|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
SECTION 1. Chapter 81, Human
Resources Code, is amended.
|
SECTION 1. Same as introduced
version.
|
|
SECTION 2. Section 81.001,
Human Resources Code, is amended by adding Subdivision (5) to read as
follows:
(5)
"Department" means the Department of Assistive and Rehabilitative
Services.
|
SECTION 2. Section 81.001,
Human Resources Code, is amended by adding Subdivisions (5) and (6) to read
as follows:
(5)
"Department" means the Department of Assistive and Rehabilitative
Services.
(6) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
|
|
SECTION 3. Section 81.006,
Human Resources Code, is amended to read as follows:
Sec. 81.006. DUTIES AND
POWERS. (a) The department [commission] shall:
(1) develop and implement a
statewide program of advocacy and education to ensure continuity of
services to persons who are deaf, deaf-blind, or hard of hearing;
(2) provide direct services
to persons who are deaf or hard of hearing, including communication access,
information and referral services, advocacy services, services to elderly
persons who are deaf or hard of hearing, and training in accessing basic
life skills;
(3) work to ensure more
effective coordination and cooperation among public and nonprofit organizations
providing social and educational services to individuals who are deaf or
hard of hearing;
(4) maintain a registry of
available licensed [qualified] interpreters for persons who
are deaf or hard of hearing by updating the registry at least quarterly and
making the registry available to interested persons at cost;
(5) establish a system to
approve and provide courses and workshops for the instruction and
continuing education of interpreters for persons who are deaf or hard of
hearing;
(6) assist institutions of
higher education in initiating training programs for interpreters and
develop guidelines for instruction to promote uniformity of signs taught
within those programs;
(7) with the assistance of
the Texas Higher Education Coordinating Board, develop standards for
evaluation of the programs described by Subdivision (6); and
(8) develop guidelines and
requirements to clarify the circumstances under which interpreters licensed
[certified] by the department [commission] are
qualified to interpret effectively, accurately, and impartially, both
receptively and expressively, using any necessary specialized vocabulary.
(b) The department [commission]
may:
(1) appoint one or more
advisory committees to consult with and advise the department [commission];
(2) establish and collect
training fees and accept gifts, grants, and donations of money, personal
property, or real property for use in expanding and improving services to
persons of this state who are deaf or hard of hearing;
(3) adopt rules necessary to
implement this chapter;
(4) contract with or provide
grants to agencies, organizations, or individuals as necessary to implement
this chapter;
(5) establish a reasonable
fee and charge interpreters for training to defray the cost of conducting
the training;
(6) develop guidelines and
requirements for trilingual interpreter licensing [services];
and
(7) provide training
programs for persons licensed as [who provide] trilingual interpreters
[interpreter services].
(e) The department [commission]
shall develop and implement policies that clearly define the respective
responsibilities of the governing body
of the department [commission] and the staff of the department
[commission].
(f) The department [commission]
shall establish and charge reasonable fees for some or all department
[commission] publications to cover the department's [commission's]
publication costs. However, the department [commission]
shall waive the fee if a person who is deaf or hard of hearing is
financially unable to pay for the publication, and may waive the fees for
publications provided to certain entities. The department [commission]
shall adopt rules to implement this subsection. The rules must specify the
standards used for determining ability to pay for a publication and must
specify the types of entities for which the fees will be waived.
|
SECTION 3. Section 81.006,
Human Resources Code, is amended to read as follows:
Sec. 81.006. DUTIES AND
POWERS. (a) The department [commission] shall:
(1) develop and implement a
statewide program of advocacy and education to ensure continuity of
services to persons who are deaf, deaf-blind, or hard of hearing;
(2) provide direct services
to persons who are deaf or hard of hearing, including communication access,
information and referral services, advocacy services, services to elderly
persons who are deaf or hard of hearing, and training in accessing basic
life skills;
(3) work to ensure more
effective coordination and cooperation among public and nonprofit
organizations providing social and educational services to individuals who
are deaf or hard of hearing;
(4) maintain a registry of
available licensed [qualified] interpreters for persons who
are deaf or hard of hearing by updating the registry at least quarterly and
making the registry available to interested persons at cost;
(5) establish a system to
approve and provide courses and workshops for the instruction and
continuing education of interpreters for persons who are deaf or hard of
hearing;
(6) assist institutions of higher
education in initiating training programs for interpreters and develop
guidelines for instruction to promote uniformity in the curriculum [of
signs] taught within those programs;
(7) with the assistance of
the Texas Higher Education Coordinating Board, develop standards for
evaluation of the programs described by Subdivision (6); and
(8) develop guidelines and
requirements to clarify the circumstances under which interpreters licensed
[certified] by the department [commission] are
qualified to interpret effectively, accurately, and impartially, both
receptively and expressively, using any necessary specialized vocabulary.
