Title 201 | Chapter 039 | Regulation 120REG
PROPOSED
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PREVIOUS VERSION
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BOARDS AND COMMISSIONS
Board of Interpreters for the Deaf and Hard of Hearing
(Amendment)
201 KAR 39:120.Code of ethics.
Section 1.
A licensee(1)
A licensee shall keep all service-related(a)
All information(b)
All information about a consumer that is received from other licensees(c)
The licensee(2)
A licensee shall faithfully convey the content and spirit of the speaker using language most readily understood by the persons whom they serve. Every interpretation shall be faithful to the message of the source text. A faithful interpretation should not be confused with a literal interpretation. The fidelity of an interpretation includes an adaptation to make the form, the tone, and the deeper meaning of the source text felt in the target language and culture.(3)
A licensee shall possess the knowledge and skills to support accurate and appropriate interpretation. A licensee works in a variety of settings and with a wide range of consumers and therefore shall be adept at meeting the linguistic needs of consumers, the cultural dynamics of each situation, and the spirit and content of the discourse.(4)
A licensee shall not counsel, advise or interject personal opinions.(a)
A licensee(b)
A licensee(c)
The licensee(5)
A licensee shall accept a request for services(a)
Licensees shall approach requests for services with respect and cultural sensitivity towards all participants.(b)
When a request for services demands an additional deaf or hearing licensee, a licensee shall not accept the request, or continue with the services if it has been initially accepted, until the additional deaf or hearing licensee is included in the professional interpreting team.(a)
(c)(b)
A licensee(6)
Prior to accepting an engagement for services, a licensee shall advise the party responsible for payment of the services to be provided of the amount of compensation to be charged for the services.(7)
A licensee shall not advertise the licensee's(8)
A licensee shall function in a manner appropriate to the situation. A licensee(9)
Section 2.
MARVA JOHNSON, Chair
APPROVED BY AGENCY: June 12, 2024
FILED WITH LRC: June 12, 2024 at 4:20 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 27, 2024, at 11:00 a.m., at the Mayo-Underwood Building, Room 127CW, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person by using the PPC public comment portal at the address listed below.
CONTACT PERSON: Sara Boswell Janes, Staff Attorney III, Department of Professional Licensing, Office of Legal Services, 500 Mero Street, 2 NC WK#2, phone (502) 782-2709, fax (502) 564-4818, email Sara.Janes@ky.gov, link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation creates a code of conduct for interpreters.
(b) The necessity of this administrative regulation:
This regulation creates a code of conduct for interpreters.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations generally.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation creates a code of conduct for interpreters.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment strengthens ethical standards by requiring licensees to meet the standards of their national certifying body in addition to those of the Board and clarifies standards when team interpreting is needed. The amendments include housekeeping to use the term "licensee" rather than "interpreter" and strike the word "assignment" and replace it with "services".
(b) The necessity of the amendment to this administrative regulation:
This amendment strengthens ethical standards by requiring licensees to meet the standards of their national certifying body in addition to those of the Board.
(c) How the amendment conforms to the content of the authorizing statutes:
The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations generally related to the practice of interpreting.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will incorporate the current application for licensure form. This amendment strengthens ethical standards by requiring licensees to meet the standards of their national certifying body in addition to those of the Board.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are 533 full and 45 temporarily licensed interpreters.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Licensees will need to meet the ethical standards of the national certifying bodies to which they belong.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The board does not anticipate any cost to the applicants affected by the amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The profession will be stronger as licensees will be required to comply with additional ethical standards in some instances.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs will be incurred by the changes.
(b) On a continuing basis:
No new costs will be incurred by the changes.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The board’s operations are funded by fees paid by credential holders and applicants.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No fees will be required to implement this administrative regulation amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
This regulation does not distinguish between similarly situated individuals on the basis of any factor.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 309.304, KRS 309.312.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Interpreters for the Deaf and Hard of Hearing is an administrative body created by KRS 309.302 and the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
Unknown.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in expenditures, revenues or cost savings to local entities in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
There are no other regulated entities not otherwise listed.
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is no anticipated fiscal impact to this administrative regulation.
(b) Methodology and resources used to determine the fiscal impact:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
BOARDS AND COMMISSIONS
Board of Interpreters for the Deaf and Hard of Hearing
(Amendment)
201 KAR 39:120.Code of ethics.
Section 1.
