By: Rodriguez of Travis, J. Davis of Harris, H.B. No. 2072
Naishtat
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 an administrative penalty; requiring a
fee and 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 Subdivisions (5) and (6) to read as follows:
(5) "Department" means the Department of Assistive and
Rehabilitative Services.
(6) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
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 in the curriculum
[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) advise the executive commissioner on the adoption
of [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 commissioner of the department [commission] shall
develop and implement policies that clearly define the [respective]
responsibilities of the [governing body of the commission and the]
staff of the department under this chapter [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 executive commissioner, in
consultation with 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 to read as follows:
SUBCHAPTER B. SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING
Sec. 81.051. APPLICABILITY OF SUBCHAPTER TO COURT
INTERPRETERS. The provisions of this subchapter apply to a court
interpreter to the same extent that the provisions apply to any
other interpreter and are in addition to the requirements of
Chapter 57, Government Code.
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 defray [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 executive commissioner
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 executive commissioner, in consultation with 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 [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].
(m) A person who holds an interpreter's license or
certificate issued by another jurisdiction, including a foreign
country, or an entity recognized by the department to have
licensing or certification requirements substantially equivalent
to the requirements of this subchapter may obtain a comparable
license, as determined by the department, without an examination.
The person shall pay to the department a fee in an amount determined
by the department for the license.
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 subchapter
[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 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 new certificate without reexamination. The
person must pay to the commission a fee that is equal to two times
the normally required renewal fee for the 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, including a foreign country, 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 subchapter [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, 81.058,
and 81.059 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 executive commissioner, in consultation with the
department, may adopt rules related to the investigation and
enforcement of activity prohibited under Subsection (a).
(c) 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 who is not a resident of this state and
who is licensed or certified in another jurisdiction or by an entity
recognized by the department, 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;
(5) a person who engages in video relay interpreting;
or
(6) a person providing interpreting services in
another setting as determined by the department.
(d) The department may suspend the license of a person who
violates a provision of this subchapter or a rule adopted under this
subchapter.
Sec. 81.058. ADMINISTRATIVE PENALTIES. (a) The department
may impose an administrative penalty on a person who violates
Section 81.057 or a rule adopted under that section.
(b) A penalty imposed under this section may not exceed
$5,000 for each violation. Each day a violation continues or occurs
is a separate violation for the purpose of imposing a penalty.
(c) When imposing a penalty under this section, the
department must consider:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other consideration that justice may require.
(d) The executive commissioner, in consultation with the
department, shall adopt rules necessary to implement this section.
Sec. 81.059. REINSTATEMENT OF LICENSE AFTER SUSPENSION. The
department may reinstate the license of a license holder whose
practice was suspended according to any provision in this
subchapter if the license holder demonstrates 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, all
administrative orders entered against the license holder, and all
rules adopted under this subchapter.
SECTION 11. A person is not required to hold a license
issued under Section 81.052, Human Resources Code, as redesignated
and amended by this Act, until June 1, 2015.
SECTION 12. The Department of Assistive and Rehabilitative
Services shall issue a license under Section 81.052, Human
Resources Code, as redesignated and amended by this Act, without an
examination, to any person who, on the effective date of this Act,
held a current and valid certification granted by the Board for
Evaluation of Interpreters and who met all other requirements for
holding that certification. A person who was on probation or whose
certification was suspended must comply with all terms, conditions,
and requirements relating to the suspension or probation prior to
eligibility for issuance of a license under this section.
SECTION 13. 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 June 1, 2015
. Conduct
that occurs before that date is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 14. Not later than September 1, 2014, the executive
commissioner of the Health and Human Services Commission in
consultation with the Department of Assistive and Rehabilitative
Services shall adopt rules necessary to implement the changes in
law made by this Act.
SECTION 15. 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.