(b) The department [commission]
may:
(1) appoint one or more
advisory committees to consult with and advise the department [commission];
(2) establish and collect
training fees and accept gifts, grants, and donations of money, personal
property, or real property for use in expanding and improving services to
persons of this state who are deaf or hard of hearing;
(3) advise the executive commissioner on the adoption
of [adopt] rules
necessary to implement this chapter;
(4) contract with or provide
grants to agencies, organizations, or individuals as necessary to implement
this chapter;
(5) establish a reasonable
fee and charge interpreters for training to defray the cost of conducting
the training;
(6) develop guidelines and
requirements for trilingual interpreter licensing [services];
and
(7) provide training
programs for persons licensed as [who provide] trilingual interpreters
[interpreter services].
(e) The commissioner of the department [commission]
shall develop and implement policies that clearly define the [respective]
responsibilities of the [governing body of
the commission and the] staff of the department under this chapter
[commission].
(f) The department [commission]
shall establish and charge reasonable fees for some or all department
[commission] publications to cover the department's [commission's]
publication costs. However, the department [commission]
shall waive the fee if a person who is deaf or hard of hearing is
financially unable to pay for the publication, and may waive the fees for
publications provided to certain entities. The executive commissioner, in consultation with the department,
[commission] shall adopt rules to implement this subsection. The
rules must specify the standards used for determining ability to pay for a
publication and must specify the types of entities for which the fees will
be waived.
|
|
SECTION 4. Chapter 81, Human
Resources Code, is amended by adding Subchapter B, and a heading is added
to that subchapter to read as follows:
SUBCHAPTER B. SERVICES FOR
PERSONS WHO ARE DEAF OR HARD OF HEARING
|
SECTION 4. Chapter 81, Human
Resources Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. SERVICES FOR
PERSONS WHO ARE DEAF OR HARD OF HEARING
Sec. 81.051. APPLICABILITY OF SUBCHAPTER TO COURT INTERPRETERS. The
provisions of this subchapter apply to a court interpreter to the same
extent that the provisions apply to any other interpreter and are in
addition to the requirements of Chapter 57, Government Code.
|
|
SECTION 5. Section 81.007,
Human Resources Code, is transferred to Subchapter B, Chapter 81, Human
Resources Code, as added by this Act, redesignated as Section 81.052, Human
Resources Code, and amended to read as follows:
Sec. 81.052 [81.007].
INTERPRETER LICENSING PROGRAM [BOARD FOR EVALUATION OF
INTERPRETERS]. (a) The department shall [commission may]
establish a program in accordance with this subchapter [section]
for the licensing [certification] of interpreters who have
reached varying levels of proficiency in communication skills necessary to
facilitate communication between persons who are deaf or hard of hearing
and persons who are not deaf or hard of hearing.
(b) The department [commission]
shall appoint an advisory board of seven persons to assist in administering
the interpreter licensing [certification] program. A board
member may not receive compensation, but is entitled to reimbursement of
the travel expenses incurred by the member while conducting the business of
the board, as provided in the General Appropriations Act.
(c) Subject to approval of
the department [commission], the board shall prescribe
qualifications for each of several levels of licensing [certification]
based on proficiency and shall evaluate and provide licenses to [certify]
interpreters using these qualifications.
(d) A qualified board member
may serve as an evaluator under Subsection (c), and the department [commission]
shall compensate the board member for services performed as an evaluator.
(e) The department [commission]
shall charge fees for written and performance examinations, for annual license
[certificate] renewal, and for relicensing [recertification].
The fees must be in an amount sufficient to recover
the costs of the licensing [certification] program.
(f) The department [commission]
may waive any prerequisite to obtaining a license [certificate]
for an applicant after reviewing the applicant's credentials and determining
that the applicant holds a license or certificate issued by another
jurisdiction that has licensing [certification] requirements
substantially equivalent to those of this state.
(g) The department [commission]
by rule may adopt a system under which licenses [certificates]
are valid for a five-year period, subject to the license [certificate]
holder's payment of an annual license [certificate] renewal
fee. After expiration of the five-year period, an interpreter must apply
to [be recertified by] the department for license renewal
[commission]. The department [commission] may renew
the license of [recertify] an interpreter who:
(1) receives specified
continuing education credits; or
(2) achieves an adequate
score on a specified examination.
