2005 Nevada Revised Statutes - Chapter 656A — Interpreters and Realtime Captioning Providers

CHAPTER 656A - INTERPRETERS AND REALTIMECAPTIONING PROVIDERS

GENERAL PROVISIONS

NRS 656A.010 Legislativedeclaration.

NRS 656A.020 Definitions.

NRS 656A.025 CommunicationAccess Realtime Translation and realtime captioning defined.

NRS 656A.030 Interpreterdefined.

NRS 656A.040 Personwho is deaf defined.

NRS 656A.050 Personwhose hearing is impaired defined.

NRS 656A.060 Practiceof interpreting defined.

NRS 656A.062 Practiceof realtime captioning defined.

NRS 656A.065 Realtimecaptioning provider defined.

NRS 656A.070 Applicability.

CERTIFICATION OF INTERPRETERS

NRS 656A.100 Qualifications;certification required; exceptions.

PRACTICE OF REALTIME CAPTIONING

NRS 656A.400 Qualifications.

UNLAWFUL ACTS

NRS 656A.800 Prohibitedacts; penalties; action for enforcement.

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GENERAL PROVISIONS

NRS 656A.010 Legislativedeclaration. The practice of interpreting andthe practice of realtime captioning are hereby declared to be learnedprofessions, affecting public health, safety and welfare, and are subject toregulation to protect the general public from the practice of interpreting andthe practice of realtime captioning by unqualified persons.

(Added to NRS by 2001, 1772; A 2005, 965)

NRS 656A.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS656A.030 to 656A.065, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 1771; A 2005, 965)

NRS 656A.025 CommunicationAccess Realtime Translation and realtime captioning defined. Communication Access Realtime Translation and realtimecaptioning mean the immediate, verbatim translation of the spoken word intoEnglish text using a stenographic machine or voice recognition software, and acomputer and realtime captioning software.

(Added to NRS by 2005, 964)

NRS 656A.030 Interpreterdefined. Interpreter means a person who isqualified to engage in the practice of interpreting in this state pursuant to NRS 656A.100.

(Added to NRS by 2001, 1771)

NRS 656A.040 Personwho is deaf defined. Person who is deafmeans a person who is not able to process information aurally and whose primarymeans of communication is visual.

(Added to NRS by 2001, 1771)

NRS 656A.050 Personwhose hearing is impaired defined. Personwhose hearing is impaired means a person:

1. Who has a hearing deficit;

2. Who is able to process information aurally with orwithout the use of a hearing aid or any other device that enhances the abilityof a person to hear; and

3. Whose primary means of communication may be visual.

(Added to NRS by 2001, 1771)

NRS 656A.060 Practiceof interpreting defined. Practice ofinterpreting means the facilitation of communication between persons who aredeaf or whose hearing is impaired and other persons. The term includes, withoutlimitation:

1. Translating spoken language into American SignLanguage or any other visual-gestural system of communication or vice versa;

2. Translating spoken language into a tactile methodof sign language or vice versa;

3. Translating spoken language into an oralinterpretation of the speakers words by enunciating, repeating or rephrasingthose words without using the voice to assist a person who is deaf or whosehearing is impaired in lipreading the information conveyed by the speaker;

4. Translating spoken language into a visualrepresentation of spoken language that:

(a) Uses eight hand shapes to represent groups ofconsonants and the placement of those hand shapes in four positions around theface to indicate groups of vowel sounds; and

(b) Is used in conjunction with lipreading;

5. Translating spoken English into a system of signlanguage that is based on the syntax of the English language or vice versa; and

6. The use of any of the methods of interpreting ortransliterating set forth in subsections 1 to 5, inclusive, by a person who isdeaf or whose hearing is impaired to facilitate communication between anotherperson who is deaf or whose hearing is impaired and an interpreter, or betweentwo or more persons who are deaf or whose hearing is impaired.

(Added to NRS by 2001, 1771)

NRS 656A.062 Practiceof realtime captioning defined. Practice ofrealtime captioning means the facilitation of communication between personswho are deaf or whose hearing is impaired and other persons through the use ofCommunication Access Realtime Translation.

