83R6605 JSL-F
By: Rodriguez of Travis H.B. No. 2072
A BILL TO BE ENTITLED
AN ACT
relating to services for persons who are deaf or hard of hearing and
licensing requirements for interpreters for persons who are deaf or
hard of hearing; providing criminal penalties; changing the rate of
a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Human Resources Code, is amended by
designating Sections 81.001, 81.002, 81.0021, 81.0022, 81.003,
81.004, 81.005, 81.0051, 81.0055, 81.006, 81.008, 81.009, 81.013,
81.014, 81.015, 81.016, 81.017, 81.019, 81.020, and 81.021 as
Subchapter A and adding a heading to that subchapter to read as
follows:
SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES
SECTION 2. Section 81.001, Human Resources Code, is amended
by adding Subdivision (5) to read as follows:
(5) "Department" means the Department of Assistive and
Rehabilitative Services.
SECTION 3. Section 81.006, Human Resources Code, is amended
to read as follows:
Sec. 81.006. DUTIES AND POWERS. (a) The department
[commission] shall:
(1) develop and implement a statewide program of
advocacy and education to ensure continuity of services to persons
who are deaf, deaf-blind, or hard of hearing;
(2) provide direct services to persons who are deaf or
hard of hearing, including communication access, information and
referral services, advocacy services, services to elderly persons
who are deaf or hard of hearing, and training in accessing basic
life skills;
(3) work to ensure more effective coordination and
cooperation among public and nonprofit organizations providing
social and educational services to individuals who are deaf or hard
of hearing;
(4) maintain a registry of available licensed
[qualified] interpreters for persons who are deaf or hard of
hearing by updating the registry at least quarterly and making the
registry available to interested persons at cost;
(5) establish a system to approve and provide courses
and workshops for the instruction and continuing education of
interpreters for persons who are deaf or hard of hearing;
(6) assist institutions of higher education in
initiating training programs for interpreters and develop
guidelines for instruction to promote uniformity of signs taught
within those programs;
(7) with the assistance of the Texas Higher Education
Coordinating Board, develop standards for evaluation of the
programs described by Subdivision (6); and
(8) develop guidelines and requirements to clarify the
circumstances under which interpreters licensed [certified] by the
department [commission] are qualified to interpret effectively,
accurately, and impartially, both receptively and expressively,
using any necessary specialized vocabulary.
(b) The department [commission] may:
(1) appoint one or more advisory committees to consult
with and advise the department [commission];
(2) establish and collect training fees and accept
gifts, grants, and donations of money, personal property, or real
property for use in expanding and improving services to persons of
this state who are deaf or hard of hearing;
(3) adopt rules necessary to implement this chapter;
(4) contract with or provide grants to agencies,
organizations, or individuals as necessary to implement this
chapter;
(5) establish a reasonable fee and charge interpreters
for training to defray the cost of conducting the training;
(6) develop guidelines and requirements for
trilingual interpreter licensing [services]; and
(7) provide training programs for persons licensed as
[who provide] trilingual interpreters [interpreter services].
(e) The department [commission] shall develop and implement
policies that clearly define the respective responsibilities of the
governing body of the department [commission] and the staff of the
department [commission].
(f) The department [commission] shall establish and charge
reasonable fees for some or all department [commission]
publications to cover the department's [commission's] publication
costs. However, the department [commission] shall waive the fee if
a person who is deaf or hard of hearing is financially unable to pay
for the publication, and may waive the fees for publications
provided to certain entities. The department [commission] shall
adopt rules to implement this subsection. The rules must specify
the standards used for determining ability to pay for a publication
and must specify the types of entities for which the fees will be
waived.
SECTION 4. Chapter 81, Human Resources Code, is amended by
adding Subchapter B, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER B. SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING
SECTION 5. Section 81.007, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.052, Human Resources
Code, and amended to read as follows:
Sec. 81.052 [81.007]. INTERPRETER LICENSING PROGRAM [BOARD
FOR EVALUATION OF INTERPRETERS]. (a) The department shall
[commission may] establish a program in accordance with this
subchapter [section] for the licensing [certification] of
interpreters who have reached varying levels of proficiency in
communication skills necessary to facilitate communication between
persons who are deaf or hard of hearing and persons who are not deaf
or hard of hearing.
