§ 17a-838 — (Formerly Sec. 46a-33a). Registration of persons providing interpreting services. Required qualifications. Penalties for misrepresentation.

Connecticut § 17a-838

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319l: Department of Aging and Disability Services

Text

(a) For the purposes of this section: (1) “Community setting” means any setting, other than those specifically identified as educational, legal or medical, including, but not limited to, any setting involving everyday life activities such as information sharing, employment, social services, entertainment and civic and community engagements; (2) “Department” means the Department of Aging and Disability Services; (3) “Interpreting” means the translating or transliterating of English concepts to a language concept used by a person who is deaf, deafblind or hard of hearing or the translating of a deaf, deafblind or hard of hearing person's language to English concepts through the use of American Sign Language, English-based sign language, cued speech, oral transliterating and information received tactually; (4) “Deafblind” means combined vision and hearing impairments that challenge a person's ability to communicate, interact with others, access information and move about safely; (5) “Educational setting” means any setting where interpretive services are provided concerning education-related matters, including, but not limited to, all schools, school-based programs, services and activities and other educational programs; (6) “Legal setting” means any criminal or civil action involving a court of competent jurisdiction, any investigation or action conducted by a duly authorized law enforcement agency, employment-related hearings, appointments and situations requiring the presence of an attorney; (7) “Medical setting” means gatherings or gathering places where physical health, mental health, or both are addressed, including, but not limited to, hospitals, clinics, assisted living and rehabilitation facilities, mental health treatment sessions, psychological evaluations, substance abuse treatment sessions, crisis intervention and appointments or other treatment requiring the presence of a doctor, nurse, medical staff or other health care professional; and (8) “Transliterating” means converting or rendering English concepts to a language concept used by a person who is deaf, deafblind or hard of hearing or the translating of a deaf, deafblind or hard of hearing person's language concept to English concepts. (b) Except as provided in subsections (g) and (h) of this section, all persons providing interpreting services shall register, annually, with the Department of Aging and Disability Services. Such registration shall be on a form prescribed or furnished by the Commissioner of Aging and Disability Services and shall include the registrant's name, residential or business address, or both, contact information, including, but not limited to, phone number, place of employment as interpreter and interpreter certification or credentials. The department shall (1) issue interpreter identification cards for those who register in accordance with this section, and (2) maintain a current listing on its Internet web site of such registered interpreters, categorized by interpreter settings for which they are qualified. The department may also require documentation of the registrant's training hours. The department shall annually issue interpreter identification cards listing the type of settings in which the registrant is qualified to interpret. The department shall establish an Internet web page containing information about services for deaf, deafblind and hard of hearing individuals. The department's Internet web page shall include, but not be limited to, information related to such services provided by the department and the Departments of Social Services, Mental Health and Addiction Services and Children and Families. (c) Except as provided in subsections (g) and (h) of this section, no person shall provide interpreting services in the state, including in a community setting, unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section, holds recognized national or state interpreter credentials determined by the department to be acceptable for interpreting purposes where appropriate in Connecticut and has met at least one of the following qualifications: (1) (A) Has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, (B) holds a level three certification provided by the National Association of the Deaf, and (C) (i) documents the achievement of two continuing education units per year for a maximum of five years of training approved by the Commissioner of Aging and Disability Services, and (ii) on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination; (2) (A) Has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, (B) is a graduate of an accredited interpreter training program and documents the achievement of two continuing education units per year for a maximum of five years of training approved by the commissioner, and (C) on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination; (3) Holds a level four or higher certification from the National Association of the Deaf; (4) Holds certification by the National Registry of