New Mexico Register / Volume XXXIV, Issue 14 / July 31, 2023

 

 

This is an amendment to 16.28.7 NMAC, Section 7, 8, 9 and 10 effective 7/31//2023.

 

16.28.7.7               DEFINITIONS:

                A.            “License” means a license, registration, certificate of registration, certificate, permit or certification.

                B.            “Licensing fee” means a fee charged at the time an application for a professional or occupational license is submitted to the state agency, board or commission and any fee for the processing of an application for such license; “licensing fee’ does not include a fee for an annual inspection or examination of a licensee or a fee charged for copies of documents, replacement license or other expenses related to a professional or occupational license.

                C.            “Military service member”: means a person who is:

                                (1)           serving in the armed forces of the United States as an active duty member or in an active reserve component of the armed forces of the United States including the national guard, or surviving spouse of a member who at the time of the member’s death was serving on active duty; or

                                (2)           the spouse of a person who is serving in the armed forces of the United State or in an active reserve component of the armed forces of the United States, including the national guard, or a surviving spouse of a member who at the time of the member’s death was serving on active duty; or

                                (3)           the child of a person who is serving in the armed forces of the United States as an active duty member, or in an active reserve component of the armed forces of the United States, including the national guard; provided that the child is also a dependent of that person for federal income tax purposes; and

                D.            [(4)]        “Veteran” means a person who has received an honorable discharge or separation from military service.

[               D.            “Substantially equivalent” means the determination by the board that the education, examination, and experience requirements contained in the statutes and rules of another jurisdiction are comparable to, or exceed the education, examination, and experience requirements of the Signed Language Interpreting Practices Act Sections 61-34-1 through -17 NMSA 1978.]

[16.28.7.7 NMAC - N, 1/15/2014; A, 3/2/2022, A, 7/31//2023]

 

16.28.7.8               APPLICATION REQUIREMENTS:

                A.            Applications for registration shall be completed on a form provided by the board.

                B.            The completed application shall include the following information:

                                (1)           applicant’s full name;

                                (2)           current mailing address;

                                (3)           current electronic mail address, if any;

                                (4)           date of birth;

                                (5)           background check if required; and

                                (6)           proof as described in subsection C below.

                C.            The applicant shall provide the following satisfactory evidence:

                                (1)           applicant is currently licensed and in good standing in another jurisdiction, including a branch of the United States armed forces;

                                (2)           [applicant has met the minimal licensing requirements in that jurisdiction and the minimal licensing requirements in that jurisdiction are substantially equivalent to the licensing requirements for New Mexico;

                                (3)] the following documentation:

                                                (a)           a copy of military orders for military service members;

                                                (b)           a copy of military service member’s military orders and a copy of marriage license for spouses of military service members;

                                                (c)           for spouses of deceased military members: a copy of the decedent’s DD 214 and a copy of marriage license;

                                                (d)           for dependent children of military service members: a copy of military service member’s orders listing the dependent child, or a copy of military orders and one of the following: a copy of a birth certificate, military service member’s federal income tax return or other governmental or judicial documentation establishing dependency;

                                                (e)           for veterans (retired or separated): a copy of DD 214 showing proof of honorable discharge.

                D.            The license shall be issued by the board as soon as is practicable but no later than 30 days after a qualified military service member, spouse, dependent child, or veteran files a complete application and pays any required fees.

                E.            Military service members and veterans shall not pay, and the board shall not charge a licensing fee for the first three years for a license issued pursuant to this rule.

                F.            A license issued pursuant to this rule shall be valid for the time period that is specified in the Signed Language Interpreting Practices Act, Sections 61-34-1 to -17 NMSA 1978.

                G.            A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for renewal set forth in 16.28.7.11 NMAC , Section 61-34-10 NMSA 1978.  As a courtesy, the board will send, via electronic mail, license renewal notifications to licensees or registrants before the license expiration date to the last known electronic mail address on file with the board. Failure to receive the renewal notification shall not relieve the licensee or registrant of the responsibility of timely renewal on or before the expiration date.

                H.            Electronic signatures will be acceptable for applications submitted pursuant to Sections 14-16-1 through -19 NMSA 1978.

[16.28.7.8 NMAC - N, 1/15/2014; A, 3/2/2022, A, 7/31//2023]

 

16.28.7.9               FEES:

[               A.            The fee for application for community and educational license is $65.00.

                B.            The fee for application for provisional license is $40.00.

                C.            The fee for renewal of community and educational license is $50.00.

                D.            The fee for compliance review of provisional license is $25.00.]

                A.            The fee for renewal of community and educational license is $50.00.

                B.            The fee for compliance review of provisional license is $25.00.

[16.28.7.9 NMAC - N, 1/15/2014, A, 7/31//2023]

 

16.28.7.10             RENEWAL REQUIREMENTS:

                A.            A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for the issuance and for the renewal of a license pursuant to Chapter 61, Articles 2 through 34 NMSA 1978.

                                [(1)          an application for a community signed language interpreter license must also include: a copy of the applicant’s current registry of interpreters for the deaf (RID) membership card or verification letter from the registry of interpreters for the deaf RID member portal showing that the applicant holds one or more certifications recognized by the RID at the time of application for licensure with the exception of educational certificate: K-12 (ED: K-12); or

                                (2)           a copy of the applicant’s current BEI card showing one of the following certifications:

                                                (a)           BEI Advanced.

