(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTS.B. 245
Senate Bill No. 245–Senator Mathews
February 26, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Provides for regulation of interpreters for persons who are deaf or whose hearing is impaired. (BDR 54‑231)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to professions; requiring interpreters for persons who are deaf or whose hearing is impaired to be certified; prescribing the requirements for certification; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 54 of NRS is hereby amended by adding thereto a
1-2 new chapter to consist of the provisions set forth as sections 2 to 10,
1-3 inclusive, of this act.
1-4 Sec. 2. As used in this chapter, unless the context otherwise
1-5 requires, the words and terms defined in sections 3 to 6, inclusive, of this
1-6 act have the meanings ascribed to them in those sections.
1-7 Sec. 3. “Interpreter” means a person who is qualified to engage in
1-8 the practice of interpreting in this state pursuant to section 9 of this act.
1-9 Sec. 4. “Person who is deaf” means a person who is not able to
1-10 process information aurally and whose primary means of
1-11 communication is visual.
1-12 Sec. 5. “Person whose hearing is impaired” means a person:
1-13 1. Who has a hearing deficit;
1-14 2. Who is able to process information aurally with or without the use
1-15 of a hearing aid or any other device that enhances the ability of a person
1-16 to hear; and
1-17 3. Whose primary means of communication may be visual.
1-18 Sec. 6. “Practice of interpreting” means the facilitation of
1-19 communication between persons who are deaf or whose hearing is
1-20 impaired and other persons. The term includes, without limitation:
1-21 1. Translating spoken language into American Sign Language or
1-22 any other visual-gestural system of communication or vice versa;
2-1 2. Translating spoken language into a tactile method of sign
2-2 language or vice versa;
2-3 3. Translating spoken language into an oral interpretation of the
2-4 speaker’s words by enunciating, repeating or rephrasing those words
2-5 without using the voice to assist a person who is deaf or whose hearing is
2-6 impaired in lipreading the information conveyed by the speaker;
2-7 4. Translating spoken language into a visual representation of
2-8 spoken language that:
2-9 (a) Uses eight hand shapes to represent groups of consonants and the
2-10 placement of those hand shapes in four positions around the face to
2-11 indicate groups of vowel sounds; and
2-12 (b) Is used in conjunction with lipreading;
2-13 5. Translating spoken English into a system of sign language that is
2-14 based on the syntax of the English language or vice versa; and
2-15 6. The use of any of the methods of interpreting or transliterating set
2-16 forth in subsections 1 to 5, inclusive, by a person who is deaf or whose
2-17 hearing is impaired to facilitate communication between another person
2-18 who is deaf or whose hearing is impaired and an interpreter, or between
2-19 two or more persons who are deaf or whose hearing is impaired.
2-20 Sec. 7. The practice of interpreting is hereby declared to be a
2-21 learned profession, affecting public health, safety and welfare, and is
2-22 subject to regulation to protect the general public from the practice of
2-23 interpreting by unqualified persons.
2-24 Sec. 8. The provisions of this chapter do not apply to a person who:
2-25 1. Is licensed in another state to engage in the practice of
2-26 interpreting and who engages in the practice of interpreting in this state:
2-27 (a) For a period of not more than 30 nonconsecutive days in a
2-28 calendar year; or
2-29 (b) By teleconference if the interpreting services provided by that
2-30 person are necessary because an interpreter is unavailable to provide
2-31 those services in person or by teleconference;
2-32 2. Engages in the practice of interpreting solely for meetings of
2-33 nonprofit civic or religious organizations; or
2-34 3. Engages occasionally in the practice of interpreting in a social
2-35 situation that does not require a qualified interpreter pursuant to the
2-36 provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§
2-37 12101 et seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §
2-38 794, or the regulations adopted pursuant to those provisions.
2-39 Sec. 9. 1. Except as otherwise provided in this section, a person
2-40 who wishes to engage in the practice of interpreting in this state must:
2-41 (a) Be at least 18 years of age;
2-42 (b) Have at least a high school diploma or a general equivalency
2-43 diploma;
2-44 (c) Be capable of providing the type of interpreting services required
2-45 for the person who is deaf or whose hearing is impaired; and
2-46 (d) Have:
2-47 (1) Been issued at least one of the following certificates by the
2-48 Registry of Interpreters for the Deaf or its successor organization:
2-49 (I) Master Comprehensive Skills Certificate;
3-1 (II) Comprehensive Skills Certificate;
3-2 (III) Certificate of Interpretation;
3-3 (IV) Certificate of Transliteration;
3-4 (V) Legal Specialist Certificate; or
3-5 (VI) Oral Interpreting Certificate;
3-6 (2) Been certified by the National Association of the Deaf or its
3-7 successor organization as having a level of proficiency in providing
3-8 interpreting services at level 3, 4 or 5; or
3-9 (3) Passed the Cued Language Transliterator National Certification
3-10 Examination administered by the Testing, Evaluation, and Certification
3-11 Unit, Inc., or its successor organization and must hold a Transliteration
3-12 Skills Certificate issued by the Testing, Evaluation, and Certification
3-13 Unit, Inc., or its successor organization.
