An Interpreter's License is a state-issued "permit" that is required in order to set up practice in the state of New York. The State may establish rules and regulations for obtaining this license. The goal of Licensing is to set a minimum standard of quality that all interpreters must meet or exceed in order to practice in NY state.

Certification is a credential awarded to interpreters by one of two national, professional organizations: the Registry of Interpreters for the Deaf (RID), or the National Association of the Deaf (NAD). Certification demonstrates that an interpreter has met or exceeded the minimum standards of quality set by RID or NAD.

Licensing establishes a minimum standard in order to prevent unskilled people from interpreting. Unqualified interpreters may unwittingly endanger their consumers. Poor interpreting services can lead to miscommunication resulting in inappropriate medical care, denial of social services, loss of jobs & opportunities, legal entanglements, and generally, further disenfranchisement for Deaf consumers.

New York has already established minimum standards for interpreters working in legal and educational settings. Outside of those two venues, interpreting services remain unregulated. Any person calling him/herself an Interpreter may set up practice and charge for their services. Many people interpreting in our communities lack credentials, training, and skill.

When Licensing laws go into effect, anyone found guilty of rendering services unlawfully will be subject to penalties including fines and/or imprisonment.

The details of what the law will require are still up for discussion. Minimum requirements might include: Attaining certification by RID or NAD or passing a skills-based test designed by the State; Completing an Interpreter Education Program; Completing an Associate or Bachelor degree. The law may set a minimum age requirement and may also require interpreters to have a clean criminal record. In short, the law can require any proof of competence or trustworthiness that the State feels is necessary to protect consumers from the harm of faulty interpretation.

The law will probably establish two levels of licensing--provisional and permanent. Recent graduates may be required to meet certain minimum standards to obtain a Provisional License; they will then have a limited amount of time to obtain a Permanent License. This system is similar to the licensing procedures that apply to teachers.

The State will designate an agency to take on the responsibility of creating a Licensing Board. The Board will then be responsible for determining the details of how to administer the law. For example, the law may state that interpreters must be 'qualified,' but the Board will actually define what 'qualified' means; the Board will establish the criteria or minimum standards that interpreters must meet.

The Licensing Board will probably be under the Office of Professions in the State Education Department. The Office of Professions will assign a representative of the State to select the Board. The law will recommend that the Board consist of interpreters, Deaf consumers, interpreter educators, and others who have a personal interest in quality assurance for the interpreting profession.

The Board will determine which interpreting skill exam or exams should be used to set an acceptable minimum standard. The board might also rank interpreter skill levels and determine the types of jobs appropriate for each skill level. For example: Where can a beginner work? What level of skill does an interpreter need to work in a hospital setting? a post-secondary setting? etc.. The Board will also determine: the procedures for applying for a License; the requirements for obtaining Provisional and Permanent Licenses; the regulations regarding Temporary Permits; and the fees to be charged for licensing. Finally, the Board will establish grievance procedures, steps for revoking a License, and requirements for maintaining a License.

The law will not apply to interpreters in religious settings. Educational (PreK-12) and legal interpreters will be subject to the existing laws that already regulate them in their settings. The new licensing law, then, will apply to interpreters in every other (currently unregulated) community/ post-secondary educational setting. Interpreters who work in multiple settings must comply with the laws appropriate to each setting.

No. It is important to remember, though, that interpreters work for both Deaf and hearing consumers, and that both consumers deserve the assurance that their interpreter has at least met minimum competency standards. Unlicensed individuals are unstandardized and unregulated; their degree of competence is unknown and if their interpretation is faulty and results in harm, the consumers involved have no formal means of recourse. This is the very situation that the law is seeking to remedy. Interpreting is a profession that needs to be regulated in order to ensure at least a minimum standard of quality. Licensing affords both a measure of quality assurance and a means of legal recourse in the event that a mis-interpretation causes harm. This is the protection that both Deaf and hearing consumers deserve.

Yes! Currently, Missouri, South Dakota, Rhode Island, and Kentucky have broad licenses regulating all interpreters. Many states, including New York, have laws for educational and legal interpreters. Most states are in the process of establishing broad and inclusive licensing laws. To view the laws that apply to each state, check out the comprehensive list on the Virginia RID website.

On a final note, legislating licensing requirements is a long process. We need feedback from everyone. If this document has not answered your questions, please contact us. We are available to come to your area to talk with your local groups.