                                                (b)           BEI Master.

                                                (c)           BEI IV.

                                                (d)           BEI V.

                                                (e)           BEI Level IV Intermediary.

                                                (f)            BEI Level V Intermediary.

                                (3)           and a copy of the applicant’s current RID membership card or verification letter from the RID member portal showing that the applicant is an associate member for purposes of tracking continuing education units (CEU) requirements through the associate continuing education tracking (ACET) program as outlined in Subsection A of 16.28.2.9 NMAC;

                                (4)           an application for an educational signed language interpreter license must also include: proof of educational interpreters performance assessment (EIPA) rating of 4.0 - 5.0 and a copy of the applicant’s current registry of interpreters for the deaf RID membership card or verification letter from the RID member portal showing that the applicant holds the ED: K-12 certified member status by virtue of EIPA rating; or a copy of the applicant’s current RID membership card or verification letter from the registry of interpreters for the deaf RID member portal showing that the applicant holds one or more certifications currently recognized by the registry of interpreters for the deaf RID, or has passed the educational interpreter performance assessment (EIPA) with a score of 4.0 - 5.0, has passed the EIPA written test, and is an associate member of RID;

                                (5)           an application for a provisional signed language interpreter license must also include: proof of completion of an interpreter education program or interpreter preparation program at an accredited institution; or proof of employment as a community signed language interpreter or an educational signed language interpreter at the time the act became effective (June 15, 2007) and after the applicant reached the age of 18; and a copy of the applicant’s current registry of interpreters for the deaf RID membership card or verification letter from the registry of interpreters for the deaf RID member portal showing that the applicant is an associate member (for purposes of tracking continuing education units CEU requirements through the associate continuing education tracking (ACET) program as outlined in Subsection B of 16.28.2.9 NMAC.  If the applicant provides proof of completion of an interpreter education program or interpreter preparation program more than one year prior to their application for a provisional license, they must also submit a résumé and one professional letter of reference from an employer, internship supervisor, mentorship director, graduate school, or other applicable source documenting continued involvement in interpreting or the deaf community since the time of completion of the program.

                B.            Original and renewed community and educational license shall be valid for a period of two years.

                C.            Original and completed compliance reviewed provisional license shall be valid for a period of one year, not to exceed four consecutive annual compliance review cycles.

                D.            Prior to the expiration of the license, all licensed interpreters shall apply for license renewal and shall pay the renewal fee as set forth in 16.28.6.9 NMAC.]

                B.            A renewal application for a community signed language interpreter license must include:

                                (1)           proof of current registry of interpreters for the deaf (RID) certified member status showing that the licensee holds one or more certifications recognized by the RID at the time of renewal with the exception of educational certification K-12 (ED: K-12); or

                                (2)           a copy of the applicant’s current BEI card showing one of the following certifications:

                                                (a)           BEI Advanced;

                                                (b)           BEI Master;

                                                (c)           BEI IV;

                                                (d)           BEI V;

                                                (e)           BEI Level IV Intermediary; or

                                                (f)            BEI Level V Intermediary.

                C.            A renewal application for an educational signed language interpreter license must include:

                                (1)           proof of educational interpreters performance assessment (EIPA) rating 4.0-5.0: and

                                (2)           Proof of current RID certified member status showing that the licensee holds the ED: K-12 certified member status by virtue of EIPA rating; or

                                (3)           proof of current RID certified member status showing that the applicant hold one or more certifications currently recognized by the registry of interpreters for the deaf (RID); or

                                (4)           proof of an educational interpreter performance assessment (EIPA) rating of 4.0 - 5.0, proof of passing the EIPA written test, proof of satisfying the RID educational requirements, and proof of current RID associate member status.

                D.            A renewal application for a provisional signed language interpreters include:

                                (1)           proof of completion of an interpreter education program or interpreter preparation program in an accredited institution: or

                                (2)           proof of employment as a community signed language interpreter or an educational signed language interpreter at the time of the act became effective (June 15, 2007) and after the applicant reached the age of 18; and

                                (3)           proof of current registry of interpreters for the deaf (RID) associate member status for the purpose of tracking continuing education units (CEU) requirements through the associate continuing education tracking (ACET) program as outlined in Subsection B of 16.28.2.9 NMAC;

                                (4)           in lieu of completion of an interpreter training program deaf applicant may complete proof of having completed at least 40 hours of training in topics such as the fundamentals of interpreting, ethics and cultural responsiveness, and the NAD-RID Code of Professional Conduct;

                                (5)           if the applicant provides proof of completion of an interpreter education program or an interpreters preparation program more than three years prior to their application for provisional license, they must also submit a resume and one professional letter of reference from an employer, internship supervisor, mentorship director, graduate school, or other applicable source documenting continued involvement in interpreting or the deaf community since the time of completion of the program.

                E.            Original and renewed community and educational license shall be valid for a period of two years.

                F.             Original and completed compliance reviewed provisional license shall be valid for a period of one year, not to exceed four consecutive annual compliance review cycles.

                G.            Prior to the expiration of the license, all licensed interpreters shall apply for license renewal and shall pay the renewal fee as set forth in 16.28.6.9 NMAC.

[16.28.7.10 NMAC - N, 01/15/2014; A, 12/16/15; A, 6/18/2017; A, 3/27/2021, A, 7/31//2023]