BILL NUMBER: AB 2912 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Goldberg
FEBRUARY 20, 2004
An act to add Chapter 16 (commencing with Section 8900) to
Division 3 of the Business and Professions Code, relating to
interpreters and transliterators.
LEGISLATIVE COUNSEL'S DIGEST
AB 2912, as introduced, Goldberg. Interpreters and
transliterators.
Existing law provides for the licensure and regulation of certain
businesses and professions by the Department of Consumer Affairs or
licensing boards within the department.
This bill would provide for the licensing and regulation of
interpreters and transliterators, who offer interpreting and
transliterating services for the deaf, hard of hearing, and other
persons who require such services, as qualified interpreters. The
bill would require a qualified interpreter to fulfill certain
continuing education requirements, and would provide for other
regulations relating to interpreting and transliterating.
Because this bill would create a new crime by providing that a
violation of the bill is a misdemeanor, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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. INTERPRETERS AND TRANSLITERATORS ACT
Article 1. General Provisions
8900. This chapter shall be known and may be cited as the
Interpreters and Transliterators Act.
8901. The purposes of this chapter are as follows:
(a) To provide for the establishment of minimum standards for the
practice of interpreters and transliterators in the state.
(b) To regulate persons who offer interpreting and transliterating
services to the public who charge a fee or other payment, and to
impose penalties on anyone violating those regulations.
8902. For purposes of this chapter, the following definitions
apply:
(a) "Consumer" means a deaf or hard of hearing person, a person
with a speech disability, or any other person that requires the
services of an interpreter and transliterator to effectively
communicate and comprehend signed or spoken discourse.
(b) "Continuing Education Unit" or "CEU" means the nationally
recognized unit of measurement for interpreter and transliterator
activities that meet established criteria for increasing knowledge
and competency. One CEU is equal to 10 contact hours of
participation in an organized continuing education experience that is
based on responsible sponsorship, capable direction, and qualified
instruction.
(c) "Interpreter Preparation Program," "IPP," "Interpreter
Training Program," or "ITP" means a postsecondary degree program of
at least one year that is accredited by the State Board of Education
or a similar agency in another state, district, or territory.
(d) "Interpreter" means a person with the ability to interpret
between American Sign Language (ASL) and written or spoken English.
(e) "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.
(f) "Qualified interpreter" means a person who is certified by the
National Registry of Interpreters for the Deaf (RID), the National
Association of the Deaf (NAD), or the joint test currently being
developed by the RID/NAD Task Force, and who has met the requirements
of continuing education as an interpreter or transliterator as
required by RID's continuing education program.
(g) "Transliterater" means a person with the ability to
transliterate between English-based sign language and written or
spoken English.
(h) "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.
8903. (a) To the extent that a communication between two people
that do not share a common means of communication would be made
confidential by the Evidence Code or any other provision of law, the
assistance of a qualified interpreter to the parties involved in that
communication does not affect its confidentiality.
(b) The confidentiality of a communication as specified in
subdivision (a) shall be maintained by the interpreter unless a party
with the legal authority to do so waives that confidentiality.
Article 2. Scope of Regulation
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.
8911. This chapter applies to, but is not limited in its
application to, the following:
(a) Freelance community interpreters and transliterators.
(b) Tactile interpreters and transliterators for the deaf or blind
community.
(c) Oral interpreters and transliterators.
(d) Teacher assistants in deaf schools or mainstream programs, if
their responsibilities include interpreting and transliterating.
(e) Video Relay Service (VRS) interpreters and transliterators.
(f) An employee of any state, county, city, or school district
whose duties include interpreting and transliterating services to the
deaf or hard of hearing community.
(g) Educational interpreters and transliterators.
8912. The following persons are exempt from the requirements of
this chapter:
(a) A person who interprets or transliterates during a religious
organization's worship service.
(b) A person who is working in an emergency situation in which the
parties decide that the delay necessary to obtain a qualified
interpreter is likely to cause injury or loss to the consumer.
(c) 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
in interpreting and transliterating.
(2) Is supervised by a qualified interpreter.
(3) Within five years from his or her graduation date, obtains
national credentials as an interpreter and transliterator.
(d) A nonresident person from a state that does not require
national certification who meets all of the following requirements:
(1) The person's primary role is to interpret for a coworker who
is traveling in this state.
(2) The coworker is also a nonresident from a state that does not
require national certification.
Article 3. Educational Standards
8920. A qualified interpreter shall complete continuing education
units every year in accordance with the requirements set forth by
the National Registry of Interpreters for the Deaf (RID).
Article 4. Offenses and Enforcement
8930. Unless it is otherwise expressly provided, any person who
violates any provision of this chapter is guilty of a misdemeanor,
punishable by imprisonment for not more than six months, or by a fine
of not more than one thousand dollars ($1,000), or both that
imprisonment and that fine.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.