(h) The department [commission]
shall adopt rules specifying the grounds for denying, suspending, or
revoking an interpreter's license [certificate].
(i) The department [commission]
shall determine the frequency for conducting the interpreter examinations.
The department [commission] shall conduct the interpreter
examinations:
(1) in a space that can be
obtained free of charge; or
(2) at a facility selected
in compliance with Section 2113.106, Government Code.
(k) The department [commission]
shall compensate an evaluator based on a fee schedule as determined by department [commission] rule.
(l) The department [commission]
shall recognize, prepare, or administer continuing education programs for
its license [certificate] holders. A license [certificate]
holder must participate in the programs to the extent required by the department
[commission] to keep the person's license [certificate].
|
SECTION 5. Section 81.007,
Human Resources Code, is transferred to Subchapter B, Chapter 81, Human
Resources Code, as added by this Act, redesignated as Section 81.052, Human
Resources Code, and amended to read as follows:
Sec. 81.052 [81.007].
INTERPRETER LICENSING PROGRAM [BOARD FOR EVALUATION OF
INTERPRETERS]. (a) The department shall [commission may]
establish a program in accordance with this subchapter [section]
for the licensing [certification] of interpreters who have
reached varying levels of proficiency in communication skills necessary to
facilitate communication between persons who are deaf or hard of hearing
and persons who are not deaf or hard of hearing.
(b) The department [commission]
shall appoint an advisory board of seven persons to assist in administering
the interpreter licensing [certification] program. A board
member may not receive compensation, but is entitled to reimbursement of
the travel expenses incurred by the member while conducting the business of
the board, as provided in the General Appropriations Act.
(c) Subject to approval of
the department [commission], the board shall prescribe
qualifications for each of several levels of licensing [certification]
based on proficiency and shall evaluate and provide licenses to [certify]
interpreters using these qualifications.
(d) A qualified board member
may serve as an evaluator under Subsection (c), and the department [commission]
shall compensate the board member for services performed as an evaluator.
(e) The department [commission]
shall charge fees for written and performance examinations, for annual license
[certificate] renewal, and for relicensing [recertification].
The fees must be in an amount sufficient to defray [recover]
the costs of the licensing [certification] program.
(f) The department [commission]
may waive any prerequisite to obtaining a license [certificate]
for an applicant after reviewing the applicant's credentials and
determining that the applicant holds a license or certificate issued
by another jurisdiction that has licensing [certification]
requirements substantially equivalent to those of this state.
(g) The department [commission]
by executive commissioner rule
may adopt a system under which licenses [certificates] are
valid for a five-year period, subject to the license [certificate]
holder's payment of an annual license [certificate] renewal
fee. After expiration of the five-year period, an interpreter must apply
to [be recertified by] the department for license renewal
[commission]. The department [commission] may renew
the license of [recertify] an interpreter who:
(1) receives specified
continuing education credits; or
(2) achieves an adequate
score on a specified examination.
(h) The executive commissioner, in consultation with the
department, [commission] shall adopt rules specifying the
grounds for denying, suspending, or revoking an interpreter's license
[certificate].
(i) The department [commission]
shall determine the frequency for conducting the interpreter examinations.
The department [commission] shall conduct the interpreter
examinations:
(1) in a space that can be
obtained free of charge; or
(2) at a facility selected
in compliance with Section 2113.106, Government Code.
(k) The department [commission]
shall compensate an evaluator based on a fee schedule as determined by [commission]
rule.
(l) The department [commission]
shall recognize, prepare, or administer continuing education programs for
its license [certificate] holders. A license [certificate]
holder must participate in the programs to the extent required by the department
[commission] to keep the person's license [certificate].
(m) A person who holds an interpreter's license or certificate
issued by another jurisdiction, including a foreign country, or an entity
recognized by the department to have licensing or certification
requirements substantially equivalent to the requirements of this
subchapter may obtain a comparable license, as determined by the
department, without an examination. The person shall pay to the department
a fee in an amount determined by the department for the license.
|
|
SECTION 6. Section 81.0071,
Human Resources Code, is transferred to Subchapter B, Chapter 81, Human
Resources Code, as added by this Act, redesignated as Section 81.053, Human
Resources Code, and amended to read as follows:
Sec. 81.053 [81.0071].
