Licensure Law/Rules Overview at the 2018 NCRID Conference: Questions & Answers

 

At the "Licensure Law/Rules Overview" workshop at the 2018 NCRID Conference in June, some questions posed were deferred to the NCITLB as they came under the Licensure Board's purview. These questions are in bold below. The NCITLB's responses are indented in regular type below each question. All questions were submitted in writing to the Licensure Board and all questions were submitted exactly as written by the participants.

From the NCITLB:  The following answers are for general informational purposes only. The answers may vary by situation and facts presented. They do not bind or otherwise stop the Board, which may take action different from the answers provided depending upon the facts or circumstances. Additionally, the answers do not constitute legal advice and should not to be relied upon for any specific action.

1. How can you get a rule changed?

Rule changes can be made during a periodic rule review or as needed. The rule making process is outlined by The Office of Administrative Hearings (OAH) and the Rules Review Commission (RRC). All rule changes or additional must go through a process before they can be adopted and must be approved by the Board and the RRC.

2. Explain rule v. law.

Statute/Law: a written law passed by a legislative body. Rule: one of a set of explicit or understood regulations or principles governing conduct within a particular activity or sphere.

3. Is an interpreting agency allowed to use their paid employees on company time and still earn CEUs?

As per the following rule: 21 NCAC 25 .0501 CONTINUING EDUCATION REQUIREMENTS (c) A licensee may not earn CEUs while interpreting, whether or not the licensee is compensated for his or her services. As long as the interpreters are not providing interpreting services while they obtain the CEUs, CEUs can be earned at the licensee’s discretion.

4. There is a new form, Public Disclosure Statement, required in the renewal packet. Can someone explain the purpose of this form? What is it?

On the form it states the following: Required by N.C. Gen. Stat. § 143-764(a)(5), effective December 31, 2017. Note: Pursuant to North Carolina General Statute § 143-765(b):, “An occupational licensing board or commission shall deny the license, permit, or certification application of any applicant who fails to comply with the certification and disclosure requirements of this section.” This General Statute was put into effect by the general assembly and all occupational licensing boards must comply with this.

5. If an interpreter who is not licensed but is getting paid and has a licensed interpreter as a mentor, is that legal in NC?

Pursuant to the statute: § 90D-4.

License required; exemptions.

(a) Except as provided in Chapter 8B of the General Statutes, no person shall practice or offer to practice as an interpreter or transliterator for a fee or other consideration, represent NC General Statutes - Chapter 90D 2 himself or herself as a licensed interpreter or transliterator, or use the title "Licensed Interpreter for the Deaf", "Licensed Transliterator for the Deaf", or any other title or abbreviation to indicate that the person is a licensed interpreter or transliterator unless that person is currently licensed under this Chapter.

(b) The provisions of this Chapter do not apply to:

(1) Persons providing interpreting or transliterating services in religious proceedings.

(2) Persons providing interpreting or transliterating services in mentoring or training programs approved by the Board.

(3) An intern under the supervision of a person licensed under this Chapter to provide interpreting or transliterating services.

(4) Persons providing interpreting or transliterating services in an emergency situation until a licensed interpreter or transliterator can be obtained. An emergency situation is one where the deaf or hard-ofhearing person is in substantial danger of death or irreparable harm if interpreting or transliterating services are not provided immediately.

(5) Educational interpreters or transliterators.

(6) Nonresident persons who are nationally certified providing interpreting or transliterating services in this State no more than 20 days per year in accordance with rules adopted by the Board. (2002-182, s. 1; 2003-56, s. 3; 2005-299, s. 1.) As listed above there is an exemption in the statue that states “Persons providing interpreting or transliterating services in mentoring or training programs approved by the Board” is the only case where interpreting with out a license by having a mentor applies. Currently the only approved program for this is through DSDHH.

6. Who wrote the Rules/Policies for the Licensure Board to follow?

The polices and procedures were written by Jane Dolan and Jan Withers when they were Board members. The Policies and Procedures were written, reviewed, and approved by the Board.

7. Why do some agencies have special privilege to earn interpreting hours while contractors outside of agency have to interpret to earn hours without pay?

