S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8150
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT to amend the education law, in relation to the licensing of sign
   language interpreters and creating a state  board  for  sign  language
   interpreting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 169 to
 read as follows:
                                ARTICLE 169
                        SIGN LANGUAGE INTERPRETERS
 SECTION 8900. INTRODUCTION.
         8901. DEFINITIONS.
         8902. PRACTICE OF SIGN LANGUAGE INTERPRETING.
         8903. STATE BOARD FOR SIGN LANGUAGE INTERPRETING.
         8904. LICENSING REQUIREMENTS.
         8905. EXEMPT PERSONS.
   § 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION  OF  SIGN
 LANGUAGE   INTERPRETER.  THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS
 CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF  THIS  TITLE  APPLY  TO  THIS
 ARTICLE.
   § 8901. DEFINITIONS. AS USED IN THIS ARTICLE:
   (1)  "CLIENT" SHALL MEAN A DEAF, HARD OF HEARING OR HEARING PERSON FOR
 WHOM AN INTERPRETER PROVIDES SIGN LANGUAGE  INTERPRETATION  SERVICES  OR
 WHO  IS  APPLYING  TO  BE  ASSESSED  FOR THE PURPOSE OF QUALIFYING FOR A
 LICENSE THAT WILL ALLOW HIM OR HER TO PROVIDE SIGN LANGUAGE  INTERPRETA-
 TION SERVICES.
   (2) "BOARD" SHALL MEAN THE BOARD FOR SIGN LANGUAGE INTERPRETING.
   §  8902.  PRACTICE  OF  SIGN  LANGUAGE INTERPRETING. (1) ONLY A PERSON
 LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE  SIGN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03499-01-1
              