EXAMINATION RESULTS. (a) Not later than the 60th day after the date on
which a license [certification] examination is administered
under this chapter, the department [commission] shall notify
each examinee of the results of the examination. However, if an
examination is graded or reviewed by a national testing service, the department
[commission] shall notify examinees of the results of the
examination not later than the 14th day after the date on which the department
[commission] receives the results from the testing service. If the
notice of the examination results will be delayed for longer than 90 days
after the examination date, the department [commission] shall
notify each examinee of the reason for the delay before the 90th day.
(c) The department [commission]
may require a testing service to notify a person of the results of the
person's examination.
|
SECTION 6. Substantially the
same as introduced version.
|
|
SECTION 7. Section 81.0072,
Human Resources Code, is transferred to Subchapter B, Chapter 81, Human
Resources Code, as added by this Act, redesignated as Section 81.054, Human
Resources Code, and amended.
|
SECTION 7. Same as introduced
version.
|
|
SECTION 8. Section 81.0073,
Human Resources Code, is transferred to Subchapter B, Chapter 81, Human
Resources Code, as added by this Act, redesignated as Section 81.055, Human
Resources Code, and amended to read as follows:
Sec. 81.055 [81.0073].
LICENSE [CERTIFICATE] RENEWAL. (a) A person who is
otherwise eligible to renew a license [certificate] may renew
an unexpired license [certificate] by paying the required
renewal fee to the department [commission] before the
expiration date of the license [certificate]. A person whose
license [certificate] has expired may not engage in
activities that require a license [certificate] until the license
[certificate] has been renewed.
(b) A person whose license
[certificate] has been expired for 90 days or less may renew the license
[certificate] by paying to the department [commission]
a renewal fee that is equal to 1-1/2 times the normally required renewal
fee.
(c) A person whose license
[certificate] has been expired for more than 90 days but less than
one year may renew the license [certificate] by paying to the
department [commission] a renewal fee that is equal to two
times the normally required renewal fee.
(d) A person whose license
[certificate] has been expired for one year or more may not renew
the license [certificate]. The person may obtain a new license
[certificate] by complying with the requirements and procedures,
including the examination requirements, for obtaining an original license
[certificate].
(e)
A person who holds a current license or certificate issued by another
[was certified in this] state[, moved to another state, and is
currently certified and has been in practice in the other state for the two
years preceding the date of application] may obtain a license [new
certificate] without examination [reexamination]. The
person must pay to the department [commission] a fee determined
by the department [that is equal to two times the normally required
renewal fee] for the license [certificate].
(f) Not later than the 30th
day before the date a person's license [certificate] is
scheduled to expire, the department [commission] shall send
written notice of the impending expiration to the person at the person's
last known address according to the records of the department [commission].
|
SECTION 8. Section 81.0073,
Human Resources Code, is transferred to Subchapter B, Chapter 81, Human
Resources Code, as added by this Act, redesignated as Section 81.055, Human
Resources Code, and amended to read as follows:
Sec. 81.055 [81.0073].
LICENSE [CERTIFICATE] RENEWAL. (a) A person who is
otherwise eligible to renew a license [certificate] may renew
an unexpired license [certificate] by paying the required
renewal fee to the department [commission] before the
expiration date of the license [certificate]. A person whose
license [certificate] has expired may not engage in
activities that require a license [certificate] until the license
[certificate] has been renewed.
(b) A person whose license
[certificate] has been expired for 90 days or less may renew the license
[certificate] by paying to the department [commission]
a renewal fee that is equal to 1-1/2 times the normally required renewal
fee.
(c) A person whose license
[certificate] has been expired for more than 90 days but less than
one year may renew the license [certificate] by paying to the
department [commission] a renewal fee that is equal to two
times the normally required renewal fee.
(d) A person whose license
[certificate] has been expired for one year or more may not renew
the license [certificate]. The person may obtain a new license
[certificate] by complying with the requirements and procedures,
including the examination requirements, for obtaining an original license
[certificate].
(e)
[A person who was certified in this state, moved to another state, and
is currently certified and has been in practice in the other state for the
two years preceding the date of application may obtain a new certificate
without reexamination. The person must pay to the commission a fee that is
equal to two times the normally required renewal fee for the certificate.
[(f)] Not later than
the 30th day before the date a person's license [certificate]
is scheduled to expire, the department [commission] shall
send written notice of the impending expiration to the person at the
person's last known address according to the records of the department
[commission].
|
|
SECTION 9. Section 81.0074,
Human Resources Code, is transferred to Subchapter B, Chapter 81, Human
Resources Code, as added by this Act, redesignated as Section 81.056, Human
Resources Code, and amended to read as follows:
Sec. 81.056 [81.0074].
