HOUSE BILL 1040
By Jones R
SENATE BILL 942
By Massey
SB0942
002506
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AN ACT to amend Tennessee Code Annotated, Title 4;
Title 63; Title 68, Chapter 1, Part 1 and Title 71,
Chapter 4, Part 21, relative to sign language
interpreters.
WHEREAS, thousands of Tennesseans are deaf, deaf-blind, or hard of hearing; and
WHEREAS, this General Assembly recognizes that many such persons' only access to
effective communication is through the use of signed language, including American Sign
Language; and
WHEREAS, people who are deaf, deaf-blind, or hard of hearing participate in many
different aspects of life, including places of employment, mental health, and in every part of
society; and
WHEREAS, to fully participate in all aspects of public life, individuals who are deaf, deaf-
blind, or hard of hearing who utilize sign language must be provided effective communication
through a qualified sign language interpreter; and
WHEREAS, it is important that this profession be licensed for practice within Tennessee
to ensure the quality of services provided by sign language interpreters; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 63, is amended by adding the following
as a new chapter:
63-21-101.
As used in this part:
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(1) "Agency" means any organization, company, or institution that
recruits, hires, contracts, or assigns interpreters to provide sign language
interpreting services;
(2) "Board" means the board of professional sign language interpreters,
created by § 63-21-102;
(3) "Emergency" means an unforeseen situation or condition that
requires immediate action to prevent harm, ensure safety, or address a critical
need for communication access, including, but not limited to, medical
emergencies, law enforcement interactions, or other urgent circumstances where
a delay in providing interpreting services could result in significant risk to life,
health, or public order;
(4) "Entity" means a person, group, corporation, nonprofit organization,
association, or other legal body that engages in the assignment or coordination
of sign language interpreting services;
(5) "Licensed deaf interpreter" means a deaf person who holds a valid
license to practice as a deaf interpreter;
(6) "Licensed sign language interpreter" means a person who holds a
valid license to practice sign language interpreting;
(7) "Provisional sign language interpreter" means a person who meets
the requirements for a provisional license in sign language interpreting;
(8) "Sign language" means a visual and manual system of
communication used by deaf, deaf-blind, and hard of hearing persons;
(9) "Sign language interpreting" means facilitating communication
between persons who communicate through sign language and persons who
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communicate through spoken language to convey all auditory and signed
information so that both persons can fully understand; and
(10) "Temporary nonresident interpreter" means a person who meets the
requirements for a temporary nonresident license in sign language interpreting.
63-21-102.
(a) There is created the Tennessee board of professional sign language
interpreters, to be administratively attached to and receive administrative support from
the division of health related boards within the department of health.
(b)
(1) The board consists of five (5) citizens of this state who are
representative of state demographics, and the deaf, deaf-blind, hard of hearing,
and sign language interpreting community in this state. The board is appointed
by the governor and consists of:
(A) One (1) deaf, deaf-blind, or hard of hearing member in a deaf
or interpreting study department at a state university;
(B) Two (2) deaf, deaf-blind, or hard of hearing members with
knowledge of interpreter issues, to be nominated by a state-level
organization that advocates for or serves the deaf, deaf-blind, or hard of
hearing community; and
(C) Two (2) licensed sign language interpreters at-large, to be
nominated by the Tennessee Registry of Interpreters for the Deaf.
(2) If any nominating organization listed in subdivision (b)(1) ceases to
exist, then the board may select an equivalent organization to nominate persons
to the board.
63-21-103.
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(a) The board shall submit all applications received for membership on the board
and any recommendations on the applications to the governor for consideration. The
governor shall consider such recommendations in appointing members to the board.
(b) The governor shall appoint new members to complete the term of any
vacated board position. The person filling the vacated position must possess the same
qualifications as those required for such position.
(c) The governor may remove a board member for neglect of duty or
malfeasance in office.
63-21-104.
(a) The initial members' terms are staggered as follows:
(1) The member appointed under § 63-21-102(b)(1)(A) serves an initial
term of two (2) years;
(2) The members appointed under § 63-21-102(b)(1)(B) serve initial
terms of three (3) years; and
(3) The members appointed under § 63-21-102(b)(1)(C) serve initial
terms of four (4) years;
(b)
(1) The board shall meet at least twice annually.
(2) Members of the board receive no compensation for their service but
must be reimbursed for official travel expenses incurred in the performance of
their official duties in accordance with the comprehensive travel regulations as
promulgated by the department of finance and administration and approved by
the attorney general and reporter.
63-21-105.
