Frequently Asked Questions
HB 991 and SB 926
Why does Florida
need licensure? Isn’t the current certification program and grievance procedure sufficient?
There is no Florida
certification program or grievance procedure. There are several different bodies
that provide systems in which interpreters receive credentials, including FRID’s QA and EIE. These credentials are listed in the bill under one of the 3 permanent tiers of licensure. There is currently no grievance system in place to resolve issues regarding unethical or unqualified practitioners
outside of RID’s Ethical Practices System (EPS), which only applies to RID members with recourse limited to corrective
action or suspension or revocation of certification. Should an interpreter’s ethical or professional misbehavior warrant
a revocation of his/her certification by RID, there is nothing to prevent this person from practicing the profession of interpreting
in Florida.
What are the tiers of the proposed interpreter
licensure bill?
There are 3 tiers of the proposed bill, Florida
Interpreter License, Provisional License and Permit. (Click
here to see a one-page summary of the criteria) The Florida Interpreter License (for generalists) requires the interpreter
to hold one of four credentials, RID, NIC, NAD IV or V, and TECUnit TSC. For
those working in educational settings (Pre-K to 12), EIE III, and/or EIPA 4.3-5 are approved credentials for permanent licensure
for that settings only. This license can be renewed annually for as long as the interpreter’s credential is valid.
The Provisional License requires the interpreter
to hold one of five credentials, QA II or III, EIE II or III, NAD II or III, EIPA 4 or 5, and TECUnit CAECS-E Acceptable (3.3.
to 4.0). This license can be renewed annually for up to 5 years.
The Permit requires the interpreter to hold one
of three credentials, QA I, EIE I and EIPA 3.5-3.9
Additionally, licensure language addresses the
issues of new residents, temporary residents, and multilingual practitioners.
Does this proposed
bill require interpreters to be certified?
No. Certified
interpreters comprise only the top tier of the proposed licensure. There are 2 other tiers, the provisional license and permit,
which do not require certification. These tiers are based on state evaluation
systems. In some cases these levels would not meet the ADA definition of “effective communication” but in other cases would. Additionally, the proposed licensure meets the unique demands of Florida with an additional license for those who specialize in multilingual communication
who may not meet the criteria for the state or national sign language evaluations. This
license allows these individuals to continue providing services to those who use Spanish, Creole, or other foreign spoken
or signed languages.
Will licensure
cause an even greater shortage of interpreters than already exists?
No. The
shortage that already exists will be no greater due to this proposed legislation. The
bill allows any practitioner currently working without a credential who has been providing interpreting services prior to
the enactment the ability to continue to work for a 2 year “grandfathering” period during which time they can
prepare for and obtain one of the many credentials within the 3 tiers of licensure.
These individuals would receive a registered permit, which is valid for 2 years.
Additionally, legislation will most likely serve as further evidence for increasing college programs in the state. The evaluation for determining the need for programs includes things as state-required
credentials. Florida
currently has none.
Will interpreters currently working in
the field be automatically “grandfathered” into the licensure system?
“Grandfathered?” yes, “automatically?”
no. They will have to take steps to register with the state. Once the bill has
been passed and licensure has been enacted, any person currently working in the interpreting field in Florida, but not meeting the criteria for any of the 3 tiers of licensure, would apply for
and receive a registered permit. This permit would be valid for a 2-year period,
with the possibility of a 1-year extension. This would allow the person to continue
working as an interpreter for 2 years while preparing and taking the necessary steps to meet the minimum credential required
by licensure, currently around 57.5% accuracy, and receive a regular permit.
Will licensure
increase the cost of interpreting services?
No. There
would not be an increase in the costs of hiring a licensed interpreter. The practitioners
themselves would pay any fees associated with licensure, which should be nominal. The
entities that are currently hiring qualified, professional interpreters would not see a change in the rates of interpreters. Only those who are currently using office personnel instead of hiring qualified, professional
interpreters would have any fiscal impact by sign language interpreter licensure. The
costs for interpreting services are NOT expected to rise, but the services being rendered are expected to improve in quality.
Would licensure
eliminate the problem of unethical and/or unqualified interpreters?