PROVISIONAL LICENSE [CERTIFICATE]. (a) The department
[commission] may issue a provisional license [certificate]
to an applicant currently licensed or certified in another
jurisdiction who seeks a license [certificate] in this state
and who:
(1) has been licensed or
certified in good standing as an interpreter for at least two years in
another jurisdiction, including a foreign country, that has licensing or
certification requirements substantially equivalent to the requirements of
this subchapter [chapter];
(2) has passed another
[a national or other] examination recognized by the department
[commission] relating to the practice of interpretation for people
who are deaf or hard of hearing; and
(3) is sponsored by a person
licensed [certified] by the department [commission]
under this subchapter [chapter] with whom the provisional license
[certificate] holder will practice during the time the person holds
a provisional license [certificate].
(b) The department [commission]
may waive the requirement of Subsection (a)(3) for an applicant if the department
[commission] determines that compliance with that subdivision
[subsection] would be a hardship to the applicant.
(c) A provisional license
[certificate] is valid until the date the department [commission]
approves or denies the provisional license [certificate]
holder's application for a license [certificate]. The department
[commission] shall issue a license [certificate] under
this chapter to the provisional license [certificate] holder
if:
(1) the provisional license
[certificate] holder is eligible to be licensed [certified]
under Section 81.052(f) [81.007(f)]; or
(2) the provisional license
[certificate] holder passes the part of the examination under this subchapter
[chapter] that relates to the applicant's knowledge and
understanding of the laws and rules relating to the practice of
interpretation for people who are deaf or hard of hearing in this state,
and:
(A) the department [commission]
verifies that the provisional license [certificate] holder
meets the academic and experience requirements for a license [certificate]
under this subchapter [chapter]; and
(B) the provisional license
[certificate] holder satisfies any other licensing [certification]
requirements under this subchapter [chapter].
(d) The department [commission]
must approve or deny a provisional license [certificate]
holder's application for a license [certificate] not later
than the 180th day after the date the provisional license [certificate]
is issued. The department [commission] may extend the 180-day
period if the results of an examination have not been received by the department
[commission] before the end of that period.
(e) The department [commission]
may establish a fee for provisional licenses [certificates]
in an amount reasonable and necessary to cover the cost of issuing the license
[certificate].
|
SECTION 9. Section 81.0074,
Human Resources Code, is transferred to Subchapter B, Chapter 81, Human
Resources Code, as added by this Act, redesignated as Section 81.056, Human
Resources Code, and amended to read as follows:
Sec. 81.056 [81.0074].
PROVISIONAL LICENSE [CERTIFICATE]. (a) The department
[commission] may issue a provisional license [certificate]
to an applicant currently licensed or certified in another
jurisdiction, including a foreign country,
who seeks a license [certificate] in this state and who:
(1) has been licensed or
certified in good standing as an interpreter for at least two years in
another jurisdiction, including a foreign country, that has licensing or
certification requirements substantially equivalent to the requirements of
this subchapter [chapter];
(2) has passed another
[a national or other] examination recognized by the department
[commission] relating to the practice of interpretation for people
who are deaf or hard of hearing; and
(3) is sponsored by a person
licensed [certified] by the department [commission]
under this subchapter [chapter] with whom the provisional license
[certificate] holder will practice during the time the person holds
a provisional license [certificate].
(b) The department [commission]
may waive the requirement of Subsection (a)(3) for an applicant if the department
[commission] determines that compliance with that subdivision
[subsection] would be a hardship to the applicant.
(c) A provisional license
[certificate] is valid until the date the department [commission]
approves or denies the provisional license [certificate]
holder's application for a license [certificate]. The department
[commission] shall issue a license [certificate] under
this subchapter [chapter] to the provisional license [certificate]
holder if:
(1) the provisional license
[certificate] holder is eligible to be licensed [certified]
under Section 81.052(f) [81.007(f)]; or
(2) the provisional license
[certificate] holder passes the part of the examination under this subchapter
[chapter] that relates to the applicant's knowledge and
understanding of the laws and rules relating to the practice of
interpretation for people who are deaf or hard of hearing in this state,
and:
(A) the department [commission]
verifies that the provisional license [certificate] holder
meets the academic and experience requirements for a license [certificate]
under this subchapter [chapter]; and
(B) the provisional license
[certificate] holder satisfies any other licensing [certification]
requirements under this subchapter [chapter].
