Wis. Stat. § 440.032
Sign language interpreting
Redline — January 1, 2009 → current.View current text →
Current — January 1, 2021
As of January 1, 2009
(1) Definitions. In this section: (a) “Client" means a deaf or hard of hearing person for whom a person provides interpretation services. (b) "Council" means the sign language interpreter council. (c) “Support service provider" means an individual who is trained to act as a link between a person who is deaf and blind and the person's environment. (d) "Wisconsin interpreting and transliterating assessment" means a program administered by the department of health services to determine and verify the level of competence of communication access services providers who are not certified by the Registry of Interpreters for the Deaf, Inc., or its successor, the National Association of the Deaf or its successor, or other similar nationally recognized certification organization, or a successor program administered by the department of health services.
(1) Definitions. In this section: (a) “Client" means a deaf or hard of hearing person for whom a person provides interpretation services. (am) “Committee” means the sign language interpreters advisory committee established under sub. (6m) . (bm) “Interpreter training program” means any postsecondary educational program that prepares individuals to provide sign language interpretation services to a client. (c) “Support service provider" means an individual who is trained to act as a link between a person who is deaf and blind and the person's environment.
(2) License required. (a) Except as provided in pars. (b) and (c) , no person may, for compensation, provide sign language interpretation services for a client unless the person is licensed by the department under sub. (3) . (b) No license is required under this subsection for any of the following: 1. A person interpreting in a court proceeding if the person is certified by the supreme court to act as a qualified interpreter in court proceedings under s. 885.38 (2) . 2. A person interpreting at any school or school-sponsored event if the person is licensed by the department of public instruction as an educational interpreter. 3. A person interpreting at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This subdivision does not apply to a person interpreting for a religious organization at a professional service provided or sponsored by the religious organization. 4. A support service provider interpreting for the purpose of facilitating communication between an individual who provides interpretation services and a client of the individual. 5. A person who, in the course of the person's employment, provides interpretation services during an emergency unless the interpretation services are provided during a period that exceeds 24 hours. (c) 1. The council may grant a temporary exemption to an individual who is not a resident of this state that authorizes the individual to provide interpretation services for a period not to exceed 20 days, if the individual is certified by the Registry of Interpreters for the Deaf, Inc., or its successor, or the National Association of the Deaf or its successor. The council may not grant an individual more than 2 temporary exemptions under this subdivision per year. 2. The council may grant a temporary or permanent exemption to an individual who is a resident of this state that authorizes the individual to provide interpretation services for a period specified by the council or for persons specified by the council.
(2) License required. (a) Except as provided in pars. (b) and (c) , no person may, for compensation, provide sign language interpretation services for a client unless the person is licensed by the department under sub. (3) . (b) No license is required under this subsection for any of the following: 2. A person interpreting at any school or school-sponsored event if the person is licensed by the department of public instruction as an educational interpreter. 3. A person interpreting at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This subdivision does not apply to a person interpreting for a religious organization at a professional service provided or sponsored by the religious organization. 4. A support service provider interpreting for the purpose of facilitating communication between an individual who provides interpretation services and a client of the individual. 5. A person who, in the course of the person's employment, provides interpretation services during an emergency unless the interpretation services are provided during a period that exceeds 24 hours. (c) 1. The department may grant, on a case-by-case basis, a temporary exemption from the licensure requirement under par. (a) to an individual applying for a temporary exemption, subject to the following: a. An individual's application for a temporary exemption under this subdivision shall be in writing, shall describe the reasons why the individual cannot obtain a license under sub. (3) and describe any professional credential the individual does possess, and shall specify the dates the individual intends to provide sign language interpretation services. b. The department shall approve or deny a temporary exemption under this subdivision within 10 business days after receiving the application. 2. The department may grant, on a case-by-case basis after receiving advice from the committee, a permanent exemption from the licensure requirement under par. (a) to an individual applying for a permanent exemption, subject to the following: a. An individual's application for a permanent exemption under this subdivision shall describe the reasons why the individual cannot obtain a license under sub. (3) . b. If the applicant for a permanent exemption will be providing sign language interpretations services to a single client only, the individual's application shall identify that client.
