Full Text of HB1277 095th General Assembly
HB1277eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Interpreter for the Deaf Licensure Act of 2007. | 6 |
| Section 5. Purpose. The practice of interpreting for the | 7 |
| deaf in the State of Illinois is hereby declared to affect the | 8 |
| public health, safety, and welfare and to be subject to | 9 |
| regulation in the public interest. It is further declared to be | 10 |
| a matter of public interest and concern that the practice of | 11 |
| interpreting for the deaf merit and receive the confidence of | 12 |
| the public. | 13 |
| The purpose of this Act is to protect and benefit the deaf | 14 |
| and hard of hearing consumers by setting standards of | 15 |
| qualifications, education, training, and experience for those | 16 |
| who represent themselves as interpreters for the deaf and hard | 17 |
| of hearing, to promote high standards of professional | 18 |
| performance for those licensed as interpreters for the deaf, | 19 |
| and to protect the deaf and hard of hearing consumers from | 20 |
| unprofessional conduct by persons licensed to practice. | 21 |
| Section 10. Definitions. In this Act: | 22 |
| "Accepted certificate" means a certificate required for |
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| licensure that is issued by the Commission, National | 2 |
| Association for the Deaf, Registry of Interpreters for the | 3 |
| Deaf, Testing Evaluation and Certification Unit Inc. | 4 |
| (TECUnit), or any other certifying entities authorized by rule. | 5 |
| "American Sign Language (ASL)" means a visual-gestural | 6 |
| language that is recognized and accepted as linguistically | 7 |
| independent from English language and has its own syntax, | 8 |
| rhetoric, and grammar that is recognized, accepted, and used by | 9 |
| many deaf Americans.
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| "Board" means the Board of Interpreters for the Deaf as | 11 |
| established within the Illinois Deaf and Hard of Hearing | 12 |
| Commission. | 13 |
| "Commission" means the Illinois Deaf and Hard of Hearing | 14 |
| Commission. | 15 |
| "Consumer" means any individual with or without a hearing | 16 |
| loss who is the recipient of interpreter services. | 17 |
| "Cued speech" means a phonetically based hand supplement to | 18 |
| speech reading that is independent of all sign language | 19 |
| modalities. It is a system of hand shapes that represents | 20 |
| groups of consonant sounds, combined with hand placements that | 21 |
| represent groups of vowel sounds, used with natural speech to | 22 |
| represent a visual model of spoken language. | 23 |
| "Deaf" means any person who, because of the severity of a | 24 |
| hearing loss, is not able to discriminate speech when spoken in | 25 |
| a normal conversational tone regardless of the use of | 26 |
| amplification devices and whose primary means of receiving |
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| spoken communication is through visual input, including but not | 2 |
| limited to, American Sign Language, speech reading, sign | 3 |
| systems, tactile sign, fingerspelling, reading, or writing. | 4 |
| "Director" means the Director of the Illinois Deaf and Hard | 5 |
| of Hearing Commission. | 6 |
| "Educational interpreter" means any person, including | 7 |
| those with a hearing loss, who provides deaf or hard of hearing | 8 |
| interpreting services in all educational environments under | 9 |
| the regulatory authority of the State Board of Education. | 10 |
| "Hard of hearing" means any person who, because of a | 11 |
| hearing loss, finds hearing difficult, but does not preclude | 12 |
| the understanding of spoken communication through the ear | 13 |
| alone, regardless of the use of amplification devices or | 14 |
| assistive devices, and whose primary means of receiving spoken | 15 |
| communication is through visual or auditory input, including, | 16 |
| but not limited to, assistive devices, speech reading, sign | 17 |
| language, fingerspelling, reading, or writing. | 18 |
| "Hearing" means any person who does not have a hearing | 19 |
| loss. | 20 |
| "Interpreter for the deaf" means any person who offers to | 21 |
| render deaf or hard of hearing interpreting services implying | 22 |
| that he or she is trained and experienced in interpreting for | 23 |
| the deaf and holds a license to practice interpreting for the | 24 |
| deaf in this State. | 25 |
| "Interpreting" means the interpreting or transliterating | 26 |
| of English language concepts to any communication modes of the |
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| deaf or hard of hearing consumer or the interpreting or | 2 |
| transliterating of the communication modes of the deaf and hard | 3 |
| of hearing consumers to English language concepts. | 4 |
| Communication modes include, but are not limited to, American | 5 |
| Sign Language, cued speech, oral, tactile sign, and persons | 6 |
| with language deficient skills. | 7 |
| "Language deficient" means modes of communication used by | 8 |
| deaf individuals who lack crucial language components, | 9 |
| including, but not limited to, vocabulary, language concepts, | 10 |
| expressive skills, language skills, and receptive skills. | 11 |
| "License" or "licensure" means the authorization to | 12 |
| practice interpreting by the Commission under the provisions of | 13 |
| this Act. | 14 |
| "Oral" means the mode of communication having | 15 |
| characteristics of speech, speech reading, and residual | 16 |
| hearing as a primary means of communication using situational | 17 |
| and culturally appropriate gestures, without the use of sign | 18 |
| language. | 19 |
| "Practice of interpreting" means rendering or offering to | 20 |
| render or supervise those who render to individuals, couples, | 21 |
| groups, organizations, institutions, corporations, schools, | 22 |
| government agencies, or the general public any interpreting | 23 |
| service involving the interpreting of any mode of communication | 24 |
| used by a deaf or hard of hearing consumer to English language | 25 |
| concepts or of an English language consumer to a mode of | 26 |
| communication used by a deaf or hard of hearing consumer. |
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| "Tactile sign" means mode of communication, used by deaf | 2 |
| and blind individuals, using any one or a combination of | 3 |
| tactile sign or constricted space signing. | 4 |
| "Transliterating" means the process of conveying a message | 5 |
| from either spoken language into a manually coded language or | 6 |
| from a manually coded language into a spoken language. | 7 |
| Section 15. Licensure requirement. | 8 |
| (a) On or after the date of January 1, 2009, no person | 9 |
| shall practice as an interpreter for the deaf or hold herself | 10 |
| or himself out as being an interpreter for the deaf or render | 11 |
| deaf or hard of hearing interpreting services in this State | 12 |
| unless he or she is licensed in accordance with the provisions | 13 |
| of this Act.