 A. 8150                             2
 
 LANGUAGE  INTERPRETING OR USE THE TITLE OF SIGN LANGUAGE INTERPRETER FOR
 COMPENSATION.
   (2) NO PERSON MAY, FOR COMPENSATION, PROVIDE SIGN LANGUAGE INTERPRETA-
 TION  SERVICES FOR A CLIENT UNLESS THE PERSON IS LICENSED BY THE DEPART-
 MENT.
   § 8903. STATE BOARD FOR SIGN LANGUAGE INTERPRETING. (1) A STATE  BOARD
 FOR  SIGN  LANGUAGE  INTERPRETING  SHALL  BE  APPOINTED  BY THE BOARD OF
 REGENTS ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSIST-
 ING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS  OF  PROFESSIONAL
 LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
 HUNDRED  EIGHT  OF  THIS TITLE. THE BOARD SHALL CONSIST OF NOT LESS THAN
 TEN MEMBERS WHO SHALL SERVE THREE YEAR TERMS AND SHALL HAVE A  FAMILIAR-
 ITY WITH DEAF OR HARD OF HEARING MATTERS. SUCH MEMBERS SHALL INCLUDE:
   (A)  SIX DEAF OR HARD OF HEARING INDIVIDUALS WHO ARE CURRENTLY OR HAVE
 PREVIOUSLY BEEN CLIENTS OF A SIGN  LANGUAGE  INTERPRETER,  ONE  OF  WHOM
 SHALL BE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PROFESSIONS OR A DESIG-
 NEE OF THE COMMISSIONER; AND
   (B)  FOUR  SIGN  LANGUAGE  INTERPRETERS  WHO  HAVE BEEN LICENSED UNDER
 SECTION EIGHTY-NINE HUNDRED FOUR OF THIS ARTICLE, AT LEAST ONE  OF  WHOM
 HOLDS A PROFESSIONAL LICENSE.
   (2) IN ORDER TO MAINTAIN HIGH-QUALITY OPERATION OF THE EXECUTIVE BOARD
 AND  ALSO  EFFECTIVE IMPLEMENTATION OF THE POLICY, ONE HIGHLY KNOWLEDGE-
 ABLE DEAF PERSON MAY BE APPOINTED TO THE BOARD FROM OUT  OF  STATE,  YET
 WORKING IN THE STATE OF NEW YORK.
   (3) THE BOARD SHALL PROMULGATE:
   (A)  A  CODE  OF  ETHICS FOR SIGN LANGUAGE INTERPRETERS LICENSED UNDER
 THIS ARTICLE;
   (B) RULES FOR GRANTING LICENSING EXEMPTIONS UNDER SECTION  EIGHTY-NINE
 HUNDRED FIVE OF THIS ARTICLE;
   (C)  INDUSTRY  STANDARDS FOR THE LICENSING OF SIGN LANGUAGE INTERPRET-
 ERS;
   (D) GUIDELINES FOR THE ADMINISTRATION OF TESTING FOR THE DEPARTMENT TO
 IMPLEMENT LICENSING AND LICENSE RENEWAL REQUIREMENTS;
   (E) REQUIREMENTS FOR THE DEPARTMENT TO CREATE  A  SEARCHABLE  DATABASE
 FOR  CONSUMERS  REQUIRING  THE  ASSISTANCE  OF  A LICENSED SIGN LANGUAGE
 INTERPRETER; AND
   (F) A CODE OF ETHICS AND REGULATIONS FOR THE PURPOSE OF LICENSING SIGN
 LANGUAGE INTERPRETING AGENCIES THAT HIRE  INTERPRETERS  AND/OR  TRANSLA-
 TORS.
   § 8904. LICENSING REQUIREMENTS. (1) TO QUALIFY FOR A LICENSE AS A SIGN
 LANGUAGE  INTERPRETER,  AN APPLICANT SHALL OBTAIN A PROFESSIONAL LICENSE
 AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   (2) THE DEPARTMENT SHALL  GRANT  A  PROFESSIONAL  LICENSE  AS  A  SIGN
 LANGUAGE INTERPRETER TO AN APPLICANT WHO:
   (A) SUBMITS AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT;
   (B)  PAYS  A  FEE  OF  ONE  HUNDRED FIVE DOLLARS TO THE DEPARTMENT FOR
 ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
 LICENSE,  A FEE OF SIXTY DOLLARS FOR EACH REEXAMINATION, A FEE OF NINETY
 DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO  A
 DEPARTMENT  CONDUCTED  EXAMINATION,  AND  A  FEE  OF  ONE HUNDRED THIRTY
 DOLLARS FOR EACH FIVE YEAR REGISTRATION PERIOD;
   (C) MEETS THE MINIMUM INDUSTRY STANDARDS DETERMINED BY THE BOARD TO BE
 LICENSED BY THE DEPARTMENT; AND
   (D) ESTABLISHES THE SCHEDULE OF APPROPRIATE FEES AS NEEDED  TO  ENSURE
 THE  AFFORDABILITY  TO  CLIENTS  AND/OR  APPLICANTS  AND TO MAINTAIN THE
 EFFECTIVE MANAGEMENT OF THE LICENSING PROCEDURES.

 A. 8150                             3

   (3) ALL LICENSEES SHALL MAINTAIN  THEIR  SKILLS  BY  PARTICIPATING  IN
 INTERPRETERS' TRAINING WORKSHOPS OR SEMINARS ARRANGED BY THE STATE BOARD
 FOR SIGN LANGUAGE INTERPRETING.
   §  8905.  EXEMPT  PERSONS.  (1)  THE  DEPARTMENT MAY GRANT A TEMPORARY
 EXEMPTION TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF  THIS  STATE  FOR  A
 PERIOD  NOT TO EXCEED SIXTY DAYS IF THE INDIVIDUAL HAS CERTIFIED CREDEN-
 TIALS FROM THE STATE OF THEIR PREVIOUS RESIDENCE. THE DEPARTMENT MAY NOT
 GRANT AN INDIVIDUAL MORE THAN TWO TEMPORARY EXEMPTIONS PER YEAR PURSUANT
 TO THIS SUBDIVISION.
   (2) THE DEPARTMENT MAY GRANT A PERMANENT  EXEMPTION  TO  AN  APPLICANT
 BASED ON THEIR ABILITY TO MEET THE MINIMUM INDUSTRY STANDARDS DETERMINED
 BY THE BOARD TO BE LICENSED BY THE DEPARTMENT.
   (3)  THE DEPARTMENT MAY GRANT A TEMPORARY OR PERMANENT EXEMPTION TO AN
 INDIVIDUAL WHO IS A RESIDENT OF THIS STATE FOR A PERIOD SPECIFIED BY THE
 DEPARTMENT.
   § 2. This act shall take effect on the five hundred fiftieth day after
 it shall have become a law.