Just like other professions, there will always
be unethical and unqualified practitioners providing interpreting services, licensure will not alleviate this issue completely. It will help hiring entities that are not familiar with the interpreting profession
and the various credentials identify qualified practitioners. Those who pay for
the services have not had a user-friendly mechanism for determining the qualifications of the practitioners they hire and
have often been misled into believing they were providing adequate and effective communication, when they were not. Additionally, the grievance procedures in the proposed bill provide an avenue for consumers, both Deaf
and hearing, to file a complaint against an interpreter they believe is acting unethically.
Currently there is nothing in place that protects the consumers of interpreting services.
Is there a difference
in what provisional licensed interpreters can or cannot do until they are fully licensed?
What they are allowed to do is determined by the
Code of Professional Conduct. Interpreters accepting assignments with regard to their qualifications for that assignment
will be the guiding principle for using judgment in selection of settings or assignments by interpreters; the same principle
would be appropriate rationale for any complaints when an interpreter does not exercise good judgment by accepting
those jobs that are beyond his/her competency level.
Consumer education regarding such issues will
be paramount to the success of interpreter regulation. FAD and FRID are committed to this facet of licensure; it is
expected that other service related organizations will take part as well, i.e. FCCDHH, the Deaf Service Center Association,
Americans with Disabilities Act Working Group, Vocational Rehabilitation, Centers for Independent Living, and so on.
Is the proposed
legislation a “provider bill”, which can potentially harm individuals with disabilities?
No. The
public records are full of complaints from individuals with disabilities regarding poor interpreting services, so-called “signers”
who are not capable of interpreting effectively, as well as examples of children being used to interpret in adult situations
instead of qualified, professional interpreters. These complaints are from the
Deaf individuals who require interpreting services to access public services. These
very consumers, individuals with disabilities by definition, are the ones who helped bring this proposed legislation forward. Deaf consumers were actively involved throughout the bill development process.
Who was involved
in the development of this proposed bill?
This bill was a combined effort between the Florida interpreting profession and the Florida Deaf and hard of hearing
community that relies on interpreting services to access communication in their daily lives.
Specifically, Florida Registry of Interpreters for the Deaf, Inc., (FRID) and Florida Association of the Deaf, Inc.
(FAD) cooperated on the draft language which was formulated based on the information and interpreter regulation task force
findings of the Florida Coordinating Council for Deaf and Hard of Hearing (FCCDHH) 2005 and 2006 reports, FRID interpreter
regulation survey, and FAD Road Tour testimony.
Is FRID or FAD
responsible for the final regulatory language when it finally passes?
While FRID and FAD were responsible for the initial
bill language, it is the legislators who approve or reject amendments. FRID and FAD representatives can testify in support
or opposition; send a description of the "unintended consequences" of “unfriendly” amendments; send rationale
for preferred amendments; and make every effort to educate those who vote on them, but in the end it is the senators and representatives
that decide.
If someone has
a title that does not have the word “interpreter” in it, are they exempt from the regulation?
No. The act of interpreting is clearly stated
in the bill. If an employee of a school or other facility is signing, voicing, interpreting, or any other interpreter
related duties are associated with their role, they will fall under the provisions of the licensure act.
What is the
real time frame in the proposed bill for reaching the top licensure tier?
A current EIE/QA II would have 5 years with a
possible additional year to meet the requirements for licensure. This is not considered a person just starting out.
They would qualify for the provisional license upon enactment.
One would not have 5 years with a QA II, and an
additional 5 years with a QA III. It is the holding of that particular provisional license that is time-lined into 5 years.
They could have a QA 2 for 2 of the years, an EIPA for one, and get their QA 3 for the remaining 2, but at the end of five
years, they would need to apply for a one year extension or qualify for the license.
If, however, the person held an EIE III, and worked
exclusively in the educational (PreK-12) setting they would qualify for permanent licensure for that setting only.
How often is the license or permit renewed?
Language has been drafted to make it biennial
(every two years). The time frames for CEUs for provisional and permits too.
Monitoring of QA, EIE, varying CEU cycles, and other issues make less than 2 years undesirable from a regulatory standpoint.
Do you have a question you want answered about
the proposed licensure bill for sign language interpreters? Please contact one
or all of the following for answers:
Ali Blaylock, FRID Licensure Chair, AliFRID@aol.com or
Lisa Schaefermeyer, FRID President, davemary@tampabay.rr.com or
Chris Wagner, FAD President, cwagner@fadcentral.org