(Added to NRS by 2005, 964)

NRS 656A.065 Realtimecaptioning provider defined. Realtime captioningprovider means a person who is qualified to engage in the practice of realtimecaptioning in this State pursuant to NRS656A.400.

(Added to NRS by 2005, 965)

NRS 656A.070 Applicability. The provisions of this chapter do not apply to a personwho:

1. Is licensed in another state to engage in thepractice of interpreting or the practice of realtime captioning and who engagesin the practice of interpreting or the practice of realtime captioning,respectively, in this State:

(a) For a period of not more than 30 nonconsecutivedays in a calendar year; or

(b) By teleconference if the interpreting services orrealtime captioning services provided by that person are necessary because aninterpreter or realtime captioning provider is unavailable to provide thoseservices in person or by teleconference;

2. Engages in the practice of interpreting or thepractice of realtime captioning solely for meetings of nonprofit civic orreligious organizations;

3. Engages in the practice of interpreting or thepractice of realtime captioning as necessary for the provision of an emergencymedical or governmental service to a person who is deaf or whose hearing isimpaired; or

4. Engages occasionally in the practice ofinterpreting in a social situation that does not require a qualifiedinterpreter pursuant to the provisions of the Americans with Disabilities Actof 1990, 42 U.S.C. 12101 et seq., section 504 of the Rehabilitation Act of1973, 29 U.S.C. 794, or the regulations adopted pursuant to those provisions.

(Added to NRS by 2001, 1772; A 2005, 965)

CERTIFICATION OF INTERPRETERS

NRS 656A.100 Qualifications;certification required; exceptions.

1. Except as otherwise provided in this section, aperson who wishes to engage in the practice of interpreting in this State must:

(a) Be at least 18 years of age;

(b) Have at least a high school diploma or a generalequivalency diploma;

(c) Be capable of providing the type of interpretingservices required for the person who is deaf or whose hearing is impaired; and

(d) Have:

(1) Been issued at least one of the followingcertificates by the Registry of Interpreters for the Deaf or its successororganization:

(I) Master Comprehensive SkillsCertificate;

(II) Comprehensive Skills Certificate;

(III) Certificate of Interpretation;

(IV) Certificate of Transliteration;

(V) Legal Specialist Certificate; or

(VI) Oral Interpreting Certificate;

(2) Been certified by the National Associationof the Deaf or its successor organization as having a level of proficiency inproviding interpreting services at level 3, 4 or 5; or

(3) Passed the Cued Language TransliteratorNational Certification Examination administered by the Testing, Evaluation, andCertification Unit, Inc., or its successor organization and must hold aTransliteration Skills Certificate issued by the Testing, Evaluation, andCertification Unit, Inc., or its successor organization.

2. A person who wishes to engage in the practice ofinterpreting in this State in a legal setting must comply with the requirementsset forth in paragraphs (a), (b) and (c) of subsection 1 and must:

(a) Have been issued at least one of the certificatesset forth in subparagraph (1) of paragraph (d) of subsection 1;

(b) Have been certified by the National Association ofthe Deaf or its successor organization as having a level of proficiency inproviding interpreting services at level 4 or 5; or

(c) Have passed the Cued Language TransliteratorNational Certification Examination administered by the Testing, Evaluation, andCertification Unit, Inc., or its successor organization and must hold aTransliteration Skills Certificate issued by the Testing, Evaluation, andCertification Unit, Inc., or its successor organization.

3. Except as otherwise provided in subsection 4, aperson, including, without limitation, a teacher and a teachers aide, whowishes to engage in the practice of interpreting in this State in a publicschool, including, without limitation, a charter school, or a private schoolmust comply with the requirements set forth in paragraphs (a), (b) and (c) ofsubsection 1 and must:

(a) Comply with the requirements set forth in paragraph(d) of subsection 1; or

(b) Have completed the Educational InterpreterPerformance Assessment administered by the Boys Town National Research Hospitalor its successor organization and received a rating of his level of proficiencyin providing interpreting services at level 4 or 5.

