SIGN LANGUAGE INTERPRETER AND TRANSLITERATOR STATE REGISTRATION ACT -
 ENACTMENT
 Act of Jul. 2, 2004, P.L. 492, No. 57 Cl. 63
 TABLE OF CONTENTS
 
 Section 1. Short title.
 Section 2. Definitions.
 Section 3. Office responsibilities.
 Section 4. State registration required.
 Section 5. State registration.
 Section 6. Change of personal information.
 Section 7. Confidential communications.
 Section 8. Registration violations.
 Section 9. Suspension, denial, nonrenewal or revocation of
 State registration.
 Section 10. Appeals.
 Section 11. Effect of an order.
 Section 12. Injunctive relief.
 Section 13. Applicability.
 Section 14. Effective date.
 Section 1. Short title.
 This act shall be known and may be cited as the Sign Language
 Interpreter and Transliterator State Registration Act.
 Section 2. Definitions.
 The following words and phrases when used in this act shall
 have the meanings given to them in this section unless the
 context clearly indicates otherwise:
 "Applicant." An individual who applies for State
 registration in accordance with section 5.
 "Department." The Department of Labor and Industry of the
 Commonwealth.
 "EIPA." The Educational Interpreter Performance Assessment
 Examination administered by the Department of Education or its
 agent.
 "Interpreting." The process of conveying English in
 grammatically correct American Sign Language and the process of
 conveying American Sign Language in English.
 "Office." The Office for the Deaf and Hard of Hearing within
 the Department of Labor and Industry.
 "Qualified sign language interpreter." An individual
 registered under this act who engages in sign language
 interpretation.
 "Qualified transliterator." An individual registered under
 this act who engages in transliteration.
 "Registrant." An individual registered under this act as
 either a qualified sign language interpreter or a qualified
 transliterator.
 "Sign language interpreter." An individual who provides
 individuals who are deaf and hard of hearing with interpreting
 or transliterating services.
 "Transliterating." The process of conveying a spoken message
 from a person who hears to a person who is deaf or hard of
 hearing and the ability to repeat the message and intent of the
 speech, mouth movements or English-based signed system of the
 person who is deaf or hard of hearing.
 Section 3. Office responsibilities.
 The office shall do all of the following:
 (1) Administer this act.
 (2) Register applicants in accordance with section 5.
 (3) Maintain a list of all registrants and make the list
 available upon request to the public and to Federal, State
 and local agencies.
 (4) Promulgate regulations necessary to carry out the
 provisions of this act.
 Section 4. State registration required.
 (a) General rule.--Except as provided in subsection (b), no
 individual may provide or offer to provide sign language
 interpreting or transliterating services, or hold himself as a
 qualified sign language interpreter or qualified transliterator
 or, use a similar title or designation, without being State-
 registered by the office in accordance with this act.
 (b) Exceptions.--The following individuals are exempt from
 the State registration requirements of subsection (a):
 (1) An individual engaged in interpreting or
 transliterating at a worship service conducted by a religious
 entity and services for educational purposes for a religious
 entity or religiously affiliated school.
 (2) An individual engaged in sign language interpreting
 or transliterating during an emergency, when a delay in
 obtaining a State-registered interpreter or State-registered
 transliterator might lead to injury or loss to the individual
 requiring the services.
 (3) An individual engaged in interpreting or
  transliterating as part of a supervised internship or
 practicum at an accredited college or university or the
 registry of interpreters for the deaf or the National
 Association of the Deaf, provided it is not in a legal,
 medical or mental health setting.
 (4) An individual who is certified by the National
 Association of the Deaf or the Registry of Interpreters for
 the Deaf from outside the Commonwealth who provides
 interpreting or translitering services in the Commonwealth
 for a period not exceeding 14 days each calendar year.
 (5) An individual engaged in interpreting or
 transliterating at the request of an individual who is deaf
 or hard of hearing if the individual informs the client that
 the individual is not registered under this act.
 (6) An individual who engages in interpreting or
 transliterating strictly as a volunteer.
 (7) An individual who engages in interpreting or
 transliterating for a school-related activity in accordance
 with all of the following:
 (i) The individual is employed in a public or
 private elementary or secondary school or institution
  chartered by the Commonwealth.
 (ii) The individual received a rating equal to or
 exceeding 70% on the EIPA. A school district shall
 determine the EIPA by grade level of the child or class
 to which the interpreter is assigned and the sign system
 being used by the class or school.
 (8) An individual engaged in interpreting or
 transliterating in a physician's office, provided that a
 patient is informed that the individual is not registered
 under this act and that the patient has the right to request
 or provide a State-registered interpreter.
 (c) Unlawful practice.--An individual who violates this
 section commits a summary offense and shall, upon conviction, be
 sentenced to pay a fine not to exceed $300 or to imprisonment
 for not more than 90 days, or both, for a first violation. An
 individual who is convicted of a subsequent violation of this
 section commits a misdemeanor of the third degree and shall be
 sentenced to pay a fine of not less than $300 nor more than
 $1,000 or to serve a term of imprisonment for not more than 90
 days, or both.
 Section 5. State registration.
 (a) Application.--An individual may apply to the office to
 be a State-registered sign language interpreter or
 transliterator.
 (1) The applicant shall submit to the office all of the
 following:
 (i) A completed application.
