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The Road to Licensure. Where we are in the Journey. How did we get to where we are now?. Symposium and Summit FRID member survey Public testimony from FCCDHH Public testimony from FAD Road Tour Current state of interpreting in Florida FCCDHH final bill language.

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The road to licensure

The Road to Licensure

Where we are in the Journey


How did we get to where we are now
How did we get to where we are now?

  • Symposium and Summit

  • FRID member survey

  • Public testimony from FCCDHH

  • Public testimony from FAD Road Tour

  • Current state of interpreting in Florida

  • FCCDHH final bill language


All came back with the same message

All came back with the same message

Regulation of the profession is needed and wanted

In Florida


State licensure should should not
State LicensureShould…………………..…Should not


State licensure educational exempt non educational only
State LicensureEducational exempt……...Non-Educational only





Fad fccdhh public testimony
FAD & FCCDHH Public Testimony licensure?

  • Concerns about interpreting services dominated both

  • Facilities using “signing staff members”

  • Lack of a readily accessible complaint process


Current state of interpreting services in florida
Current State of Interpreting Services in Florida licensure?

  • No regulation other than vague statute referencing court interpreters

  • Anyone may claim to be an interpreter

  • Unsuspecting consumers paying the same for non-qualified as qualified practitioners

  • RID grievance process and remedies insufficient

  • Risk of harm to public without regulation

  • Variety of credentials confusing to hiring bodies


Fccdhh council bill included
FCCDHH licensure?Council Bill included…

Recommendations for standards and licensure of sign language interpreters and providers of Computer-Aided Real-time Translation services (CART) and other accreditation standards for service providers that are not subject to regulation by the state.


Fccdhh licensure task force
FCCDHH licensure?Licensure Task Force

  • 22 Members

  • First meeting in February of 2005

  • Last meeting in September of 2005


Task force members

Ali Blaylock, licensure?

Jennifer Briggs

Evy Friend

Sarah Harris

Ashley Luedtke

Yvonne Perkins

Angela Roth

Dawn Saunders

Lisa Schaefermeyer

Diane Smerling

Andrea Smith

Rosanne Trapani

Rafael Travino

Chris Wagner

Consultant

Sharon Casserta

Volunteer

Barbara Ledford

Task Force Members


Researching the journey
Researching the Journey licensure?

  • Research the other 49 states’ regulatory status

  • RID Model for regulation

  • NAD model for regulation

  • Statistical data in the state

  • State and methods of regulation in Florida


Researching the journey1
Researching The Journey licensure?

  • Existing national and state assessments

  • The unique culturally, ethnically and linguistically diverse nature of Florida

  • The unique dual-residency status of many Floridians

  • The multitude of interpreting-service venues


The road to licensure

Research showed… licensure?

The other 49 states

  • 10 States with Licensure

  • 11 States working on Licensure or Alternative

  • 8 States with alternative to licensure


Rid and nad model legislation
RID and NAD Model Legislation licensure?

  • 2 types of regulatory processes

  • Differ in Licensure board composition

  • Satisfying both models


Statistical data in the state
Statistical Data in the State licensure?

  • Number of Interpreters

  • Number of interpreters by credential

  • Number of DHH consumers

  • Number of referral agencies


State and methods of regulation in florida
State and Methods of Regulation in Florida licensure?

  • DBPR

  • Department of Health

  • Department of Education

  • Other State departments

  • Alternatives to Licensure

  • The “right to work” state


The unique culturally ethnically and linguistically diverse nature of florida
The unique culturally, ethnically, and linguistically diverse nature of Florida

  • Many first generation immigrants in Florida

  • Multiple spoken languages

  • Many deaf consumers of various ages from foreign countries.


The unique dual residency status of many floridians
The unique dual-residency status of many Floridians diverse nature of Florida

  • “Six month” consumers and practitioners


The multitude of interpreting service venues
The multitude of interpreting-service venues diverse nature of Florida

  • Education

  • Community

  • 5 VRS centers

  • Heavy senior Deaf population

  • Heavy senior HH population

  • 2 Residential treatment centers


A perfect partnership
A Perfect Partnership! diverse nature of Florida

  • Florida Association of the Deaf and Florida Registry of Interpreters for the Deaf have entered an equal partnership for the pursuit of interpreter regulation in Florida.

  • The objective is mutually beneficial and the current state of services is harmful to both constituencies.

  • Workload and financial contributions to the effort are shared by FRID and FAD.


The perfect partnership frid and fad
The Perfect Partnership diverse nature of FloridaFRID and FAD

Florida Registry of Interpreters for the Deaf, Inc.

