[Rev. 11/22/2013 10:19:14 AM--2013]

[NAC-656A Revised Date: 7-13]

CHAPTER 656A - INTERPRETERS AND REALTIME CAPTIONING PROVIDERS

GENERAL PROVISIONS

656A.010         Definitions.

656A.020         “American Sign Language” defined.

656A.025         “Associate Continuing Education Tracking program” defined.

656A.030         “Broadcast captioner” defined.

656A.035         “Certification Maintenance Program” defined.

656A.040         “Certified Communication Access Realtime Translation Provider” defined.

656A.045         “Certified deaf interpreter” defined.

656A.050         “Certified interpreter” defined.

656A.055         “Certifying body” defined.

656A.060         “Communication Access Realtime Translation” and “realtime captioning” defined.

656A.065         “Community setting” defined.

656A.070         “Computerized note-taking system” defined.

656A.075         “Contact hour” defined.

656A.080         “Continuing education unit” defined.

656A.085         “Cued speech transliterator” defined.

656A.090         “Division” defined.

656A.095         “Educational Interpreter Performance Assessment” defined.

656A.100         “Educational Interpreters Knowledge Assessment” defined.

656A.105         “Educational setting” defined.

656A.110         “Educational Sign Skills Evaluation” defined.

656A.115         “Good standing” defined.

656A.120         “Interpreter referral agency” defined.

656A.125         “Legal setting” defined.

656A.130         “Manually Coded English” defined.

656A.135         “Medical setting” defined.

656A.140         “Mentor” defined.

656A.145         “Modality” defined.

656A.150         “Pidgin Signed English” defined.

656A.155         “Professional development plan” defined.

656A.160         “Professional membership” defined.

656A.165         “Program of continuing education” defined.

656A.170         “Provisional interpreter” defined.

656A.175         “Realtime captioning” defined.

656A.180         “Registry of Interpreters for the Deaf” defined.

656A.185         “Service provider” defined.

656A.190         “Signing Exact English” and “Signing Essential English” defined.

656A.195         “Student of interpreting or Communication Access Realtime Translation” defined.

656A.200         “TECUnit” defined.

656A.205         “Voir dire” defined.

REGISTRATION OF INTERPRETERS AND CAPTIONING PROVIDERS; SCOPE OF PRACTICE

656A.220         General requirements; waivers.

656A.225         Interpreter or Communication Access Realtime Translation provider in educational setting: Report to Division.

656A.230         Communication Access Realtime Translation provider or realtime captioning provider: Application; qualifications; requirements for acceptance of assignments; exceptions to registration.

656A.240         Apprentice level interpreter in community setting: Application; qualifications; participation in plan of mentoring; prohibition on practice in certain settings; requirements for acceptance of assignments.

656A.250         Skilled interpreter in community setting: Application; qualifications; requirements for acceptance of assignments.

656A.260         Advanced certified interpreter in community setting: Application; qualifications; requirements for acceptance of assignments.

656A.270         Master level interpreter in community setting: Application; qualifications; requirements for acceptance of assignments.

656A.280         Cued speech transliterator in educational setting: Application; qualifications; preparation of professional development plan; requirements for acceptance of assignments.

656A.290         Apprentice level interpreter in educational setting: Application; qualifications; participation in plan of mentoring; preparation of professional development plan; prohibition on practice in certain settings; authorized areas of practice.

656A.300         Intermediate interpreter in educational setting: Application; qualifications; participation in plan of mentoring; preparation of professional development plan; prohibition on practice in certain settings; authorized areas of practice.

656A.310         Advanced interpreter in educational setting: Application; qualifications; preparation of professional development plan; authorized areas of practice.

656A.320         Period for renewal of registration; expiration; revocation; restoration of registration after revocation.

DISCIPLINARY ACTION

656A.600         Grounds for initiating disciplinary action or for denying issuance or renewal of registration.

656A.610         Complaints: Filing; duties of Division; assignment to investigative committee; evaluation and recommendations of investigative committee; determination by Division after investigation; report of violation to Attorney General.

656A.620         Disciplinary hearing: Notice; requirements for proof.

656A.630         Disciplinary hearing: Requirements for service of notice.

656A.640         Authorized disciplinary action; administrative fine; imposition of ban without written notice in emergency; decision of Division is final.

656A.650         Application to remove limitation on registration or to restore or reinstate registration.

 

 

 