 (ii) Payment of any required fees.
 (iii) Proof that the applicant has passed an
 examination approved by the office which tests knowledge
 and proficiency in interpreting and transliterating.
 (2) The office shall review each completed application
 and shall issue a sign language interpreter registration to
 the applicant when the office is satisfied that all of the
 following criteria have been met:
  (i) The applicant is 18 years of age or older.
 (ii) The applicant has passed the examination
 required by subsection (a).
 (iii) The applicant has paid all applicable fees
 established pursuant to this act.
 (iv) The applicant possesses the general fitness,
 competence and reliability sufficient to satisfy the
 office that the applicant is worthy of the State
 registration.
 (v) Other criteria as the office may establish by
 regulation.
 (b) Registration.--A sign language interpreter State
 registration issued by the office shall be:
 (1) Issued only in the name of the applicant.
 (2)  Issued in paper or electronic form.
 (3) Nontransferable.
 (4) Issued for a period not to exceed two years.
 (c) Renewal.--A registrant may renew a State registration by
 submitting to the office the information required by subsection
 (a) and any applicable fees.
 (d) Fees.--The fee for State registration or renewal of an
 existing State registration shall, until modified by regulation,
 be $100.
 Section 6. Change of personal information.
  A registrant shall notify the office of any change of name or
 mailing address within ten days of the change.
 Section 7. Confidential communications.
 Except as provided by law, a sign language interpreter who
 acquires confidential information while interpreting or
 transliterating may not be required to disclose the information
 in any legal proceeding, trial or investigation before a
 governmental unit without the consent of the individual
 receiving interpreting or transliterating services. The sign
 language interpreter shall hold any legal privilege that the
 individual receiving the services holds.
 Section 8. Registration violations.
 (a) Violations.--The department shall have the authority to
 impose disciplinary or corrective measures or levy civil
 penalties on a registrant for doing any or all of the following:
 (1) obtain a State registration or renewal of a
  registration through fraud, deceit or misrepresentation;
 (2) be convicted of a felony or a crime, in this
 Commonwealth or other jurisdiction, relating to the provision
 of interpreting or transliterating services;
 (3) be the subject of disciplinary or other
 administrative action taken against this registration,
 certification or license to provide interpreting or
 transliterating services in another state by a government
 agency;
  (4) commit fraud, gross negligence or misconduct
 relating to provision of interpreting or transliterating
 services as determined by the office;
 (5) engage in any other misconduct relating to the
 provision of interpreting or transliterating services as
 determined by the office; or
 (6) violate the provisions of this act or the
 regulations pertaining to this act as established by the
 office.
 (b) Procedure.--If the department finds a violation of
 subsection (a), it shall give written notice to the registrant
 specifying the violation or violations found. The department may
 assess an administrative fine not to exceed $500 for each
 violation. In setting the fine, the department shall consider
 the severity of the violation and whether there is a pattern of
 violations.
 Section 9. Suspension, denial, nonrenewal or revocation of
 State registration.
 (a) Action.--Actions relating to violations of this act
 under this section shall be subject to the right of notice,
 hearing and adjudication in accordance with 2 Pa.C.S. (relating
 to administrative law and procedure). When the department is
  empowered to take action for registration violations pursuant to
 this act, the department may:
 (1) Indefinitely suspend, suspend for a term certain,
 refuse to issue, refuse to renew or revoke a State
 registration.
  (2) Issue a public reprimand.
 (3) Require the registrant to take a refresher
 educational course or training.
 (b) Surrender of State registration.--If a registrant's
 State registration has been suspended or revoked, the registrant
 shall return the State registration to the office in the manner
 the office directs. An individual who fails to return a State
 registration in accordance with this subsection commits a
 summary offense.
 (c) Reapplication.--
 (1) An individual whose State registration has been
 suspended may reapply to the office to have it reactivated,
 pursuant to regulations adopted by the office. At a minimum,
 the individual must show compliance with all the terms and
 conditions of the suspension order and shall pay a
 reactivation fee to be established by the office by
 regulation.
 (2) An individual whose State registration has been
 revoked may apply for a State registration in accordance with
 section 5 not earlier than five years after the date the
 previous State registration was revoked.
 Section 10. Appeals.
 An individual aggrieved by a decision of the office may
 appeal the decision of the office to the department. The appeal
 shall be conducted in accordance with 2 Pa.C.S. Ch. 5 Subch. A
 (relating to practice and procedure of Commonwealth agencies).
 Section 11. Effect of an order.
 A decision of the office from which no timely appeal is taken
 to the department or an order of the department from which no
 timely appeal is taken to a court of competent jurisdiction
 shall be a final order and shall be enforceable by a court of
 competent jurisdiction.
 Section 12. Injunctive relief.
 If an individual violates this act, the department or an
 individual receiving interpreting or transliterating services
 may bring an action in a court of competent jurisdiction for an
 injunction or other process restraining or prohibiting the
 person from engaging in the activity. In any proceeding under
 this section, it shall not be necessary to show that an
 individual was individually injured. If the court finds that an
 individual has violated this act, it shall enjoin the individual
 from engaging in the activity until the individual complies with
 this act.
 Section 13. Applicability.
 The provisions of this act shall apply to interpreting or
 transliterating services provided on or after July 1, 2005.
 Section 14. Effective date.
 This act shall take effect in 60 days.