Florida Association of the Deaf, Inc.


The bill itself
The bill itself diverse nature of Florida

  • The criteria for licensure

  • The types/tiers of licensure

  • Exemptions

  • Complaint procedures

  • Violations

  • Penalties

  • Affected statutes

  • Time frames


Recommendations of license eligibility categories
Recommendations of License Eligibility Categories diverse nature of Florida

  • License

  • Provisional License

  • Permit

  • Registered Permit

  • Special Limited License

  • Temporary License

  • Temporary Permit


Required for all license permits
Required for All License/Permits diverse nature of Florida

  • 18 years of age or older

  • High school diploma or equivalent

  • No felony convictions


License
License diverse nature of Florida

  • RID Certification

  • NAD 4/5 Certification

  • NIC Certification

  • TECUnit TSC Transliteration Skills Certification

    Note: We have suggested modifications and correction to the title of the certifying body regarding Cued English that will introduced prior to next session. Applies to all licenses and permits designated here.

    AA/AS for interpreters certified after 2010 to apply for License by 2010

      BA/BS for interpreters certified after 2012 to apply for license by 2012


Provisional license 5 years
Provisional License - 5 years diverse nature of Florida

  • QA 3/2

  • EIE 3/2

  • NAD 3

  • EIPA 4/5

  • TECUnit TSC: 3/4

    Deaf Interpreters

    Passing score on Certified Deaf Interpreter written test and Superior/Advanced plus SCPI/ASLPI


Permit 2 years
Permit – 2 years diverse nature of Florida

  • QA 1,

  • EIE 1,

  • EIPA 3

  • TECUnit 2/3

    Deaf Interpreters

    Twenty (20) documented hours of interpreter training 10 of which must be CDI specific and Superior/Advanced plus SCPI/ASLPI


Temporary license
Temporary License diverse nature of Florida

  • Interpreters temporarily residing in Florida who meet the criteria for licensure may hold a temporary license for a period not to exceed six (6) months.

  • One temporary license may be held in one calendar year.


Temporary permit
Temporary Permit diverse nature of Florida

  • Persons from another state who may or may not hold a valid credential from that State may hold a temporary permit for a period not to exceed six (6) months.

  • One temporary permit may be held.


Registered permit
Registered Permit diverse nature of Florida

“Grandfather Clause”

2 years

(Those interpreters entering practice after the date of enactment shall comply with the licensing requirements as provided for in the Florida Interpreter Law.)


Special limited license
Special Limited License diverse nature of Florida

  • The board shall have the authority to issue a special limited license in a specialized area for which no formal, generally recognized evaluation exists.

    • Deaf-blind interpreting

    • Multi-lingual interpreting

    • Certain non-sign modalities


Additional considerations
Additional Considerations diverse nature of Florida

  • Exemptions

  • Complaint Procedure

  • Revocation

  • Surrender of License

  • Inactive Status

  • Severability

  • Board Composition/Duties


Additional considerations1
Additional considerations diverse nature of Florida

  • Continuing Education Requirements

  • Fees

  • Application Process Renewal

  • Privilege

  • Penalties

  • Nondiscrimination

  • Definitions


Additional considerations2
Additional Considerations diverse nature of Florida

  • Interstate Reciprocity

  • State Declared Emergencies

  • Good Samaritan Law

  • Mentorship/Apprenticeship


Exemptions religious
Exemptions - diverse nature of FloridaReligious

  • An individual engaged solely in interpreting or transliterating at a worship service or ceremony conducted by a religious entity and services for educational purposes for a religious entity or religious affiliated school not receiving public monies.

  • This does not apply to settings requiring compliance with ADA.


Exemptions emergency
Exemptions - diverse nature of FloridaEmergency

  • An individual engaged in interpreting or transliterating services during an emergency situation until the services of a licensed interpreter can be obtained.


Exemptions emergency1
Exemptions - diverse nature of FloridaEmergency

An emergency is one where, after documented attempts to obtain the services of a licensed interpreter, an individual who is deaf or hard of hearing determines that the delay in obtaining a licensed interpreter might lead to injury or loss to the individual requiring services.


Exemptions emergency2
Exemptions - diverse nature of FloridaEmergency

  • The services of a licensed interpreter must continue to be sought while using the unlicensed interpreter.