GENERAL PROVISIONS

      NAC 656A.010  Definitions. (NRS 656A.082, 656A.084, 656A.090)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 656A.020 to 656A.205, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.020  “American Sign Language” defined. (NRS 656A.082, 656A.084, 656A.090)  “American Sign Language” means the complete, complex language that employs signs made with the hands and other movements, including, without limitation, facial expressions and postures of the body.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.025  “Associate Continuing Education Tracking program” defined. (NRS 656A.082, 656A.084, 656A.090)  “Associate Continuing Education Tracking program” means the program administered by the Registry of Interpreters for the Deaf to document the skills development of its associate members.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.030  “Broadcast captioner” defined. (NRS 656A.082, 656A.084, 656A.090)  “Broadcast captioner” means a Communication Access Realtime Translation provider who transmits realtime captions through a telephone line to line 21 of a caption encoder that is housed at a television broadcast station.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.035  “Certification Maintenance Program” defined. (NRS 656A.082, 656A.084, 656A.090)  “Certification Maintenance Program” means the program administered by the Registry of Interpreters for the Deaf to monitor the skills development of its certified members.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.040  “Certified Communication Access Realtime Translation Provider” defined. (NRS 656A.082, 656A.084, 656A.090)  “Certified Communication Access Realtime Translation Provider” means a person who achieved a minimum standard on a national certification evaluation that addresses the knowledge and skills required to engage in the practice of Communication Access Realtime Translation pursuant to this chapter.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.045  “Certified deaf interpreter” defined. (NRS 656A.082, 656A.084, 656A.090)  “Certified deaf interpreter” means an interpreter who is deaf or hard of hearing and who has completed a program of language proficiency, including a written and performance test, and has received training in ethics and general interpreting methodologies.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.050  “Certified interpreter” defined. (NRS 656A.082, 656A.084, 656A.090)  “Certified interpreter” means a person who has achieved a minimum standard on a national certification evaluation that addresses the knowledge and skills required to engage in the practice of interpreting pursuant to this chapter.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.055  “Certifying body” defined. (NRS 656A.082, 656A.084, 656A.090)  “Certifying body” means the state or national organization that certifies interpreters or Communication Access Realtime Translation providers.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.060  “Communication Access Realtime Translation” and “realtime captioning” defined. (NRS 656A.082, 656A.084, 656A.090)  “Communication Access Realtime Translation” or “realtime captioning” has the meaning ascribed to it in NRS 656A.025.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.065  “Community setting” defined. (NRS 656A.082, 656A.084, 656A.090)  “Community setting” has the meaning ascribed to it in NRS 656A.027.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.070  “Computerized note-taking system” defined. (NRS 656A.082, 656A.084, 656A.090)  “Computerized note-taking system” means a system which utilizes programs and equipment for the purpose of taking notes in a setting other than a legal setting.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.075  “Contact hour” defined. (NRS 656A.082, 656A.084, 656A.090)  “Contact hour” means not less than 50 minutes and not more than 60 minutes of participation in continuing education.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.080  “Continuing education unit” defined. (NRS 656A.082, 656A.084, 656A.090)  “Continuing education unit” means a unit of measurement for educational activities that meet established criteria for increasing knowledge and competency. One continuing education unit is equal to 10 contact hours of participation in an organized continuing educational experience, which is grounded in responsible sponsorship, capable direction and qualified instruction.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.085  “Cued speech transliterator” defined. (NRS 656A.082, 656A.084, 656A.090)  “Cued speech transliterator” means a person who uses a system of handshapes and placements which, when combined with information from a person’s mouth and face, render the English language as a visual language and distinguish the phonemes of the English language from each other.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.090  “Division” defined. (NRS 656A.082, 656A.084, 656A.090)  “Division” means the Aging and Disability Services Division of the Department of Health and Human Services.

     (Added to NAC by Aging & Disability Services Div. by R151-09, eff. 8-13-2010)

      NAC 656A.095  “Educational Interpreter Performance Assessment” defined. (NRS 656A.082, 656A.084, 656A.090)  “Educational Interpreter Performance Assessment” means the assessment administered by the Boys Town National Research Hospital located in Omaha, Nebraska, which specifically addresses the knowledge and skills of interpreters working in an educational setting and employing:

     1.  American Sign Language;

     2.  Manually Coded English; or

     3.  Pidgin Signed English.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.100  “Educational Interpreters Knowledge Assessment” defined. (NRS 656A.082, 656A.084, 656A.090)  “Educational Interpreters Knowledge Assessment” means the written portion of the assessment administered by the Boys Town National Research Hospital in Omaha, Nebraska.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.105  “Educational setting” defined. (NRS 656A.082, 656A.084, 656A.090)  “Educational setting” has the meaning ascribed to it in NRS 656A.029. The term does not include a college or university. The term also includes a prekindergarten program in a public school.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.110  “Educational Sign Skills Evaluation” defined. (NRS 656A.082, 656A.084, 656A.090)  “Educational Sign Skills Evaluation” means the assessment administered by the Signing Exact English (S.E.E.) Center for the Advancement of Deaf Children located in Los Alamitos, California.

     (Added to NAC by Aging & Disability Services Div. by R151-09, eff. 8-13-2010)

      NAC 656A.115  “Good standing” defined. (NRS 656A.082, 656A.084, 656A.090)  “Good standing” means being a current member and being in compliance with the continuing education requirements of a certifying body.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.120  “Interpreter referral agency” defined. (NRS 656A.082, 656A.084, 656A.090)  “Interpreter referral agency” means any contractual agency which refers interpreters for a fee.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.125  “Legal setting” defined. (NRS 656A.082, 656A.084, 656A.090)  “Legal setting” has the meaning ascribed to it in NRS 656A.033.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.130  “Manually Coded English” defined. (NRS 656A.082, 656A.084, 656A.090)  “Manually Coded English” means a signed message that employs the syntax and grammar of the English language and is dependent upon a language lexicon borrowed from American Sign Language.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.135  “Medical setting” defined. (NRS 656A.082, 656A.084, 656A.090)  “Medical setting” has the meaning ascribed to it in NRS 656A.035.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.140  “Mentor” defined. (NRS 656A.082, 656A.084, 656A.090)  “Mentor” means a person approved by the Division who guides an interpreter with less experience in gaining the skills, techniques and knowledge required to engage in the practice of interpreting. A mentor shall meet the requirements for registration as set forth in NAC 656A.300 or 656A.310, as appropriate.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.145  “Modality” defined. (NRS 656A.082, 656A.084, 656A.090)  “Modality” means the communication system that an interpreter uses or any English signed system.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.150  “Pidgin Signed English” defined. (NRS 656A.082, 656A.084, 656A.090)  “Pidgin Signed English” means signing which contains a mix of the rules of the American Sign Language and English grammar.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.155  “Professional development plan” defined. (NRS 656A.082, 656A.084, 656A.090)  “Professional development plan” means an individualized plan to improve the performance of a person in work-related activities by focusing on improving knowledge and skills, and includes, without limitation, documentation of the time frames, measurement indicators and desired outcomes of the professional development activities.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.160  “Professional membership” defined. (NRS 656A.082, 656A.084, 656A.090)  “Professional membership” means membership in a professional organization which provides quality standards, professional development and opportunities for peer support and networking in order to provide relevant and current information to its members.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.165  “Program of continuing education” defined. (NRS 656A.082, 656A.084, 656A.090)  “Program of continuing education” means courses, programs or organized learning activities which sustain a person’s professional competence by keeping the person informed of, and able to comply with, developments in professional standards.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.170  “Provisional interpreter” defined. (NRS 656A.082, 656A.084, 656A.090)  “Provisional interpreter” means an interpreter who has recently completed study in an interpreter preparation program and who has not been nationally certified.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.175  “Realtime captioning” defined. (NRS 656A.082, 656A.084, 656A.090)  “Realtime captioning” has the meaning ascribed to it in NRS 656A.025.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.180  “Registry of Interpreters for the Deaf” defined. (NRS 656A.082, 656A.084, 656A.090)  “Registry of Interpreters for the Deaf” is the national membership organization that:

