CHAPTER 43-52
INTERPRETERS
43-52-01. Definitions. As used in this chapter, unless the context otherwise requires:
1.
"Consumer" means an individual who is deaf, deaf-blind, speech-impaired,<br>hard-of-hearing, or who requires special communication techniques in order to<br>communicate.
2.
"Interpreter" means an individual who engages in the practice of interpreting.
3.
"Interpreting" means the translating or transliterating of English concepts to any<br>necessary specialized vocabulary used by a consumer or translating of a<br>consumer's specialized vocabulary to English concepts.
Necessary specialized
vocabularies include American sign language, English-based sign language, and<br>oral interpreting.
4.
"Nationally recognized certification" means certification granted by a national<br>organization that is based on a skills assessment of the applicant.
These
organizations include the registry of interpreters for the deaf and the national<br>association of the deaf.
43-52-02. Practice of interpreting. An individual may not practice or represent as an
interpreter for deaf, deaf-blind, speech-impaired, or hard-of-hearing individuals in the state unless<br>the individual holds a valid nationally recognized certification. However, an individual who was<br>practicing as an interpreter in this state before August 1, 2001, has until July 31, 2003, to meet<br>the certification requirement under this section.
43-52-03. Exceptions. This chapter does not prevent or restrict:
1.
A nonresident interpreter working in this state not more than nineteen days per year.
2.
An interpreter working at a religious activity.
3.
An interpreter working as a volunteer without compensation.
4.
An interpreter working in an emergency. An emergency is a situation in which the<br>consumer decides that the length of time needed to obtain a licensed interpreter is<br>likely to cause injury or loss to the consumer.
5.
The activities and services of an interpreter intern or student-in-training enrolled in a<br>program of study in interpreting at an accredited institution of higher learning;<br>interpreting under the supervision of a licensed interpreter as part of a supervised<br>program; and identified as an interpreter intern or student-in-training.
6.
An individual using sign language or a manual communication system as a means<br>of communication with or on behalf of a family member, a deaf individual, a<br>deaf-blind individual, a speech-impaired individual, or hard-of-hearing individual who<br>has specifically requested that use by that individual.
7.
A communication made as a reasonable accommodation for the employment of a<br>deaf, deaf-blind, speech-impaired, or hard-of-hearing individual.
8.
A communication with a deaf, deaf-blind, speech-impaired, or hard-of-hearing<br>individual who could not communicate using American sign language or<br>English-based sign language.
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9.
An individual working in an elementary or secondary school who has successfully<br>completed a three-year educational interpreter certificate program of study or who<br>has passed the educational interpreter performance assessment at a level of 3.5 or<br>higher. The individual may work in the school setting without national certification<br>until August 1, 2005, if the individual is being mentored by a trained mentor who is<br>either a certified interpreter or a deaf adult. To continue working in the school setting<br>after August 1, 2005, the individual must have obtained national certification.
10.
An individual who has successfully completed an accredited interpreter training<br>program from interpreting without certification for a period of up to two years from<br>the date of completion of the program if, during that period, the individual is<br>mentored by a trained mentor who is either a certified interpreter or a deaf adult.
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Document Outline
chapter 43-52 interpreters
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