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| (b) The provisions of the Act shall not be construed to | 15 |
| invalidate the requirement that interpreters continue to | 16 |
| register pursuant to the Interpreters for the Deaf Act prior to | 17 |
| the effective date of this Act. | 18 |
| (c) Beginning January 1, 2009, the Commission shall cease | 19 |
| to register interpreters pursuant to the Interpreters for the | 20 |
| Deaf Act. After that date, applicants shall apply for a license | 21 |
| to practice as an interpreter for the deaf and shall meet the | 22 |
| requirements set forth in this Act. | 23 |
| Section 20. Unlicensed practice; violation; administrative | 24 |
| fine. |
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| (a) Any person who practices, offers to practice, attempts | 2 |
| to practice, or holds himself or herself out to practice as an | 3 |
| interpreter for the deaf without being licensed or exempt under | 4 |
| this Act shall, in addition to any other penalty provided by | 5 |
| law, pay an administrative fine to the Commission in an amount | 6 |
| not to exceed $2,500 for each offense as determined by the | 7 |
| Commission. The administrative fine shall be assessed by the | 8 |
| Commission after a hearing is held in accordance with the | 9 |
| provisions set forth in this Act regarding the provision of a | 10 |
| hearing for the discipline of a licensee and shall be deposited | 11 |
| in the Interpreters for the Deaf Fund. | 12 |
| (b) The Commission has the authority and power to | 13 |
| investigate any and all actual, alleged, or suspected | 14 |
| unlicensed activity. | 15 |
| (c) The administrative fine shall be paid within 60 days | 16 |
| after the effective date of the order imposing the | 17 |
| administrative fine. The order shall constitute a judgment and | 18 |
| may be filed and executed in the same manner as any judgment | 19 |
| from any court of record. | 20 |
| Section 25. Exemptions. The following do not constitute | 21 |
| violations of this Act: | 22 |
| (1) Persons interpreting in religious activities. | 23 |
| (2) Persons rendering interpreting services in cases | 24 |
| of emergency, as provided in the Good Samaritan Act. | 25 |
| (3) Persons currently enrolled in a course of study |
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| leading to a certificate or degree in interpreting, | 2 |
| provided that such persons engage only in activities and | 3 |
| services that constitute a part of a supervised course of | 4 |
| study and clearly designate themselves as student, | 5 |
| trainee, or intern. | 6 |
| (4) Persons working as an educational interpreter in | 7 |
| compliance with the rules established by the State Board of | 8 |
| Education. | 9 |
| (5) Persons interpreting pro bono where circumstances | 10 |
| do not allow for the fulfillment of the requirements for | 11 |
| licensure under this Act and where the services of a | 12 |
| qualified interpreter are not required under State or | 13 |
| federal law, including, but not limited to, the Illinois | 14 |
| Human Rights Act, the federal Americans with Disabilities | 15 |
| Act, Section 504 of the federal Rehabilitation Act of 1973, | 16 |
| or the regulations adopted under those Acts. | 17 |
| Section 30. Application for licensure. | 18 |
| (a) An application for licensure as an interpreter for the | 19 |
| deaf shall be made to the Commission on forms prescribed by the | 20 |
| Commission and accompanied by the appropriate documentation | 21 |
| and the required non-refundable fee. All applications shall | 22 |
| contain information that, in the judgment of the Commission, | 23 |
| shall enable the Commission to determine an applicant's | 24 |
| qualifications. | 25 |
| (b) Applicants have one year from the date the application |
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| is initially submitted to the Commission to complete the | 2 |
| application process. If the process has not been completed in | 3 |
| the one-year period, the application shall be denied and the | 4 |
| fee forfeited and the applicant must reapply and meet the | 5 |
| requirements in effect at the time of application. | 6 |
| (c) A license shall not be denied to an applicant because | 7 |
| of the applicant's race, religion, creed, national origin, | 8 |
| political beliefs or activities, age, sex, sexual orientation, | 9 |
| or physical disability. | 10 |
| Section 35. Examination and evaluation. | 11 |
| (a) The Commission, by rule, may establish a written | 12 |
| examination and performance evaluation of applicants for | 13 |
| licensure as interpreters for the deaf at such times and places | 14 |
| as it may determine. The written examination shall test | 15 |
| knowledge of interpreting and the performance evaluation shall | 16 |
| test the competence and skills of interpreting and | 17 |
| transliterating. | 18 |
| (b) Applicants for examination or evaluation shall pay to | 19 |
| the Commission a fee covering the cost of providing the | 20 |
| examination or evaluation. Failure to appear for the | 21 |
| examination or evaluation on the scheduled date at the time and | 22 |
| place specified shall result in the forfeiture of the | 23 |
| examination or evaluation fee. | 24 |
| Section 40. Social security number. In addition to any |
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| other information required to be contained in the application, | 2 |
| every application for an original, renewal, or restored license | 3 |
| under this Act shall include the applicant's Social Security | 4 |
| Number. | 5 |
| Section 45. Qualifications for licensure. A person shall be | 6 |
| qualified to be licensed as an interpreter for the deaf and the | 7 |
| Commission shall issue a license to an applicant who: | 8 |
| (1) has applied in writing on the prescribed forms and | 9 |
| paid the required fees; | 10 |
| (2) is of good moral character; in determining good | 11 |
| moral character, the Commission may take into | 12 |
| consideration whether the applicant has engaged in conduct | 13 |
| or activities that would constitute grounds for discipline | 14 |
| under Section 110 of this Act; | 15 |
| (3) is an accepted certificate holder; | 16 |
| (4) has high school diploma or equivalent; and | 17 |
| (5) has met any other requirements established by the | 18 |
| Commission by rule. | 19 |
| Section 50. Powers and duties of the Commission. | 20 |
| (a) The Commission shall exercise the powers and duties | 21 |
| prescribed by the Civil Administrative Code of Illinois for the | 22 |
| administration of licensing acts. | 23 |
| (b) The Commission shall adopt rules consistent with the | 24 |
| provisions and purposes of this Act for the administration and |
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| enforcement thereof, and for the payment of fees connected | 2 |
| therewith, and may prescribe forms, which shall be issued in | 3 |
| connection therewith. | 4 |
| (c) The Commission may seek the advice and the expert | 5 |
| knowledge of the Board on any matter relating to the | 6 |
| administration of this Act. | 7 |
| (d) The Commission shall conduct hearings on proceedings to | 8 |
| refuse to issue or renew or to revoke a license or to suspend, | 9 |
| place on probation, censure, or reprimand a person licensed | 10 |
| under this Act. | 11 |
| (e) The Commission may develop, contract, purchase, or | 12 |