     1.  Represents professionals who facilitate communication between people who are deaf, including, without limitation, people who are deaf and blind or hard of hearing, and people who can hear; and

     2.  Supports members by providing testing for national standards, educational opportunities, professional networking and relationships and resources.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.185  “Service provider” defined. (NRS 656A.082, 656A.084, 656A.090)  “Service provider” means a Communication Access Realtime Translation provider, realtime captioning provider, an interpreter or a certified deaf interpreter.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.190  “Signing Exact English” and “Signing Essential English” defined. (NRS 656A.082, 656A.084, 656A.090)  “Signing Exact English” or “Signing Essential English” means a signing system based on the English language which utilizes English language patterns in conjunction with initialized signs.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.195  “Student of interpreting or Communication Access Realtime Translation” defined. (NRS 656A.082, 656A.084, 656A.090)  “Student of interpreting or Communication Access Realtime Translation” means a person who is enrolled in a formal course of study to become an interpreter or Communication Access Realtime Translation provider.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.200  “TECUnit” defined. (NRS 656A.082, 656A.084, 656A.090)  “TECUnit” means the Testing, Evaluation, and Certification Unit, Inc., which is responsible for establishing and maintaining national standards for the profession of cued speech transliteration.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.205  “Voir dire” defined. (NRS 656A.082, 656A.084, 656A.090)  “Voir dire” means the process by which any judge will select or reject an interpreter to provide interpreting services for any matter before a court of their jurisdiction.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

REGISTRATION OF INTERPRETERS AND CAPTIONING PROVIDERS; SCOPE OF PRACTICE

      NAC 656A.220  General requirements; waivers. (NRS 656A.082, 656A.084, 656A.090)

     1.  Except as otherwise provided in subsection 2 and NRS 656A.070, any person who provides interpreting, Communication Access Realtime Translation or realtime captioning services in this State shall:

     (a) Register with the Division on a form provided by the Division pursuant to NRS 656A.100 or 656A.400, as appropriate;

     (b) Provide proof of compliance with the requirements for each professional classification set forth in NAC 656A.230 to 656A.310, inclusive, pursuant to which the applicant will be engaged;

     (c) Operate only within the professional classifications for which he or she is registered;

     (d) Comply with the provisions of this chapter and chapter 656A of NRS; and

     (e) Comply with the code of ethics of the appropriate certifying body.

     2.  The provisions of this section may be temporarily waived by the Division when an emergency has been declared by a governmental entity or for good cause.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.225  Interpreter or Communication Access Realtime Translation provider in educational setting: Report to Division. (NRS 656A.082, 656A.090)

     1.  Each interpreter or Communication Access Realtime Translation provider who provides services for a school district in this State shall report to the Division:

     (a) His or her name;

     (b) The modality he or she uses to provide services;

     (c) Each grade level he or she serves;

     (d) The name, telephone number and electronic mail address of his or her direct supervisor; and

     (e) Any other information requested by the Division.

     2.  Each interpreter or Communication Access Realtime Translation provider required to submit a report pursuant to subsection 1 shall submit the report on a form prescribed by the Division within 30 days after the date on which the interpreter or Communication Access Realtime Translation provider begins serving pupils in the school district.

     3.  Each interpreter or Communication Access Realtime Translation provider required to submit a report pursuant to subsection 1 shall report, on a form prescribed by the Division, any changes in the information required to be reported pursuant to subsection 1 within 30 days after the change occurs.

      (Added to NAC by Aging & Disability Services Div. by R014-12, eff. 9-14-2012)

      NAC 656A.230  Communication Access Realtime Translation provider or realtime captioning provider: Application; qualifications; requirements for acceptance of assignments; exceptions to registration. (NRS 656A.084, 656A.090, 656A.400)

     1.  To apply for and maintain registration as a Communication Access Realtime Translation provider or realtime captioning provider, a person must:

     (a) Have at least a high school diploma or a general equivalency diploma.

     (b) Hold certification in good standing from:

          (1) The Certified Court Reporters’ Board of Nevada pursuant to chapter 656 of NRS;

          (2) The National Court Reporters Association as a:

               (I) Registered Professional Reporter;

               (II) Certified Communication Access Realtime Translation Provider;

               (III) Certified Broadcast Captioner; or

               (IV) Certified Realtime Reporter; or

          (3) Any other state licensing board with a minimum of skills assessment of 200 words per minute or more.

