June 29, 2007 - LANSING -
Governor Jennifer M. Granholm signed legislation that
requires the use of qualified sign language interpreters who possess state or
national certification in all accommodations required under the Americans with
Disabilities Act of 1990 (ADA), making the scope of Michigan's law comparable
to the federal law. Approximately 1.4
million Michigan citizens are deaf or hard of hearing.
"We're
ending the confusion, frustration, and errors that are so often experienced by
the deaf and hard of hearing in important life situations due to misinterpreted
information," said Granholm. "Equal access to accurate communication is a basic
civil right of us all."
Under Public Act 23 (Senate Bill 25) and Public
Act 24 (House Bill 4208) employers, state and local governments, and businesses
providing a variety of services to the public are now obligated to provide for
effective communication. Such entities include public and private schools and
colleges; doctors' offices, hospitals and pharmacies; banks, hotels,
restaurants and theatres. Reasonable
notice is required if a qualified interpreter is needed.
PAs 23 and 24 amend the Deaf Persons' Interpreters Act (PA 204
of 1982) which limited the application of interpreter standards to court and
administrative hearings and was not sufficiently clear on the standards. PA 23 now defines a "qualified" interpreter
as a person who is certified through the National Registry of Interpreters for
the Deaf or by the Division of Deaf and Hard of Hearing (DODHH) in the
Department of Labor & Economic Growth (DLEG).
"I'm pleased to sign legislation that sets
universal standards of excellence for qualified interpreters and protects our
citizens from unqualified practitioners," Granholm said.
If an entity willfully fails to provide an
interpreter when one is required or an unqualified interpreter is provided, the
business or entity may be subject to a civil fine. Individuals who misrepresent
themselves as qualified interpreters would be guilty of a misdemeanor and
punishable by imprisonment and/or a fine. Individuals who violate the law are subject to rejection of their
application for certification, or revocation, suspension, or limitation of
certification.
PA
24 grants rulemaking authority to the DODHH, including establishing rules on
minimum credential requirements and levels, minimum standards of practice, and
continuing education. Rules must be
coordinated with the Michigan Department of Education and the Michigan
Administrative Rules for Special Education for the purpose
of increasing interpreter qualifications, improving educational services to
deaf and hard of hearing students, increasing the supply of qualified
interpreters by promoting interpreting as a profession, and increasing the
number of training programs.
Michigan becomes one of only a
few states to recognize the interpreting field for the skills and credentials
it requires and make qualified interpreters mandatory in a broader range of situations. These factors serve the state well in
attracting qualified interpreters to Michigan as well as training
more people who want to become interpreters.
"This
brings significant job growth opportunities to the state," said Keith W.
Cooley, director of DLEG. "We're already
in short supply of qualified interpreters and the demand for services is
growing."
According
to a 2006 study "Supply & Demand for Interpreters for the Deaf in Michigan"
conducted by Public Policy Associates, Inc., in consultation with DODHH and the
Michigan Department of Education (available
online at www.mcdc-dodhh.org) the demand for
interpreters will grow over the next 25 years and it will take 15-20 years to close
the gap between the supply and demand of interpreters. Factors contributing to the demand include:
the aging of the deaf and hard of hearing population; the growing need for
interpreters in health care settings; expansion of video relay service (VRS)
and other new communication services for the deaf and hard of hearing; and the
impact of the No Child Left Behind Act, the ADA, and the Educational Interpreters
Proficiency Assessment guidelines.
To
meet the demand, interpreters in the future will need to be better educated,
possess more specialized skills, and will be required to meet more stringent
certification criteria. The study found
that 30 percent of interpreters in Michigan are not certified at
all.
Currently
there are approximately 531 state or nationally
certified interpreters in Michigan; 450 state certified
interpreters are eligible to renew certification this year. Interpreters who possess Michigan Quality
Assurance Certification at levels, I, II, or III are considered qualified until
that certification status expires. Such
a certificate may be renewed annually until it expires and retesting is
required. Interpreters who currently
hold national certification recognized by DODHH must be issued a state
certification upon filing a completed application and paying applicable
fees.
Senate
Bill 25 and identical bill, House Bill 4208 were sponsored by Senator John
Gleason (District 27, Genesee County) and Representative
Dudley Spade ( District 57, Lenawee County) respectively.
Contact: Janet Jurus, State Interpreter, DODHH: (517)
335-6004 Voice/TTY; or (877) 499-6232 Voice/TTY/F toll free. Visit the DODHH website at www.mcdc-dodhh.org. To view PA 23 and PA
24 go to www.michiganlegislature.org.