*RID SC:L (national) and CCASDHH (state) Legal Certificate are
mandated as the only certifications authorized by CA Judicial Council. Thus
the law mandates specialist legal certification from either organization
before one can work in the courts.
8910. Effective January 1, 2006, a person must be certified as a qualified interpreter, as defined in subdivision (e) of Section 8902,
in order to do any of the following:
(a) Engage in the practice of, or offer to engage in the practice of, interpreting and transliterating for a consumer.
(b) Use the title "interpreter," "transliterator," or a similar
title in connection with his or her name.
(c) Assume the identity of an interpreter and transliterator.
(d) Use the title "interpreter" or "transliterator" in
advertisements or descriptions.
(e) Perform the function of, or convey the impression that he or she is, an interpreter and
transliterator.
Currently EIPA is not the only certification that is being accepted. The
california Code of Regulations (5 ccr 3051.16) requires educational
interpters in California to be RID or equivalent by 2007. The
following test are equivalent with a score of level 4.0 or above.
1. National Association of the Deaf (NAD)
2. American consortium of certified interpreters (ACCI)
3. Educational Interpreters Performance Assessment (EIPA)
4. Educational Sign Skills Evaluation (ESSE)
This is the information I have recieved from the Hard of Hearing Program
Consultant for the California Department of Education. If after 2007 it will
be the same or change we will have to wait and see.
person
who falsifies credentials. This bill would require the California community
colleges, California State University, and University of California if the
regents agree, to issue a joint report to the Legislature by February 1, 2005,
that evaluates standards for the hiring of sign language interpreters and
offers recommendations for student access to qualified interpreters.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated
local program: no
The people of the State of California do enact as follows: SECTION 1.
Chapter 16 (commencing with Section 8900) is added to Division 3 of the
Business and Professions Code, to read: CHAPTER 16. SIGN LANGUAGE INTERPRETERS
AND TRANSLITERATORS ACT Article 1. General Provisions 8900. This chapter shall
be known and may be cited as the Sign Language Interpreters and
Transliterators Act.
8901. (a) The purposes of this chapter are as follows:
(1) To provide for the establishment of minimum standards for the practice
of sign language interpreters and transliterators in the state.
(2) To regulate persons who offer sign language interpreting and
transliterating services to the public who charge a fee or other payment, and
to impose penalties on anyone violating those regulations.
(b) It is not the intent of the Legislature in enacting this chapter to
infringe on a consumer's right to choose a sign language interpreter or
transliterator. It is the intent of the Legislature that entities offering
public accommodations for the deaf or hard-of-hearing should continue to
consult with individuals who are deaf or hard-of-hearing wherever possible in
order to determine what type of auxiliary aid is needed to ensure effective
communication.
8902. For purposes of this chapter, the following definitions apply:
(a) ``Consumer'' means a deaf or hard-of-hearing person, or any other
person that requires the services of a sign language interpreter and
transliterator to effectively communicate with and comprehend discourse
between American Sign Language and English.
(b) ``Interpreter Preparation Program,'' ``IPP,'' ``Interpreter Training
Program,'' or ``ITP'' means a postsecondary degree program of at least one
year.
(c) ``Sign language interpreter'' means a person with the ability to
interpret between American Sign Language (ASL) and written or spoken English.
(d) ``Sign language interpreting'' means the ability to interpret between
American Sign Language (ASL) and written or spoken English effectively,
accurately, and impartially, both receptively and expressively, using any
necessary specialized vocabulary.
(e) ``Qualified sign language interpreter'' means a person who holds
current certification credentials from the National Registry of Interpreters
for the Deaf (RID), the National Association of the
Deaf (NAD), the American Consortium of Certified Interpreters (ACCI), or an
equivalent organization, as determined by the Department of Consumer Affairs.
(f) ``Sign language transliterator'' means a person with the ability to
transliterate between English-based sign language and written or spoken
English.