(3) Licensure requirements.
(a) Renewable licenses.
1. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a) , and submits evidence satisfactory to the department that the applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation, and the applicant has one of the following:
a. Any valid certification granted by the Registry of Interpreters for the Deaf, Inc., or its successor.
b. A valid certification level 3, 4, or 5 granted by the National Association of the Deaf or its successor.
c. Any valid certification granted by any other organization that the department determines is substantially equivalent to a certification specified in subd. 1. a. or b.
2. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department and pays the fee determined by the department under s. 440.03 (9) (a) , if the applicant has a certification specified in subd. 1. a. and if the applicant provides to the department satisfactory evidence of a diagnosis by a physician that the applicant is deaf or hard of hearing.
3. The department shall grant a license as a sign language interpreter to an applicant who has not received an associate degree in sign language interpretation or a certificate of completion of an education and training program regarding such interpretation, but who otherwise satisfies the requirements in subd. 1. (intro.) , if, within 24 months after establishing residency in the state, the applicant provides evidence satisfactory to the department that the applicant holds one of the certifications specified in subd. 1. a. , b. , or c. , that the applicant obtained the certification prior to establishing residency in the state, and that the applicant held the certification at the time the applicant established residency in the state.
(b) Restricted licenses.
1. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a) , and submits evidence satisfactory to the department of all of the following:
a. The applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation.
b. The applicant is verified by the Wisconsin interpreting and transliterating assessment at level 2 or higher in both interpreting and transliterating.
c. The applicant has passed the written examination administered by the Registry of Interpreters for the Deaf, Inc., or its successor.
d. The applicant is an associate or student member of the Registry of Interpreters for the Deaf, Inc., or its successor.
2. The department shall grant a restricted license as a sign language interpreter, authorizing the holder to provide interpretation services only under the supervision of an interpreter licensed under par. (a) , to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a) , and submits evidence satisfactory to the department of all of the following:
a. The applicant has been diagnosed by a physician as deaf or hard of hearing.
b. The applicant has completed 8 hours of training sponsored by the Registry of Interpreters for the Deaf, Inc., or its successor, on the role and function of deaf interpreters.
c. The applicant has completed 8 hours of training sponsored by the Registry of Interpreters for the Deaf, Inc., or its successor, on professional ethics.
d. The applicant has obtained letters of recommendation from at least 3 individuals who have held national certification for at least 5 years and who are members in good standing of the Registry of Interpreters for the Deaf, Inc., or its successor, if the letters together document that the applicant has completed at least 40 hours of mentoring, including at least 20 hours observing professional work and at least 10 hours observing certified deaf interpreters.
e. The applicant has completed at least 40 hours of training consisting of workshops sponsored by the Registry of Interpreters for the Deaf, Inc., or its successor, or other relevant courses.
f. The applicant is an associate or student member of the Registry of Interpreters for the Deaf, Inc., or its successor.
g. The applicant has a high school diploma or an equivalent.
3. A license granted under subd. 1. or 2. may be renewed twice and is not valid upon the expiration of the 2nd renewal period.
(4) Notification required. A person who is licensed under sub. (3) shall notify the department in writing within 30 days if the person's certification or membership specified in sub. (3) that is required for the license is revoked or invalidated. The department shall revoke a license granted under sub. (3) if such a certification or membership is revoked or invalidated.
(3) Licensure requirements.
(c) Sign language interpreter—intermediate hearing licenses. The department shall grant a sign language interpreter—intermediate hearing license to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a) , and satisfies any of the following:
1. The applicant satisfies all of the following:
a. The applicant has received at least an associate degree in sign language interpretation, or an equivalent degree, as determined by the department after receiving advice from the committee.
b. The applicant provides evidence satisfactory to the department that the applicant has successfully completed an interpreter training program.
c. The applicant has passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or its successor, or the applicant has passed a substantially equivalent examination, as determined by the department after receiving advice from the committee.