     2.  A Communication Access Realtime Translation provider or realtime captioning provider shall accept each assignment with due caution and care commensurate with his or her skills and experience.

     3.  A Communication Access Realtime Translation provider or realtime captioning provider who works solely as a broadcast captioner is not required to register with the Division or comply with the provisions of this chapter or chapter 656A of NRS.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.240  Apprentice level interpreter in community setting: Application; qualifications; participation in plan of mentoring; prohibition on practice in certain settings; requirements for acceptance of assignments. (NRS 656A.082, 656A.090)

     1.  To apply for and maintain registration as an interpreter in a community setting as an apprentice level interpreter, a person must:

     (a) Have at least a high school diploma or a general equivalency diploma.

     (b) Hold in good standing:

          (1) Level 2 certification from the National Association of the Deaf;

          (2) Level II certification from the American Consortium of Certified Interpreters; or

          (3) A score of 3.5 to 3.9 on the Educational Interpreter Performance Assessment.

     (c) Be a person who is deaf or hard of hearing in the process of becoming a certified deaf interpreter through the Registry of Interpreters for the Deaf or have successfully completed an accredited interpreter preparation program.

     (d) Participate in the Associate Continuing Education Tracking program, with at least 75 contact hours of continuing education every 3 years, or maintain a professional development plan provided by the Division.

     (e) Except as otherwise provided in this paragraph, participate in a plan of mentoring, with at least 40 hours of mentoring every 3 years, with a mentor who is certified with the Registry of Interpreters for the Deaf. A person who is not certified with the Registry of Interpreters for the Deaf but who is deemed by the Division to be competent in American Sign Language and to be knowledgeable about the deaf culture may serve as a mentor if he or she has passed the written portion of the Educational Interpreter Performance Assessment or the exam provided by the Registry of Interpreters for the Deaf, is able to show proof of completion of a course in mentorship training which has been approved by the Division or holds an associate’s degree or a higher degree in interpretation, English or a related field from an accredited college or university. A mentor must have a working knowledge of English, American Sign Language and any other relevant languages, and a working knowledge of interpreting methodologies, the interpreter code of ethics and other skills salient to the mentoring relationship. The plan of mentoring must be signed by the apprentice level interpreter and his or her mentor. Any hours of mentoring which exceed the 40 hours of mentoring required pursuant to this paragraph may be applied toward the hours of continuing education the apprentice level interpreter is required to complete.

     2.  If an apprentice level interpreter is not required to have continuing education units by his or her certifying body, the interpreter must participate in a professional development plan provided by the Division.

     3.  An apprentice level interpreter shall not engage in the practice of interpreting in a medical or legal setting.

     4.  An apprentice level interpreter shall only accept assignments:

     (a) In which the apprentice is teamed with or accompanied by a certified interpreter at the skilled level or above; and

     (b) With due caution and care commensurate with his or her skills and experience.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.250  Skilled interpreter in community setting: Application; qualifications; requirements for acceptance of assignments. (NRS 656A.082, 656A.090)

     1.  To apply for and maintain registration as an interpreter in a community setting as a skilled interpreter, a person must:

     (a) Have at least a high school diploma or a general equivalency diploma.

     (b) Hold in good standing:

          (1) One of the following certifications from the Registry of Interpreters for the Deaf:

               (I) National Interpreter certification;

               (II) Certification of Interpretation; or

               (III) Certification of Transliteration;

          (2) Level III certification from the National Association of the Deaf;

          (3) Level III certification from the American Consortium of Certified Interpreters; or

          (4) A score of 4.0 to 4.7 on the Educational Interpreter Performance Assessment and hold an Educational Certificate: K-12, issued by the Registry of Interpreters for the Deaf.

     2.  A skilled interpreter shall accept each assignment in a:

     (a) Legal setting with due caution and care commensurate with his or her skills and experience. A skilled interpreter who does not hold supplemental certification to engage in the practice of interpreting in a legal setting may be used only in situations involving misdemeanors and is subject to voir dire by the court.

     (b) Medical setting with due caution and care commensurate with his or her skills and experience.

     (c) Postsecondary educational institution, as defined in NRS 394.099, with due caution and care commensurate with his or her skills and experience.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.260  Advanced certified interpreter in community setting: Application; qualifications; requirements for acceptance of assignments. (NRS 656A.082, 656A.090)

     1.  To apply for and maintain registration as an interpreter in a community setting as an advanced certified interpreter, a person must:

     (a) Have at least a high school diploma or a general equivalency diploma.

     (b) Hold in good standing:

          (1) From the Registry of Interpreters for the Deaf:

               (I) National Interpreter Certification-Advanced;

               (II) A Certificate of Interpretation and a Certificate of Transliteration;

               (III) Comprehensive Skills Certificate; or

               (IV) A certification as a Certified Deaf Interpreter;

          (2) Level IV certification from the National Association of the Deaf;

          (3) Level IV certification from the American Consortium of Certified Interpreters; or

          (4) A score of 4.8 to 5.0 on the Educational Interpreter Performance Assessment and an Educational Certificate: K-12, issued by the Registry of Interpreters for the Deaf.

     2.  An advanced certified interpreter shall accept each assignment in a:

     (a) Legal setting with due caution and care commensurate with his or her skills and experience. An advanced certified interpreter who does not hold supplemental certification to engage in the practice of interpreting in a legal setting is subject to voir dire by the court.