| authorize examination and evaluation materials necessary to | 13 |
| license interpreters for the deaf that are cost effective and | 14 |
| accessible. | 15 |
| Section 55. Interpreter Coordinator. The Director may | 16 |
| employ, pursuant to the Personnel Code, an Interpreter | 17 |
| Coordinator and any other necessary staff. The Interpreter | 18 |
| Coordinator shall be a professional interpreter for the deaf | 19 |
| licensed in this State. The Interpreter Coordinator hired | 20 |
| initially must hold an accepted certification and must qualify | 21 |
| for and obtain licensure within 6 months after the effective | 22 |
| date of this Act. All Interpreter Coordinators hired thereafter | 23 |
| must be licensed at the time of hire. The Interpreter | 24 |
| Coordinator shall perform such administrative functions as may | 25 |
| be delegated by the Director. |
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| Section 60. Illinois Board of Interpreters. | 2 |
| (a) The Director shall appoint an Illinois Board of | 3 |
| Interpreters for the Deaf consisting of 7 voting members who | 4 |
| shall serve in an advisory capacity to the Director. The Board | 5 |
| shall be composed of 4 licensed interpreters for the deaf, 3 | 6 |
| deaf or hard of hearing consumers, and the Interpreter | 7 |
| Coordinator who shall serve as a non-voting member. | 8 |
| (b) The Board shall meet no less than 2 times per year and | 9 |
| may hold additional meetings as required in the performance of | 10 |
| its duties. | 11 |
| (c) The members shall be appointed to serve 4-year terms | 12 |
| and shall serve until successors are appointed and qualified, | 13 |
| except that initial appointments shall be staggered with one | 14 |
| member appointed to serve for one year, 2 members appointed to | 15 |
| serve for 2 years, 2 members appointed to serve for 3 years, | 16 |
| and 2 members appointed to serve for 4 years. No member shall | 17 |
| be eligible to serve more than 2 consecutive terms. A vacancy | 18 |
| in the Board shall be filled by appointment by the Director for | 19 |
| the remainder of the unexpired term. Those interpreter members | 20 |
| appointed initially must qualify for and obtain licensure under | 21 |
| this Act within 6 months after the effective date of this Act. | 22 |
| (d) The membership of the Board must reasonably reflect | 23 |
| representation from different geographic areas of the State. | 24 |
| (e) The membership of the Board shall reflect the | 25 |
| differences in certification, experience, education, and |
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| background and knowledge of interpreting for the deaf and | 2 |
| evaluation. | 3 |
| (f) The Director may terminate the appointment of any | 4 |
| member for misconduct, inefficiency, incompetence, or neglect | 5 |
| of his or her official duties. | 6 |
| (g) The Director shall consider the recommendation of the | 7 |
| Board on all matters and questions relating to this Act. | 8 |
| (h) The Board shall annually elect from its membership a | 9 |
| chairperson, vice chairperson, and a secretary. | 10 |
| (i) Members of the Board shall be reimbursed for all | 11 |
| authorized legitimate and necessary expenses incurred in | 12 |
| attending the meetings of the Board. | 13 |
| (j) A majority of the Board members currently appointed | 14 |
| shall constitute a quorum. A vacancy in the membership of the | 15 |
| Board shall not impair the right of a quorum to perform all of | 16 |
| the duties of the Board. | 17 |
| (k) Members shall be immune from suit in any action based | 18 |
| upon any disciplinary proceedings or other acts performed in | 19 |
| good faith as members of the Illinois Board of Interpreters for | 20 |
| the Deaf. | 21 |
| Section 65. Privileged communications. Interpreters for | 22 |
| the deaf licensed under this Act shall be subject to the | 23 |
| provisions concerning privileged communications between | 24 |
| interpreters for the deaf and hard of hearing and consumers set | 25 |
| forth in Section 8-912 of the Code of Civil Procedure. |
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| Section 70. Provisional licensure. The Commission may, at | 2 |
| its discretion, issue a provisional license to an applicant who | 3 |
| has not met all of the requirements for full licensure under | 4 |
| this Act, but has met the requirements for provisional | 5 |
| licensure as established by the Commission. | 6 |
| Provisional licenses must be renewed as set by rule and | 7 |
| shall not be renewed for a period exceeding 2 years. If, at the | 8 |
| end of 2 years, a provisional licensee still does not meet the | 9 |
| requirements for full licensure under this Act, he or she shall | 10 |
| be unable to practice interpreting under this Act until granted | 11 |
| a license by the Commission. | 12 |
| Section 75. Expiration, renewal, and restoration of | 13 |
| license. | 14 |
| (a) The expiration date and renewal period for each license | 15 |
| issued under this Act shall be determined by the Commission and | 16 |
| set by rule. Every holder of a license under this Act may renew | 17 |
| his or her license during the 60-day period preceding the | 18 |
| expiration date thereof upon payment of the required renewal | 19 |
| fees. | 20 |
| (b) Any person who has permitted his or her license to | 21 |
| expire or who has had his or her license placed on inactive | 22 |
| status may have his or her license restored by making | 23 |
| application to the Commission and filing proof acceptable to | 24 |
| the Commission, as defined by the Commission by rule, of his or |
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| her fitness to have the license restored, if applicable, | 2 |
| including evidence attesting to active practice in another | 3 |
| jurisdiction satisfactory to the Commission and by paying the | 4 |
| required restoration fee. | 5 |
| (c) If an interpreter for the deaf has not maintained an | 6 |
| active practice in another jurisdiction satisfactory to the | 7 |
| Commission, the Commission shall determine his or her fitness | 8 |
| to resume active status and may require satisfactory evaluation | 9 |
| of skills. | 10 |
| (d) Any interpreter for the deaf whose license expires | 11 |
| while he or she is (i) in federal service on active duty with | 12 |
| the Armed Forces of the United States, or the State Militia | 13 |
| called into service or training, or (ii) in training or | 14 |
| education under the supervision of the United States | 15 |
| preliminary to induction into the military service, may have | 16 |
| his or her license renewed or restored without paying any | 17 |
| lapsed renewal fees if, within 2 years after honorable | 18 |
| termination of such service, training, or education, and he or | 19 |
| she furnishes the Commission with satisfactory evidence to the | 20 |
| effect that he or she has been so engaged. | 21 |
| (e) Any licensee who practices interpreting while his or | 22 |
| her license is expired shall be considered to be practicing | 23 |
| without a license, which constitutes grounds for discipline | 24 |
| under this Act. | 25 |
| Section 80. Inactive status. |
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| (a) Any interpreter for the deaf who notifies the | 2 |
| Commission, on forms prescribed by the Commission, may place | 3 |
