This rule will have little to no fiscal effect on regulated small businesses as the proposed rule imposes no new requirements and returns all Flesch scores and access requirements back to 2010 standards.

Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an effect on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected:

Insurance agents, LSHO, Town Mutuals, Small Insurers, etc.

b. Description of reporting and bookkeeping procedures required:

None beyond those currently required.

c. Description of professional skills required:

None beyond those currently required.

The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address eileen.mallow@wisconsin.gov.

No State Fiscal Effect.

No local government costs.

None.

These changes will not have a significant fiscal effect on the private sector as the proposed rule reverts back to prior requirements thereby imposing no costs on insurers or intermediaries that could be passed on to the private sector.

Inger Williams, OCI Services Section, at:

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing, in conjunction with the Sign Language Interpreters Council, will hold a public hearing at the time and place indicated below to consider an emergency order and an order adopting permanent rules to create Chapters RL 200-202, governing the professional conduct of individuals licensed as sign language interpreters, and for the treatment of state resident licensure exemption requests.

Interested persons are invited to present information at the hearing. Even if appearing at the hearing in person, you are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by the date and time of the hearing to be included in the record of rule-making proceedings.

Comments may be submitted to Kris Anderson, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 1521, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to kristine1.anderson@wisconsin.gov. Comments must be received on or before May 3, 2011 to be included in the record of rule-making proceedings.

Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Kristine1.Anderson@wisconsin.gov.

Section 440.032, Stats.

Sections 227.11 (2), Stats., and ss. 440.032 (6) (d) and (7) (b), Stats.

The department is authorized under s. 440.032 (7) Stats., to promulgate rules defining a code of ethics for the professional conduct of individuals licensed under s. 440.032 (3), Stats. The council is authorized under s. 440.032 (6) (d) to promulgate rules establishing a process and criteria for granting exemptions to licensure under s. 440.032 (2) (c) 2.

These proposed rules will implement the statutory provisions created by 2009 Wisconsin Act 360.

SECTION 1 creates ch. RL 200, “Authority and Definitions." Section RL 200.01 identifies the statutory authority under which chapters RL 200 to 202 are adopted. Section RL 200.02 provides the definitions of “advocate," “conflict of interest," “consumer," “family member," “interpreter," “interpreting situation," “interpreting," and “unlicensed interpreter" as those terms are used in chapters RL 200 to 202.

SECTION 2 creates ch. RL 201, “Unprofessional Conduct." Section RL 201.01 sets forth 25 different types of unprofessional conduct that are prohibited for individuals licensed as sign language interpreters.

SECTION 3 creates ch. RL 202, “State Resident Exemption." Section RL 202.01 first establishes the criteria for a temporary or permanent licensure exemption under s. 440.032 (2) (c) 2., Stats., which allows the requestor to provide interpreter services either to a specific person, s. RL 202.01 (1), or for a specific time period, s. RL 202.01 (2), without a license.

Section RL 202.01 (3) requires individuals requesting a state resident exemption to submit a written request to the council stating the rationale for the request and providing supporting documentation, if any.

Section RL 202.01 (4) provides a list of 12 items of information a requestor under subs. (1) must include in his or her exemption request. Section RL 202.01 (5) provides a list of 11 items of information a requestor under subs. (2) must include in his or her exemption request. Section RL 202.01 (6) provides three examples of supportive documentation that may be included with an exemption request, if appropriate.

Section RL 202.01 (7) allows the council to require an individual seeking a state resident exemption to appear before the council to provide further information supporting the request.

Section RL 202.01 (8) provides that the council may not grant an exemption under subs. (2) to individuals waiting to take a test given by, or for test results from, the National Association for the Deaf, Inc., or for certification by Registry of Interpreters for the Deaf, or for verification by Wisconsin Interpreting and Transliterating Assessment, or for other certification or verification required for licensure under s. 440.032 (3), Stats.

There is no existing or proposed federal regulation addressing the practice of sign language interpreting.

Illinois:

Illinois's Interpreter for the Deaf Licensure Act of 2007 requires the licensure of individuals who provide interpreting or transliterating services to deaf or hard-of-hearing consumers. 225 ILCS 443/15. The Illinois Deaf and Hard of Hearing Commission administers the Act, and has licensing and rule-making authority. 225 ILCS 443/10, 30, 50.

All individuals subject to the Illinois Act must abide by the Act and Code unless specifically exempted by the Act. 68 Illinois Admin. Code 1515.20 The Act exempts from its purview individuals who provide interpreting services in seven (7) specified scenarios. 225 ILCS 443/25 (1)-(7). Subections (1)-(5) describe scenarios that are similar to those for which Wisconsin does not require a license, such as for educational interpreters and in emergency situations. (Wisconsin's general licensure exemptions may be found at ss. 440.032 (2) (b) 1.-5., Stats.) Subsection (6) of 225 ILCS 443/25 exempts non-residents who are licensed in another jurisdiction, and who either provide interpreting services for not more than 14 days in a calendar year, or who engage in interpreting by teleconference, video conference, or other technological means. Subsection (7) of 225 ILCS 443/25 exempts individuals who provide sign language interpreting services when teleconference, video conference, other technological means, or a licensed Illinois interpreter are unavailable. Illinois law does not otherwise address exemptions for state residents.