     (b) Medical setting with due caution and care commensurate with his or her skills and experience.

     (c) Postsecondary educational institution, as defined in NRS 394.099, with due caution and care commensurate with his or her skills and experience.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.270  Master level interpreter in community setting: Application; qualifications; requirements for acceptance of assignments. (NRS 656A.082, 656A.090)

     1.  To apply for and maintain registration as an interpreter in a community setting as a master level interpreter, a person must:

     (a) Have at least a high school diploma or a general equivalency diploma.

     (b) Hold in good standing:

          (1) From the Registry of Interpreters for the Deaf:

               (I) National Interpreter Certification-Master;

               (II) A Master Comprehensive Skills Certificate;

               (III) A Specialist Certificate: Legal; or

               (IV) Certification as a Certified Deaf Interpreter with specialized legal or medical training;

          (2) Level V certification from the American Consortium of Certified Interpreters; or

          (3) Level V certification from the National Association for the Deaf.

     2.  A master level interpreter shall accept each assignment in a:

     (a) Legal setting with due caution and care commensurate with his or her skills and experience. A master level interpreter in a legal setting must have proof of supplemental certification to engage in the practice of interpreting in a legal setting or is subject to voir dire by the court.

     (b) Medical setting or an educational setting with due caution and care commensurate with his or her skills and experience.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.280  Cued speech transliterator in educational setting: Application; qualifications; preparation of professional development plan; requirements for acceptance of assignments. (NRS 656A.082, 656A.090)

     1.  To apply for and maintain registration as a cued speech transliterator in an educational setting, a person must:

     (a) Have at least a high school diploma or a general equivalency diploma.

     (b) Hold certification in good standing from the Testing, Evaluation, and Certification Unit, Inc.

     (c) Have a professional development plan, prepared on a form provided by his or her local school district and approved in writing by his or her supervisor, which includes specific goals for professional development as a cued speech transliterator and includes 75 contact hours of continuing education every 3 years.

     2.  A cued speech transliterator shall accept each assignment in a:

     (a) Legal setting with due caution and care commensurate with his or her skills and experience. A cued speech transliterator in a community setting without supplemental certification to engage in the practice of interpreting in a legal setting may be used only in situations involving misdemeanors and is subject to voir dire by the court.

     (b) Medical setting with due caution and care commensurate with his or her skills and experience.

     (c) Postsecondary educational institution, as defined in NRS 394.099, with due caution and care commensurate with his or her skills and experience.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.290  Apprentice level interpreter in educational setting: Application; qualifications; participation in plan of mentoring; preparation of professional development plan; prohibition on practice in certain settings; authorized areas of practice. (NRS 656A.082, 656A.090)

     1.  To apply for and maintain registration as an interpreter in an educational setting as an apprentice level interpreter, a person must:

     (a) Have at least a high school diploma or a general equivalency diploma.

     (b) Hold in good standing a score of 3.0 on the Educational Interpreter Performance Assessment or achieve a comprehension skill level of 3 on the Educational Sign Skills Evaluation which is valid for 1 year after registration.

     (c) On or after August 13, 2012, have passed the written portion of the Educational Interpreter Performance Assessment.

     (d) Except as otherwise provided in this paragraph, participate in a plan of mentoring, with at least 40 hours of mentoring every 3 years, with a mentor who is registered at an advanced level pursuant to NAC 656A.310. If the mentor does not reside in this State, he or she is not required to be registered pursuant to this chapter and chapter 656A of NRS, but he or she must possess the appropriate certification status as an intermediate interpreter pursuant to NAC 656A.300 or an advanced interpreter pursuant to NAC 656A.310. A person who is not certified with the Registry of Interpreters for the Deaf but who is deemed by the Division to be competent in American Sign Language and to be knowledgeable about the deaf culture may serve as a mentor if he or she has passed the written portion of the Educational Interpreter Performance Assessment or the exam provided by the Registry of Interpreters for the Deaf, is able to show proof of completion of a course in mentorship training which has been approved by the Division or holds an associate’s degree or a higher degree in interpretation, English or a related field from an accredited college or university. A mentor must have a working knowledge of English, American Sign Language and any other relevant languages, and a working knowledge of interpreting methodologies, the interpreter code of ethics and other skills salient to the mentoring relationship. The plan of mentoring must be signed by the apprentice level interpreter and the mentor. Any hours of mentoring which exceed the 40 hours of mentoring required pursuant to this paragraph may be applied toward the hours of continuing education the apprentice level interpreter is required to complete.

     (e) Have a professional development plan, prepared on a form provided by his or her local school district and approved in writing by his or her supervisor, which includes specific goals for professional development as an interpreter and includes 75 contact hours of continuing education every 3 years.

     2.  If an apprentice level interpreter is not required to have continuing education units by his or her certifying body, the interpreter must participate in a professional development plan provided by the Division.

     3.  An apprentice level interpreter is not qualified to engage in the practice of interpreting in a community setting without holding the appropriate professional certification as set forth in NAC 656A.240 to 656A.270, inclusive.

     4.  Except as otherwise provided in this subsection, an apprentice level interpreter may only engage in the practice of interpreting in the grade levels for which he or she is assessed. An apprentice level interpreter may engage in the practice of interpreting in a grade level for which he or she is not assessed if:

     (a) The apprentice level interpreter is acting as a substitute interpreter, but he or she may not do so for more than 10 consecutive working days.

     (b) An interpreter is required pursuant to a pupil’s individualized education program, as defined in NRS 388.524, and if the school has documentation showing that a reasonable attempt to find interpreting services for the pupil was made.

