1 2007 sign language interpreting licensure law opening the dialogue az r egistry of i nterpreters...

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2007 SIGN LANGUAGE INTERPRETING

LICENSURE LAW

Opening the Dialogue

AZ Registry of Interpreters for the Deaf

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AGENDA

Welcome/Introductions History of Arizona Licensure Laws Overview of ARS 36-1971 thru 36-1978 Current licensure activity & community

involvement Call to action Questions & Answers

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HISTORY of the AZ LICENSURE AZRID’s efforts (1999)

Develop a plan

Identify the problems

Following through Intent behind the laws State minimum standards

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DEVELOP OUR PLAN

Identify problems Address AZRID Research Write bill Meet with stakeholders….. Expect it to take 3 years!

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PROBLEMS IDENTIFIED:K thru 12Educational Interpreter

Limited training & opportunities

Low motivation Under qualified; weak

language models Underpaid Categorized incorrectly Supervised/evaluated by

people who lack knowledge of the job/profession.

Administration

Lacks knowledge Lacks respect towards

the validity of the profession

Views staff interpreters as aides

Poor hiring practices Poor evaluation

processes Only sees the bottom

line ($$$)

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Parents

Unaware Uninvolved Doesn’t ask or challenge Leaves it to Administration

PROBLEMS IDENTIFIED:K thru 12

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PROBLEMS IDENTIFIED: General Multiple credentials (State and National) Consumers unsure of what to ask for Signers marketing themselves incorrectly Signers charging inappropriate rates. Consumers and interpreters have NO

recourse with non-certified signers No standardized definition of “Qualified

Interpreter” There is no accountability!

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AZRID’s INTENT—K thru 12 Establish a work category Improve work environments Improve pay scales and incentives Establish appropriate hiring and evaluating

processes Establish relevant and challenging training Setting an expectation for the

administration since the system hasn’t worked thus far.

Create a framework of accountability

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AZRID’s INTENT— General Address problems identified Raise minimum standard statewide Define qualified Establish accountability without

reinventing the wheel

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ARS 36-1971– “Exemptions” Works in AZ for less than twenty days Provides services at religious activities. Provides services for an emergency if a

delay …is likely to cause injury or loss of life.

Volunteers their services (except legal) Employed in a K-12 school (per IEP) Interns or students in training

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ARS 36-1971 – “Licensure”The commission shall prescribe the education,

examination and work history requirements for the licensure:

1. Legal.2. Generalist.3. Provisional.

RID as a minimum standard is NOT in the law!

**This is why you need to get involved!**

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ARS 36-1972 — “Use of title”A person who is NOT LICENSED shall not: Use any title, abbreviation, words, letters,

signs Practice as an interpreter Use another person's license.

**A person who violates this section is guilty of a Class 2 Misdemeanor (1 year/$750.00)**

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ARS 36-1973 - “Qualifications” Submit an application and … fee as

prescribed by the commission. ** Document successful completion of education,

examination and work history requirements for the specific category of license for which they are applying. **

The application processes are NOT defined in the law, but in the rule making process. **

**This is why you need to get involved!**

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ARS 36-1974 — “Renewal” Executive director issues the licenses Pay a penalty fee for late renewal Practic[ing] after a license a expired is in

violation. (Misdemeanor) A license that terminates shall submit an

application and application fee as an original application...

The commission may prescribe CEU as a condition of renewal

**This is why you need to get involved!**

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ARS 36-1975 – “Denial”

Committed fraud or misrepresentation in applying for a license in this state or another state.

Convicted of a felony offense or any other offense involving moral turpitude.

Adjudicated insane or incompetent. Engaged in fraud, dishonesty or

corruption on a certification examination in another state.

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ARS 36-1976– “Revocation” Unprofessional

conduct Gross negligence or

incompetence Fraud, dishonesty or

corruption Inability to perform the

duties at a level of skill defined by the commission.

The commission-- Shall give notice

and an opportunity for a hearing pursuant to its rules.

May issue subpoenas, examine witnesses and administer oaths

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Revocation, suspension language is expected to be cut and pasted from the legal licensure rules!

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CURRENT LICENSING ACTIVITY and the COMMUNITY ARS 12-242—Interpreters for deaf people Rulemaking 101—your rights…your

involvement

“If you don’t know your rights, then you have no rights”

Andrew M Somers, Civil Liberties Public Speaker, Writer

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A. The court shall in any civil or criminal case or grand jury proceeding… appoint a qualified interpreter to interpret the proceedings to the deaf person…

B. A department, board, commission, agency or licensing authority of this state or a political subdivision … appoint a qualified interpreter…

C. If a person known or ascertained to be deaf is arrested and taken into custody for any alleged violation of a criminal law … shall procure a qualified interpreter in order to properly interpret...

