Pennsylvania Act 2024-143 — SIGN LANGUAGE INTERPRETER AND TRANSLITERATOR STATE REGISTRATION ACT - TITLE OF ACT, OFFICE RESPONSIBILITIES, STATE REGISTRATION REQUIRED, STATE REGISTRATION AND PROVISIONAL REGISTRATION

Act text

Session of 2024

No. 2024-143

SB 1274

AN ACT

Amending the act of July 2, 2004 (P.L.492, No.57), entitled "An act providing for State registration of individuals providing sign language interpreting and transliterating services to individuals who are deaf or hard of hearing; and imposing duties on the Office for the Deaf and Hard of Hearing in the Department of Labor and Industry," further providing for title of act, for definitions, for office responsibilities, for State registration required, for State registration and for provisional registration.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The title of the act of July 2, 2004 (P.L.492, No.57), known as the Sign Language Interpreter and Transliterator State Registration Act, is amended to read:

AN ACT

Providing for State registration of individuals providing sign language interpreting and transliterating services to individuals who are deaf , deafblind or hard of hearing; and imposing duties on the Office for the Deaf and Hard of Hearing in the Department of Labor and Industry.

Section 2. The definitions of "sign language interpreter" and "transliterating" in section 2 of the act are amended and the section is amended by adding definitions to read:

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Alternative pathway program." An educational equivalency program approved by the office.

---

"Certification." The resulting credential from passing a standardized test that demonstrates knowledge, ethical decision- making and interpreting skills and meeting any other requirements that are approved by the office and transmitted to the Legislative Reference Bureau and published in the next available issue of the Pennsylvania Bulletin. When evaluating certifications for potential approval, the office shall consider the following standards:

(1) Any current or past certification from the Registry of Interpreters for the Deaf, Inc., national interpreter certification or certified deaf interpreter certification.

(2) Any current or past certification from the State of Texas Board for Evaluation of Interpreters at the advanced or master level.

(3) Any other available certification.

---

"Sign language interpreter." An individual who provides individuals who are deaf , deafblind and hard of hearing with interpreting or transliterating services.

"Transliterating." The process of conveying a spoken message from a person who hears to a person who is deaf , deafblind or hard of hearing and the ability to repeat the message and intent of the speech, mouth movements or English-based signed system of the person who is deaf , deafblind or hard of hearing.

"Video remote interpreting." A fee-based interpreting service conveyed via video conferencing or other technology where at least one individual, typically the interpreter, is at a separate location.

Section 3. Section 3 of the act is amended by adding a paragraph to read:

Section 3. Office responsibilities.

The office shall do all of the following:

---

(3.1) Annually review the requirements of all alternative pathway programs. If the office determines that the requirements are satisfactory, the office shall transmit a notice listing all approved pathway programs to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.

---

Section 4. Section 4(a) and (b) of the act are amended and the section is amended by adding a subsection to read:

Section 4. State registration required.

(a) General rule.--Except as provided in subsection (b), no individual may provide or offer to provide sign language interpreting [or] , transliterating services or video remote interpreting , or hold himself or herself as a qualified sign language interpreter or qualified transliterator or, use a similar title or designation, without being State-registered by the office in accordance with this act.

(b) Exceptions.--The following individuals are exempt from the State registration requirements of subsection (a):

(1) An individual engaged in interpreting or transliterating at a worship service conducted by a religious entity and services for educational purposes for a religious entity or religiously affiliated school.

(2) An individual engaged in sign language interpreting or transliterating during an immediate, life-threatening medical emergency[, when a delay in obtaining a State-registered interpreter or State-registered transliterator] or first responder incident where there is no qualified sign language interpreter or qualified transliterator available and a delay in obtaining a qualified sign language interpreter or qualified transliterator might lead to injury or loss to the individual requiring the services. The exception under this paragraph shall no longer apply when the medical emergency or first responder incident is stabilized based on reasonable medical or legal standards.

(3) An individual engaged in interpreting or transliterating as part of a supervised internship or practicum at an accredited college or university if it is not in any of the following:

(i) A legal setting as defined under regulation .

(ii) A medical or mental health setting as defined under regulation , unless accompanied by a qualified sign language interpreter or qualified transliterator.

(4) An individual who [is certified by the National Association of the Deaf or the Registry of Interpreters for the Deaf from] resides outside the Commonwealth [who] , holds a certification and provides interpreting or transliterating services in person or remotely via video remote interpreting in the Commonwealth for a period not exceeding 14 days each calendar year.