     5.  Except as otherwise provided in this subsection, an apprentice level interpreter may only engage in the practice of interpreting in a modality for which he or she is assessed. An apprentice level interpreter may engage in the practice of interpreting in a modality for which he or she is not assessed if:

     (a) The apprentice level interpreter is acting as a substitute interpreter, but he or she may not do so for more than 5 consecutive working days.

     (b) An interpreter is required pursuant to a pupil’s individualized education program, as defined in NRS 388.524, and if the school has documentation showing that a reasonable attempt to find interpreting services for the pupil was made.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.300  Intermediate interpreter in educational setting: Application; qualifications; participation in plan of mentoring; preparation of professional development plan; prohibition on practice in certain settings; authorized areas of practice. (NRS 656A.082, 656A.090)

     1.  To apply for and maintain registration as an interpreter in an educational setting as an intermediate interpreter, a person must:

     (a) Have at least a high school diploma or a general equivalency diploma.

     (b) Hold in good standing a score of 3.1 to 3.9 on the Educational Interpreter Performance Assessment or achieve a comprehension skill level of 4 on the Educational Sign Skills Evaluation which is valid for 1 year after registration.

     (c) On or after August 13, 2012, have passed the written portion of the Educational Interpreter Performance Assessment.

     (d) Except as otherwise provided in this paragraph, participate in a plan of mentoring, with at least 40 hours of mentoring every 3 years, with a mentor who is registered as an advanced interpreter pursuant to NAC 656A.310. If the mentor does not reside in this State, he or she is not required to be registered pursuant to this chapter and chapter 656A of NRS, but he or she must possess the appropriate certification status as an advanced interpreter pursuant to NAC 656A.310. A person who is not certified with the Registry of Interpreters for the Deaf but who is deemed by the Division to be competent in American Sign Language and to be knowledgeable about the deaf culture may serve as a mentor if he or she has passed the written portion of the Educational Interpreter Performance Assessment or the exam provided by the Registry of Interpreters for the Deaf, is able to show proof of completion of a course in mentorship training which has been approved by the Division or holds an associate’s degree or a higher degree in interpretation, English or a related field from an accredited college or university. A mentor must have a working knowledge of English, American Sign Language and any other relevant languages, and a working knowledge of interpreting methodologies, the interpreter code of ethics and other skills salient to the mentoring relationship. The plan of mentoring must be signed by the intermediate interpreter and the mentor. Any hours of mentoring which exceed the 40 hours of mentoring required pursuant to this paragraph may be applied toward the hours of continuing education the intermediate interpreter is required to complete.

     (e) Have a professional development plan, prepared on a form provided by his or her local school district and approved in writing by his or her supervisor, which includes specific goals for professional development as an interpreter and includes 75 contact hours of continuing education every 3 years.

     2.  If an intermediate interpreter is not required to have continuing education units by his or her certifying body, the interpreter must participate in a professional development plan provided by the Division.

     3.  An intermediate interpreter is not qualified to engage in the practice of interpreting in a community setting without holding the appropriate professional certification as set forth in NAC 656A.240 to 656A.270, inclusive.

     4.  Except as otherwise provided in this subsection, an intermediate interpreter may only engage in the practice of interpreting in the grade levels for which he or she is assessed. An intermediate interpreter may engage in the practice of interpreting in a grade level for which he or she is not assessed if:

     (a) The intermediate interpreter is acting as a substitute interpreter, but he or she may not do so for more than 10 consecutive working days.

     (b) An interpreter is required pursuant to a pupil’s individualized education program, as defined in NRS 388.524, and if the school has documentation showing that a reasonable attempt to find interpreting services for the pupil was made.

     5.  Except as otherwise provided in this subsection, an intermediate interpreter may only engage in the practice of interpreting in a modality for which he or she is assessed. An intermediate interpreter may engage in the practice of interpreting in a modality for which he or she is not assessed if:

     (a) The intermediate interpreter is acting as a substitute interpreter, but he or she may not do so for more than 5 consecutive working days.

     (b) An interpreter is required pursuant to a pupil’s individualized education program, as defined in NRS 388.524, and if the school has documentation showing that a reasonable attempt to find interpreting services for the pupil was made.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.310  Advanced interpreter in educational setting: Application; qualifications; preparation of professional development plan; authorized areas of practice. (NRS 656A.082, 656A.090)

     1.  To apply for and maintain registration as an interpreter in an educational setting as an advanced interpreter, a person must have at least a high school diploma or a general equivalency diploma and:

     (a) Hold in good standing a score of 4 or more on the Educational Interpreter Performance Assessment or achieve a comprehension skill level of 5 on the Educational Sign Skills Evaluation which is valid for 1 year after registration;

     (b) Be registered as a skilled interpreter or an advanced interpreter in a community setting pursuant to NAC 656A.250 or 656A.260, as applicable, apply with the Registry of Interpreters for the Deaf to receive an Educational Certificate: K-12, and participate in the Certification Maintenance Program; or

     (c) Meet the certification requirements for community interpreters as set forth in NAC 656A.250, 656A.260 or 656A.270 and, on or after August 13, 2012, have passed the written portion of the Educational Interpreter Performance Assessment.

     2.  Except as otherwise provided in this subsection, an advanced interpreter must have a professional development plan, prepared on a form provided by his or her local school district and approved in writing by his or her supervisor, which includes specific goals for professional development as an interpreter. An advanced interpreter is not required to have a professional development plan if the advanced interpreter is required by the Registry of Interpreters for the Deaf to maintain continuing education units.