  • Interpreter afforded protection under the “Good Samaritan Law”


Exemption students and interns
Exemption - diverse nature of FloridaStudents and Interns

Persons enrolled in a course of study and/or mentorship program

  • leading to certificate, degree, or licensure in interpreting

    • provided that such persons engage only in activities and services that constitute a part of a supervised plan of study that clearly designates them as student, trainee, or intern and

  • Where such activities and services are performed in the presence of a qualified supervising mentor.


Exemption students and interns1
Exemption - diverse nature of FloridaStudents and Interns

A qualified supervising mentor would be any or all of the following:

  • A mentor of an approved apprentice must be a fully licensed interpreter/transliterator

  • Instructor in an Interpreter Training Program with three (3) letters of recommendation from individuals already approved as Mentors

  • Considering alternative qualifications for Deaf Mentors


Exemption miscellaneous
Exemption - Miscellaneous diverse nature of Florida

  • Any person interpreting pro bono or for remuneration where circumstances do not allow for the fulfillment of the Stated requirements for licensure or permitting and where the services of a qualified interpreter are not required under the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C 794., I.D.E.A, NCLB, or the regulations adopted pursuant to those provisions, shall petition Florida Interpreter LicensureBoard for exemption. Such persons will be subject to the grievance process.


Privilege
Privilege diverse nature of Florida

  • An interpreter who interprets a conversation between a person who can hear and a deaf person is deemed a conduit for the conversation and may not disclose or be compelled to disclose by subpoena, the contents of the conversation, which he or she facilitated without the written consent of all the persons involved who received his/her services


Privilege1
Privilege diverse nature of Florida

  • All communications which are recognized by law as privileged, shall remain privileged even when an interpreter is utilized to facilitate such communication.

  • The following circumstances may be voluntarily disclosed:


Privilege voluntary disclosure
Privilege – voluntary disclosure diverse nature of Florida

  • When the person waives the privilege by bringing public charges against the Licensee;

  • When communication reveals the intended commission of a crime or harmful act and such disclosure is judged necessary by the licensed interpreter to protect any persons from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety


Privilege voluntary disclosure1
Privilege – voluntary disclosure diverse nature of Florida

  • Nothing shall prohibit a licensed interpreter from voluntarily testifying in court hearings concerning matters of adoption, child abuse, child neglect or other matters pertaining to children, except as provided under the Abused and Neglected Child Reporting Act;


Privilege voluntary disclosure2
Privilege – voluntary disclosure diverse nature of Florida

  • Educational Interpreters working in the Pre-K – 12 setting may disclose pertinent information to those directly responsible for the child’s educational program or to the members of the Individual Education Plan Team.

  • Parties are informed of disclosure practices


Privilege voluntary disclosure3
Privilege – voluntary disclosure diverse nature of Florida

  • Investigating voluntary disclosure in line with the guiding principles of the NIC/RID Code of Professional Conduct


Complaint procedure
Complaint Procedure diverse nature of Florida

  • Complaints regarding dishonorable, unethical, or unprofessional conduct of an interpreter shall be submitted to the Board, in writing or by videotape with a complaint form for review within one calendar year of the alleged violation.


Complaint procedure1
Complaint Procedure diverse nature of Florida

  • Complaints received shall be logged and will include, but will not be limited to the following information;

  • Licensee’s name;

  • Name of the complaining party;

  • Date of alleged violation;

  • Date of complaint;

  • Brief statement of complaint;

  • Disposition


Complaint procedure2
Complaint Procedure diverse nature of Florida

  • The Department will acknowledge all complaints in writing within ten (10) business days after being received.


Complaint procedure3
Complaint Procedure diverse nature of Florida

The Board may recommend to Department:

  • Revocation of a license

  • Suspension

  • Probation with required professional development

  • Censure or reprimand of a licensee

  • Or such disciplinary action as the Board may deem appropriate, for conduct that may result from, but not necessarily limited to:


Complaint procedure violations
Complaint Procedure - violations diverse nature of Florida

  • Obtained his/her license by means of fraud, misrepresentation, or concealment of material facts;

  • Has been guilty of fraud, misrepresentation, concealment or material misstatement of facts or deceit in connection with his/her services rendered as an interpreter or transliterator of the deaf;


Complaint procedure violations1
Complaint Procedure - violations diverse nature of Florida

  • Has been guilty of unprofessional conduct as defined below, and /or has violated any standard of professional or ethical conduct adopted by the Board.