A licensee shall abide by the following standards of professional and ethical conduct:(1)
A licensee shall keep all service-related information strictly confidential. From the moment of accepting the service, the licensee holds a trustworthy relationship with the consumer, in which the licensee is bound to confidentiality.(a)
All information shall be considered confidential. This applies whether the licensee accepts or declines the request for services.(b)
All information about a consumer that is received from other licensees shall be considered confidential and shall be exchanged in a manner which protects both the consumer and the service.(c)
The licensee shall comply with the requirements of KRS 620.030 by reporting to the proper authorities the dependency, neglect, or abuse of a child if the licensee reasonably believes that the dependency, neglect, or abuse of a child is ongoing or has occurred.(2)
A licensee shall faithfully convey the content and spirit of the speaker using language most readily understood by the persons whom they serve. Every interpretation shall be faithful to the message of the source text. A faithful interpretation should not be confused with a literal interpretation. The fidelity of an interpretation includes an adaptation to make the form, the tone, and the deeper meaning of the source text felt in the target language and culture.(3)
A licensee shall possess the knowledge and skills to support accurate and appropriate interpretation. A licensee works in a variety of settings and with a wide range of consumers and therefore shall be adept at meeting the linguistic needs of consumers, the cultural dynamics of each situation, and the spirit and content of the discourse.(4)
A licensee shall not counsel, advise or interject personal opinions.(a)
A licensee shall remain neutral, impartial, and objective. If the licensee is unable to put aside personal biases or reactions which threaten impartiality, the licensee is under an obligation to examine options and take actions to remedy the situation.(b)
A licensee shall refrain from altering a message for political, religious, moral, or philosophical reasons, or for any other biased or subjective considerations.(c)
The licensee shall advise the consumer that the licensee assumes a position of neutrality in the relationship between all parties during an interpreting service. The licensee shall not become personally involved in the issues or persons present at the interpreting service.(5)
A licensee shall accept a request for services using discretion with regard to skill, setting, and the consumers involved.(a)
Licensees shall approach requests for services with respect and cultural sensitivity towards all participants.(b)
When a request for services demands an additional deaf or hearing licensee, a licensee shall not accept the request, or continue with the services if it has been initially accepted, until the additional deaf or hearing licensee is included in the professional interpreting team.(c)
A licensee shall refrain from accepting a request for services where family members, personal or business associations may affect impartiality. In an emergency situation, a licensee may provide services for family members, friends or business associates, and the licensee shall guard against allowing personal involvement to affect the licensee's ability to interpret impartially. If the licensee is unable to be impartial, the licensee shall inform the parties involved and may assist in finding another licensee.(6)
Prior to accepting an engagement for services, a licensee shall advise the party responsible for payment of the services to be provided of the amount of compensation to be charged for the services.(7)
A licensee shall not advertise the licensee's services in a false, deceptive or misleading manner.(8)
A licensee shall function in a manner appropriate to the situation. A licensee shall become familiar with the anticipated discussion topic, type of activity, level of formality, expected behaviors, and possible presentational materials prior to commencement of the service.MARVA JOHNSON, Chair
APPROVED BY AGENCY: June 12, 2024
FILED WITH LRC: June 12, 2024 at 4:20 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 27, 2024, at 11:00 a.m., at the Mayo-Underwood Building, Room 127CW, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person by using the PPC public comment portal at the address listed below.
CONTACT PERSON: Sara Boswell Janes, Staff Attorney III, Department of Professional Licensing, Office of Legal Services, 500 Mero Street, 2 NC WK#2, phone (502) 782-2709, fax (502) 564-4818, email Sara.Janes@ky.gov, link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation creates a code of conduct for interpreters.
(b) The necessity of this administrative regulation:
This regulation creates a code of conduct for interpreters.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations generally.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation creates a code of conduct for interpreters.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment strengthens ethical standards by requiring licensees to meet the standards of their national certifying body in addition to those of the Board and clarifies standards when team interpreting is needed. The amendments include housekeeping to use the term "licensee" rather than "interpreter" and strike the word "assignment" and replace it with "services".
(b) The necessity of the amendment to this administrative regulation:
This amendment strengthens ethical standards by requiring licensees to meet the standards of their national certifying body in addition to those of the Board.
(c) How the amendment conforms to the content of the authorizing statutes:
The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations generally related to the practice of interpreting.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will incorporate the current application for licensure form. This amendment strengthens ethical standards by requiring licensees to meet the standards of their national certifying body in addition to those of the Board.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are 533 full and 45 temporarily licensed interpreters.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Licensees will need to meet the ethical standards of the national certifying bodies to which they belong.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The board does not anticipate any cost to the applicants affected by the amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The profession will be stronger as licensees will be required to comply with additional ethical standards in some instances.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs will be incurred by the changes.
(b) On a continuing basis:
No new costs will be incurred by the changes.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The board’s operations are funded by fees paid by credential holders and applicants.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No fees will be required to implement this administrative regulation amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
This regulation does not distinguish between similarly situated individuals on the basis of any factor.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 309.304, KRS 309.312.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Interpreters for the Deaf and Hard of Hearing is an administrative body created by KRS 309.302 and the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
Unknown.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in expenditures, revenues or cost savings to local entities in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
There are no other regulated entities not otherwise listed.
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is no anticipated fiscal impact to this administrative regulation.
(b) Methodology and resources used to determine the fiscal impact:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.