ARS 12-242

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CHECKS and BALANCES

ACDHH legally responsible for WRITING the rules

Governors Regulatory Review Council ultimately APPROVES rules

Public has direct INPUT into the rules

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ARS 41-1001—Definition of Rule an agency statement of general applicability

that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of an agency. Rule includes prescribing fees or the amendment or repeal of a prior rule but does not include intraagency memoranda that are not delegation agreements.

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RULE MAKING 101Rulemaking made public

Public Comments

GRRC—Public Comments

GRRC Decides on rules

Secretary of State

Arizona Commission for the Deaf

and the Hard of Hearing

Governor’s RegulatoryReview Council

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RULES = Implementation of Law Framework (Legal Interpreter Rules)

– Definition– Application– Sign Language (Legal) Interpreter

Licensure– Provisional Sign Language (Legal)

Interpreter Licensure– Deaf Legal Interpreter Licensure

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RULES = Implementation of Law Framework (cont’d.)

– Oral Interpreter Licensure– Licensing Application Time-Frames;

Processing Procedures– License Denial, Suspension, and

Revocation– Complaint Procedures– Rehearing or Review of Decisions– Licensure Renewal– Grandfathering of (Legal) Interpreters

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DO RULES RULE FOREVER?

Every 5 years rules are reviewed!

Rules are rewritten,reevaluated, recycled through the public process!

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A CALL TO ACTION

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COALITION--Purpose Pool together resources

of interested “players” Identify common

interests Collectively &

PROACTIVELY influence how the law is implemented (eg rules)

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COALITION--PlayersNGO

Non-Government Organizations

For-Profit Non-Profit Educational Healthcare Human

Services

Practitioners Students Consumers Parents Associations

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Practitioners– Nat’l Certified – Pre-Certified– AZ rated/IQAS– Other State Certified– EIPA*– Employees– Independent

Contractors

Students– ITP/IPP– ASL Students

Consumers– d/Deaf*– Deaf/Blind– Hard-of-Hearing*– Non-deaf*

Parents

Associations– Social (e.g. AZAD)– Workers (e.g. union)– Professional (e.g. ASLTA)*

COALITION--Players

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For Profit– Agencies– Corporations– Businesses

Educational– Vocational schools– Private– Post-secondary

schools– Teachers of D/HH

Non-Profit– Organizations of all types

Healthcare– Hospitals– HMOs– Private practice

Human Services– Treatment Facilities– Counseling

COALITION--Players

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Interested in becoming part of this coalition?

Contact

Denise Wetzler, AZRID President

Email—president@azrid.info

COALITION—Partnering

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AZRID NEEDS YOU!Wanted

Legislative Committee Chairperson

Generalist Licensure Ad Hoc Committee Chairperson

Committee Members

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QUESTIONS & ANSWERS

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PastPresentFuture

SUMMARY

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WHAT TO DO….?

2 years, 3 months, 3 weeks, & 5 days…

UNTIL October 1, 2007

How will YOU use the keys between NOW and THEN …

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CONTACTS & RESOURCESCONTACTS

Presentation

Elita Harvey— ElitaH@aol.com

Holly Wilson– askharis@cox.net

Coalition/AZRID

Denise Wetzler, President– president@azrid.info

Licensure Law & Rules process

Carmen Greene, Deputy Director– carmen.greene@acdhh.state.az.us

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RESOURCES Arizona Registry of Interpreters for the Deaf

www.azrid.info

Arizona Translators and Interpreters, Inc.www.clic2ati.org

Secretary of State (Rules publications)www.azsos.gov/aar

Governors Regulatory Review Council (GRRC)www.grrc.state.az.us

Arizona Revised Statues (Laws)www.azleg.state.az.us/ArizonaRevisedStatutes.asp

CONTACTS & RESOURCES

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ANNOUNCEMENT

Annual Business Meeting

Tuesday, June 28th

Phoenix Deaf Community Center

6:30 pm

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THANK YOU Northern Arizona University NAUNet

Interactive Television (ITV)– www.distance.nau.edu

Hands Above the Rest Interpreting Services (HARIS)– www.handsabovetherest.com

Interpreters– Joy Plote– Jeremy Brunson