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(a) The board shall promulgate rules, in consultation with the Tennessee council
for the deaf, deaf-blind, and hard of hearing, to implement, administer, and otherwise
effectuate the purposes of this part. All rules must be promulgated in accordance with
the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules
must be published in the standards of professional practice and made available to all
licensees.
(b) The rules promulgated in accordance with subsection (a) must include, but
are not limited to, rules to:
(1) Grant, suspend, reinstate, and revoke licenses;
(2) Establish and maintain requirements for professional behavior of
interpreters, including, but not limited to, conflict of interest provisions;
(3) Establish procedures for the investigation of complaints against
licensed interpreters, agencies, and entities;
(4) Establish procedures for licensure renewal;
(5) Set a fee schedule for issuing new licenses and license renewals;
(6) Set fines for penalties;
(7) Compile and maintain a current public registry of licensed interpreters
and permit holders, in consultation with the Tennessee Registry of Interpreters
for the Deaf;
(8) Maintain complete records of all board proceedings;
(9) Execute reciprocal agreements with states that license, certify, or
register sign language interpreters;
(10) Develop procedures for appropriate exemptions to licensure
requirements; and
(11) Establish professional development requirements.
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63-21-106.
(a)
(1) A person must not be granted a license to engage in the practice of
sign language interpreting within this state unless the person makes application
to the board for the license, along with a nonrefundable fee as set by the board.
(2) The application must contain the name of the applicant, and show
that such person:
(A) Has attained eighteen (18) years of age;
(B) Is a citizen of the United States or an individual enumerated in
8 U.S.C. § 1622(b);
(C) Has completed a criminal background check;
(D) Holds an active professionally recognized certification; and
(E) Must commit to completing an average of forty (40) hours of
professional development in interpreting every two (2) years.
(3) An application for licensure must be submitted on forms provided by
the board and include any documentation required to determine eligibility. The
board has the authority to establish qualifications and approve applicants for
provisional licensure.
(4) Sign language interpreter licenses are valid for two (2) years, both
upon their issuance and their renewal.
(5) The board shall issue a sign language interpreter license to persons
who satisfy the qualification requirements to engage in the practice of sign
language interpreting pursuant to this subsection (a).
(b)
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(1) A person must not be granted a license to engage in the practice of
deaf interpreting within this state unless the person makes application to the
board for the license, along with a nonrefundable fee as set by the board.
(2) The application must contain the name of the applicant, and show
that such person:
(A) Is deaf or hard-of-hearing;
(B) Has attained eighteen (18) years of age;
(C) Is a citizen of the United States or an individual enumerated in
8 U.S.C. § 1622(b);
(D) Has completed a criminal background check;
(E) Provides satisfactory evidence of required sign language skills
as measured by a nationally recognized sign language proficiency
interview selected by the board;
(F) Submits an affidavit of intent to comply with board established
requirements for ethical practice; and
(G) Must commit to completing an average of forty (40) hours of
professional development in interpreting every two (2) years.
(3) An application for licensure as a deaf interpreter must be on a form
prescribed and furnished by the board, contain statements made under oath
showing the applicant's education and a detailed summary of the applicant's
technical experience, and contain references, none of whom may be members of
the board.
(4) Deaf interpreter licenses are valid for two (2) years, both upon their
issuance and their renewal.
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(5) The board shall issue a deaf interpreter license to persons who
satisfy the qualification requirements to engage in the practice of deaf
interpreting pursuant to this subsection (b).
(c)
(1) A person must not be granted a provisional license to engage in the
practice of deaf interpreting within this state unless the person makes application
to the board for the license, along with a nonrefundable fee as set by the board.
(2) The application must contain the name of the applicant, and show
that such person:
(A) Has attained eighteen (18) years of age;
(B) Is a citizen of the United States or an individual enumerated in
8 U.S.C. § 1622(b);
(C) Has completed a criminal background check;
(D) Has provided satisfactory evidence of required sign language
skills as measured by a nationally recognized sign language proficiency
interview selected by the board;
(E) Has provided evidence of passing a recognized written
professional ethics examination as determined by the board;
(F) Has submitted an affidavit of intent to comply with board
established requirements for ethical practice; and
(G) Commits to completing an average of forty (40) hours of
professional development in interpreting over each two-year period.
(3) Applications for provisional licensure must be signed and sworn by
the applicants, and submitted on forms furnished by the board.
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(4) The board shall issue a provisional deaf interpreter license to persons
who satisfy the qualification requirements to engage in the practice of deaf
interpreting pursuant to this subsection (c).