As previously stated in question 3, as per the following rule: 21 NCAC 25 .0501 CONTINUING EDUCATION REQUIREMENTS (c) A licensee may not earn CEUs while interpreting, whether or not the licensee is compensated for his or her services. As long as the interpreters are not providing interpreting services while they obtain the CEUs, CEUs can be earned at the licensee’s discretion.

8. Why isn't there a prorated rate when applying for licensure?

No fees for this Board are prorated. All fees for this Board are set by statute.

9. Are the civil penalties applicable to only the person interpreting without a license or to the hiring entity as well?

This Board has no authority to penalize an agency, this Board’s authority is with the licensees.

10. These terms were mentioned: "the law allows" and "ethically acceptable". What is the difference?

“The law allows” would mean something that is referred to in the statute that a licensee is able to perform or do. “Ethically acceptable”, is defined as: Of, relating to, or dealing with ethics. Being in accordance with the accepted principles of right and wrong that govern the conduct of a profession.

11. Can the NC licensure renewal date be changed to match RID's renewal date?

This Board has no plans at this time to change the renewal date.

12. How can we get the community to understand that possessing a license is key, it is not "the end all, be all"?

I do encourage anyone to give out the Board’s phone number so people may contact the Board office with any questions they may have. Phone: 919-779-5709 or email ncitlb@caphill.com

13. If we participate in an interactive webinar, why isn't this considered a "live session"?

Pursuant to the following rule: 21 NCAC 25 .0501 CONTINUING EDUCATION REQUIREMENTS

(a) A licensee shall earn at least two continuing education units ("CEUs") each licensure year. At least 1.0 of those CEUs shall be earned in professional studies and at least 1.0 of those CEUs shall be earned in a setting in which three or more persons come together at the same location at the same time as a group to listen to a lecture, to view a demonstration, to participate in group discussions, or to learn through any combination of these or similar activities A classroom setting is defined in the rule above, and even though you may be able to see people on the interactive webinar you are not at the same location.

14. Why was there no NCITLB FORUM at this year's NCRID Conference?

The Board made the decision to hold their forum separately this year due to the hostility at the forums at the NCRID conference that have happened in the past. All NCITLB forums are open for any person to attend.

15. Can you get a refund if your initial licensing was not prorated?

No fees for this Board are prorated, and pursuant to the following rule: 21 NCAC 25 .0203

APPLICATION FEES

(a) The Board shall not review a license application until the appropriate license fee has been paid pursuant to the following fee schedule:

Application for Initial Full License under G.S. 90D-7 and -9 $225.00

Application for Renewal of Full License $150.00

Application for Initial Provisional License under G.S. 90D-8 $225.00

Application for Renewal of Provisional License $150.00

Application for Replacement of Lost, Damaged or Destroyed License $10.00

(b) These fees shall be nonrefundable and shall be paid by cash or by cashier's check, certified check, or money order made payable to the North Carolina Interpreter Transliterator Licensing Board.

(c) The Board shall waive the license application renewal fee for any individual who is currently licensed by and in good standing with the Board if the individual is serving in the armed forces of the United States and if G.S. 105- 249.2 grants the individual an extension of time to file a tax return. The waiver shall be in effect for any period that is disregarded under Section 7508 of the Internal Revenue Code in determining the taxpayer's liability for a federal tax.

16. Can non-NC residents get licensed?

Yes, anyone who qualifies for licensure is welcome to apply for a license with this Board, regardless of the state you live in.

17. Is there mentoring or retraining available for interpreters trying to receive a full license?

To my knowledge no.

18. What is the time period for earning CEUs?

Jan 1- Dec 31 or Oct 1-Sept 30? The time frame to obtain CEUs is from October 1 – September 30 annually.

19. Can an intern mentor under a provisionally-licensed interpreter or does it have to be a full-licensed interpreter?

Pursuant to the following rule: 21 NCAC 25 .0207 MENTORING AND TRAINING EXEMPTION

(a) A mentoring or training program is approved by the Board if it meets each of the following criteria:

(1) The program is operated by a school accredited by the Southern Association of Colleges and Schools, or any other accrediting agency recognized by the U.S. Department of Education;

(2) Each mentor or trainer used by the program:

(A) Holds a valid National Association of the Deaf ("NAD") level 4 or 5 certification; or

(B) Is nationally certified by the Registry of Interpreters for the Deaf, Inc. ("RID"); or

(C) Has a national certification recognized by the National Cued Speech Association ("NCSA"); or