(5) [An] Subject to subsection (b.1), an individual engaged in interpreting or transliterating at the request of an individual who is deaf , deafblind or hard of hearing if the individual informs the client that the individual is not registered under this act. This exception shall only apply to situations where the individual who is deaf, deafblind or hard of hearing initiates the request for a specific individual, the individual agrees to provide the service requested and the services are reasonable for the location, content and nature of the situation.

(6) An individual who engages in interpreting or transliterating strictly as a volunteer.

(7) An individual employed in a public or private elementary or secondary school or institution chartered by the Commonwealth who engages in interpreting or transliterating for the instruction of students or other school-related activity. Individuals exempt pursuant to this subsection shall comply with regulations promulgated by the State Board of Education establishing criteria for persons providing sign language interpreting and transliterating services to students.

(9) An individual who obtains a provisional registration under section 5.1.

(b.1) Expiration of exception.--

(1) The exception under subsection (b)(5) shall expire five years from the effective date of this subsection.

(2) Within one year prior to the expiration under paragraph (1), at the discretion of the Advisory Council for the Deaf and Hard of Hearing, the Advisory Council for the Deaf and Hard of Hearing may hold a public meeting, followed by a 60-day public comment period, to consider the necessity of extending the exception under subsection (b)(5).

(3) If the Advisory Council for the Deaf and Hard of Hearing initiates the procedures under paragraph (2), a report detailing any recommendations and public comments received shall be provided to:

(i) The office.

(ii) The chairperson and minority chairperson of the Labor and Industry Committee of the Senate.

(iii) The chairperson and minority chairperson of the Labor and Industry Committee of the House of Representatives.

---

Section 5. Sections 5(a) and 5.1(a)(2)(iii) and (iv) and (3)(ii), (b)(5)(iii) and (iv) and (c) of the act are amended to read:

Section 5. State registration.

(a) Application.--An individual may apply to the office to be a State-registered sign language interpreter or transliterator.

(1) The applicant shall submit to the office all of the following:

(i) A completed application.

(ii) Payment of any required fees.

(iii) Proof that the applicant has [passed an examination approved by the office which tests knowledge and proficiency in interpreting and transliterating] received a certification .

(2) The office shall review each completed application and shall issue a sign language interpreter registration to the applicant when the office is satisfied that all of the following criteria have been met:

(i) The applicant is 18 years of age or older.

(ii) The applicant has [passed the examination] obtained certification required by this subsection [(a)].

(iii) The applicant has paid all applicable fees established pursuant to this act.

(iv) The applicant possesses the general fitness, competence and reliability sufficient to satisfy the office that the applicant is worthy of the State registration.

(v) Other criteria as the office may establish by regulation.

---

Section 5.1. Provisional registration.

(a) Application.--

---

(2) The applicant must submit to the office all of the following:

---

(iii) Proof that within five years prior to the date of application for provisional registration the applicant has graduated from an interpreter education program with an associate degree or higher from an accredited institution of higher education or has met the requirements of an alternative pathway program .

(iv) Proof that the applicant has passed a [written] knowledge examination approved by the office.

(3) The office shall review each completed application and shall issue a sign language interpreter provisional registration to the applicant if the office is satisfied that all of the following criteria have been met:

---

(ii) The applicant has graduated from an interpreter education program with an associate degree or higher or has met the requirements of an alternative pathway program .

---

(b) Registration.--A sign language interpreter provisional registration issued by the office shall be:

---

(5) Issued for interpreter or transliterator services in this Commonwealth except in any of the following:

---

(iii) A [physician's office] medical setting , unless the patient is informed that the individual engaged in interpreting or transliterating has obtained a provisional registration, is not State-registered under this act and that the patient has the right to be provided upon request a qualified sign language interpreter or qualified transliterator.

(iv) A critical care , intensive care or emergency department setting in a health care facility, unless the exception under section 4(b)(2) applies .

(c) Renewal.--An individual may annually renew a provisional registration by submitting to the office the information required under subsection (a) along with proof of completion of [at least 20 hours of] professional development , as defined under regulations and approved by the office , and any applicable fees. The office may approve only [two] four consecutive renewals.

---

Section 6. This act shall take effect as follows:

(1) The addition of section 4(b.1) of the act and this section shall take effect immediately.

(2) The remainder of this act shall take effect in 60 days.

APPROVED--The 31st day of October, A.D. 2024.

JOSH SHAPIRO