(b) The department [commission] shall appoint an advisory
board of seven persons to assist in administering the interpreter
licensing [certification] program. A board member may not receive
compensation, but is entitled to reimbursement of the travel
expenses incurred by the member while conducting the business of
the board, as provided in the General Appropriations Act.
(c) Subject to approval of the department [commission], the
board shall prescribe qualifications for each of several levels of
licensing [certification] based on proficiency and shall evaluate
and provide licenses to [certify] interpreters using these
qualifications.
(d) A qualified board member may serve as an evaluator under
Subsection (c), and the department [commission] shall compensate
the board member for services performed as an evaluator.
(e) The department [commission] shall charge fees for
written and performance examinations, for annual license
[certificate] renewal, and for relicensing [recertification]. The
fees must be in an amount sufficient to recover the costs of the
licensing [certification] program.
(f) The department [commission] may waive any prerequisite
to obtaining a license [certificate] for an applicant after
reviewing the applicant's credentials and determining that the
applicant holds a license or certificate issued by another
jurisdiction that has licensing [certification] requirements
substantially equivalent to those of this state.
(g) The department [commission] by rule may adopt a system
under which licenses [certificates] are valid for a five-year
period, subject to the license [certificate] holder's payment of an
annual license [certificate] renewal fee. After expiration of the
five-year period, an interpreter must apply to [be recertified by]
the department for license renewal [commission]. The department
[commission] may renew the license of [recertify] an interpreter
who:
(1) receives specified continuing education credits;
or
(2) achieves an adequate score on a specified
examination.
(h) The department [commission] shall adopt rules
specifying the grounds for denying, suspending, or revoking an
interpreter's license [certificate].
(i) The department [commission] shall determine the
frequency for conducting the interpreter examinations. The
department [commission] shall conduct the interpreter
examinations:
(1) in a space that can be obtained free of charge; or
(2) at a facility selected in compliance with Section
2113.106, Government Code.
(k) The department [commission] shall compensate an
evaluator based on a fee schedule as determined by department
[commission] rule.
(l) The department [commission] shall recognize, prepare,
or administer continuing education programs for its license
[certificate] holders. A license [certificate] holder must
participate in the programs to the extent required by the
department [commission] to keep the person's license
[certificate].
SECTION 6. Section 81.0071, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.053, Human Resources
Code, and amended to read as follows:
Sec. 81.053 [81.0071]. EXAMINATION RESULTS. (a) Not
later than the 60th day after the date on which a license
[certification] examination is administered under this chapter,
the department [commission] shall notify each examinee of the
results of the examination. However, if an examination is graded or
reviewed by a national testing service, the department [commission]
shall notify examinees of the results of the examination not later
than the 14th day after the date on which the department
[commission] receives the results from the testing service. If the
notice of the examination results will be delayed for longer than 90
days after the examination date, the department [commission] shall
notify each examinee of the reason for the delay before the 90th
day.
(c) The department [commission] may require a testing
service to notify a person of the results of the person's
examination.
SECTION 7. Section 81.0072, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.054, Human Resources
Code, and amended to read as follows:
Sec. 81.054 [81.0072]. REVOCATION OR SUSPENSION OF
LICENSE [CERTIFICATE]. (a) The department [commission, based on
the recommendation of the Board for Evaluation of Interpreters,]
may revoke or suspend a license [certificate] or place a license
[certificate] holder on probation for a violation of a statute,
rule, or policy of the department [commission]. If a license
[certificate] holder is placed on probation, the department
[commission] may require the practitioner:
(1) to report regularly to the department [commission]
on matters that are the basis of the probation;
(2) to limit practice to those areas prescribed by the
department [commission]; or
(3) to continue or renew professional education until
a satisfactory degree of skill has been attained in those areas that
are the basis of the probation.
(b) If the department [commission] proposes to suspend or
revoke a license [certificate] or place a license [certificate]
holder on probation, the license [certificate] holder is entitled
to a hearing before the department [commission] or a hearings
officer appointed by the department [commission]. All final
decisions to suspend or revoke a license [certificate] or place a
license [certificate] holder on probation shall be made by the
department [commission].