Interpreters for the Deaf; (5) For situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf; (6) For situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test; (7) Holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf; (8) Holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate; or (9) Holds the credential of Approved Deaf Interpreter, Approved American Sign Language-English Interpreter, or Approved Sign Language Transliterator by the Massachusetts Commission on the Deaf and Hard of Hearing. (d) No person shall provide interpreting services in a medical setting unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section and holds (1) a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) a certificate of interpretation or a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) a level four or higher certification from the National Association of the Deaf, (4) a reverse skills certificate or certification as a deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, a certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, (7) a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, or (8) the credential of Approved Deaf Interpreter by the Massachusetts Commission on the Deaf and Hard of Hearing. (e) No person shall provide interpreting services in a legal setting unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section and holds (1) a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) a level five certification from the National Association of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, (7) a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, or (8) the credential of Approved Deaf Interpreter by the Massachusetts Commission on the Deaf and Hard of Hearing. (f) No person who is not registered as a qualified interpreter pursuant to this section shall: (1) Engage in the practice of or offer to engage in the practice of interpreting for another person, an agency or an entity; (2) Use the title “interpreter”, “transliterator” or a similar title in connection with services provided under his or her name; (3) Present or identify himself or herself as an interpreter qualified to engage in interpreting in this state; (4) Use the title “interpreter”, “transliterator” or a similar title in advertisements or communications; or (5) Perform the function of or convey the impression that he or she is an interpreter or transliterator. (g) The requirements of this section shall apply to persons who (1) receive compensation for the provision of interpreting services, and (2) provide interpreting services as part of their job duties. The requirements of this section shall not apply to nonregistered individuals such as family members and friends who voluntarily provide interpreting services at the request of a deaf, deafblind or hard of hearing person. (h) The following individuals shall be exempt from the registration requirements of this section: (1) An individual interpreting at (A) a worship service conducted by a religious entity, or (B) services for educational purposes conducted by a religious entity or religiously affiliated school; (2) An individual engaged in interpreting during an emergency situation, when obtaining a registered interpreter or registered transliterator could cause a delay that may lead to injury or loss to the individual requiring the interpreting services, provided such emergency assistance does not waive any communication access requirements for any entity pursuant to the federal Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both may be amended from time to time; (3) An individual engaged in interpreting as part of a supervised internship or practicum in an interpreting program at an accredited college or university or an interpreting mentorship program approved by the department if (A) such interpreting is not in a legal, medical or educational setting, or (B) the individual is accompanied by an interpreter registered pursuant to this section; or (4) An interpreter who is certified by a recognized national professional certifying body such as the National Registry of Interpreters for the Deaf or the National Association of the Deaf or a recognized state professional certifying body from outside the state and provides interpreting services in the state for a period of time not exceeding fourteen days during a calendar year. (i) Deaf, deafblind and hard of hearing persons may exercise their right to request or use a different registered interpreter than the interpreter provided to interpret for such persons in any interpreting setting in accordance with a nationally recognized interpreter code of professional conduct. (j) Any person who is not registered in accordance with this section who represents himself or herself as an interpreter registered with the Department of Aging and Disability Services, or who engages in wilful or fraudulent misrepresentation of his or her credentials in an attempt to register with the department, shall be guilty of a class C misdemeanor. Failure to renew such registration in a timely manner shall not in and of itself constitute a violation for the purposes of this subsection. For purposes of this subsection, “timely manner” means registration renewal not more than thirty days after such registration has expired.

