiration of the initial two-year period, however the renewal of such licenses
243243 must be approved on a case-by-case basis and are subject to review by the
244244 board.
245245 (d)
246246 (1) A person must not be granted a license as a temporary nonresident
247247 interpreter within this state unless such person works more than twenty-one (21)
248248 days per calendar year, but not more than ninety (90) nonconsecutive days per
249249 calendar year, makes application to the board for the license, and submits a
250250 nonrefundable fee as set by the board.
251251 (2) The application must contain the name of the applicant, showing that
252252 such person:
253253 (A) Is a permanent residence of a state other than this state;
254254 (B) Has attained eighteen (18) years of age;
255255 (C) Holds an active professionally recognized certification; and
256256 (D) Has submitted an affidavit of intent to comply with board
257257 established requirements for ethical practice.
258258 (3) Applications for licensure as a temporary nonresident interpreter must
259259 be signed and sworn by the applicants and submitted on forms furnished by the
260260 board.
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264264
265265 (4) The board shall issue a temporary nonresident interpreter license to
266266 persons who satisfy the qualification requirements to engage in the practice of
267267 deaf interpreting pursuant to this subsection (d)
268268 (5)
269269 (A) A temporary nonresident interpreter license must be renewed
270270 on an annual basis.
271271 (B) A person may petition to the board to extend an active
272272 temporary nonresident interpreter license beyond the maximum ninety-
273273 day period described in subdivision (d)(1).
274274 (e)
275275 (1) A person shall not engage in, or attempt to engage in, the practice of
276276 sign language interpreting for remuneration in this state unless the person is a
277277 licensed sign language interpreter, licensed deaf interpreter, provisional sign
278278 language interpreter, or temporary nonresident interpreter.
279279 (2) Notwithstanding subdivision (e)(1), this part does not prevent a
280280 person from engaging in the practice of sign language interpreting without a
281281 license if:
282282 (A) The person seeks to provide interpreting services during an
283283 emergency;
284284 (B) The person makes a diligent attempt to procure a licensed
285285 interpreter but none is available in the timeframe specified; or
286286 (C) The use of video relay interpreting is not a viable option for
287287 the person in need of sign language interpreting services.
288288 63-21-107.
289289 (a)
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293293
294294 (1) This part does not apply to persons who, prior to July 1, 2025:
295295 (A) Are eighteen (18) years of age or older;
296296 (B) Are citizens of the United States or individuals enumerated in
297297 8 U.S.C. § 1622(b);
298298 (C) Are already engaged in the practice of sign language
299299 interpreting;
300300 (D) Do not meet the requirements set forth for licensure or
301301 licensure under a reciprocal agreement;
302302 (E) Submit to the board:
303303 (i) An affidavit setting forth documentation of at least three
304304 hundred (300) hours of work experience as a paid sign language
305305 interpreter during the prior five-year period;
306306 (ii) A completed criminal background check;
307307 (iii) An affidavit of intent to comply with board established
308308 requirements for ethical practice;
309309 (iv) Satisfactory proof of required sign language skills as
310310 measured by a nationally recognized sign language proficiency
311311 interview selected by the board; and
312312 (v) Satisfactory proof of having completed twenty (20)
313313 hours of professional development in interpreting annually;
314314 (2) Applications for licensure under this subsection (a) must be signed
315315 and sworn by the applicants and submitted on forms furnished by the board. All
316316 applicants who are deemed qualified to engage in the practice of sign language
317317 interpreting pursuant to this part are issued a license as a sign language
318318 interpreter, which is valid for four (4) years from the date of issuance.
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322322
323323 (b) The board may issue a license as a sign language interpreter or as a deaf
324324 interpreter without examination to nonresidents who:
325325 (1) Are eighteen (18) years of age or older and hold a valid license or
326326 certificate of registration as a sign language interpreter or deaf interpreter in
327327 another jurisdiction that:
328328 (A) Has substantially the same requirements for licensing or
329329 registration as a sign language interpreter or a deaf interpreter as are
330330 contained in this part; or
331331 (B) Has entered into a reciprocal agreement with the board
332332 permitting licenses to be issued without examination to sign language
333333 interpreters or deaf interpreters residing in and registered by this state;
334334 (2) Proves by sworn affidavits that the nonresident has continuously and
335335 lawfully practiced as a sign language interpreter or a deaf interpreter in another
336336 jurisdiction for the immediately preceding five (5) years; or
337337 (3) Has held a military occupational skill rating in a branch of the military
338338 service for two (2) or more years that required the person to perform the duties of
339339 a sign language interpreter or of a deaf interpreter.
340340 (c)
341341 (1) The licensure requirements of this part do not apply to sign language
342342 interpreters or to deaf interpreters who are employed exclusively by or otherwise
343343 provide interpreting services for religious entities exempted from coverage of
344344 Title III of the Americans with Disabilities Act, provided that their services are
345345 limited to activities or services conducted within the religious entity and for
346346 religious purposes.
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350350
351351 (2) The exception in subdivision (c)(1) does not apply to interpreting
352352 services provided during funerals, memorial services, or other nonreligious
353353 community events.
354354 63-21-108.