(d) The department [commission]
must approve or deny a provisional license [certificate]
holder's application for a license [certificate] not later
than the 180th day after the date the provisional license [certificate]
is issued. The department [commission] may extend the
180-day period if the results of an examination have not been received by
the department [commission] before the end of that period.
(e) The department [commission]
may establish a fee for provisional licenses [certificates]
in an amount reasonable and necessary to cover the cost of issuing the license
[certificate].
|
|
SECTION 10. Subchapter B,
Chapter 81, Human Resources Code, as added by this Act, is amended by
adding Sections 81.057 through 81.062 to read as follows:
Sec. 81.057. LICENSE
REQUIREMENT. (a) A person may not practice, offer or attempt to practice,
or hold that person out to be practicing as an interpreter for persons who
are deaf or hard of hearing unless the person is licensed under this
subchapter.
(b) The department shall adopt rules related to the
investigation and enforcement of activity prohibited under Subsection (a).
Sec. 81.058. PENALTIES AND OTHER ENFORCEMENT PROVISIONS. (a) A
violation of Section 81.057(a) is a deceptive trade practice.
(b) The department may apply to a district court in any county for
an injunction or another order to restrain the violation of this subchapter
by a person other than a license holder under this subchapter.
(c) If it appears to the department that a person who is not
licensed under this subchapter is violating this subchapter or a rule
adopted under this subchapter, the department, after notice and opportunity
for a hearing, may issue a cease and desist order prohibiting the person
from engaging in the activity.
(d) A person commits an offense if the person violates this
subchapter.
(e) An offense under Subsection (d) is a misdemeanor punishable by:
(1) confinement in the county jail for a period not to exceed six
months;
(2) a fine not to exceed $2,500; or
(3) both the confinement and the fine.
(f) If the person does not pay the fine and the enforcement of the
fine is not stayed, the fine may be collected and the attorney general may
sue to collect the penalty.
(g) This section does not
apply to:
(1) a person interpreting
in religious, family-oriented, or other social activities as authorized by
the department;
(2) a person interpreting
in an emergency situation involving health care services in which an
ordinarily prudent physician in the same or similar circumstances might
reasonably believe that the delay necessary to obtain a licensed
interpreter is likely to cause injury or loss to the patient, until such
time as the services of a licensed interpreter can be obtained;
(3) a person enrolled in
a course of study leading to a certificate or degree in interpreting,
provided that the person is clearly designated as a student, trainee, or
intern, and that the person engages only in activities and services that
constitute a part of a supervised course of study;
(4) a person working as an educational interpreter in compliance
with rules established by the Texas Education Agency;
(5) a person interpreting at the request of an individual who is
deaf or hard of hearing, as long as the person informs the individual who
is deaf or hard of hearing that the person is not licensed, and the person
does not force, coerce, or misguide the individual who is deaf or hard of
hearing in seeking the individual's consent;
(6) a person who is not a
resident of this state and who is currently
licensed or certified in another jurisdiction, if the person provides
interpretation services in this state on fewer than 30 days in a calendar
year, except that days on which the person provides services relating to a
state of disaster declared by the governor do not count toward the 30-day
limit; and
(7) a person who engages
in video relay interpreting.
No
equivalent provision.