(5) The initial provisional license issued under this subsection (c) is valid
for two (2) years and may be approved for renewal on a yearly basis upon the
expiration of the initial two-year period, however the renewal of such licenses
must be approved on a case-by-case basis and are subject to review by the
board.
(d)
(1) A person must not be granted a license as a temporary nonresident
interpreter within this state unless such person works more than twenty-one (21)
days per calendar year, but not more than ninety (90) nonconsecutive days per
calendar year, makes application to the board for the license, and submits a
nonrefundable fee as set by the board.
(2) The application must contain the name of the applicant, showing that
such person:
(A) Is a permanent residence of a state other than this state;
(B) Has attained eighteen (18) years of age;
(C) Holds an active professionally recognized certification; and
(D) Has submitted an affidavit of intent to comply with board
established requirements for ethical practice.
(3) Applications for licensure as a temporary nonresident interpreter must
be signed and sworn by the applicants and submitted on forms furnished by the
board.
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(4) The board shall issue a temporary nonresident interpreter license to
persons who satisfy the qualification requirements to engage in the practice of
deaf interpreting pursuant to this subsection (d)
(5)
(A) A temporary nonresident interpreter license must be renewed
on an annual basis.
(B) A person may petition to the board to extend an active
temporary nonresident interpreter license beyond the maximum ninety-
day period described in subdivision (d)(1).
(e)
(1) A person shall not engage in, or attempt to engage in, the practice of
sign language interpreting for remuneration in this state unless the person is a
licensed sign language interpreter, licensed deaf interpreter, provisional sign
language interpreter, or temporary nonresident interpreter.
(2) Notwithstanding subdivision (e)(1), this part does not prevent a
person from engaging in the practice of sign language interpreting without a
license if:
(A) The person seeks to provide interpreting services during an
emergency;
(B) The person makes a diligent attempt to procure a licensed
interpreter but none is available in the timeframe specified; or
(C) The use of video relay interpreting is not a viable option for
the person in need of sign language interpreting services.
63-21-107.
(a)
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(1) This part does not apply to persons who, prior to July 1, 2025:
(A) Are eighteen (18) years of age or older;
(B) Are citizens of the United States or individuals enumerated in
8 U.S.C. § 1622(b);
(C) Are already engaged in the practice of sign language
interpreting;
(D) Do not meet the requirements set forth for licensure or
licensure under a reciprocal agreement;
(E) Submit to the board:
(i) An affidavit setting forth documentation of at least three
hundred (300) hours of work experience as a paid sign language
interpreter during the prior five-year period;
(ii) A completed criminal background check;
(iii) An affidavit of intent to comply with board established
requirements for ethical practice;
(iv) Satisfactory proof of required sign language skills as
measured by a nationally recognized sign language proficiency
interview selected by the board; and
(v) Satisfactory proof of having completed twenty (20)
hours of professional development in interpreting annually;
(2) Applications for licensure under this subsection (a) must be signed
and sworn by the applicants and submitted on forms furnished by the board. All
applicants who are deemed qualified to engage in the practice of sign language
interpreting pursuant to this part are issued a license as a sign language
interpreter, which is valid for four (4) years from the date of issuance.
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(b) The board may issue a license as a sign language interpreter or as a deaf
interpreter without examination to nonresidents who:
(1) Are eighteen (18) years of age or older and hold a valid license or
certificate of registration as a sign language interpreter or deaf interpreter in
another jurisdiction that:
(A) Has substantially the same requirements for licensing or
registration as a sign language interpreter or a deaf interpreter as are
contained in this part; or
(B) Has entered into a reciprocal agreement with the board
permitting licenses to be issued without examination to sign language
interpreters or deaf interpreters residing in and registered by this state;
(2) Proves by sworn affidavits that the nonresident has continuously and
lawfully practiced as a sign language interpreter or a deaf interpreter in another
jurisdiction for the immediately preceding five (5) years; or
(3) Has held a military occupational skill rating in a branch of the military
service for two (2) or more years that required the person to perform the duties of
a sign language interpreter or of a deaf interpreter.
(c)
(1) The licensure requirements of this part do not apply to sign language
interpreters or to deaf interpreters who are employed exclusively by or otherwise
provide interpreting services for religious entities exempted from coverage of
Title III of the Americans with Disabilities Act, provided that their services are
limited to activities or services conducted within the religious entity and for
religious purposes.
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(2) The exception in subdivision (c)(1) does not apply to interpreting
services provided during funerals, memorial services, or other nonreligious
community events.
63-21-108.