(D) Holds a quality assurance North Carolina Interpreter Classification System ("NCICS") level A or B classification in effect on January 1, 2000;

(3) Each mentor or trainer used by the program has five years of professional experience as an interpreter or transliterator following graduation from an accredited Interpreter Training Program or following the date on which the mentor or trainer received the certification or classification specified in Subparagraph (b)(2) of this Rule; provided that, until July 1, 2008, a deaf person who is certified as an interpreter by RID may serve as a mentor or trainer without five years of professional experience;

(4) Each mentor or trainer used by the program is currently licensed by the Board; and

(5) The students being mentored or trained always work under the supervision of a mentor or trainer who meets the qualifications set out in Subparagraphs (a)(2) through (a)(4) of this Rule.

(b) A student in a mentoring or training program approved by the Board must obtain a license from the Board before the person provides interpreting or transliterating services for a fee or other consideration outside of the approved mentoring or training program.

(c) As used in Subparagraph (a)(3) of this Rule, the phrase "has five years of professional experience as an interpreter or transliterator" means that the mentor or trainer has provided interpreter or transliterator services for persons other than family members and friends, for a fee or other consideration, for a total of 60 consecutive or nonconsecutive months. Each full month of full-time or part-time employment as an interpreter or transliterator --- or as a teacher of interpreting or transliterating --- shall be counted toward the required 60 months of experience.

(d) As used in Subparagraph (a)(5) of this Rule, the phrase "always work[s] under the supervision of a mentor or trainer" means that a mentor or trainer is routinely available to observe and critique the student's performance, to answer questions, and to demonstrate proper technique. It does not mean that the student is always accompanied by the mentor or trainer. The above highlighted qualifications describe an interpreter who holds a full license.

20. What is the difference between criminal convictions and criminal prosecutions?

Those 2 terms are listed separately in the law. Criminal Convictions: you have been judicially determined to be at fault for a crime. Criminal prosecutions: the institution and conduct of legal proceedings against a defendant for criminal behavior

21. Traditional classroom setting rule: It seems renewal paperwork is highly subject to the possibility that a licensee will report online CEUs as "in person". Does the licensure board check to see if the CEUs are reported accurately?

Every renewal that is received is thoroughly reviewed for accuracy.

22. Will educational interpreters ever be included in the licensure law?

The Board is currently communicating with DPI regarding this. DPI is working on improving the standards for educational interpreters.

23. At the recent Licensure Board forum, it was stated that anything that happens on school grounds is NOT covered my the licensure law. What is police officers show up at a school to question a student who is deaf?

It was stated at the last forum, that the interpreter working with the deaf student at the school should use their discretion, and if they do not feel comfortable interpreting for the student for police questioning the interpreter should state that, and another interpreter can be brought in.

24. What is a school has a deaf employee and the employee wants to talk with HR?

Okay for the educational interpreter (not licensed) to interpret that meeting? Educational interpreters can interpret in any school sanctioned events. Any event that does not fall under that purview would need a North Carolina licensed interpreter.

25. When licensure was being discussed prior to 2005, how did you get interpreters "on board" with the licensure law?

This work was done by Pat Hauser, and she would be the better person to help answer this question.

Additional information submitted by Pat Hauser (added 7.31.2018):  All of the requirements for licensure were brought before the membership of NCRID for review, revision and discussion on an annual basis as they were in development from year to year. Approximately 9 years.

NCITLB Rep Position Vacancy

            We are seeking interest for the NCITLB Rep position on the NCRID Board.  The Board will be collecting letters of interest from NCRID members, and then submit those names to the Governor for review.  The position is appointed by the Governor and the requirements are as follows:
 
An interpreter who is a member of NCRID with five years experience in a community setting and who is licensed by the NCITLB.
 
Additional information and expectations, including meeting attendance requirements for this position, can be found at:
http://www.ncitlb.org/wp-content/uploads/2013/03/NCITLB_SOP_Final_2015-02-13.pdf  (Article V)
 
If you meet the requirements and would be interesting in submitting your name to the NCRID Board for consideration, please email Antwan Campbell at ncridpresident@gmail.com by Jan 31, 2018.
 
Thank you,
NCRID Board
 

Questions for Licensure Board Forum

The North Carolina Interpreter & Transliterator Licensing Board

The NCITLB will be having its Annual Public Forum at the NCRID Conference in Winston Salem, NC June 22, 2017 from 6:30- 8:30 PM.