3-14 2. A person who wishes to engage in the practice of interpreting in
3-15 this state in a legal setting must comply with the requirements set forth in
3-16 paragraphs (a), (b) and (c) of subsection 1 and must:
3-17 (a) Have been issued at least one of the certificates set forth in
3-18 subparagraph (1) of paragraph (d) of subsection 1;
3-19 (b) Have been certified by the National Association of the Deaf or its
3-20 successor organization as having a level of proficiency in providing
3-21 interpreting services at level 4 or 5; or
3-22 (c) Have passed the Cued Language Transliterator National
3-23 Certification Examination administered by the Testing, Evaluation, and
3-24 Certification Unit, Inc., or its successor organization and must hold a
3-25 Transliteration Skills Certificate issued by the Testing, Evaluation, and
3-26 Certification Unit, Inc., or its successor organization.
3-27 3. A person may engage in the practice of interpreting in this state in
3-28 a public school or private school if he:
3-29 (a) Complies with the requirements set forth in paragraphs (a), (b)
3-30 and (c) of subsection 1; and
3-31 (b) Has completed the Educational Interpreter Performance
3-32 Assessment administered by the Boys Town National Research Hospital
3-33 or its successor organization and received a rating of his level of
3-34 proficiency in providing interpreting services at level 4 or 5.
3-35 4. As used in this section:
3-36 (a) “Legal setting” means:
3-37 (1) A communication with a law enforcement officer, as defined in
3-38 NRS 179B.070, that relates to a criminal investigation;
3-39 (2) A communication with an attorney who is acting in his
3-40 professional capacity;
3-41 (3) A negotiation for a contract for which the estimated amount
3-42 required to perform the contract is $1,000 or more; or
3-43 (4) A judicial proceeding, including, without limitation:
3-44 (I) A grand jury proceeding;
3-45 (II) A court proceeding;
3-46 (III) A pretrial examination, deposition, motion and related
3-47 proceedings of like character; and
3-48 (IV) The proceedings of an administrative agency.
3-49 (b) “Public school” has the meaning ascribed to it in NRS 385.007.
4-1 (c) “Private school” has the meaning ascribed to it in NRS 394.103.
4-2 Sec. 10. 1. It is unlawful for a person to:
4-3 (a) Engage in the practice of interpreting in this state;
4-4 (b) Hold himself out as certified or qualified to engage in the practice
4-5 of interpreting in this state; or
4-6 (c) Use in connection with his name any title, words, letters or
4-7 other designation intended to imply or designate that he is an
4-8 interpreter,
4-9 without first complying with the requirements set forth in section 9 of
4-10 this act.
4-11 2. A person who violates the provisions of subsection 1:
4-12 (a) Is guilty of a misdemeanor; and
4-13 (b) May be assessed a civil penalty of not more than $5,000.
4-14 3. An action for the enforcement of a civil penalty assessed pursuant
4-15 to this section may be brought in any court of competent jurisdiction by
4-16 the district attorney of the appropriate county or the attorney general.
4-17 Sec. 11. NRS 50.050 is hereby amended to read as follows:
4-18 50.050 1. As used in NRS 50.050 to 50.053, inclusive, unless the
4-19 context requires otherwise:
4-20 (a) [“Handicapped person” means a person who, because he is deaf,
4-21 mute or has a physical speaking impairment, cannot readily understand or
4-22 communicate in the English language or cannot understand the
4-23 proceedings.
4-24 (b)] “Interpreter” means a person who is [readily] :
4-25 (1) Qualified to engage in the practice of interpreting in this state
4-26 pursuant to subsection 2 of section 9 of this act; and
4-27 (2) Readily able to communicate with [the handicapped person,] a
4-28 person with a disability, translate the proceedings for him , and accurately
4-29 repeat and translate the statements of the [handicapped] person with a
4-30 disability to the court or magistrate or other person presiding over the
4-31 proceedings.
