CHAPTER 43-52 INTERPRETERS 43-52-01. Definitions

As used in this chapter, unless the context otherwise requires: 1

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5. "Consumer" means an individual who is deaf, deaf-blind, speech-impaired, hard-of-hearing, or who requires special communication techniques in order to communicate

"Interpreter" means an individual who engages in the practice of interpreting

"Interpreting" means the translating or transliterating of English concepts to any necessary specialized vocabulary used by a consumer or translating of a consumer's specialized vocabulary to English concepts. Necessary specialized vocabularies include American sign language, English-based sign language, and oral interpreting

"Nationally recognized certification" means certification granted by a national organization that is based on a skills assessment of the applicant. These organizations include the registry of interpreters for the deaf and the national association of the deaf

"Video remote interpreting" is a process that allows an individual who is deaf or hard-of-hearing to communicate with a hearing individual at the same location through an interpreter displayed via videoconferencing equipment or through a television with a videophone

43-52-02. Practice of interpreting

An individual may not practice or represent as an interpreter for deaf, deaf-blind, speech-impaired, or hard-of-hearing individuals in the state unless the individual holds a valid nationally recognized certification. A person may not provide video remote interpreting services in this state unless the person is an individual who holds a valid nationally recognized certification

43-52-03. Exceptions

This chapter does not prevent or restrict: 1

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A nonresident interpreter working in this state not more than nineteen days per year

An interpreter working at a religious activity

An interpreter working as a volunteer without compensation

An interpreter working in an emergency. An emergency is a situation in which the consumer decides that the length of time needed to obtain a certified interpreter is likely to cause injury or loss to the consumer

The activities and services of an interpreter intern or student-in-training enrolled in a program of study in interpreting at an accredited institution of higher learning; interpreting under the supervision of a certified interpreter as part of a supervised program; and identified as an interpreter intern or student-in-training

An individual using sign language or a manual communication system as a means of communication with or on behalf of a family member, a deaf individual, a deaf-blind individual, a speech-impaired individual, or hard-of-hearing individual who has specifically requested that use by that individual

A communication made as a reasonable accommodation for the employment of a deaf, deaf-blind, speech-impaired, or hard-of-hearing individual

A communication with a deaf, deaf-blind, speech-impaired, or hard-of-hearing individual who could not communicate using American sign language or English-based sign language

An individual working in an elementary or secondary school who has passed the educational interpreter performance assessment at a level of 3.5 or higher. An individual who has successfully completed an accredited interpreter training program from interpreting without certification for a period of up to two years from the date of completion of the program if, during that period, the individual is mentored by a trained mentor who is either a certified interpreter or a deaf adult

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Page No. 1 43-52-04. Penalty - Civil penalty

Any person who violates this chapter is guilty of a class B misdemeanor. In addition to the criminal penalties provided, the civil remedy of injunction is available to restrain and enjoin a violation of this chapter without proof of actual damages sustained by any person

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