If you have a question you would like to ask the Board please email your question to the central office atNCITLB@caphill.com by June 1, 2017.  

All of the questions sent in will be compiled and answered at the forum.  Answers to these questions will also be posted to the Board's website after the forum has taken place.

NCITLB Time Sensitive Information

Time is running out.  The public comment period ENDS on NOVEMBER 7, 2016.   There is an opportunity for public comment regarding the rules of the North Carolina Interpreters and Transliterators Licensing Board (NCITLB) during its required 10-year review.  The public comment period closes SOON on November 7th.  Please see this link.  http://www.ncitlb.org/required-periodic-review-existing-rules/

 

For my part, I am sending the comment below regarding the in-person CEU requirement I have also attached my letter in PDF and word.docx versions.  NCITLB will need to hear from a minimum of 10 people about a rule before they will be expected to consider the comments as substantive input, but definitely the more the merrier, if this is to receive consideration for removal.  And no, the NCITLB as an entity is not going away.  The State Legislature postponed decisions about sun-setting Occupational Licensing Boards until after the election so at the moment, NCITLB continues to function as usual.  I offer my letter attached below as a sample that folks can use to develop their own letter. Feel free to simply copy and paste under your own name with any modifications that you wish to include. It is about numbers and hearing from as many of us as possible. So please help to get this information out to as many interpreters as you know care about this issue.  Interpreters can comment about any of the other rules that they think should be changed or deleted.  Now is the time to let your voice be heard. 

 

Comments about this, and any other rule should be directed to:

 

Caitlin Schwab

Board Administrator

NCITLB

PO Box 20963

Raleigh, NC 27619

 

Or may be emailed to ncitlb@caphill.com

Re:      Public Comment during the Required Periodic Review of Existing Rules of the NCITLB.

Regarding section .05000 – Continuing Education

 

21 NCAC 25.0501 Continuing Education Requirements (a)

It is recommended that the NCITLB strike the second half of the second sentence as shown below: 

21 NCAC 25 .0501 CONTINUING EDUCATION REQUIREMENTS

(a) A licensee shall earn at least two continuing education units ("CEUs") each licensure year. At least 1.0 of those CEUs shall be earned in professional studies and at least 1.0 of those CEUs shall be earned in a setting in which three or more persons come together at the same location at the same time as a group to listen to a lecture, to view a demonstration, to participate in group discussions, or to learn through any combination of these or similar activities.

Rationale: 

In 2016, online learning has become a highly effective means of learning and professional development.  Online delivery of pedagogy has come a long way since the implementation of licensure and many online programs offer the opportunity for virtual networking and participant interaction via webcams and other technology.  For example, it is possible to network and interact virtually face to face with interpreters from all over the globe in virtual learning formats such as FUZE, Go To Meeting, etc.  Because of limited numbers of attendees in various regions, a significant amount of high quality, advanced interpreting pedagogy is delivered through online means and applications including specialty legal interpreting and medical interpreting workshops.  It is now possible to obtain a Master’s degree in Interpreting through online instruction at a variety of high quality accredited institutions.  Requiring in-person attendance for education is not a reasonable way to foster interaction amongst attendees.  It is possible for interpreters to attend in-person trainings and not speak to or sign with anyone.  Requiring face to face attendance directly assumes that professional interpreters will not interact with colleagues without being required to do so as a condition for licensure maintenance.  RID does not have an in-person requirement for their certification renewal.  Many interpreters have had to forego better training programs than those offered in-person because of the requirement that at least 10 hours (1 CEU) be conducted in a setting in which three or more persons come together at the same location.  It seems reasonable to allow regulated practitioners the professional autonomy to determine which setting will best serve their ongoing professional development, time availability, and learning style. 

Licensure Reminder

Your renewal must be received no later than September 3oth of the licensure year.

 

Licensure NCGS-90D Have you renewed????

We are almost at the end of our current Licensure year. If you have not done so please check to make sure you have earned the required 2 CEUs. For each licensure year a total of 2 CEUs is required. If you need information on upcoming workshops please check this e-blast for opportunities in our area also Licensure renewals have already been sent for renewal and you should have yours by now.