4-32 (b) “Person with a disability” means a person who, because he is deaf,
4-33 mute or has a physical speaking impairment, cannot readily understand
4-34 or communicate in the English language or cannot understand the
4-35 proceedings.
4-36 2. In all judicial proceedings in which a [handicapped] person with a
4-37 disability appears as a witness, the court, magistrate or other person
4-38 presiding over the proceedings shall appoint an interpreter to interpret the
4-39 proceedings to [the handicapped] that person and to interpret the testimony
4-40 of [the handicapped] that person to the court, magistrate or other person
4-41 presiding.
4-42 3. The court, magistrate or other person presiding over the proceedings
4-43 shall fix a reasonable compensation for the services and expenses of the
4-44 interpreter appointed pursuant to this section. If the judicial proceeding is
4-45 civil in nature , the compensation of the interpreter may be taxed as costs
4-46 and must not be charged as a public expense.
4-47 4. Claims against a county, municipality, [the] this state or any agency
4-48 thereof for the compensation of an interpreter in a criminal proceeding or
4-49 other proceeding for which an interpreter must be provided at public
5-1 expense must be paid in the same manner as other claims against the
5-2 respective entities are paid. Payment may be made only upon the certificate
5-3 of the judge, magistrate or other person presiding over the proceedings that
5-4 the qualified interpreter has performed the services required and incurred
5-5 the expenses claimed.
5-6 Sec. 12. NRS 50.051 is hereby amended to read as follows:
5-7 50.051 An interpreter must be appointed at public expense for a
5-8 [handicapped] person with a disability who is a party to or a witness in a
5-9 criminal proceeding.
5-10 Sec. 13. NRS 50.052 is hereby amended to read as follows:
5-11 50.052 1. If an interpreter appointed for a [handicapped] person with
5-12 a disability is not effectively or accurately communicating with or on
5-13 behalf of the [handicapped person,] person with a disability, and that fact
5-14 becomes known to the person who appointed him, another interpreter must
5-15 be appointed.
5-16 2. Unless otherwise agreed upon by the parties, a person may not be
5-17 appointed as an interpreter of a [handicapped] person with a disability in a
5-18 proceeding if he is:
5-19 (a) The spouse of the [handicapped] person with a disability or related
5-20 to him; or
5-21 (b) Otherwise interested in the outcome of the proceeding or biased for
5-22 or against one of the parties.
5-23 3. Whenever possible, a [handicapped] person with a disability must
5-24 be given an interpreter of his [own] choice or one of whom he approves.
5-25 Sec. 14. NRS 50.053 is hereby amended to read as follows:
5-26 50.053 1. Before undertaking his duties, the interpreter shall swear or
5-27 affirm that he will make a true interpretation in an understandable manner
5-28 to the person for whom he has been appointed, and that he will repeat the
5-29 statements of the [handicapped] person with a disability in the English
5-30 language to the best of his ability.
5-31 2. While in the proper performance of his duties, an interpreter acts in
5-32 the place of the [handicapped] person with a disability and to that extent
5-33 has all of the rights and privileges of [the handicapped] that person for
5-34 purposes of the proceeding, including access to all relevant material.
5-35 Sec. 15. NRS 50.054 is hereby amended to read as follows:
5-36 50.054 1. Except as otherwise provided by a regulation of the court
5-37 administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not
5-38 act as an interpreter in a proceeding if he is:
5-39 (a) The spouse of a witness;
5-40 (b) Otherwise related to a witness;
5-41 (c) Biased for or against one of the parties; or
5-42 (d) Otherwise interested in the outcome of the proceeding.
5-43 2. Before undertaking his duties, the interpreter shall swear or affirm
5-44 that he will:
5-45 (a) To the best of his ability, translate accurately to the witness, in the
5-46 language of the witness, questions and statements addressed to the witness;
5-47 (b) Make a true interpretation of the statements of the witness in an
5-48 understandable manner; and
6-1 (c) Repeat the statements of the witness in the English language to the
6-2 best of his ability.
6-3 3. While in the proper performance of his duties, an interpreter has the
6-4 same rights and privileges as the witness, including the right to examine all
6-5 relevant material, but is not entitled to waive or exercise any of those rights
6-6 or privileges on behalf of the witness.
6-7 4. As used in this section, “interpreter” means a person who is readily
6-8 able to communicate with a person who speaks a language other than
6-9 English and does not know the English language, translate the proceedings
6-10 for him and accurately repeat and translate the statements of the person in a
6-11 language other than English to the court, magistrate or other person
6-12 presiding. The term does not include an interpreter for [handicapped
6-13 persons] a person with a disability as that term is defined in NRS 50.050.