Legislative History

(P.A. 98-252, S. 73, 80; June Sp. Sess. P.A. 01-2, S. 24, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 07-15, S. 1; P.A. 09-8, S. 10; P.A. 11-44, S. 42; June 12 Sp. Sess. P.A. 12-1, S. 93; P.A. 17-202, S. 94; P.A. 19-157, S. 95; 19-170, S. 1; P.A. 22-31, S. 1.) History: P.A. 98-252 effective July 1, 1998; June Sp. Sess. P.A. 01-2 added Subsec. (a)(4) defining “educational setting”, amended Subsec. (d)(3) to reduce required certification from level five to level four and added Subsec. (g) re provision of services in an educational setting, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 07-15 amended Subsec. (a)(1) to redefine “interpreting” by substituting “language concept” for “specialized vocabulary” and making a technical change, amended Subsec. (a)(2) to redefine “legal setting” by substituting “a court of competent jurisdiction” for “the Superior Court or its agents”, amended Subsec. (a)(3) to redefine “medical setting” by adding “other health care professional”, amended Subsec. (c)(1) and (2) by adding reference to passage of the “National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination” and additional references to passage of the “National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination” to testing provisions, added Subsecs. (c)(8), (d)(7) and (e)(7) re holding National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, amended Subsecs. (c)(3) and (d)(3) to require level four “or higher” certification, and made technical changes; P.A. 09-8 made technical changes in Subsecs. (c), (d) and (e); P.A. 11-44 amended Subsec. (b) by replacing “Commission on the Deaf and Hearing Impaired” with “Bureau of Rehabilitative Services”, replacing “commission” with “director of the Bureau of Rehabilitative Services”, deleting provision requiring annual issuance of identification cards and making technical changes, amended Subsecs. (c), (d) and (e) by replacing “commission” with “Bureau of Rehabilitative Services” and making conforming changes, and deleted former Subsec. (g) re interpreting services in an educational setting, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services and replaced references to director of Bureau of Rehabilitative Services with references to Commissioner of Rehabilitation Services, effective July 1, 2012; P.A. 17-202 amended Subsec. (a)(1) by replacing “deaf or hard of hearing person's language concept” with “language concept of a person who is deaf or hard of hearing”; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; P.A. 19-170 amended Subsec. (a) by adding new Subdiv. (1) defining “department”, redesignating existing Subdiv. (1) as Subdiv. (2) and amending same to redefine “interpreting”, deleting former Subdivs. (2) to (4) re “legal setting”, “medical setting” and “educational setting”, respectively, adding new Subdiv. (3) defining “deaf-blind”, adding new Subdiv. (4) defining “educational setting”, adding Subdiv. (5) defining “legal setting”, adding Subdiv. (6) defining “medical setting”, and adding Subdiv. (7) defining “transliterating”, amended Subsec. (b) by adding “Except as provided in subsections (g) and (h) of this section,”, replacing “address” with “residential or business address, or both,”, adding “contact information, including, but not limited to,” and adding provisions re listing on Internet web site, documentation of training hours and identification cards, amended Subsec. (c) by adding provisions re national or state interpreter credentials, and adding Subdiv. (9) re credentials, amended Subsec. (f) by deleting existing provisions re applicability of section requirements and adding provisions re person not registered as qualified interpreter, added Subsec. (g) re applicability of section requirements, added Subsec. (h) re exemptions from registration requirements, added Subsec. (i) re right to request or use different interpreter, added Subsec. (j) re reporting violations, and made technical changes, effective July 1, 2019; P.A. 22-31 amended Subsec. (a) by adding new Subdiv. (1) defining “community setting”, redesignating former Subdivs. (1) to (7) as Subdivs. (2) to (8), substituting Department of Aging and Disability Services for Department of Rehabilitation Services in new Subdiv. (2), changing “deaf-blind” to “deafblind” in new Subdivs. (3), (4) and (8) and in Subsecs. (g) and (i), changing “health and wellness issues” in new Subdiv. (7) to “physical health, mental health, or both”, amended Subsec. (b) by adding subdivision designators (1) and (2), inserting “interpreter” before “identification card” and adding requirements that interpreter list include settings in which interpreters are qualified and department establish an Internet web page re information and services for deaf, deafblind and hard of hearing individuals, amended Subsec. (c) to reference exceptions in Subsecs. (g) and (h) and specify interpreting prohibition applies to state, including community settings, made a technical change in Subsecs. (d) and (e) and inserted Subdiv. (8) in both subsections re Massachusetts credential, added “interpreting” before “services” in Subsec. (h)(2) and deleted former Subsec. (j) re violation reporting and added new Subsec. (j) re penalties for violations of section and wilful and fraudulent misrepresentation; Sec. 46a-33a transferred to Sec. 17a-838 in 2023. Annotation to former section 46a-33a: Section does not support equal protection claim that certification is required for person translating confession of non-hearing-impaired defendant due to defendant's inability to speak or read English. 299 C. 39.