     3.  An advanced interpreter may engage in the practice of interpreting in any grade level.

     4.  An advanced interpreter may only engage in the practice of interpreting:

     (a) In a modality for which he or she is assessed, if he or she is only assessed by the Educational Interpreter Performance Assessment.

     (b) Except as otherwise provided in this paragraph, in a modality for which he or she is certified. An advanced interpreter may engage in the practice of interpreting in a modality for which he or she is not certified if the advanced interpreter is acting as a substitute interpreter, but he or she may not do so for more than 5 consecutive working days.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.320  Period for renewal of registration; expiration; revocation; restoration of registration after revocation. (NRS 656A.082, 656A.084, 656A.090)

     1.  Registration with the Division as an interpreter or Communication Access Realtime Translation provider must be renewed:

     (a) If the person is certified as an interpreter or Communication Access Realtime Translation provider, every 5 years on a form prescribed by the Division.

     (b) If the person is not certified as an interpreter or Communication Access Realtime Translation provider, every 3 years on a form prescribed by the Division.

     2.  If a person fails to renew his or her registration pursuant to subsection 1 not later than 90 days after the end of the period prescribed in subsection 1, the registration expires.

     3.  An interpreter and Communication Access Realtime Translation provider shall inform the Division of any changes in contact information or in his or her assessment or certification status. The Division may revoke the registration of an interpreter or Communication Access Realtime Translation provider whose certification is revoked by his or her certifying body.

     4.  An interpreter or Communication Access Realtime Translation provider may, within 2 years after revocation of his or her registration pursuant to this section, request that the Division restore the registration.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

DISCIPLINARY ACTION

      NAC 656A.600  Grounds for initiating disciplinary action or for denying issuance or renewal of registration. (NRS 656A.090, 656A.500, 656A.510)  The Division may initiate disciplinary action against an interpreter or Communication Access Realtime Translation provider, or may deny the issuance or renewal of his or her registration if the Division finds, after providing notice and a hearing, that the interpreter or Communication Access Realtime Translation provider:

     1.  Willfully and intentionally made a false or fraudulent statement or submitted a forged or false document to the Division;

     2.  Performed interpreting or Communication Access Realtime Translation services which were not delivered properly according to the classification pursuant to which he or she is registered;

     3.  Provided interpreting or Communication Access Realtime Translation services when he or she did not have the ability to provide such services with reasonable skill and safety;

     4.  Provided interpreting and Communication Access Realtime Translation services in a negligent manner;

     5.  Failed to obey an order or regulation of the Division or an investigative committee of the Division, which related to the provision of interpreting or Communication Access Realtime Translation;

     6.  Is not competent to provide the services required of an interpreter or Communication Access Realtime Translation provider;

     7.  Has been convicted of a felony or any offense involving moral turpitude in the past 10-year period;

     8.  Failed to submit any report required pursuant to NAC 656A.225; or

     9.  Has had disciplinary action taken against him or her in another jurisdiction or by another board that regulates the practice of interpreting or Communication Access Realtime Translation if the disciplinary action was taken against the interpreter or Communication Access Realtime Translation provider in his or her capacity as the holder of a certification which authorizes him or her to provide interpreting or Communication Access Realtime Translation services.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R014-12, 9-14-2012)

      NAC 656A.610  Complaints: Filing; duties of Division; assignment to investigative committee; evaluation and recommendations of investigative committee; determination by Division after investigation; report of violation to Attorney General. (NRS 656A.086, 656A.090, 656A.520)

     1.  If the Division or a recipient of services from an interpreter or Communication Access Realtime Translation provider, who is party to and aware of any act or circumstance that constitutes grounds for disciplinary action against an interpreter or Communication Access Realtime Translation provider, desires to pursue disciplinary action against that interpreter or Communication Access Realtime Translation provider, the person must file a complaint with the Division specifying the charge against the interpreter or Communication Access Realtime Translation provider. A complaint may not be accepted from a recipient of interpreting or Communication Access Realtime Translation services who knowingly and willingly used an unregistered interpreter or Communication Access Realtime Translation provider.

     2.  Unless the Division determines that a complaint is without merit, the Division will:

     (a) Direct the complaint to the complainant’s certifying body;

     (b) Assign an investigative committee to determine whether a charge against an interpreter or Communication Access Realtime Translation provider justifies disciplinary action;

     (c) Utilize the services of a mediator certified by the Registry of Interpreters for the Deaf to resolve complaints between parties; or

     (d) Intervene on behalf of the complainant and the interpreter or Communication Access Realtime Translation provider, as appropriate, if they agree to the intervention.

     3.  The Division will assign to the investigative committee pursuant to paragraph (b) of subsection 2 one program specialist from the Division, one person who is deaf or hard of hearing and one service provider who is registered with the Division. Each member of the investigative committee will be required to sign a confidentiality agreement and must not have a conflict of interest in the outcome of the investigation.

     4.  Before assigning the complaint to an investigative committee, the Division must provide the interpreter or Communication Access Realtime Translation provider, as applicable, with a copy of the complaint. If the Division determines that a complaint is without merit, the Division may provide the interpreter or Communication Access Realtime Translation provider with a copy of the complaint, including the name of the person who filed the complaint.

     5.  Following an investigation, the investigative committee will present its evaluation and recommendations to the Division. The Division will review the findings of the committee to determine whether to take further action against the interpreter or Communication Access Realtime Translation provider.

     6.  If the Division determines after investigation that an interpreter or Communication Access Realtime Translation provider has violated the provisions of this chapter or chapter 656A of NRS, and there is no certifying body to report to, the Division will notify the Attorney General of its findings and any disciplinary action taken.