Sec. 81.059. GROUNDS FOR
DISCIPLINARY ACTION. The department may refuse to issue or renew a
license, revoke or suspend a license, place on probation a person whose
license has been suspended, reprimand a license holder, or take other disciplinary
action deemed appropriate by the department, including the imposition of a
fine not to exceed $2,500, against a license holder who:
(1) makes a material
misstatement in furnishing information to the department;
(2) violates this
subchapter or a rule adopted under this subchapter;
(3) is convicted of a
felony or misdemeanor that includes dishonesty as an essential element or
of a crime directly related to the practice of interpreting;
(4) demonstrates a
pattern or practice of incapacity or incompetence to practice or otherwise
comply under this subchapter;
(5) aids or assists
another person in violating this subchapter or a rule adopted under this
subchapter;
(6) does not provide
information in response to a written request made by the department by
certified mail within 30 days;
(7) engages in
malpractice or dishonorable, unethical, or unprofessional conduct that is
likely to deceive, defraud, or harm the public;
(8) is habitually
intoxicated or addicted to a controlled substance or a drug that is likely
to result in a license holder's inability to practice interpretation with
reasonable judgment, skill, or safety;
(9) is disciplined by
another jurisdiction if at least one of the grounds for the discipline is
the same or substantially equivalent to one of those set forth in this
section;
(10) violates a term of
probation;
(11) by clear and
convincing evidence, is shown to have abused or neglected a child;
(12) has been grossly
negligent in the practice of interpreting;
(13) with fraudulent
intent interprets for an individual under any name, including a false name
or alias;
(14) knowingly allows
another person or organization to use the license holder's license to
deceive an individual or the public;
(15) cheats or attempts
to cheat on an examination or evaluation related to obtaining an
interpreter license, or intentionally divulges or inappropriately uses any
aspect of confidential information relating to the license examination;
(16) commits immoral
conduct such as sexual abuse, sexual misconduct, or sexual exploitation in
the commission of an act related to the license holder's practice;
(17) wilfully violates
the confidentiality between an interpreter and client, except as required
by law;
(18) practices or
attempts to practice interpreting under a name other than the license
holder's actual name;
(19) uses any false,
fraudulent, or deceptive statement in any document connected with the
license holder's practice;
(20) fails to report to
the department any adverse final action that is related to acts or conduct
similar to acts or conduct that would constitute grounds for action under
this section, taken against the license holder by another licensing
jurisdiction, a peer review body, a professional interpreting association
for persons who are deaf or hard of hearing, a governmental agency, or a
court presiding over a liability claim in which the license holder is a
party;
(21) fails to report to
the department the license holder's surrender of the license holder's:
(A) license or authorization
to practice interpreting in another state or jurisdiction; or
(B) membership in any
interpreting association or society for persons who are deaf or hard of
hearing while under disciplinary investigation by the association or
society for acts or conduct similar to acts or conduct that would
constitute grounds for action under this section;
(22) becomes unable to
practice interpretation with reasonable judgment, skill, or safety as a
result of physical illness or injury, including deterioration through the
aging process, loss of motor skills, or mental illness; or
(23) wilfully and grossly
overcharges for interpreter services, including charging for services that
have not been rendered.
Sec. 81.060. MENTAL OR
PHYSICAL EXAMINATION. (a) The department may compel a license holder who
is licensed under this subchapter, or who has applied for a license under
this subchapter, to submit to a mental or physical examination if the
department has a reasonable suspicion that the license holder or applicant
is in violation of a provision in Section 81.059 and if an examination
would be appropriate to reveal or address the violation. An examination
under this section must be at the expense of the department and must be
performed by a physician selected by the department. The license holder or
applicant being examined may, at the expense of the license holder or
applicant, select an additional physician to be present during the
examination.
(b) After the examining
physician completes a mental or physical examination under this section,
the physician shall provide to the department a report concerning the
results of the examination of the license holder or applicant. Any common
law or statutory privilege relating to communications between the license
holder or applicant and the examining physician does not apply to the
report.
(c) If a license holder
or applicant fails to submit to an examination under this section, the
department, after notice and a hearing, may suspend the license holder's
license or withhold decision on the applicant's application until the
person submits to the examination, if the department finds that the failure
to submit to the examination was without reasonable cause.
Sec. 81.061. ACTION
FOLLOWING MENTAL OR PHYSICAL EXAMINATION. (a) If the department
determines, based on the mental or physical examination performed under
Section 81.060, that a license holder or applicant is unable to practice
interpretation, the department may:
(1) allow the license
holder or applicant to practice interpretation:
(A) conditionally on the
individual's submission to appropriate care, counseling, or treatment; or
(B) subject to any other
restriction or condition that the department determines to be appropriate;
or
(2) take disciplinary
action, including suspension or probation, that the department determines
to be appropriate.
(b) If a license holder
or applicant to whom the department grants conditional permission to
practice interpretation under Subsection (a)(1) fails to comply with any
condition or restriction on the individual's practice, the department may
immediately suspend the license holder's license.
(c) If the department
immediately suspends a license holder's license according to Subsection
(b), the department must afford the license holder the opportunity for a
hearing to be held not later than the 15th day after the date on which the
department suspended the license holder's license. At a hearing held under
this subsection, the department may review any of the license holder's
treatment or counseling records to the extent allowed by applicable
confidentiality restrictions.
Sec. 81.062. RESUMING PRACTICE AFTER SUSPENSION. A
license holder whose practice was suspended according to any provision in
this subchapter may demonstrate to the
department that the license holder has remedied the reason for which the
license was suspended and is capable of resuming practice in compliance
with the requirements of this subchapter.
|
SECTION 10. Subchapter B,
Chapter 81, Human Resources Code, as added by this Act, is amended by
adding Sections 81.057, 81.058, and 81.059 to read as follows:
Sec. 81.057. LICENSE
REQUIREMENT. (a) A person may not practice, offer or attempt to practice,
or hold that person out to be practicing as an interpreter for persons who
are deaf or hard of hearing unless the person is licensed under this
subchapter.