SECTION 8. Section 81.0073, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.055, Human Resources
Code, and amended to read as follows:
Sec. 81.055 [81.0073]. LICENSE [CERTIFICATE] RENEWAL. (a)
A person who is otherwise eligible to renew a license [certificate]
may renew an unexpired license [certificate] by paying the required
renewal fee to the department [commission] before the expiration
date of the license [certificate]. A person whose license
[certificate] has expired may not engage in activities that require
a license [certificate] until the license [certificate] has been
renewed.
(b) A person whose license [certificate] has been expired
for 90 days or less may renew the license [certificate] by paying to
the department [commission] a renewal fee that is equal to 1-1/2
times the normally required renewal fee.
(c) A person whose license [certificate] has been expired
for more than 90 days but less than one year may renew the license
[certificate] by paying to the department [commission] a renewal
fee that is equal to two times the normally required renewal fee.
(d) A person whose license [certificate] has been expired
for one year or more may not renew the license [certificate]. The
person may obtain a new license [certificate] by complying with the
requirements and procedures, including the examination
requirements, for obtaining an original license [certificate].
(e) A person who holds a current license or certificate
issued by another [was certified in this] state[, moved to another
state, and is currently certified and has been in practice in the
other state for the two years preceding the date of application] may
obtain a license [new certificate] without examination
[reexamination]. The person must pay to the department
[commission] a fee determined by the department [that is equal to
two times the normally required renewal fee] for the license
[certificate].
(f) Not later than the 30th day before the date a person's
license [certificate] is scheduled to expire, the department
[commission] shall send written notice of the impending expiration
to the person at the person's last known address according to the
records of the department [commission].
SECTION 9. Section 81.0074, Human Resources Code, is
transferred to Subchapter B, Chapter 81, Human Resources Code, as
added by this Act, redesignated as Section 81.056, Human Resources
Code, and amended to read as follows:
Sec. 81.056 [81.0074]. PROVISIONAL LICENSE [CERTIFICATE].
(a) The department [commission] may issue a provisional license
[certificate] to an applicant currently licensed or certified in
another jurisdiction who seeks a license [certificate] in this
state and who:
(1) has been licensed or certified in good standing as
an interpreter for at least two years in another jurisdiction,
including a foreign country, that has licensing or certification
requirements substantially equivalent to the requirements of this
subchapter [chapter];
(2) has passed another [a national or other]
examination recognized by the department [commission] relating to
the practice of interpretation for people who are deaf or hard of
hearing; and
(3) is sponsored by a person licensed [certified] by
the department [commission] under this subchapter [chapter] with
whom the provisional license [certificate] holder will practice
during the time the person holds a provisional license
[certificate].
(b) The department [commission] may waive the requirement
of Subsection (a)(3) for an applicant if the department
[commission] determines that compliance with that subdivision
[subsection] would be a hardship to the applicant.
(c) A provisional license [certificate] is valid until the
date the department [commission] approves or denies the provisional
license [certificate] holder's application for a license
[certificate]. The department [commission] shall issue a license
[certificate] under this chapter to the provisional license
[certificate] holder if:
(1) the provisional license [certificate] holder is
eligible to be licensed [certified] under Section 81.052(f)
[81.007(f)]; or
(2) the provisional license [certificate] holder
passes the part of the examination under this subchapter [chapter]
that relates to the applicant's knowledge and understanding of the
laws and rules relating to the practice of interpretation for
people who are deaf or hard of hearing in this state, and:
(A) the department [commission] verifies that
the provisional license [certificate] holder meets the academic and
experience requirements for a license [certificate] under this
subchapter [chapter]; and
(B) the provisional license [certificate] holder
satisfies any other licensing [certification] requirements under
this subchapter [chapter].
(d) The department [commission] must approve or deny a
provisional license [certificate] holder's application for a
license [certificate] not later than the 180th day after the date
the provisional license [certificate] is issued. The department
[commission] may extend the 180-day period if the results of an
examination have not been received by the department [commission]
before the end of that period.
(e) The department [commission] may establish a fee for
provisional licenses [certificates] in an amount reasonable and
necessary to cover the cost of issuing the license [certificate].
SECTION 10. Subchapter B, Chapter 81, Human Resources Code,
as added by this Act, is amended by adding Sections 81.057 through
81.062 to read as follows:
Sec. 81.057. LICENSE REQUIREMENT. (a) A person may not
practice, offer or attempt to practice, or hold that person out to
be practicing as an interpreter for persons who are deaf or hard of
hearing unless the person is licensed under this subchapter.