Complaint procedure unprofessional conduct
Complaint Procedure – diverse nature of FloridaUnprofessional conduct

  • The use of any false or fraudulent Statement in any document connected with the practice of interpreting or transliterating;

  • The willful violation of a privileged communication;

  • The willful violation of confidentiality;


Complaint procedure unprofessional conduct1
Complaint Procedure diverse nature of FloridaUnprofessional conduct

  • Knowingly performing and act which in any way aids or assist an unlicensed person to practice interpreting or transliterating in violation of this Act;

  • The practice of interpreting or transliterating under a false or assumed name;


Complaint procedure unprofessional conduct2
Complaint Procedure diverse nature of FloridaUnprofessional conduct

  • The advertising for the practice of interpreting or transliterating in a deceptive or unethical manner;

  • Intoxication or the use of drugs while performing the duties and functions of an interpreter/transliterator


Complaint procedure unprofessional conduct3
Complaint Procedure diverse nature of FloridaUnprofessional conduct

  • Repeated violations of any of the rules or regulations of the Board or the violation of any section of this Act;

  • Has been disciplined by the Registry of Interpreters for the Deaf;

  • Repeated acts of gross misconduct in the practice of his/her profession;


Complaint procedure unprofessional conduct4
Complaint Procedure diverse nature of FloridaUnprofessional conduct

  • Has demonstrated a pattern of practice or other behavior, which demonstrates incapacity or incompetence to practice under this act;

  • Has violated any lawful order, or any provision of the Act or the rules or regulations promulgated herein;


Complaint procedure unprofessional conduct5
Complaint Procedure diverse nature of FloridaUnprofessional conduct

  • Aiding or assisting another person in violating any provision of this Act or any rule adopted herein


Revocation
Revocation diverse nature of Florida

  • Notice in writing of a contemplated revocation or suspension of a license, of the particular cause therefore, shall be sent registered mail to the licensee at his or her last known address within 15 days after decision.


Revocation1
Revocation diverse nature of Florida

  • The individual against whom charge is filled shall have a right to provide a letter(s) of defense, or evidence on his or her behalf


Revocation2
Revocation diverse nature of Florida

  • The complainant and respondent shall be notified in writing of the State decision within ninety (90) days after receipt.


Revocation3
Revocation diverse nature of Florida

  • After issuing an order of revocation or suspension

    • State may also file a report with the county in which the respondent resides or transacts business, to ensure appropriate injunctive relief to expedite and secure the enforcement of it’s order, pending the final determination.


Revocation4
Revocation diverse nature of Florida

  • An application for reinstatement may be made to the Board

    • affirmative vote of at least the majority

    • completion of required professional development


Revocation5
Revocation diverse nature of Florida

  • An application for reinstatement that has been denied reinstatement has the right to request a hearing.

  • An appeal in response to an action of the Board shall be in accordance with the Department


Penalties
Penalties diverse nature of Florida

  • After (enactment date), any person who undertakes or attempts to undertake the practice of interpreting or transliterating for remuneration among consumers without first having procured a valid license or permit, or who knowingly presents or files false information with the board for the purpose of obtaining a license or permit, or who violates this chapter shall be guilty of a misdemeanor of the first degree.


Penalties violations
Penalties - Violations diverse nature of Florida

  • Violations include, but are not limited to

  • Obtained his/her license by means of fraud, misrepresentation, or concealment of material facts;

  • Knowingly performing an act which in any way aids or assist an unlicensed person to practice interpreting or transliterating in violation of this Act;

  • The practice of interpreting or transliterating under a false or assumed name


Board composition
Board composition diverse nature of Florida

  • The Board shall represent diversity, as does the population of the State of Florida and the consumer settings in which interpreters provide services.

  • The Board shall consist of seven (7) members appointed by the Governor:


Board composition1
Board composition diverse nature of Florida

  • Three (3) fully licensed interpreters, one of whom must be a practicing educational interpreter;

  • One (1) deaf or hard-of-hearing interpreter holding a license, provisional license, or permit;

  • Two (2) consumers who are deaf or hard-of-hearing

  • One (1) consumer who is hearing


Board composition2
Board composition diverse nature of Florida

  • Members shall be appointed to serve terms of four (4) years except those first appointed whose terms shall be staggered:

  • No member shall serve more than two consecutive terms.


Board composition3
Board composition diverse nature of Florida

  • The members shall receive no compensation, but they shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties

  • Upon recommendation of the Board, the Governor may remove any member of the Board for neglect of duty or malfeasance in office.


Board duties
Board Duties diverse nature of Florida

  • The Florida Interpreter Licensure Board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it. Such rules shall include, but not be limited to the following:


Board duties1
Board Duties diverse nature of Florida

  • Adoption of and, as necessary, the revision of such rules that may be necessary to carry out the provisions of this chapter.