355355 The board shall promulgate rules for applying for licensure renewal by sign
356356 language interpreters, deaf interpreters, and provisional sign language interpreter. The
357357 application for renewal must be accompanied by:
358358 (1) Payment of a renewal fee and any late fee;
359359 (2) Evidence of having completed an average of forty (40) hours of
360360 professional development during the two (2) years of licensure;
361361 (3) A completed criminal background check; and
362362 (4) An affidavit of intent to comply with board established requirements
363363 for ethical practice.
364364 63-21-109.
365365 Reasonable fees for licensure, provisional licensure, temporary nonresident
366366 licensure, and licensure through reciprocal agreement under this part, both for initial
367367 licenses and at licensure renewal, are established by rules promulgated by the board.
368368 All monies collected pursuant to this part must be deposited into the state board of sign
369369 language interpreters fund, established under § 63-21-110. All expenses incurred by the
370370 board in implementing and administering this part must be paid out of the fund; however,
371371 the board's expenses must not be in excess of the monies in the fund. The board shall
372372 charge and collect the fees upon the application for an initial license, renewal of a
373373 license, and reinstatement of a suspended license, all of which must be deposited into
374374 the fund.
375375 63-21-110.
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379379
380380 (a) Notwithstanding any law relating to the deposit of state monies to the
381381 contrary, all monies collected pursuant to this part must be deposited in the state
382382 treasury in a separate fund to be known as the fund of the state board of sign language
383383 interpreters fund.
384384 (b) Disbursements from the fund must be made solely for the purpose of
385385 defraying expenses incurred in the implementation and enforcement of this part.
386386 (c) Such expenses are not payable from the general fund of the state, except for
387387 the initial expenses of the board prior to the collection of licensure fees sufficient to
388388 defray such expenses.
389389 (d) Any part of the state board of sign language interpreters fund remaining at
390390 the end of a fiscal year does not revert to the general fund of the state but is carried
391391 forward until expended in accordance with this part.
392392 (e) The board shall budget annually, in advance, its expenditures for programs,
393393 services, allocated overhead or chargebacks, and other normal operating expenses as
394394 determined by the board. These expenditures so established must be budgeted at the
395395 beginning of the fiscal year by the board, not to exceed the fees to be received by the
396396 board, including the excesses accumulated in the state board of sign language
397397 interpreters fund. The commissioner of finance and administration shall inform the board
398398 annually, in advance for budgeting purposes, of the allocation of all overhead or
399399 chargebacks to the board.
400400 (f) Subject to approval of the comptroller of the treasury and the commissioner of
401401 finance and administration, the board may also contract for services to carry out this
402402 part.
403403 63-21-111.
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407407
408408 (a) A person who knowingly undertakes or attempts to undertake the practice of
409409 sign language interpreting for remuneration without first having obtained a license is
410410 subject to a civil penalty established by the board. Each day of practice is a separate
411411 violation of this subsection (a). A person who is not licensed may not bring or maintain
412412 an action to recover payment for sign language interpreting services that the person
413413 performed in violation of this part.
414414 (b) The board may suspend or revoke a sign language interpreter's license if the
415415 interpreter is deemed unqualified to hold a license in this state. An interpreter is deemed
416416 unqualified if such person:
417417 (1) Is unable to show evidence of required credentials;
418418 (2) Violates the established code of professional behavior established by
419419 the board;
420420 (3) Is convicted of a felony or if the board determines a conviction of
421421 misdemeanor merits suspension or revocation of the license;
422422 (4) Is placed on the state abuse registry;
423423 (5) Is placed on the state sex offender registry;
424424 (6) Has had their license revoked in a reciprocal state; or
425425 (7) Fails to complete renewal requirements within thirty (30) calendar
426426 days of the license expiration.
427427 (c) An agency or entity who knowingly assigns an unlicensed interpreter to
428428 undertake the practice of sign language interpreting for remuneration without confirming
429429 the interpreter's licensure status is subject to a civil penalty established by the board.
430430 Each day of practice by the unlicensed interpreter constitutes a separate violation of this
431431 subsection (c). An agency or entity who assigns unlicensed interpreters may not bring
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435435
436436 or maintain an action to recover payment for sign language interpreting services the
437437 person performed in violation of this part.
438438 63-21-112.
439439 A person may file a complaint alleging a violation of this part with the board within
440440 one hundred eighty (180) calendar days of the alleged violation. The complainant may
441441 withdraw the complaint at any time. The board shall promulgate rules to create a
442442 complaint process.
443443 SECTION 2. Tennessee Code Annotated, Section 68-1-101(a)(8), is amended by
444444 inserting the following as a new subdivision:
445445 Board of sign language interpreters;
446446 SECTION 3. Tennessee Code Annotated, Section 71-4-2102, is amended by deleting
447447 the language "there is hereby created the Tennessee council for the deaf, deaf-blind, and hard
448448 of hearing, which has the duty to" and substituting "there is hereby created the Tennessee
449449 council for the deaf, deaf-blind, and hard of hearing, which, with the support of and in
450450 consultation with the Tennessee board of sign language interpreters, has the duty to".
451451 SECTION 4. For the purpose of promulgating rules this act takes effect upon becoming
452452 a law, the public welfare requiring it. For all other purposes this act takes effect July 1, 2025,
453453 the public welfare requiring it.