| his or her license on inactive status and shall be exempt from | 4 |
| payment of renewal fees until he or she notifies the | 5 |
| Commission, in writing, of the intention to restore his or her | 6 |
| license, pays the current renewal fee, and demonstrates | 7 |
| compliance with any requisite continuing education. | 8 |
| (b) Any interpreter for the deaf requesting restoration | 9 |
| from inactive status must pay the current renewal fee and | 10 |
| restore his or her license as provided in Section 75 of this | 11 |
| Act. | 12 |
| (c) Any interpreter for the deaf whose license is placed on | 13 |
| inactive status shall not practice in this State. Any licensee | 14 |
| who practices interpreting while his or her license is placed | 15 |
| on inactive status shall be considered to be practicing without | 16 |
| a license, which constitutes grounds for discipline under this | 17 |
| Act. | 18 |
| Section 85. Continuing education. The Commission may adopt | 19 |
| rules of continuing education for persons licensed under this | 20 |
| Act. These rules shall be consistent with the requirements of | 21 |
| relevant professional associations and training programs and | 22 |
| address variances for illness or hardship. In establishing | 23 |
| these rules, the Commission may consider continuing education | 24 |
| requirements as a condition of membership in organizations in | 25 |
| order to assure that licensees are given the opportunity to |
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| participate in those programs sponsored by or through the | 2 |
| professional associations or interpreter training programs | 3 |
| that are relevant to their practice. | 4 |
| The Commission shall establish by rule a means for | 5 |
| verifying the completion of the continuing education required | 6 |
| by this Section. This verification may be accomplished through | 7 |
| audits of records maintained by licensees, the filing of | 8 |
| continuing education certificates with the Commission, or any | 9 |
| other means established by the Commission. | 10 |
| Section 90. Roster. The Commission shall maintain a list of | 11 |
| licensed interpreters for the deaf authorized to practice in | 12 |
| the State. The list shall show the name of every licensee, type | 13 |
| of certification, county, areas of specialty, and a form of | 14 |
| contact. This list shall be available for public distribution | 15 |
| upon request and payment of the required fee. | 16 |
| The Commission shall maintain rosters of the names of all | 17 |
| persons whose licenses have been suspended, revoked, or denied | 18 |
| renewal for cause within the previous calendar year. This list | 19 |
| shall be available for public distribution upon request and | 20 |
| payment of the required fee. | 21 |
| Section 95. Fees. The Commission may charge fees for the | 22 |
| administration and enforcement of this Act, including, but not | 23 |
| limited to, application, administration of an examination or | 24 |
| evaluation, licensure renewal and restoration, and provision |
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| of duplicate licenses. The fees shall be in an amount | 2 |
| sufficient to cover the cost of the licensure program and shall | 3 |
| be set by rule. | 4 |
| Section 100. Checks or order dishonored. Any person who | 5 |
| delivers a check or other payment to the Commission that is | 6 |
| returned to the Commission unpaid by the financial institution | 7 |
| upon which it is drawn shall pay to the Commission, in addition | 8 |
| to the amount already owed to the Commission, a fine of $50. If | 9 |
| the check or other payment was for a renewal or issuance fee | 10 |
| and that person practices without paying the renewal fee or | 11 |
| issuance fee and the fine due, an additional fine of $100 shall | 12 |
| be imposed. The fines imposed by this Section are in addition | 13 |
| to any other discipline provided under this Act for unlicensed | 14 |
| practice or practice on a nonrenewed license. The Commission | 15 |
| shall notify the person that payment of fees and fines shall be | 16 |
| paid to the Commission by certified check or money order within | 17 |
| 30 calendar days after the notification. If, after the | 18 |
| expiration of 30 days from the date of the notification, the | 19 |
| person has failed to submit the necessary remittance, the | 20 |
| Commission shall automatically terminate the license or deny | 21 |
| the application, without hearing. If, after termination or | 22 |
| denial, the person seeks a license, he or she shall apply to | 23 |
| the Commission for restoration or issuance of the license and | 24 |
| pay all fees and fines due to the Commission. The Commission | 25 |
| may establish a fee for the processing of an application for |
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| restoration of a license to pay all expenses of processing the | 2 |
| application. The Director may waive the fines due under this | 3 |
| Section in individual cases where the Director finds that the | 4 |
| fines would be unreasonable or unnecessarily burdensome. | 5 |
| Section 105. Interpreters for the Deaf Fund. The moneys | 6 |
| received as fees and fines by the Commission under this Act | 7 |
| shall be deposited in the Interpreters for the Deaf Fund, which | 8 |
| is hereby created as a special fund in the State treasury, and | 9 |
| shall be used only for the administration and enforcement of | 10 |
| this Act, including (i) for costs directly related to the | 11 |
| regulating of persons under this Act, (ii) by the Board and | 12 |
| Commission in the exercise of its powers and performance of its | 13 |
| duties, and (iii) for direct and allocable indirect cost | 14 |
| related to the public purposes of the Commission. All moneys | 15 |
| deposited in the Fund shall be appropriated to the Commission | 16 |
| for expenses of the Commission and the Board in the | 17 |
| administration and enforcement of this Act. Moneys in the Fund | 18 |
| may be invested and reinvested, with all earnings deposited in | 19 |
| the Fund and used for the purposes set forth in this Act. The | 20 |
| Fund shall comply with the Illinois State Auditing Act. | 21 |
| Section 110. Grounds for disciplinary action. | 22 |
| (a) The Commission may refuse to issue, refuse to renew, | 23 |
| suspend, or revoke any license, or may place on probation, | 24 |
| censure, reprimand, or take other disciplinary action deemed |
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| appropriate by the Commission, including the imposition of | 2 |
| administrative fines not to exceed $2,500 for each violation, | 3 |
| with regard to any license issued under the provisions of this | 4 |
| Act for any one or more of the following reasons: | 5 |
| (1) Material deception in furnishing information to | 6 |
| the Commission. | 7 |
| (2) Violations or negligent or intentional disregard | 8 |
| of any provision of this Act or its rules. | 9 |
| (3) Conviction of any crime under the laws of any | 10 |
| jurisdiction of the United States that is a felony or a | 11 |
| misdemeanor, an essential element of which is dishonesty, | 12 |
| or of any crime that is directly related to the practice of | 13 |
| the profession. | 14 |
| (4) A pattern of practice or other behavior that | 15 |
| demonstrates incapacity or incompetence to practice under | 16 |
| this Act. | 17 |
| (5) Knowingly aiding or assisting another person in | 18 |