If you have and questions or need to contact the licensure office you can do so at Email: NCITLB@caphill.com Phone: 919-779-5709 Fax: 919-779-5642.www.NCITLB.org

NCITLB Annual Renewal Due

The North Carolina Interpreter & Transliterator Licensing Board

2016 LICENSURE RENEWAL REMINDER

A complete renewal packet contains:

1. Renewal Application (Page 3 of the renewal packet).
2. Payment in certified funds in the amount of $150.
3. Copies of all CEUs you have obtained.

*Renewals must be received at the Board office no later than
September 30, 2016.

For information about renewing your license visit
www.NCITLB.org

If you have any questions in regards to your renewal please email the Board office at NCITLB@caphill.com 


*September 30 is a received by deadline not a post marked deadline.

Licensure Update

Licensure NCGS-90D****Updated PLEASE READ


We are almost at the end of our current Licensure year. If you have not done so please check to make sure you have earned the required 2 CEUs. For each licensure year a total of 2 CEUs is required. If you need information on upcoming workshops please check this e-blast for opportunities in our area also Licensure renewals have already been sent for renewal. 


If you have and questions of need to contact the licensure office you can do so at Email: NCITLB@caphill.com Phone: 919-779-5709 Fax: 919-779-5642. 

 

Information about Licensure

To: Everyone Impacted by Interpreter/Transliterator Licensure


From: Ad Hoc Licensure Committee


North Carolina Registry of Interpreters for the Deaf (NCRID)
In 2005, North Carolina celebrated an historic achievement! With purpose and vision,
advocates worked tirelessly over a decade to achieve the passage of legislation to
regulate the work of interpreters and transliterators. This law established the North
Carolina Interpreter Transliterator Licensing Board (NCITLB), providing valuable
protections for consumers while making a way for new practitioners to enter the field.
Eleven years later, we stand at a critical turning point. As a result of anti-trust concerns,
the General Assembly's Administrative Procedure Oversight Committee (APO) has
proposed a draft bill that would sunset, or disband, twelve occupational licensing
boards, including the NCITLB. Our representatives and senators may govern us, but
they are unfamiliar with the needs of the Deaf Community and the complexities of
interpreting and transliterating.


So, we need your help! For the NCITLB to be retained, these committee members
must hear from all of us - consumers, practitioners, providers and organizations - about
the importance of licensure. As it took various stakeholders working together to
establish interpreter/transliterator licensure, it will require all of us working together to
save it.


To this end, we have compiled detailed information for you. These documents include
contact information, talking points and sample letters to assist you in reaching out to
members of the Administrative Procedure Oversight Committee (APO). Every one of us
needs to write to these committee members and encourage our friends and colleagues
to do the same. We must be intentional and persistent!
In the meantime, updates will be posted on the NCRID Web site at
<www.northcarolinarid.org.>. If we are able to provide you with any assistance, please
contact us at <NCRIDAdHocLicensureCommittee@gmail.com>! Thank you!


Ad Hoc Licensure Committee, NCRID


Janet Beattie
Bethany Hamm-Whitfield
Patricia Hauser
Connie Jo Hutchinson
Danette Steelman-Bridges

Craig's Video

https://www.youtube.com/watch?v=IEzDSlFaGww

Here is the newest update on the bill:

1. There was a PCS discussed that would have sunset all boards with an enrollment under 1,500 members. That PCS (proposed committee substitute) was for discussion only and was not approved by the Senate Finance committee.

2. Senate has decided to add one more day of meetings, that will be on Monday. Senate Finance is scheduled to meet that day. I did check with some key members regarding that specific PCS and they were not in support. I did speak with Senator Hartsell and he stated there will be a PCS in Senate Finance but was not sure if there would be any sunset language. So I will be in that meeting.

3. If the Senate are able in any way to get any of Senator Wells language into the bill the bill will still have two more stops: First stop is the Senate floor. The action needed would be to call your Senator and tell them vote No. Second stop if it was to pass the Senate would be to "Call your House member and tell them to vote not to concur with the Senate Committee Substitute".

4. Senate is now saying Monday is the last day of all committee meetings. They want to vote on the budget this week and go on a break or leave completely. So time is not in favor of getting a major bill through unless it has full support of members. Changing boards or sun setting a board does not appear to have lots of support.

Find your Senator:    www.ncleg.net