STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
------------------------------------------------------------------------------------------------------------
IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES
: ADOPTING RULES
PROFESSIONAL SERVICES : (CLEARINGHOUSE RULE 22-001)
ORDER
An order of the Department of Safety and Professional Services to amend ss. SPS 200.01, 200.02 (intro.), 201.01 (2), (3), (4), (16), and (21); to create ss. SPS 200.02 (1g), (1r), (12), and (13), 201.01 (5) (c), 201.01 (26), (27), (28), and (29), chs. SPS 203 and 204; and to repeal ss. SPS 200.02 (4), (7), and (11), 201.01 (17), and ch. SPS 202, relating to sign language interpreter authority, definitions, scope of practice, professional conduct, and identification cards. Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Explanation of agency authority:
Under s. 440.032 (7)(b), Stats., “The department, after receiving advice from the committee, may promulgate rules governing the professional conduct of individuals licensed under sub. (3). The rules shall incorporate the rules of professional conduct adopted by the National Association of the Deaf, or its successor, and the Registry of Interpreters for the Deaf, or its successor, or a substantially equivalent organization, as determined by the department after receiving advice from the committee.”
Section 440.032 (4m), Stats. provides that “The department, after receiving advice from the committee, may promulgate rules defining the scope of practice of each license granted under sub. (3).” Section 440.032 (5m) provides the department authority to promulgate rules relating to licensees carrying identification cards. Related statute or rule: None
Plain language analysis:
In light of 2019 Wisconsin Act 17, the department must revise its rules to ensure they match new statutory requirements as well as industry practice generally. This includes revising the rules to ensure references to state agencies are correct and that the rule text conforms to current drafting standards. Additionally, the professional code of conduct for sign language interpreters is being revised to add several provisions that are included in the national industry standards, and a provision that is part of other profession’s unprofessional conduct rules, but not currently included in ch. SPS 201, the professional conduct chapter. This includes provisions stating that the following acts are unprofessional conduct subject to discipline: — Failing to maintain a professional demeanor when working with consumers, colleagues, interns, or students.
— Failing to honor professional commitments or terminating assignments, unless fair and justifiable grounds exist.
— Failing to inform appropriate parties in a timely manner when delayed or unable to fulfill assignments.
— Failing to cooperate in a timely manner with the department’s investigation of a complaint filed against a credential holder.
Further, the rule project includes new provisions specifying that licensees must carry an identification card and the content of that card. Also, requirements for scope of practice have been added. Finally, the administrative rules relating to a state residency exemption from licensure are repealed.
Summary of, and comparison with, existing or proposed federal regulation: 74 CFR 64 subchapter F outlines the rules for Telecommunications Relay Services, also known as Video Relay Services, which is a method of communication for individuals who utilize American Sign Language. Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A
Comparison with rules in adjacent states:
Illinois: Illinois offers interpreter licenses at four proficiency levels including provisional, intermediate, advanced, and master. Each successive level may perform services that each level beneath it may perform in addition to the services unique to its level. A provisional level licensee can provide vocational rehabilitation services, community education and recreation programs, and live entertainment. Intermediate level interpreters can provide interpretation in a larger variety of education settings, some medical settings, and may interpret via video relay. Advanced level practitioners can provide services in a greater variety of medical settings, including mental health, as well as financial services and civil or misdemeanor legal matters. Finally, a master level credential holder can provide services in felony legal matters (68 IL Admin. Code § 1515.90).
Illinois sign language interpreter’s professional code of conduct expressly adopts the RID/NAD standards and also includes provisions making it unprofessional conduct to extend an assignment solely for the purpose of financial gain, interjecting personal opinion, delegating assignments to unqualified or unlicensed persons, accepting or performing assignments that the licensee knows or has reason to know they are not competent to perform, and exploiting a consumer (68 IL Admin. Code § 1515.130).
Illinois law does not appear to require sign language interpreters to carry an identification card.
Iowa: Interpreters and transliterators must be licensed to practice in Iowa, with the exception of out of state licensees performing services no more than 14 days in a year in Iowa, individuals providing interpreting services for religious services, emergency situations, individuals providing interpretation services on a substitute basis in an educational setting so long as it is for no more than 30 school days per year, and students in an interpreting school (IA Stats. § 154E.4).
Iowa statutes require licensees to maintain a professional demeanor while providing services, refrain from interjecting personal opinion, treat people fairly and respectfully, use discretion in accepting assignments, and shall be a life-long learner (IA Stats. § 154E.3 (3)).
Iowa does not appear to require licensees to carry an identification card.