6-14 Sec. 16. NRS 171.1536 is hereby amended to read as follows:
6-15 171.1536 Upon the arrest of a [handicapped] person with a disability
6-16 as defined in NRS 50.050, and before his interrogation or the taking of his
6-17 statement, the peace officer in actual charge of the station, headquarters or
6-18 other facility to which the [handicapped] person with a disability has been
6-19 brought shall make an interpreter who is qualified to engage in the
6-20 practice of interpreting in this state pursuant to subsection 2 of section 9
6-21 of this act available at public expense to [the handicapped] that person,
6-22 subject to the provisions of NRS 50.052 and 50.053.
6-23 Sec. 17. NRS 171.1537 is hereby amended to read as follows:
6-24 171.1537 When a [handicapped] person with a disability is detained in
6-25 custody, the detaining authority shall make available to him reasonable
6-26 means of communication, at least pencil and paper , and at least two
6-27 envelopes and first-class postage stamps. If the [handicapped] person with
6-28 a disability so requests, the proper officer of the detaining authority shall
6-29 make on his behalf the same number and kind of telephone calls which a
6-30 person arrested is [permitted] authorized by law or custom to make for
6-31 himself, and shall mail any letters written by [the handicapped] that
6-32 person.
6-33 Sec. 18. NRS 171.1538 is hereby amended to read as follows:
6-34 171.1538 1. The rights to interpretation and communication provided
6-35 in NRS 171.1536 and 171.1537 may not be waived except knowingly and
6-36 voluntarily by the [handicapped] person with a disability by a written
6-37 statement indicating his desire not to be so assisted. At any time [from
6-38 arrest to] after arrest but before the termination of any custody, the
6-39 [handicapped] person may retract his waiver by indicating his desire to be
6-40 so assisted.
6-41 2. Unless there is a waiver under this section, there [shall] must be no
6-42 interrogation or taking of the statement of a [handicapped] person with a
6-43 disability without the assistance of an interpreter who is qualified to
6-44 engage in the practice of interpreting in this state pursuant to subsection
6-45 2 of section 9 of this act.
6-46 Sec. 19. NRS 213.055 is hereby amended to read as follows:
6-47 213.055 An applicant or a witness at a hearing upon an application for
6-48 clemency who is a [handicapped] person with a disability as defined in
6-49 NRS 50.050 is entitled to the services of an interpreter at public expense,
7-1 subject to the provisions of NRS 50.052 and 50.053. The interpreter must
7-2 be [appointed] :
7-3 1. Qualified to engage in the practice of interpreting in this state
7-4 pursuant to subsection 2 of section 9 of this act; and
7-5 2. Appointed by the governor or a member of the board designated by
7-6 him.
7-7 Sec. 20. NRS 213.128 is hereby amended to read as follows:
7-8 213.128 A prisoner, parolee or a witness at the hearing of a case who
7-9 is a [handicapped] person with a disability as defined in NRS 50.050 is
7-10 entitled to the services of an interpreter at public expense, subject to
7-11 the provisions of NRS 50.052 and 50.053. The interpreter must be
7-12 [appointed] :
7-13 1. Qualified to engage in the practice of interpreting in this state
7-14 pursuant to subsection 2 of section 9 of this act; and
7-15 2. Appointed by the chairman of the board or other person who
7-16 presides at the hearing.
7-17 Sec. 21. NRS 233B.1235 is hereby amended to read as follows:
7-18 233B.1235 A witness during his testimony at a hearing of a contested
7-19 case, who is a [handicapped] person with a disability as defined in NRS
7-20 50.050, is entitled to the services of an interpreter at public expense,
7-21 subject to the provisions of NRS 50.052 and 50.053. The interpreter must
7-22 be [appointed] :
7-23 1. Qualified to engage in the practice of interpreting in this state
7-24 pursuant to subsection 2 of section 9 of this act; and
7-25 2. Appointed by the person who presides at the hearing.
7-26 Sec. 22. NRS 391.31925 is hereby amended to read as follows:
7-27 391.31925 The licensed employee or a witness at a hearing under NRS
7-28 391.311 to 391.3196, inclusive, who is a [handicapped] person with a
7-29 disability as defined in NRS 50.050, is entitled to the services of an
7-30 interpreter at public expense, subject to the provisions of NRS 50.052 and
7-31 50.053. The interpreter must be [appointed] :
7-32 1. Qualified to engage in the practice of interpreting in this state
7-33 pursuant to subsection 2 of section 9 of this act; and
7-34 2. Appointed by the hearing officer.