| violating any provision of this Act or rules adopted | 19 |
| thereunder. | 20 |
| (6) Failing, within 60 days, to provide a response to a | 21 |
| request for information in response to a written request | 22 |
| made by the Commission by certified mail. | 23 |
| (7) Engaging in dishonorable, unethical, or | 24 |
| unprofessional conduct of a character likely to deceive, | 25 |
| defraud, or harm the public. | 26 |
| (8) Conviction for the unlawful sale or distribution of |
|
|
|
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| 1 |
| any drug, narcotic, or prescription device, or unlawful | 2 |
| conversion of any drug, narcotic, or prescription device. | 3 |
| (9) Being under the influence or habitual use of or | 4 |
| addiction to alcohol, narcotics, stimulants, or any other | 5 |
| chemical agent or drug, which results in a licensee's | 6 |
| inability to practice with reasonable judgment, skill, or | 7 |
| safety. | 8 |
| (10) Discipline by another jurisdiction or foreign | 9 |
| nation, if at least one of the grounds for the discipline | 10 |
| is the same or substantially equivalent to those set forth | 11 |
| in this Section. | 12 |
| (11) A finding that the licensee, after having his or | 13 |
| her license placed on probationary status, has violated the | 14 |
| terms of probation. | 15 |
| (12) Being named as a perpetrator in an indicated | 16 |
| report by the Department of Children and Family Services | 17 |
| and under the Abused and Neglected Child Reporting Act, and | 18 |
| upon proof by clear and convincing evidence that the | 19 |
| licensee has caused a child to be an abused child or | 20 |
| neglected child as defined in the Abused and Neglected | 21 |
| Child Reporting Act. | 22 |
| (13) Gross negligence in the practice of interpreting. | 23 |
| (14) Holding oneself out to be a practicing interpreter | 24 |
| for the deaf under any name other than one's own. | 25 |
| (15) Fraud, deceit, or misrepresentation in applying | 26 |
| for or procuring a license under this Act or in connection |
|
|
|
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| 1 |
| with applying for renewal of a license under this Act. | 2 |
| (16) Allowing another person or organization to use the | 3 |
| licensee's license to deceive the public. | 4 |
| (17) Attempting to subvert or cheat on an | 5 |
| interpreter-related examination or evaluation. | 6 |
| (18) Immoral conduct in the commission of an act, such | 7 |
| as sexual abuse, sexual misconduct, or sexual | 8 |
| exploitation, related to the licensee's practice. | 9 |
| (19) Willfully or negligently violating the | 10 |
| confidentiality between an interpreter and client, except | 11 |
| as required by law. | 12 |
| (20) Practicing or attempting to practice interpreting | 13 |
| under a name other than the name listed on the license. | 14 |
| (21) The use of any false, fraudulent, or deceptive | 15 |
| statement in any document connected with the licensee's | 16 |
| practice. | 17 |
| (22) Failure of a licensee to report to the Commission | 18 |
| any adverse final action taken against him or her by | 19 |
| another licensing jurisdiction, any peer review body, any | 20 |
| professional deaf or hard of hearing interpreting | 21 |
| association, any governmental Commission, by law | 22 |
| enforcement Commission, or any court for a deaf or hard of | 23 |
| hearing interpreting liability claim related to acts or | 24 |
| conduct similar to acts or conduct that would constitute | 25 |
| grounds for action as provided in this Section. | 26 |
| (23) Failure of a licensee to report to the Commission |
|
|
|
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|
| 1 |
| surrender by the licensee of his or her license or | 2 |
| authorization to practice interpreting in another state or | 3 |
| jurisdiction or current surrender by the licensee of | 4 |
| membership in any deaf or hard of hearing interpreting | 5 |
| association or society while under disciplinary | 6 |
| investigation by any of those authorities or bodies for | 7 |
| acts or conduct similar to acts or conduct that would | 8 |
| constitute grounds for action as provided by this Section. | 9 |
| (24) Physical illness or injury including, but not | 10 |
| limited to, deterioration through the aging process or loss | 11 |
| of motor skill, mental illness, or disability that results | 12 |
| in the inability to practice the profession with reasonable | 13 |
| judgment, skill, or safety. | 14 |
| (b) The determination by a circuit court that a licensee is | 15 |
| subject to involuntary admission or judicial admission as | 16 |
| provided in the Mental Health and Developmental Disabilities | 17 |
| Code, as amended, operates as an automatic suspension. The | 18 |
| suspension will end only (i) upon a finding by a court that the | 19 |
| patient is no longer subject to involuntary admission or | 20 |
| judicial admission and issues an order so finding and | 21 |
| discharging the patient and (ii) upon the recommendation of the | 22 |
| Board to the Director that the licensee be allowed to resume | 23 |
| his or her practice. | 24 |
| (c) The Commission may refuse to issue or may suspend the | 25 |
| license of any person who fails to file a return, to pay the | 26 |
| tax, penalty, or interest shown in a filed return, or to pay |
|
|
|
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| 1 |
| any final assessment of the tax, penalty, or interest as | 2 |
| required by any tax Act administered by the Illinois Department | 3 |
| of Revenue, until such time as the requirements of any such tax | 4 |
| Act are satisfied. | 5 |
| (d) In enforcing this Section, the Commission, upon a | 6 |
| showing of a possible violation, may compel an individual | 7 |
| licensed under this Act, or who has applied for licensure under | 8 |
| this Act, to submit to a mental or physical examination, or | 9 |
| both, as required by and at the expense of the Commission. The | 10 |
| Commission may order the examining physician to present | 11 |
| testimony concerning the mental or physical examination of the | 12 |
| licensee or applicant. No information shall be excluded by | 13 |
| reason of any common law or statutory privilege relating to | 14 |
| communications between the licensee or applicant and the | 15 |
| examining physician. The Commission shall specifically | 16 |
| designate the examining physicians. The individual to be | 17 |
| examined may have, at his or her own expense, another physician | 18 |
| of his or her choice present during all aspects of this | 19 |
| examination. Failure of an individual to submit to a mental or | 20 |
| physical examination, when directed, shall be grounds for | 21 |
| suspension of his or her license until the individual submits | 22 |
| to the examination if the Commission finds, after notice and | 23 |
| hearing, that the refusal to submit to the examination was | 24 |
| without reasonable cause. | 25 |
| If the Commission finds an individual unable to practice | 26 |
| because of the reasons set forth in this subsection (d), the |
|
|
|
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|
| 1 |
| Commission may require that individual to submit to care, | 2 |
| counseling, or treatment by physicians approved or designated | 3 |
| by the Commission as a condition, term, or restriction for | 4 |
| continued, reinstated, or renewed licensure to practice or, in | 5 |