(b) The executive commissioner, in consultation with the
department, may adopt rules related to
the investigation and enforcement of activity prohibited under Subsection
(a).
No equivalent provision.
(c) This section does not
apply to:
(1) a person interpreting
in religious, family-oriented, or other social activities as authorized by
the department;
(2) a person interpreting
in an emergency situation involving health care services in which an
ordinarily prudent physician in the same or similar circumstances might
reasonably believe that the delay necessary to obtain a licensed
interpreter is likely to cause injury or loss to the patient, until such
time as the services of a licensed interpreter can be obtained;
(3) a person enrolled in
a course of study leading to a certificate or degree in interpreting,
provided that the person is clearly designated as a student, trainee, or
intern and that the person engages only in activities and services that
constitute a part of a supervised course of study;
(4) a person who is not a
resident of this state and who is licensed or certified in another
jurisdiction or by an entity recognized by
the department, if the person provides interpretation services in
this state on fewer than 30 days in a calendar year, except that days on
which the person provides services relating to a state of disaster declared
by the governor do not count toward the 30-day limit;
(5) a person who engages
in video relay interpreting; or
(6) a person providing interpreting services in another setting as
determined by the department.
(d) The department may suspend the license of a person who violates
a provision of this subchapter or a rule adopted under this subchapter.
Sec. 81.058.
ADMINISTRATIVE PENALTIES. (a) The department may impose an administrative
penalty on a person who violates Section 81.057 or a rule adopted under
that section.
(b) A penalty imposed under
this section may not exceed $5,000 for each violation. Each day a violation
continues or occurs is a separate violation for the purpose of imposing a
penalty.
(c) When imposing a
penalty under this section, the department must consider:
(1) the seriousness of
the violation, including the nature, circumstances, extent, and gravity of
the violation;
(2) the economic harm
caused by the violation;
(3) the history of
previous violations;
(4) the amount necessary
to deter a future violation;
(5) efforts to correct
the violation; and
(6) any other
consideration that justice may require.
(d) The executive
commissioner, in consultation with the department, shall adopt rules
necessary to implement this section.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
Sec. 81.059. REINSTATEMENT OF LICENSE AFTER SUSPENSION. The department may reinstate the license of
a license holder whose practice was suspended according to any provision in
this subchapter if the license holder
demonstrates to the department that the license holder has remedied
the reason for which the license was suspended and is capable of resuming
practice in compliance with the requirements of this subchapter, all administrative orders entered against the
license holder, and all rules adopted under this subchapter.
|
|
SECTION 11. A person is not
required to hold a license issued under Section 81.052, Human Resources
Code, redesignated and amended by this Act, until September 1, 2014.
|
SECTION 11. Substantially
the same as introduced version.
|
|
No
equivalent provision.
|
SECTION 12. The Department
of Assistive and Rehabilitative Services may issue a license under Section
81.052, Human Resources Code, as redesignated and amended by this Act,
without an examination, to any person who, on the effective date of this
Act, held a current and valid certification granted by the Board for
Evaluation of Interpreters and who met all other requirements for holding
that certification. A person who was on probation or whose certification
was suspended must comply with all terms, conditions, and requirements relating
to the suspension or probation prior to eligibility for issuance of a
license under this section.
|
|
SECTION 12. The changes in
law made by this Act relating to conduct that is grounds for imposition of
a disciplinary sanction apply only to conduct that occurs on or after
September 1, 2014. Conduct that occurs before that date is governed by the
law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
|
SECTION 13. The changes in
law made by this Act relating to conduct that is grounds for imposition of
a disciplinary sanction apply only to conduct that occurs on or after
September 1, 2014. Conduct that occurs before that date is governed by the
law in effect immediately before the
effective date of this Act, and
the former law is continued in effect for that purpose.
|
|
SECTION 13. Not later than
September 1, 2014, the Department of Assistive and Rehabilitative Services
shall adopt rules necessary to implement the changes in law made by this
Act.
|
SECTION 14. Not later than
September 1, 2014, the executive commissioner
of the Health and Human Services Commission in consultation with the
Department of Assistive and Rehabilitative Services shall adopt rules
necessary to implement the changes in law made by this Act.
|
|
SECTION 14. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.
|
SECTION 15. Same as
introduced version.
|
|