7-35 Sec. 23. NRS 396.324 is hereby amended to read as follows:
7-36 396.324 The person who is the subject of a disciplinary hearing under
7-37 this chapter or who is a witness at that hearing, and who is a [handicapped]
7-38 person with a disability as defined in NRS 50.050, is entitled to the
7-39 services of an interpreter at public expense, subject to the provisions of
7-40 NRS 50.052 and 50.053. The interpreter must be [appointed] :
7-41 1. Qualified to engage in the practice of interpreting in this state
7-42 pursuant to subsection 2 of section 9 of this act; and
7-43 2. Appointed by the person who presides at the hearing.
7-44 Sec. 24. NRS 422.278 is hereby amended to read as follows:
7-45 422.278 Any person who is:
7-46 1. The subject of a hearing conducted under the authority of the
7-47 welfare division or the division of health care financing and policy; or
7-48 2. A witness at that hearing,
8-1 and who is a [handicapped] person with a disability as defined in NRS
8-2 50.050, is entitled to the services of an interpreter at public expense,
8-3 subject to the provisions of NRS 50.052 and 50.053. The interpreter must
8-4 be qualified to engage in the practice of interpreting in this state
8-5 pursuant to subsection 2 of section 9 of this act and must be appointed by
8-6 the person who presides at the hearing.
8-7 Sec. 25. NRS 463.342 is hereby amended to read as follows:
8-8 463.342 Any person who is the subject of a hearing conducted under
8-9 the provisions of this chapter, or who is a witness at that hearing, and who
8-10 is a [handicapped] person with a disability as defined in NRS 50.050, is
8-11 entitled to the services of an interpreter at public expense, subject to
8-12 the provisions of NRS 50.052 and 50.053. The interpreter must be
8-13 [appointed] :
8-14 1. Qualified to engage in the practice of interpreting in this state
8-15 pursuant to subsection 2 of section 9 of this act; and
8-16 2. Appointed by the person who presides at the hearing.
8-17 Sec. 26. NRS 608.0116 is hereby amended to read as follows:
8-18 608.0116 “Professional” means pertaining to an employee who is
8-19 licensed or certified by the State of Nevada for and engaged in the practice
8-20 of law or any of the professions regulated by chapters 623 to 645,
8-21 inclusive, of NRS[.] and sections 2 to 10, inclusive, of this act.
8-22 Sec. 27. NRS 615.200 is hereby amended to read as follows:
8-23 615.200 The bureau may:
8-24 1. Enter into reciprocal agreements with other states , [(]which, for
8-25 this purpose, may include the District of Columbia, Puerto Rico, the Virgin
8-26 Islands and Guam , [)] to provide for the vocational rehabilitation of
8-27 individuals within the states concerned;
8-28 2. Establish or construct rehabilitation facilities and workshops and
8-29 make grants to, or contracts or other arrangements with, public and other
8-30 nonprofit organizations for the establishment of workshops and
8-31 rehabilitation facilities;
8-32 3. Operate facilities for carrying out the purposes of this chapter;
8-33 4. In matters relating to vocational rehabilitation:
8-34 (a) Conduct research, studies, investigations and demonstrations and
8-35 make reports;
8-36 (b) Provide training and instruction , [(]including , without limitation,
8-37 the establishment and maintenance of such research fellowships and
8-38 traineeships with such stipends and allowances as may be deemed
8-39 necessary ; [);]
8-40 (c) Disseminate information; and
8-41 (d) Render technical assistance;
8-42 5. Provide for the establishment, supervision, management and control
8-43 of small business enterprises to be operated by severely handicapped
8-44 persons where their operation will be improved through the management
8-45 and supervision of the bureau; and
8-46 6. Maintain a list of persons who are qualified to engage in the
8-47 practice of interpreting in this state pursuant to section 9 of this act to
8-48 serve as interpreters for handicapped persons and shall make any such list
8-49 available without charge to persons who request it.
9-1 Sec. 28. Notwithstanding the provisions of sections 2 to 30, inclusive,
9-2 of this act, a person who engages in the practice of interpreting in this state
9-3 is not required to comply with the provisions of section 9 of this act before
9-4 July 1, 2003.
9-5 Sec. 29. The provisions of section 10 of this act do not apply to
9-6 offenses committed before July 1, 2003.
9-7 Sec. 30. 1. This section and sections 1 to 9, inclusive, and 26 to 29,
9-8 inclusive, of this act become effective on October 1, 2001.
9-9 2. Sections 10 to 25, inclusive, of this act become effective on July 1,
9-10 2003.
9-11 H