| lieu of care, counseling, or treatment, the Commission may file | 6 |
| a complaint to immediately suspend, revoke, or otherwise | 7 |
| discipline the license of the individual. An individual whose | 8 |
| license was granted, continued, reinstated, renewed, | 9 |
| disciplined, or supervised subject to such terms, conditions, | 10 |
| or restrictions and who fails to comply with such terms, | 11 |
| conditions, or restrictions, shall be referred to the Director | 12 |
| for a determination as to whether the individual shall have his | 13 |
| or her license suspended immediately, pending a hearing by the | 14 |
| Commission. | 15 |
| In instances in which the Director immediately suspends a | 16 |
| person's license under this subsection (d), a hearing on that | 17 |
| person's license must be convened by the Commission within 15 | 18 |
| days after the suspension and completed without appreciable | 19 |
| delay. The Commission shall have the authority to review the | 20 |
| subject individual's record of treatment and counseling | 21 |
| regarding the impairment to the extent permitted by applicable | 22 |
| State and federal statutes and regulations safeguarding the | 23 |
| confidentiality of medical records. | 24 |
| An individual licensed under this Act and affected under | 25 |
| this subsection (d) shall be afforded an opportunity to | 26 |
| demonstrate to the Commission that he or she can resume |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
|
| 1 |
| practice in compliance with acceptable and prevailing | 2 |
| standards under the provisions of his or her license. | 3 |
| Section 115. Violations; injunction; cease and desist | 4 |
| order. | 5 |
| (a) If any person violates the provisions of this Act, the | 6 |
| Director may, in the name of the People of the State of | 7 |
| Illinois, through the Attorney General, petition for an order | 8 |
| enjoining the violation or for an order enforcing compliance | 9 |
| with this Act. Upon the filing of a verified petition, the | 10 |
| court with appropriate jurisdiction may issue a temporary | 11 |
| restraining order without notice or bond, and may preliminarily | 12 |
| and permanently enjoin the violation. If it is established that | 13 |
| the person has violated or is violating the injunction, the | 14 |
| court may punish the offender for contempt of court. | 15 |
| Proceedings under this Section are in addition to all other | 16 |
| remedies and penalties provided by this Act. | 17 |
| (b) If any person holds himself or herself out as being a | 18 |
| licensed interpreter for the deaf under this Act and is not | 19 |
| licensed to do so, then any licensed interpreter for the deaf, | 20 |
| interested party, or any person injured thereby may petition | 21 |
| for relief as provided in subsection (a) of this Section. | 22 |
| (c) Whenever, in the opinion of the Commission, a person | 23 |
| violates any provision of this Act, the Commission may issue an | 24 |
| order to show cause why an order to cease and desist should not | 25 |
| be entered against that person. The order shall clearly set |
|
|
|
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|
| 1 |
| forth the grounds relied upon by the Commission and shall allow | 2 |
| at least 7 days from the date of the order to file an answer | 3 |
| satisfactory to the Commission. Failure to answer to the | 4 |
| satisfaction of the Commission shall cause an order to cease | 5 |
| and desist to be issued. | 6 |
| Section 120. Investigations; notice and hearing. The | 7 |
| Commission may investigate the actions of any applicant or any | 8 |
| person holding or claiming to hold a license under this Act. | 9 |
| The Commission shall, before revoking, suspending, placing on | 10 |
| probation, reprimanding, or taking any other disciplinary | 11 |
| action under Section 110 of this Act, at least 30 days prior to | 12 |
| the date set for the hearing, (i) notify the accused, in | 13 |
| writing, of any charges made and the time and place for the | 14 |
| hearing, (ii) direct him or her to file a written answer to the | 15 |
| charges with the Commission under oath within 20 days after the | 16 |
| service on him or her of the notice, and (iii) inform the | 17 |
| accused that, if he or she fails to answer, default will be | 18 |
| taken against him or her or that his or her license may be | 19 |
| suspended, revoked, placed on probationary status, or other | 20 |
| disciplinary action taken with regard to the license, including | 21 |
| limiting the scope, nature, or extent of his or her practice, | 22 |
| as the Commission may deem proper. In case the person, after | 23 |
| receiving notice, fails to file an answer, his or her license | 24 |
| may, in the discretion of the Commission, be suspended, | 25 |
| revoked, placed on probationary status, or the Commission may |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
|
| 1 |
| take whatever disciplinary action deemed proper, including | 2 |
| limiting the scope, nature, or extent of the person's practice | 3 |
| or the imposition of a fine, without a hearing, if the act or | 4 |
| acts charged constitute sufficient grounds for such action | 5 |
| under this Act. At the time and place fixed in the notice, the | 6 |
| Director shall proceed to hear the charges and the parties or | 7 |
| their counsel shall be accorded ample opportunity to represent | 8 |
| such statements, testimony, evidence, and argument as may be | 9 |
| pertinent to the charges or to their defense. The Director may | 10 |
| continue the hearing from time to time. | 11 |
| Section 125. Disposition by consent order. Disposition may | 12 |
| be made of any charge by consent order between the Commission | 13 |
| and the licensee. The Board shall be apprised of the consent | 14 |
| order at its next meeting. | 15 |
| Section 130. Record of proceedings; transcript. The | 16 |
| Commission, at its expense, shall preserve a record of all | 17 |
| proceedings at any formal hearing of any case. The notice of | 18 |
| hearing, complaint, and all other documents in the nature of | 19 |
| pleadings and written motions filed in the proceedings, the | 20 |
| transcript of testimony, the report of the Board, the report of | 21 |
| the hearing officer, and the orders of the Commission shall be | 22 |
| the record of the proceedings. | 23 |
| Section 135. Subpoenas; depositions; oaths. The Commission |
|
|
|
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|
| 1 |
| shall have power to subpoena and bring before it any person and | 2 |
| to take testimony either orally or by deposition, or both, with | 3 |
| the same fees and mileage and in the same manner as prescribed | 4 |
| by law in judicial proceedings in civil cases in courts in this | 5 |
| State. The Director, the designated hearing officer, and any | 6 |
| member of the Board shall each have power to administer oaths | 7 |
| to witnesses at any hearings which the Commission is authorized | 8 |
| to conduct and any other oaths authorized in the Act. | 9 |
| Section 140. Compelling testimony. Any circuit court, upon | 10 |
| the application of the Commission, designated hearing officer, | 11 |
| applicant, or licensee against whom proceedings under Section | 12 |
| 110 of the Act are pending, may enter an order requiring the | 13 |
| attendance of witnesses and their testimony and the production | 14 |