(g) ``Sign language transliterating'' means the ability to transliterate
between English-based sign language and written or spoken English,
effectively, accurately, and impartially, both receptively and expressively,
using any necessary specialized vocabulary.
8904. Prior to evaluating credentialing organizations for purposes of
subdivision (e) of Section 8902, the Department of Consumer Affairs shall
convene a task force that includes, but is not limited to, consumers,
representatives from organizations serving the deaf and hard-of-hearing,
interpreter organizations, and the Department of Social Services' Office of
Deaf Access, to provide recommendations and suggestions. Upon receipt of the
task force's recommendations, the Department of Consumer Affairs shall have
the authority to evaluate and approve credentialing organizations for purposes
of subdivision (e) of Section 8902.
8906. (a) By February 1, 2005, the California community colleges,
California State University, and the University of California if the regents
agree, shall issue a joint report to the Legislature that evaluates existing
standards for the hiring of sign language interpreters and offers
recommendations to ensure that all deaf and hard-of-hearing students have
access to qualified interpreters.
(b) The California community colleges, California State University, and the
University of California if the regents agree, shall, in the preparation of
the report required by subdivision (a), seek input from interested parties,
including deaf and hard-of- hearing students, interpreter organizations, and
representatives of community organizations that provide services to the deaf
and hard-of-hearing.
Article 2. Scope of Regulation
8910. Effective January 1, 2009, a person must be certified as a qualified
sign language interpreter or transliterator pursuant to this chapter in order
to do any of the following:
(a) Engage in the practice of, or offer to engage in the practice of, sign
language interpreting and sign language transliterating for a consumer for
compensation.
(b) Use the title ``sign language interpreter,'' ``sign language
transliterator,'' or a similar title in connection with his or her name.
(c) Assume the identity of a sign language interpreter or sign language
transliterator.
(d) Use the title ``sign language interpreter'' or ``sign language
transliterator'' in advertisements or descriptions. (e)Convey the impression
that he or she is, a sign language interpreter or sign language transliterator.
8911. The following persons are exempt from the requirements of this
chapter:
(a) A person who engages in the practice of interpreting solely for
religious organizations.
(b) A person who is working in an emergency situation in which the parties
decide that the delay necessary to obtain a qualified sign language
interpreter is likely to cause injury or loss to the consumer.
(c) Individuals who must meet the requirements set forth in Section
3051.16 of Title 5 of the California Code of Regulations, established by
the California Department of Education.
(d) Individuals who must meet the requirements set forth by the California
Judicial Council for court sign language interpreters, as authorized by
subdivision (f) of Section 754 of the Evidence Code.
(e) A person who meets all of the following requirements:
(1) Has graduated from an Interpreter Training Program or an Interpreter
Preparation Program with an associate's degree or higher.
(2) Is teamed with and mentored by a qualified sign language interpreter
pursuant to this chapter.
(3) Identifies himself or herself to any referral agency or potential
client as being mentored by a qualified sign language interpreter.
(4) Within five years from his or her ITP or IPP graduation date, obtains
national credentials as a sign language interpreter and transliterator.
(d) A person who is licensed or certified in another state to engage in the
practice of sign language interpreting and who engages in the practice of sign
language interpreting in this state under either of the following conditions:
(1) The person engages in sign language interpreting in this state for a
period of not more than 30 nonconsecutive days in a calendar year.
(2) The person engages in sign language interpreting by teleconference if
the sign language interpreting services provided by that person are necessary
because a sign language interpreter is unavailable to provide those services
in person or by teleconference.
(e) A person who occasionally engages in the practice of sign language
interpreting in a social situation that does not require a qualified
interpreter pursuant to the provisions of the Americans with Disabilities Act
of 1990 (42 U.S.C. Sec. 12101 and following), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or the regulations adopted
under to those provisions.
Article 3. Offenses and Enforcement
8920. A referral agency or person who falsifies credentials may be assessed
an administrative penalty of not more than one thousand dollars ($1,000) by
the Department of Consumer Affairs.