     7.  A member of the Division who participates in an investigation will not participate in the review conducted or in a subsequent hearing or action which is related to the investigation.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010; R014-12, 9-14-2012)

      NAC 656A.620  Disciplinary hearing: Notice; requirements for proof. (NRS 656A.090, 656A.500)

     1.  If the Division proceeds with disciplinary action against an interpreter or Communication Access Realtime Translation provider, it will set a time and place for a disciplinary hearing. The Division will notify the interpreter or Communication Access Realtime Translation provider of:

     (a) The specific complaint against the interpreter or Communication Access Realtime Translation provider;

     (b) The time and place set for the disciplinary hearing;

     (c) The date set for resolution of the complaint; and

     (d) The sanctions which the Division may impose for the conduct in which the interpreter or Communication Access Realtime Translation provider allegedly engaged.

     2.  The Division will serve the notice not less than 20 days before the date set for the disciplinary hearing, and will serve notice in the manner set forth in NAC 656A.630.

     3.  During a disciplinary hearing conducted pursuant to this section:

     (a) Formal rules of evidence will not be applied;

     (b) Proof of actual injury need not be established; and

     (c) The Division will consider a certified copy of the record of a court or a certifying body showing a conviction, plea of nolo contendere, or the suspension, revocation, limitation, modification, denial or surrender of certification to practice as an interpreter or Communication Access Realtime Translation provider as conclusive evidence of its occurrence.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010)

      NAC 656A.630  Disciplinary hearing: Requirements for service of notice. (NRS 656A.090, 656A.500)  The Division will cause the notice required pursuant to NAC 656A.620 to be made either in person or by registered or certified mail, return receipt requested, and addressed to the interpreter or Communication Access Realtime Translation provider, and the school district in which he or she works, if applicable, at the last known address of each person. If service cannot be made in person and if notice by mail is returned as undelivered, the Division will publish notice once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the interpreter or Communication Access Realtime Translation provider or, if no newspaper is published in the county, in a newspaper widely distributed in that county.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.640  Authorized disciplinary action; administrative fine; imposition of ban without written notice in emergency; decision of Division is final. (NRS 656A.090, 656A.500, 656A.510)

     1.  If the Division determines that an interpreter or Communication Access Realtime Translation provider has engaged in an activity for which disciplinary action is authorized pursuant to NAC 656A.600, the Division will issue an order:

     (a) Placing the interpreter or Communication Access Realtime Translation provider on probation with the Division for a specified period of time, according to any conditions set forth in the order;

     (b) Placing a limitation on the registration of the interpreter or Communication Access Realtime Translation provider;

     (c) Suspending the registration of the interpreter or Communication Access Realtime Translation provider for a specified period of time or until the Division orders his or her registration to be reinstated;

     (d) Revoking the registration of the interpreter or Communication Access Realtime Translation provider; or

     (e) Requiring the interpreter or Communication Access Realtime Translation provider to sign a plan of correction developed by the Division that:

          (1) Describes the actions to be taken by the interpreter or Communication Access Realtime Translation provider to correct deficiencies; and

          (2) Specifies the date by which those deficiencies must be corrected.

     2.  If the Division determines that an interpreter or Communication Access Realtime Translation provider has engaged in an activity for which disciplinary action is authorized pursuant to NAC 656A.600, the Division may issue an order imposing an administrative fine in accordance with NAC 656A.600. If the Division determines that an interpreter or Communication Access Realtime Translation provider has engaged in an activity for which disciplinary action is required pursuant to NAC 656A.600, the Division will issue an order imposing an administrative fine or suspending the registration of the interpreter or Communication Access Realtime Translation provider in accordance with NAC 656A.600.

     3.  An order of the Division which limits the ability of an interpreter or Communication Access Realtime Translation provider to provide interpreting or Communication Access Realtime Translation services or revokes his or her registration is effective from the date the Division certifies the order until the date the order is modified or reversed by the Division.

     4.  The Division may, in an emergency, impose a ban on an interpreter or Communication Access Realtime Translation provider and suspend his or her registration without notice or upon oral notice. In any case where sanctions are imposed without written notice, the Division shall provide written notice to the interpreter or Communication Access Realtime Translation provider within 48 hours after the imposition of the sanctions.

     5.  For the purposes of chapter 233B of NRS, a decision of the Division pursuant to this section is a final decision.

     6.  In addition to any other action, if the Division determines that an interpreter or Communication Access Realtime Translation provider is engaging in unlawful or unauthorized conduct, the Division will take any appropriate action authorized by law to prevent such conduct.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)

      NAC 656A.650  Application to remove limitation on registration or to restore or reinstate registration. (NRS 656A.090)

     1.  An interpreter or realtime captioning provider whose registration to engage in the practice of interpreting or Communication Access Realtime Translation has been limited, suspended or revoked pursuant to NAC 656A.640 may apply to the Division to remove the limitation or to restore or reinstate his or her registration.

     2.  Such an applicant has the burden of proving by clear and convincing evidence that the applicant has complied with all of the terms and conditions set forth in the final order of the Division and that the applicant is capable of practicing as an interpreter or realtime captioning provider with reasonable skill. The Division will not remove a limitation or restore or reinstate a registration pursuant to this section until it is satisfied that the applicant has met this burden of proof.

     3.  In addition to the requirements of subsection 2, an interpreter or Communication Access Realtime Translation provider whose registration has been suspended or revoked pursuant to NAC 656A.640 must submit an application to the Division pursuant to NAC 656A.220 and successfully complete the application process required of new applicants.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008)