83R20901 JSL-F

By: Rodriguez of Travis, J. Davis of Harris, H.B. No. 2072

Naishtat

Substitute the following for H.B. No. 2072:

By: N. Gonzalez of El Paso C.S.H.B. No. 2072

A BILL TO BE ENTITLED

AN ACT

relating to services for persons who are deaf or hard of hearing and licensing requirements for interpreters for persons who are deaf or hard of hearing; providing an administrative penalty; requiring a fee and changing the rate of a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 81, Human Resources Code, is amended by designating Sections 81.001, 81.002, 81.0021, 81.0022, 81.003, 81.004, 81.005, 81.0051, 81.0055, 81.006, 81.008, 81.009, 81.013, 81.014, 81.015, 81.016, 81.017, 81.019, 81.020, and 81.021 as Subchapter A and adding a heading to that subchapter to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS; POWERS AND DUTIES

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 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 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 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 subchapter [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 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 to read as follows:

Sec. 81.054 [81.0072]. REVOCATION OR SUSPENSION OF LICENSE [CERTIFICATE]. (a) The department [commission, based on the recommendation of the Board for Evaluation of Interpreters,] may revoke or suspend a license [certificate] or place a license [certificate] holder on probation for a violation of a statute, rule, or policy of the department [commission]. If a license [certificate] holder is placed on probation, the department [commission] may require the practitioner:

(1) to report regularly to the department [commission] on matters that are the basis of the probation;

(2) to limit practice to those areas prescribed by the department [commission]; or

(3) to continue or renew professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation.

(b) If the department [commission] proposes to suspend or revoke a license [certificate] or place a license [certificate] holder on probation, the license [certificate] holder is entitled to a hearing before the department [commission] or a hearings officer appointed by the department [commission]. All final decisions to suspend or revoke a license [certificate] or place a license [certificate] holder on probation shall be made by 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, 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, 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).

(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.

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, as redesignated and amended by this Act, until September 1, 2014.

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 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 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 15. 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.