(b) The department shall adopt rules related to the
investigation and enforcement of activity prohibited under
Subsection (a).
Sec. 81.058. PENALTIES AND OTHER ENFORCEMENT PROVISIONS.
(a) A violation of Section 81.057(a) is a deceptive trade practice.
(b) The department may apply to a district court in any
county for an injunction or another order to restrain the violation
of this subchapter by a person other than a license holder under
this subchapter.
(c) If it appears to the department that a person who is not
licensed under this subchapter is violating this subchapter or a
rule adopted under this subchapter, the department, after notice
and opportunity for a hearing, may issue a cease and desist order
prohibiting the person from engaging in the activity.
(d) A person commits an offense if the person violates this
subchapter.
(e) An offense under Subsection (d) is a misdemeanor
punishable by:
(1) confinement in the county jail for a period not to
exceed six months;
(2) a fine not to exceed $2,500; or
(3) both the confinement and the fine.
(f) If the person does not pay the fine and the enforcement
of the fine is not stayed, the fine may be collected and the
attorney general may sue to collect the penalty.
(g) This section does not apply to:
(1) a person interpreting in religious,
family-oriented, or other social activities as authorized by the
department;
(2) a person interpreting in an emergency situation
involving health care services in which an ordinarily prudent
physician in the same or similar circumstances might reasonably
believe that the delay necessary to obtain a licensed interpreter
is likely to cause injury or loss to the patient, until such time as
the services of a licensed interpreter can be obtained;
(3) a person enrolled in a course of study leading to a
certificate or degree in interpreting, provided that the person is
clearly designated as a student, trainee, or intern, and that the
person engages only in activities and services that constitute a
part of a supervised course of study;
(4) a person working as an educational interpreter in
compliance with rules established by the Texas Education Agency;
(5) a person interpreting at the request of an
individual who is deaf or hard of hearing, as long as the person
informs the individual who is deaf or hard of hearing that the
person is not licensed, and the person does not force, coerce, or
misguide the individual who is deaf or hard of hearing in seeking
the individual's consent;
(6) a person who is not a resident of this state and
who is currently licensed or certified in another jurisdiction, if
the person provides interpretation services in this state on fewer
than 30 days in a calendar year, except that days on which the
person provides services relating to a state of disaster declared
by the governor do not count toward the 30-day limit; and
(7) a person who engages in video relay interpreting.
Sec. 81.059. GROUNDS FOR DISCIPLINARY ACTION. The
department may refuse to issue or renew a license, revoke or suspend
a license, place on probation a person whose license has been
suspended, reprimand a license holder, or take other disciplinary
action deemed appropriate by the department, including the
imposition of a fine not to exceed $2,500, against a license holder
who:
(1) makes a material misstatement in furnishing
information to the department;
(2) violates this subchapter or a rule adopted under
this subchapter;
(3) is convicted of a felony or misdemeanor that
includes dishonesty as an essential element or of a crime directly
related to the practice of interpreting;
(4) demonstrates a pattern or practice of incapacity
or incompetence to practice or otherwise comply under this
subchapter;
(5) aids or assists another person in violating this
subchapter or a rule adopted under this subchapter;
(6) does not provide information in response to a
written request made by the department by certified mail within 30
days;
(7) engages in malpractice or dishonorable,
unethical, or unprofessional conduct that is likely to deceive,
defraud, or harm the public;
(8) is habitually intoxicated or addicted to a
controlled substance or a drug that is likely to result in a license
holder's inability to practice interpretation with reasonable
judgment, skill, or safety;
(9) is disciplined by another jurisdiction if at least
one of the grounds for the discipline is the same or substantially
equivalent to one of those set forth in this section;
(10) violates a term of probation;
(11) by clear and convincing evidence, is shown to
have abused or neglected a child;
(12) has been grossly negligent in the practice of
interpreting;
(13) with fraudulent intent interprets for an
individual under any name, including a false name or alias;
(14) knowingly allows another person or organization
to use the license holder's license to deceive an individual or the
public;
(15) cheats or attempts to cheat on an examination or
evaluation related to obtaining an interpreter license, or
intentionally divulges or inappropriately uses any aspect of
confidential information relating to the license examination;
(16) commits immoral conduct such as sexual abuse,
sexual misconduct, or sexual exploitation in the commission of an
act related to the license holder's practice;
(17) wilfully violates the confidentiality between an
interpreter and client, except as required by law;
(18) practices or attempts to practice interpreting
under a name other than the license holder's actual name;
(19) uses any false, fraudulent, or deceptive
statement in any document connected with the license holder's
practice;
(20) fails to report to the department any adverse
final action that is related to acts or conduct similar to acts or
conduct that would constitute grounds for action under this
section, taken against the license holder by another licensing
jurisdiction, a peer review body, a professional interpreting
association for persons who are deaf or hard of hearing, a
governmental agency, or a court presiding over a liability claim in
which the license holder is a party;
(21) fails to report to the department the license
holder's surrender of the license holder's:
(A) license or authorization to practice
interpreting in another state or jurisdiction; or
(B) membership in any interpreting association
or society for persons who are deaf or hard of hearing while under
disciplinary investigation by the association or society for acts
or conduct similar to acts or conduct that would constitute grounds
for action under this section;
(22) becomes unable to practice interpretation with
reasonable judgment, skill, or safety as a result of physical
illness or injury, including deterioration through the aging
process, loss of motor skills, or mental illness; or
(23) wilfully and grossly overcharges for interpreter
services, including charging for services that have not been
rendered.