| of documents, papers, files, books, and records in connection | 15 |
| with any hearing or investigation. The court may compel | 16 |
| obedience to its order by proceedings for contempt. | 17 |
| Section 145. Findings and recommendations. At the | 18 |
| conclusion of the hearing, the Board shall present to the | 19 |
| Director a written report of its findings of fact, conclusions | 20 |
| of law, and recommendations. The report shall contain a finding | 21 |
| of whether the licensee violated this Act or failed to comply | 22 |
| with the conditions required in this Act. The Board shall | 23 |
| specify the nature of the violation or failure to comply, and | 24 |
| shall make its recommendations to the Director. The report of |
|
|
|
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|
| 1 |
| findings of fact, conclusions of law, and recommendation of the | 2 |
| Board shall be the basis for the Commission's order for refusal | 3 |
| or for the granting of the license. If the Director disagrees | 4 |
| with the recommendations of the Board, the Director may issue | 5 |
| an order in contravention of the Board recommendations. The | 6 |
| Director shall provide a written report to the Board on any | 7 |
| disagreement and shall specify the reasons for the action in | 8 |
| the final order. The finding is not admissible in evidence | 9 |
| against the person in a criminal prosecution brought for the | 10 |
| violation of this Act, but the hearing and findings is not a | 11 |
| bar to a criminal prosecution brought for the violation of this | 12 |
| Act. | 13 |
| Section 150. Appointment of hearing officer. The Director | 14 |
| shall have the authority to appoint any attorney duly licensed | 15 |
| to practice law in the State of Illinois to serve as the | 16 |
| hearing officer in any action for discipline of a license. The | 17 |
| hearing officer shall have full authority to conduct the | 18 |
| hearing. The hearing officer shall report his or her findings | 19 |
| of fact, conclusions of law, and recommendations to the Board | 20 |
| and the Director. The Board shall have 60 days after receipt of | 21 |
| the report to review the report of the hearing officer and to | 22 |
| present its findings of fact, conclusions of law and | 23 |
| recommendations to the Director. If the Board fails to present | 24 |
| its report within the 60-day period, the Director may issue an | 25 |
| order based on the report of the hearing officer. |
|
|
|
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LRB095 09605 RAS 29805 b |
|
| 1 |
| Section 155. Board; rehearing. At the conclusion of the | 2 |
| hearing, a copy of the Board's report shall be served upon the | 3 |
| applicant or licensee by the Commission, either personally or | 4 |
| as provided in this Act for the service of the notice of | 5 |
| hearing. Within 20 days after such service, the applicant or | 6 |
| licensee may present to the Commission a motion in writing for | 7 |
| a rehearing, which shall specify the particular grounds for | 8 |
| rehearing. If no motion for a rehearing is filed, then upon the | 9 |
| expiration of the time specified for filing such a motion, or | 10 |
| if a motion for rehearing is denied, then upon such denial, the | 11 |
| Director may enter an order in accordance with recommendations | 12 |
| of the Board, except as provided in Section 170 of this Act. If | 13 |
| the applicant or licensee requests and pays for a transcript of | 14 |
| the record within the time for filing a motion for rehearing, | 15 |
| the 20-day period within which a motion may be filed shall | 16 |
| commence upon the delivery of the transcript to the applicant | 17 |
| or licensee. | 18 |
| Section 160. Director; rehearing. Whenever the Director | 19 |
| believes justice has not been done in the revocation, | 20 |
| suspension, or refusal to issue or renew a license or the | 21 |
| discipline of a licensee, he or she may order a rehearing. | 22 |
| Section 165. Order or certified copy; prima facie proof. An | 23 |
| order of revocation, suspension, placing the license on |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
|
| 1 |
| probationary status, or other formal disciplinary action as the | 2 |
| Commission may deem proper, or a certified copy thereof, over | 3 |
| the seal of the Commission and purporting to be signed by the | 4 |
| Director, is prima facie proof that: | 5 |
| (1) the signature is the genuine signature of the | 6 |
| Director; | 7 |
| (2) the Director is duly appointed and qualified; and | 8 |
| (3) the Board and the members thereof are qualified to | 9 |
| act. | 10 |
| Section 170. Restoration of suspended or revoked license. | 11 |
| At any time after the suspension or revocation of any license, | 12 |
| the Commission may restore it to the licensee upon the written | 13 |
| recommendation of the Board, unless after an investigation and | 14 |
| hearing the Board determines that restoration is not in the | 15 |
| public interest. | 16 |
| Section 175. Surrender of license. Upon the revocation or | 17 |
| suspension of a license, the licensee shall immediately | 18 |
| surrender his or her license to the Commission. If the licensee | 19 |
| fails to do so, the Commission has the right to seize the | 20 |
| license. | 21 |
| Section 180. Summary suspension of license. The Director | 22 |
| may summarily suspend the license of an interpreter for the | 23 |
| deaf without a hearing, simultaneously with the institution of |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
|
| 1 |
| proceedings for a hearing provided for in Section 110 of this | 2 |
| Act, if the Director finds that evidence in the possession of | 3 |
| the Director indicates that the continuation of practice by the | 4 |
| interpreter for the deaf would constitute an imminent danger to | 5 |
| the public. In the event that the Director summarily suspends | 6 |
| the license of an individual without a hearing, a hearing must | 7 |
| be held within 30 days after the suspension has occurred. | 8 |
| Section 185. Administrative review; venue. | 9 |
| (a) All final administrative decisions of the Commission | 10 |
| are subject to judicial review pursuant to the Administrative | 11 |
| Review Law and its rules. The term "administrative decision" is | 12 |
| defined as in Section 3-101 of the Code of Civil Procedure. | 13 |
| (b) Proceedings for judicial review shall be commenced in | 14 |
| the circuit court of the county in which the party applying for | 15 |
| review resides, but if the party is not a resident of Illinois, | 16 |
| the venue shall be in Sangamon County. | 17 |
| Section 190. Certification of record; costs. The | 18 |
| Commission shall not be required to certify any record to the | 19 |
| court, to file an answer in court, or to otherwise appear in | 20 |
| any court in a judicial review proceeding, unless there is | 21 |
| filed in the court, with the complaint, a receipt from the | 22 |
| Commission acknowledging payment of the costs of furnishing and | 23 |
| certifying the record. Failure on the part of the plaintiff to | 24 |
| file the receipt in court is grounds for dismissal of the |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
|
| 1 |
| action. | 2 |
| Section 195. Offenses and punishment. Unless otherwise | 3 |
| specified, any person found to have violated any provision of | 4 |
| this Act is guilty of a Class A misdemeanor.