2. The applicant satisfies all of the following:
a. The applicant earned an associate degree in sign language interpretation before July 19, 2019.
b. The applicant has passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or its successor, or the applicant has passed a substantially equivalent examination, as determined by the department after receiving advice from the committee.
3. The applicant satisfies all of the following:
a. Before July 19, 2019, the applicant passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or its successor, or before July 19, 2019, the applicant passed a substantially equivalent examination, as determined by the department after receiving advice from the committee.
b. The department approves the applicant's licensure after review of all of the circumstances and receiving advice from the committee.
(d) Sign language interpreter— advanced hearing licenses. The department shall grant a sign language interpreter—advanced hearing license to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a) , and satisfies any of the following:
1. The applicant satisfies all of the following:
a. The applicant has received at least an associate degree in sign language interpretation, or an equivalent degree as determined by the department after receiving advice from the committee.
b. The applicant provides evidence satisfactory to the department that the applicant has successfully completed an interpreter training program.
c. The applicant has passed the advanced or master performance examination of and is certified by the Board for Evaluation of Interpreters, or its successor; the applicant has passed the examination for and holds the national interpreter certification issued by the Registry of Interpreters for the Deaf, Inc., or its successor; or the applicant has passed a substantially equivalent examination, as determined by the department after receiving advice from the committee.
2. The applicant was issued before July 19, 2019, and maintains in good standing any of the following:
a. The national interpreter certification (NIC), advanced or master level national interpreter certification (NIC-Advanced or NIC-Master), certificate of interpretation (CI), certificate of transliteration (CT), comprehensive skills certificate (CSC), master comprehensive skills certificate (MCSC), interpretation certificate (IC), or transliteration certificate (TC), issued by the Registry of Interpreters for the Deaf, Inc., or its successor.
b. The National Association of the Deaf III, IV, or V certification.
c. The advanced or master certification of the Board for Evaluation of Interpreters or its successor.
(e) Sign language interpreter— intermediate deaf licenses. The department shall grant a sign language interpreter—intermediate deaf license to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a) , and satisfies all of the following:
1. The applicant holds a high school diploma or its equivalent, as determined by the department after receiving advice from the committee.
2. The applicant submits evidence satisfactory to the department of the applicant's successful completion of at least 40 hours of a deaf interpreter training curriculum approved by the department after receiving advice from the committee.
3. The applicant submits evidence satisfactory to the department of the applicant's successful completion of at least 16 hours of sign language interpretation services-related training approved by the Registry of Interpreters for the Deaf, Inc., or its successor or the Board for Evaluation of Interpreters or its successor, or substantially equivalent training, as determined by the department after receiving advice from the committee.
4. The applicant submits evidence satisfactory to the department of the applicant's successful completion of American sign language linguistics I and II or substantially equivalent coursework, as determined by the department after receiving advice from the committee.
5. The applicant provides to the department letters of recommendation satisfactory to the department from at least 2 individuals who hold a sign language interpreter—advanced deaf license, a certified deaf interpreter certification issued by the Registry of Interpreters for the Deaf, Inc., or its successor, or an equivalent certification, as determined by the department after receiving advice from the committee. Taken in the aggregate, the letters of recommendation shall verify that the applicant has successfully completed at least 25 hours of observing sign language interpretation services provided to clients.
(f) Sign language interpreter— advanced deaf licenses. The department shall grant a sign language interpreter—advanced deaf license to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a) , and satisfies all of the following:
1. The applicant holds at least an associate degree or satisfies an alternate pathway for education, as determined by the department after receiving advice from the committee.
2. The applicant holds a certified deaf interpreter certification issued by the Registry of Interpreters for the Deaf, Inc., or its successor or an equivalent certification, as determined by the department after receiving advice from the committee.