The board shall promulgate rules for applying for licensure renewal by sign
language interpreters, deaf interpreters, and provisional sign language interpreter. The
application for renewal must be accompanied by:
(1) Payment of a renewal fee and any late fee;
(2) Evidence of having completed an average of forty (40) hours of
professional development during the two (2) years of licensure;
(3) A completed criminal background check; and
(4) An affidavit of intent to comply with board established requirements
for ethical practice.
63-21-109.
Reasonable fees for licensure, provisional licensure, temporary nonresident
licensure, and licensure through reciprocal agreement under this part, both for initial
licenses and at licensure renewal, are established by rules promulgated by the board.
All monies collected pursuant to this part must be deposited into the state board of sign
language interpreters fund, established under § 63-21-110. All expenses incurred by the
board in implementing and administering this part must be paid out of the fund; however,
the board's expenses must not be in excess of the monies in the fund. The board shall
charge and collect the fees upon the application for an initial license, renewal of a
license, and reinstatement of a suspended license, all of which must be deposited into
the fund.
63-21-110.
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(a) Notwithstanding any law relating to the deposit of state monies to the
contrary, all monies collected pursuant to this part must be deposited in the state
treasury in a separate fund to be known as the fund of the state board of sign language
interpreters fund.
(b) Disbursements from the fund must be made solely for the purpose of
defraying expenses incurred in the implementation and enforcement of this part.
(c) Such expenses are not payable from the general fund of the state, except for
the initial expenses of the board prior to the collection of licensure fees sufficient to
defray such expenses.
(d) Any part of the state board of sign language interpreters fund remaining at
the end of a fiscal year does not revert to the general fund of the state but is carried
forward until expended in accordance with this part.
(e) The board shall budget annually, in advance, its expenditures for programs,
services, allocated overhead or chargebacks, and other normal operating expenses as
determined by the board. These expenditures so established must be budgeted at the
beginning of the fiscal year by the board, not to exceed the fees to be received by the
board, including the excesses accumulated in the state board of sign language
interpreters fund. The commissioner of finance and administration shall inform the board
annually, in advance for budgeting purposes, of the allocation of all overhead or
chargebacks to the board.
(f) Subject to approval of the comptroller of the treasury and the commissioner of
finance and administration, the board may also contract for services to carry out this
part.
63-21-111.
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(a) A person who knowingly undertakes or attempts to undertake the practice of
sign language interpreting for remuneration without first having obtained a license is
subject to a civil penalty established by the board. Each day of practice is a separate
violation of this subsection (a). A person who is not licensed may not bring or maintain
an action to recover payment for sign language interpreting services that the person
performed in violation of this part.
(b) The board may suspend or revoke a sign language interpreter's license if the
interpreter is deemed unqualified to hold a license in this state. An interpreter is deemed
unqualified if such person:
(1) Is unable to show evidence of required credentials;
(2) Violates the established code of professional behavior established by
the board;
(3) Is convicted of a felony or if the board determines a conviction of
misdemeanor merits suspension or revocation of the license;
(4) Is placed on the state abuse registry;
(5) Is placed on the state sex offender registry;
(6) Has had their license revoked in a reciprocal state; or
(7) Fails to complete renewal requirements within thirty (30) calendar
days of the license expiration.
(c) An agency or entity who knowingly assigns an unlicensed interpreter to
undertake the practice of sign language interpreting for remuneration without confirming
the interpreter's licensure status is subject to a civil penalty established by the board.
Each day of practice by the unlicensed interpreter constitutes a separate violation of this
subsection (c). An agency or entity who assigns unlicensed interpreters may not bring
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or maintain an action to recover payment for sign language interpreting services the
person performed in violation of this part.
63-21-112.
A person may file a complaint alleging a violation of this part with the board within
one hundred eighty (180) calendar days of the alleged violation. The complainant may
withdraw the complaint at any time. The board shall promulgate rules to create a
complaint process.
SECTION 2. Tennessee Code Annotated, Section 68-1-101(a)(8), is amended by
inserting the following as a new subdivision:
Board of sign language interpreters;
SECTION 3. Tennessee Code Annotated, Section 71-4-2102, is amended by deleting
the language "there is hereby created the Tennessee council for the deaf, deaf-blind, and hard
of hearing, which has the duty to" and substituting "there is hereby created the Tennessee
council for the deaf, deaf-blind, and hard of hearing, which, with the support of and in
consultation with the Tennessee board of sign language interpreters, has the duty to".
SECTION 4. For the purpose of promulgating rules this act takes effect upon becoming
a law, the public welfare requiring it. For all other purposes this act takes effect July 1, 2025,
the public welfare requiring it.