  • Approval or adoption of a code(s) of professional conduct for licensees.


Board duties2
Board Duties diverse nature of Florida

  • Adoption and enforcement of performance requirements, including education and examination standards, for interpreters

  • Determination of acceptable continuing education requirements to maintain licensure.


Board duties3
Board Duties diverse nature of Florida

  • Investigation and adoption of the most appropriate and acceptable testing tools to evaluate interpreters.

  • Fee schedules for granting licenses and renewing licenses.


Board duties4
Board Duties diverse nature of Florida

  • Establishment of procedures to enable investigations for the purpose of determining whether violations of this chapter or grounds for disciplining licensees exist.


Board duties5
Board Duties diverse nature of Florida

  • Acceptance of funds from federal and other sources to be used for the purposes of this chapter.


Additional legislation
Additional Legislation diverse nature of Florida

  • Mentorship/Apprentice Program

    • Separate from Licensure

    • Funded by other mechanism

    • Available to ITP graduates and working apprentice interpreters

    • Available to Special Limited Licensed Interpreters


Mentorship apprenticeship
Mentorship/Apprenticeship diverse nature of Florida

  • It is recommended that the state establish a state funded 5 year Interpreter Mentorship/Apprenticeship Program in order to increase the pool of qualified Sign language interpreters in order to comply with Federal law and state statures, and provide access to Deaf and Hard of Hearing persons within the State of Florida.


Mentorship apprenticeship1
Mentorship/Apprenticeship diverse nature of Florida

  • To include graduates from an Interpreter Training Program or Florida residents currently employed in providing Sign language services who are in need of Interpreter Licensure in order to be employed or maintain employment within the State of Florida


Mentorship apprenticeship2
Mentorship/Apprenticeship diverse nature of Florida

  • Mentor/Apprentice program shall utilize face to face, internet video, VRS, phone (voice/tty), and any other means for the program to be available throughout every Florida county


Collaboration and partnerships
Collaboration and Partnerships diverse nature of Florida

  • FAD and FRID co-sponsor Licensure Bill

  • It’s time to Rally in Tally!

Chris Wagner, President of FAD addresses the Rally in Tally


Florida coordinating council on deaf and hard of hearing interpreter licensure task force funding

FCCDHH diverse nature of Florida

Working lunches

FRID

Affiliates

GOFRID

BayFRID

Sorenson

Florida Coordinating Council on Deaf and Hard of HearingInterpreter Licensure Task Force Funding


Frid fad legislative consultant
FRID/FAD diverse nature of FloridaLegislative Consultant

Gary C. Lieffers of Lieffers and Associates

Legislative Consultant and Lobbyist


Thank you to our bill sponsors
Thank you to our diverse nature of FloridaBill Sponsors!

Rep.  Dennis  K.  BaxleyHB 1333

Senator Stephen K. WiseSB 2592


Roadblock
Roadblock!! diverse nature of Florida

  • Death of a bill

  • Or is it just a coma?


Death of a bill
Death of a Bill diverse nature of Florida

  • Time ran out on the session

  • We did not want it attached to certain bills

  • Found slight amendments needed which take even more time

    BUT……


It is just a coma
It is just a Coma!! diverse nature of Florida

  • Bill was never voted down/defeated

  • Passed in all committee hearings

  • Looked upon favorably by majority of representatives and Senators

  • Both sponsors have committed to the bil for next session


We ll be back
We’ll be Back diverse nature of Florida

  • The research is still current

  • The need is still not met

  • Both bill sponsors have committed to next session.

  • The FAD/FRID partnership demonstrates a consensus in the state

  • It is the right thing to do for Florida!


The road to licensure

We’re still on the road to licensure diverse nature of Florida

We have to stay focused on our destination and together we can make a difference.


Websites
Websites diverse nature of Florida

  • FridCentral.com

  • FadCentral.org

  • FCCDHH.org

  • MyFlorida.com

  • RID.org

  • NAD.org


References
References diverse nature of Florida

  • FCCDHH 2005 Report to the Governor

  • FRID 2004 Interpreter Regulation Membership Survey

  • Blaylock, Ali & Wagner, Chris – Propose Licensure – A Sneak Preview. FRID 2005 Conference

  • Schaefermeyer, Lisa – 2005 Symposium, Georgia

  • RID Model Legislation

  • NAD Model Legislation

  • FCCDHH Licensure Task Force Compilation of State’s regulatory language


Road to licensure
Road to Licensure diverse nature of Florida

…could not be traveled without the collaborative efforts of many stakeholders…

We thank them all!