225 ILCS 443/ Interpreter for the Deaf Licensure Act of 2007.

Illinois licensees must comply with standards of professional conduct. 68 Illinois Admin. Code 1515.130. The code provides a non-exclusive list of six instances of unprofessional conduct: (1) interpreting beyond the skill level indicated in the interpreter's certification; (2) accepting interpreting assignments the interpreter either should or does know he or she is not competent to perform; (3) interjecting personal opinions during an assignment regarding the assignment; (4) delegating an assignment to an individual, for which that individual is either not qualified or lacks the appropriate certification; (5) extending an assignment solely for financial gain; and (6) taking advantage of, or causing harm to, the person to whom the interpreter is providing services. 68 Illinois Admin. Code 1515.130 (1)-(6). In addition to the six listed standards, the Illinois rules incorporate by reference the NAD-RID Code of Professional Conduct of the Registry of Interpreters for the Deaf. 68 Illinois Admin. Code 1515.130 (b).

http://www.ilga.gov/commission/jcar/admincode/068/06801515sections.html

Iowa:

In Iowa, no individual may engage in the practice of sign language interpreting without a license from the board of sign language interpreters and transliterators, unless the individual qualifies for one of the licensure exceptions. Iowa Code ss. 147.2(1), 154E.4 (2) (a)-(e). Subections (2) (b)-(e) of s. 154E.4 describe scenarios that are similar to the Wisconsin and Illinois general exemptions. Subsection (2) (a) of Iowa Code s. 154E.4 excepts non-residents who are licensed in another state, and who provide interpreting services for not more than 14 days in a calendar year. Iowa law does not otherwise address exemptions for state residents.

http://search.legis.state.ia.us/NXT/gateway.dll?f=templates&fn=default.htm

The Iowa Board of Sign Language Interpreters and Transliterators is responsible for enforcement of the licensee rules. The board may sanction a licensee upon finding that he or she has committed, among other things, various types of fraud and fraudulent activities, professional incompetency, practice outside the scope of the profession, untruthful advertising, habitual intoxication or addiction to drugs, failure to pay costs assessed in any disciplinary proceeding, or failure to comply with a board order. 645 Iowa Admin. Code 363.2(1) – (31).

The board may impose a range of sanctions including: revocation or suspension of a license, additional education and training, civil penalties not exceeding $1,000, or a citation or warning. 645 Iowa Admin. Code 363.3.

http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/645.362.pdf

http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/645.363.pdf

Michigan:

Michigan's Deaf Persons' Interpreters Act requires sign language interpreters to become registered with the state as “qualified interpreter[s]." The Act, codified at ss. 393.501-509, Michigan Compiled Laws (MCL), defines “qualified interpreter" as “a person who is certified through the National Registry of Interpreters for the Deaf [(NRID)] or certified through the state by the [Division of Deaf and Hard of Hearing (DODHH)]." MCL s. 393.502 (f). The Act mandates that in all situations in which state or federal law requires accommodations for a deaf person, the interpreter shall be a “qualified interpreter." MCL s. 393.503a. Section 393.508b, MCL, makes it a misdemeanor for any individual to falsely represent him or herself as qualified under the Act. An individual applying for registration as a qualified interpreter, or an individual already so certified, who violates the Act is subject to application denial, or revocation, suspension, or limitation of his or her certification. MCL ss. 393.508b (2) (a), (b).

Michigan Legislature - Act 204 of 1982

The Act also provides that DODHH, with advice from the Michigan Department of Education, shall promulgate rules to govern application procedures, certification testing, revocation, suspension, or limitation of certification, registration renewal, minimum credential requirements and levels, continuing education, minimum standards of practice, and grievances. MCL s. 393.508a (1). DODHH has drafted such rules, but they have yet to be promulgated. The rules draft is available at http://www.michigan.gov/documents
/dleg/DELEG_CDC_QualifiedInterpreter_315325_7.pdf. Other information related to registration of sign language interpreters in Michigan is available at MDCD - Commission for Disability Concerns.

Minnesota:

Minnesota does not regulate sign language interpreters other than those employed in schools and by courts. Minn. Stats. ss. 122A.31, Minn. Court Rule 8. Wisconsin specifically exempts those two categories of interpreters when they are licensed by the Department of Public Instruction as an educational interpreter and certified by the supreme court to act as a qualified interpreter in court proceedings, under s. 885.38(2), Stats., respectively.

122A.31, 2010 Minnesota Statutes8710.5200 Minnesota Rule; https://www.revisor.mn.gov/rules/?id=8710.5200; https://www.revisor.mn.gov/data/revisor/court_rules/gp/_2011-01-20_12-31-18/gp_chapter.pdf, at pp. 18-26.

The Sign Language Interpreters Council used the NAD-RID Code of Professional Conduct, as required by statute, as a starting point for creating the rules regarding the sign language interpreter's code of conduct. The council met several times to discuss the NAD-RID standards and modifications to those standards to specifically meet the needs of Wisconsin interpreters and Wisconsin residents. The Council then provided its recommendations to the department. Such recommendations were reviewed and considered by the Secretary of the Department. Changes were made to the recommended code of conduct and approved by the Secretary.

Under s. 440.032 (6) (d), Stats., the council is responsible for promulgating rules regarding licensure exemptions for state residents. Membership in the council is as follows: five (5) deaf or hard of hearing individuals who have used sign language interpreting services, two (2) active sign language interpreters, and one individual not deaf or hard of hearing who has obtained sign language interpreting services for another. Wis. Stat. s. 15.407 (9). Based on the new licensure requirements and the council members' collective experience, the council formulated state-resident exemption criteria that will ensure the minimal competence of an unlicensed interpreter and the safety of consumers of such services.

The department finds that this rule will have no significant effect on small business.

These proposed rules will be reviewed by the department's Small Business Review Advisory Committee to determine whether the rules will have any significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats.

The Department's Regulatory Review Coordinator may be contacted by email at john.murray@wisconsin.gov, or by calling (608) 266-8608.