| 5 |
| Section 200. Administrative Procedure Act. The Illinois | 6 |
| Administrative Procedure Act is hereby expressly adopted and | 7 |
| incorporated in this Act as if all of the provisions of such | 8 |
| Act were included in this Act. | 9 |
| Section 205. Home rule. The regulation and licensing of the | 10 |
| practice of interpreting are exclusive powers and functions of | 11 |
| the State. A home rule unit may not regulate or license | 12 |
| interpreters for the deaf. This Section is a denial and | 13 |
| limitation of home rule powers and functions under subsection | 14 |
| (h) of Section 6 of Article VII of the Illinois Constitution. | 15 |
| Section 210. Savings provision. | 16 |
| (a) This Act is intended to replace the Interpreters for | 17 |
| the Deaf Act in all respects. | 18 |
| (b) Beginning on January 1, 2009, the rights, powers, and | 19 |
| duties exercised by the Deaf and Hard of Hearing Commission | 20 |
| under the Interpreters for the Deaf Act shall continue to be | 21 |
| vested in, be the obligation of, and shall be exercised by the | 22 |
| Deaf and Hard of Hearing Commission under the provisions of |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
|
| 1 |
| this Act. | 2 |
| (c) This Act does not affect any act done, ratified, or | 3 |
| cancelled, or any right occurring or established, or any action | 4 |
| or proceeding had or commenced in an administrative, civil, or | 5 |
| criminal cause before the effective date of this Act, by the | 6 |
| Deaf and Hard of Hearing Commission under the Interpreters for | 7 |
| the Deaf Act, and those actions or proceedings may be | 8 |
| prosecuted and continued by the Deaf and Hard of Hearing | 9 |
| Commission under this Act. | 10 |
| (d) The rules adopted by the Deaf and Hard of Hearing | 11 |
| Commission relating to the Interpreters for the Deaf Act, | 12 |
| unless inconsistent with the provisions of this Act, are not | 13 |
| affected by this Act, and on the effective date of this Act, | 14 |
| those rules become the rules under this Act. The Deaf and Hard | 15 |
| of Hearing Commission shall, as soon as practicable, adopt new | 16 |
| or amended rules consistent with the provisions of this Act. | 17 |
| Section 900. Severability. The provisions of this Act are | 18 |
| severable under Section 1.31 of the Statute on Statutes.
| 19 |
| Section 905. The Regulatory Sunset Act is amended by adding | 20 |
| Sections 4.19b and 4.28 as follows: | 21 |
| (5 ILCS 80/4.19b new)
| 22 |
| Sec. 4.19b. Act repealed on January 1, 2009. The following | 23 |
| Act is repealed on January 1, 2009: |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
|
| 1 |
| The Interpreters for the Deaf Act. | 2 |
| (5 ILCS 80/4.28 new) | 3 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 4 |
| Act is repealed on January 1, 2018: | 5 |
| The Interpreter for the Deaf Licensure Act of 2007.
| 6 |
| Section 910. The State Finance Act is amended by adding | 7 |
| Section 5.675 as follows: | 8 |
| (30 ILCS 105/5.675 new) | 9 |
| Sec. 5.675. The Interpreters for the Deaf Fund. | 10 |
| Section 915. The Code of Civil Procedure is amended by | 11 |
| changing Section 8-911 and by adding Section 8-912 as follows:
| 12 |
| (735 ILCS 5/8-911) (from Ch. 110, par. 8-911)
| 13 |
| Sec. 8-911. Language interpreter's
Interpreter's
| 14 |
| privilege.
| 15 |
| (a) A "language interpreter"
An "interpreter" is a person | 16 |
| who aids a communication when at least
one party to the | 17 |
| communication has a hearing or speaking impairment or a
| 18 |
| language difficulty.
| 19 |
| (b) If a communication is otherwise privileged, that | 20 |
| underlying
privilege is not waived because of the presence of | 21 |
| the language interpreter.
|
|
|
|
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LRB095 09605 RAS 29805 b |
|
| 1 |
| (c) The language interpreter shall not disclose the | 2 |
| communication without the
express consent of the person who has | 3 |
| the right to claim the underlying
privilege.
| 4 |
| (Source: P.A. 87-409.)
| 5 |
| (735 ILCS 5/8-912 new)
| 6 |
| Sec. 8-912. Interpreter for the deaf and hard of hearing's | 7 |
| privilege.
| 8 |
| (a) An "interpreter for the deaf and hard of hearing" is a | 9 |
| person who aids a communication when at least one party to the | 10 |
| communication has a hearing loss.
| 11 |
| (b) An interpreter for the deaf and hard of hearing who | 12 |
| interprets a conversation between a hearing person and a deaf | 13 |
| person is deemed a conduit for the conversation and may not | 14 |
| disclose or be compelled to disclose by subpoena the contents | 15 |
| of the conversation that he or she facilitated without the | 16 |
| written consent of all persons involved who received his or her | 17 |
| professional services. | 18 |
| (c) All communications that are recognized by law as | 19 |
| privileged shall remain privileged even in cases where an | 20 |
| interpreter for the deaf and hard of hearing is utilized to | 21 |
| facilitate such communications. | 22 |
| (d) Communications may be voluntarily disclosed under the | 23 |
| following circumstances: | 24 |
| (1) the formal reporting, conferring, or consulting | 25 |
| with administrative superiors, colleagues, or consultants |
|
|
|
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LRB095 09605 RAS 29805 b |
|
| 1 |
| who share similar professional responsibility, in which | 2 |
| instance all recipients of such information are similarly | 3 |
| bound to regard the communication as privileged; | 4 |
| (2) a person waives the privilege by bringing any | 5 |
| public charges against an interpreter for the deaf and hard | 6 |
| of hearing, including a person licensed under the | 7 |
| Interpreter for the Deaf Licensure Act of 2007; and | 8 |
| (3) a communication reveals the intended commission of | 9 |
| a crime or harmful act and such disclosure is judged | 10 |
| necessary by the interpreter for the deaf and hard of | 11 |
| hearing to protect any person from a clear, imminent risk | 12 |
| of serious mental or physical harm or injury or to | 13 |
| forestall a serious threat to public safety. | 14 |
| (e) Nothing in this Section shall be construed to prohibit | 15 |
| a person licensed under the Interpreter for the Deaf Licensure | 16 |
| Act of 2007 from voluntarily testifying in court hearings | 17 |
| concerning matters of adoption, child abuse, child neglect, or | 18 |
| other matters pertaining to children, except as provided under | 19 |
| the Abused and Neglected Child Reporting Act.
| 20 |
| Section 920. The Good Samaritan Act is amended by adding | 21 |
| Section 63 as follows: | 22 |
| (745 ILCS 49/63 new)
| 23 |
| Sec. 63. Sign language interpreters; exemption from civil | 24 |
| liability for emergency assistance. Any person who in good |
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HB1277 Engrossed |
- 38 - |
LRB095 09605 RAS 29805 b |
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| 1 |
| faith and without compensation provides sign language | 2 |
| interpreting services to a person in an emergency shall not be | 3 |
| liable for civil damages as a result of his or her acts or | 4 |
| omissions, except for willful or wanton misconduct on the part | 5 |
| of the person in providing the services.
| 6 |
| Section 999. Effective date. This Act takes effect July 1, | 7 |
| 2007.
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