4. A person who has not complied with the requirementsset forth in paragraph (a) or (b) of subsection 3 may engage in the practice ofinterpreting in a public school, including, without limitation, a charterschool, or a private school for not more than 3 years if:

(a) There is a demonstrated shortage of personnel whohave complied with those requirements in the geographic area of this State inwhich the public school or private school is located;

(b) The school district, charter school or privateschool that hires a person pursuant to this subsection has made and continuesto make a good faith effort to recruit and hire persons who have complied withthe requirements set forth in paragraph (a) or (b) of subsection 3;

(c) The shortage of personnel described in paragraph(a) has precluded the school district, charter school or private school fromemploying the number of persons who have complied with the requirements setforth in paragraph (a) or (b) of subsection 3 as is necessary to satisfy thepersonnel requirements of the school district, charter school or privateschool; and

(d) The person hired by the school district, charterschool or private school pursuant to this subsection makes satisfactoryprogress, as determined by the school district, charter school or privateschool, toward complying with the requirements set forth in paragraph (a) or(b) of subsection 3 during the period of his employment.

5. As used in this section:

(a) Charter school has the meaning ascribed to it in NRS 385.007.

(b) Legal setting means:

(1) A communication with a law enforcementofficer, as defined in NRS 179B.070,that relates to a criminal investigation;

(2) A communication with an attorney who isacting in his professional capacity;

(3) A negotiation for a contract for which theestimated amount required to perform the contract is $1,000 or more; or

(4) A judicial proceeding, including, withoutlimitation:

(I) A grand jury proceeding;

(II) A court proceeding;

(III) A pretrial examination, deposition,motion and related proceedings of like character; and

(IV) The proceedings of an administrativeagency.

(c) Public school has the meaning ascribed to it in NRS 385.007.

(d) Private school has the meaning ascribed to it in NRS 394.103.

(Added to NRS by 2001, 1772)

PRACTICE OF REALTIME CAPTIONING

NRS 656A.400 Qualifications. A person who wishes to engage in the practice of realtimecaptioning in this State must:

1. Be at least 18 years of age;

2. Have at least a high school diploma or a generalequivalency diploma;

3. Be capable of providing the type of realtimecaptioning services required for persons who are deaf or whose hearing isimpaired; and

4. Have:

(a) Been certified as a court reporter by the CertifiedCourt Reporters Board of Nevada pursuant to chapter656 of NRS; or

(b) Been issued at least one of the followingcertifications by the National Court Reporters Association or its successororganization:

(1) Registered Professional Reporter;

(2) Certified Communication Access RealtimeTranslation Provider;

(3) Certified Broadcast Captioner; or

(4) Certified Realtime Reporter.

(Added to NRS by 2005, 965)

UNLAWFUL ACTS

NRS 656A.800 Prohibitedacts; penalties; action for enforcement.

1. It is unlawful for a person to:

(a) Engage in the practice of interpreting in thisState;

(b) Hold himself out as certified or qualified toengage in the practice of interpreting in this State; or

(c) Use in connection with his name any title, words,letters or other designation intended to imply or designate that he is aninterpreter,

withoutfirst complying with the requirements set forth in NRS 656A.100.

2. It is unlawful for a person to:

(a) Engage in the practice of realtime captioning inthis State;

(b) Hold himself out as certified or qualified toengage in the practice of realtime captioning in this State; or

(c) Use in connection with his name any title, words,letters or other designation intended to imply or designate that he is arealtime captioning provider,

withoutfirst complying with the requirements set forth in NRS 656A.400.

3. A person who violates the provisions of subsection1 or 2:

(a) Is guilty of a misdemeanor; and

(b) May be assessed a civil penalty of not more than$5,000.

4. An action for the enforcement of a civil penaltyassessed pursuant to this section may be brought in any court of competentjurisdiction by the district attorney of the appropriate county or the AttorneyGeneral.

(Added to NRS by 2001, 1774; A 2005, 966)