(3m) Exam administration in Wisconsin. The department of health services shall administer in this state the performance examinations of the Board for Evaluation of Interpreters or its successor, unless the department of safety and professional services approves another administrator of the examinations.
(4) Notification required. A person who is licensed under sub. (3) shall notify the department in writing within 30 days if the person's certification or membership specified in sub. (3) that is required for the license is revoked or invalidated. The department shall revoke a license granted under sub. (3) if such a certification or membership is revoked or invalidated.
(6) Council. The council shall do all of the following:
(a) Make recommendations to the department regarding the promulgation of rules establishing a code of ethics that governs the professional conduct of persons licensed under sub. (3) .
(b) Advise the department regarding the promulgation and implementation of rules regarding the practice of sign language interpreters.
(c) Advise the legislature regarding legislation affecting sign language interpreters.
(d) Promulgate rules establishing a process and criteria for granting exemptions under sub. (2) (c) 2.
(e) Assist the department in alerting sign language interpreters and the deaf community in this state to changes in the law affecting the practice of sign language interpreters.
(7) Rule making.
(a) The department may not promulgate rules that impose requirements for granting a license that are in addition to the requirements specified in sub. (3) .
(b) After considering the recommendations of the council, the department shall promulgate rules that establish a code of ethics that governs the professional conduct of persons licensed under sub. (3) . In promulgating rules under this paragraph, the department shall consider including as part or all of the rules part or all of the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor. The department shall periodically review the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor, and, if appropriate, revise the rules promulgated under this paragraph to reflect revisions to that code of ethics.
(8) Disciplinary proceedings and actions. Subject to the rules promulgated under s. 440.03 (1) , the department may make investigations and conduct hearings to determine whether a violation of this section or any rule promulgated under this section has occurred and may reprimand a person who is licensed under sub. (3) or may deny, limit, suspend, or revoke a license granted under sub. (3) if it finds that the applicant or licensee has violated this section or any rule promulgated under this section.
(9) Penalty. A person who violates this section or any rule promulgated under this section may be fined not more than $200 or imprisoned for not more than 6 months or both.
(4m) Scope of licenses. The department, after receiving advice from the committee, may promulgate rules defining the scope of practice of each license granted under sub. (3) , subject to the following:
(a) Sign language interpreter— intermediate hearing.
1. Subject to subd. 2. , a sign language interpreter—intermediate hearing licensee may not provide sign language interpretation services to clients in any medical setting, as determined by the department after receiving advice from the committee, unless he or she is team interpreting with a sign language interpreter—advanced hearing or sign language interpreter—advanced deaf licensee.
2. A sign language interpreter—intermediate hearing licensee may not provide sign language interpretation services to a client in any legal setting or setting related to treatment, as defined in s. 51.01 (17) , involving mental health, as determined by the department after receiving advice from the committee.
(b) Interpretation in legal settings. No sign language interpreter—advanced hearing, sign language interpreter—intermediate deaf, or sign language interpreter—advanced deaf licensee may provide sign language interpretation services to a client in any legal setting, as determined by the department after receiving advice from the committee, unless he or she is also authorized, including under a provisional status, by the supreme court to act as a qualified interpreter in court proceedings under s. 885.38 (2) .
(c) Interpretation in mental health settings.
1. No sign language interpreter—intermediate deaf licensee may provide sign language interpretation services to a client in any setting related to treatment, as defined in s. 51.01 (17) , involving mental health, as determined by the department after receiving advice from the committee.
2. Beginning on September 1, 2023, no sign language interpreter—advanced hearing or sign language interpreter—advanced deaf licensee may provide sign language interpretation services to a client in any setting related to treatment, as defined in s. 51.01 (17) , involving mental health, as determined by the department after receiving advice from the committee, unless the licensee satisfies requirements established by the department by rule after receiving advice from the committee.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.