Sec. 81.060. MENTAL OR PHYSICAL EXAMINATION. (a) The
department may compel a license holder who is licensed under this
subchapter, or who has applied for a license under this subchapter,
to submit to a mental or physical examination if the department has
a reasonable suspicion that the license holder or applicant is in
violation of a provision in Section 81.059 and if an examination
would be appropriate to reveal or address the violation. An
examination under this section must be at the expense of the
department and must be performed by a physician selected by the
department. The license holder or applicant being examined may, at
the expense of the license holder or applicant, select an
additional physician to be present during the examination.
(b) After the examining physician completes a mental or
physical examination under this section, the physician shall
provide to the department a report concerning the results of the
examination of the license holder or applicant. Any common law or
statutory privilege relating to communications between the license
holder or applicant and the examining physician does not apply to
the report.
(c) If a license holder or applicant fails to submit to an
examination under this section, the department, after notice and a
hearing, may suspend the license holder's license or withhold
decision on the applicant's application until the person submits to
the examination, if the department finds that the failure to submit
to the examination was without reasonable cause.
Sec. 81.061. ACTION FOLLOWING MENTAL OR PHYSICAL
EXAMINATION. (a) If the department determines, based on the mental
or physical examination performed under Section 81.060, that a
license holder or applicant is unable to practice interpretation,
the department may:
(1) allow the license holder or applicant to practice
interpretation:
(A) conditionally on the individual's submission
to appropriate care, counseling, or treatment; or
(B) subject to any other restriction or condition
that the department determines to be appropriate; or
(2) take disciplinary action, including suspension or
probation, that the department determines to be appropriate.
(b) If a license holder or applicant to whom the department
grants conditional permission to practice interpretation under
Subsection (a)(1) fails to comply with any condition or restriction
on the individual's practice, the department may immediately
suspend the license holder's license.
(c) If the department immediately suspends a license
holder's license according to Subsection (b), the department must
afford the license holder the opportunity for a hearing to be held
not later than the 15th day after the date on which the department
suspended the license holder's license. At a hearing held under
this subsection, the department may review any of the license
holder's treatment or counseling records to the extent allowed by
applicable confidentiality restrictions.
Sec. 81.062. RESUMING PRACTICE AFTER SUSPENSION. A license
holder whose practice was suspended according to any provision in
this subchapter may demonstrate to the department that the license
holder has remedied the reason for which the license was suspended
and is capable of resuming practice in compliance with the
requirements of this subchapter.
SECTION 11. A person is not required to hold a license
issued under Section 81.052, Human Resources Code, redesignated and
amended by this Act, until September 1, 2014.
SECTION 12. The changes in law made by this Act relating to
conduct that is grounds for imposition of a disciplinary sanction
apply only to conduct that occurs on or after September 1, 2014.
Conduct that occurs before that date is governed by the law in
effect on the date the conduct occurred, and the former law is
continued in effect for that purpose.
SECTION 13. Not later than September 1, 2014, the
Department of Assistive and Rehabilitative Services shall adopt
rules necessary to implement the changes in law made by this Act.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.