(a) For the purposes of this section:

(1) “Interpreting” means the translating or transliterating of English concepts to a language concept used by a person who is deaf or hard of hearing or means the translating of a language concept of a person who is deaf or hard of hearing to English concepts. Language concepts include, but are not limited to, the use of American Sign Language, English-based sign language, cued speech, oral transliterating and information received tactually;

(2) “Legal setting” means any criminal or civil action involving a court of competent jurisdiction, any investigation conducted by a duly authorized law enforcement agency, employment related hearings and appointments requiring the presence of an attorney;

(3) “Medical setting” means medical related situations including mental health treatment, psychological evaluations, substance abuse treatment, crisis intervention and appointments or treatment requiring the presence of a doctor, nurse or other health care professional; and

(4) “Educational setting” means a school or other educational institution, including elementary, high school and post-graduation schools where interpretive services are provided to a student.

(b) All persons providing interpreting services shall register, annually, with the Department of Rehabilitation Services. Such registration shall be on a form prescribed or furnished by the Commissioner of Rehabilitation Services and shall include the registrant’s name, address, phone number, place of employment as interpreter and interpreter certification or credentials. The department shall issue identification cards for those who register in accordance with this section.

(c) No person shall provide interpreting services unless such person is registered with the Department of Rehabilitation Services according to the provisions of this section and (1) has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, holds a level three certification provided by the National Association of the Deaf, documents the achievement of two continuing education units per year for a maximum of five years of training approved by the Commissioner of Rehabilitation Services, and on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination, (2) has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination and is a graduate of an accredited interpreter training program and documents the achievement of two continuing education units per year for a maximum of five years of training approved by the commissioner, and on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination, (3) holds a level four or higher certification from the National Association of the Deaf, (4) holds certification by the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, (7) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, or (8) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(d) No person shall provide interpreting services in a medical setting unless such person is registered with the Department of Rehabilitation Services according to the provisions of this section and (1) holds a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) holds a certificate of interpretation or a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) holds a level four or higher certification from the National Association of the Deaf, (4) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(e) No person shall provide interpreting services in a legal setting unless such person is registered with the Department of Rehabilitation Services according to the provisions of this section and (1) holds a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) holds a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) holds a level five certification from the National Association of the Deaf, (4) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(f) The requirements of this section shall apply to persons who receive compensation for the provision of interpreting services and include those who provide interpreting services as part of their job duties.

(P.A. 98-252, S. 73, 80; June Sp. Sess. P.A. 01-2, S. 24, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 07-15, S. 1; P.A. 09-8, S. 10; P.A. 11-44, S. 42; June 12 Sp. Sess. P.A. 12-1, S. 93; P.A. 17-202, S. 94.)

History: P.A. 98-252 effective July 1, 1998; June Sp. Sess. P.A. 01-2 added Subsec. (a)(4) defining “educational setting”, amended Subsec. (d)(3) to reduce required certification from level five to level four and added Subsec. (g) re provision of services in an educational setting, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 07-15 amended Subsec. (a)(1) to redefine “interpreting” by substituting “language concept” for “specialized vocabulary” and making a technical change, amended Subsec. (a)(2) to redefine “legal setting” by substituting “a court of competent jurisdiction” for “the Superior Court or its agents”, amended Subsec. (a)(3) to redefine “medical setting” by adding “other health care professional”, amended Subsec. (c)(1) and (2) by adding reference to passage of the “National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination” and additional references to passage of the “National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination” to testing provisions, added Subsecs. (c)(8), (d)(7) and (e)(7) re holding National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, amended Subsecs. (c)(3) and (d)(3) to require level four “or higher” certification, and made technical changes; P.A. 09-8 made technical changes in Subsecs. (c), (d) and (e); P.A. 11-44 amended Subsec. (b) by replacing “Commission on the Deaf and Hearing Impaired” with “Bureau of Rehabilitative Services”, replacing “commission” with “director of the Bureau of Rehabilitative Services”, deleting provision requiring annual issuance of identification cards and making technical changes, amended Subsecs. (c), (d) and (e) by replacing “commission” with “Bureau of Rehabilitative Services” and making conforming changes, and deleted former Subsec. (g) re interpreting services in an educational setting, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services and replaced references to director of Bureau of Rehabilitative Services with references to Commissioner of Rehabilitation Services, effective July 1, 2012; P.A. 17-202 amended Subsec. (a)(1) by replacing “deaf or hard of hearing person’s language concept” with “language concept of a person who is deaf or hard of hearing”.