TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 28 SIGNED
LANGUAGE INTERPRETERS
PART 1 GENERAL
PROVISIONS
16.28.1.1 ISSUING
AGENCY: Regulation and Licensing Department, Signed
Language Interpreting Practices Board
[16.28.1.1 NMAC - N, 7/21/2009]
16.28.1.2 SCOPE: Any
person licensed to practice interpreting.
[16.28.1.2 NMAC - N, 7/21/2009]
16.28.1.3 STATUTORY
AUTHORITY: These rules are promulgated
pursuant to the Signed Language Interpreting Practices Act, Section 61-34-1
through 61-34-17
[16.28.1.3 NMAC - N, 7/21/2009]
16.28.1.4 DURATION: Permanent
[16.28.1.4 NMAC - N, 7/21/2009]
16.28.1.5 EFFECTIVE
DATE: July 21, 2009 unless a later date is cited at
the end of this section.
[16.28.1.5 NMAC - N, 7/21/2009]
16.28.1.6 OBJECTIVE: The
objective of Part 1 is to set forth the provisions, which apply to all of
Chapter 28, and to all persons affected or regulated by Chapter 28 of Title 16.
[16.28.1.6 NMAC - N, 7/21/2009]
16.28.1.7 DEFINITIONS: As used in these regulations, the following
words and phrases have the following meanings, unless the context or intent
clearly indicates a different meaning:
A. Definitions beginning with “A”:
(1) “Accredited” means approved by the:
(a) New England association of schools and colleges;
(b) middle states association of colleges and secondary schools;
(c) north central association of colleges and schools;
(d) northwest association of schools and colleges;
(e) southern association of colleges and schools; or
(f) western association of schools and colleges.
(2) “ACET” refers to the associate
continuing education tracking system within registry of interpreters for the
deaf (RID).
(3) “Act” means the Signed
Language Interpreting Practices Act, Section 61-34-1 through 61-34-17 NMSA
1978.
(4) “Administrator” or “board
administrator” means the staff person assigned certain express or implied
executive and administrative functions of the board as defined by board
regulations or as required to carry out the provisions of the Signed Language
Interpreting Practices Act.
(5) “Adult” means all persons 18
years of age or older.
(6) “Annual compliance review” means an annual review conducted by the board ensuring that interpreters holding a provisional signed language interpreting license are in compliance with all requirements established by the statute and rules.
(7) “Applicant” means a person who
has completed all educational requirements of the eligibility requirements for
licensure and has submitted a complete application to the board. An applicant is seeking approval of their
application by the board to advance them to candidacy for licensure.
B. Definitions beginning with “B”:
(1) “BEI” means the board for evaluation of interpreters, which is a nationally-recognized testing and certifying body of signed language interpreters.
(2) “Board” means the
signed language interpreting practices board.
(3) “Board regulations” or
“regulations” means any part adopted by the board pursuant to authority under
the act and includes any superseding regulation.
C. Definitions beginning with “C”:
(1) “CEU” refers to
continuing education unit as is used by the registry of interpreters for the
deaf.
(2) “CMP” means the certification maintenance program as is used by the registry of interpreters for the deaf.
(3) “Community signed language interpreter” means an interpreter holding one or more certifications recognized by RID with the exception of educational certificate: K-12 (ED: K-12) and holding a community signed language interpreter’s license. A community signed language interpreter's license entitles its holder to provide signed language interpreting services in community, K-12 educational, and post-secondary educational settings as appropriate under the national association of the deaf - registry of interpreters for the deaf (NAD-RID) code of professional conduct.
(4) “Consumer” means a person
using the services of a signed language interpreter.
(5) “Confidential communication”
means a communication that is not intended to be disclosed to third persons
other than those present to further the interest of the person requiring the
interpreting.
(6) “Copy signing” means signing verbatim a comment or question for those who are not able to see the original signed message due to a visual obstruction.
D. Definitions beginning with “D”:
(1) “Deaf person” means a person who has either no
hearing or who has significant hearing loss.
(2) “Deaf-blind person” means a person who has either
no hearing or who has significant hearing loss and a significant vision loss.
(3) “Department” means the New Mexico regulation and
licensing department.
E. Definitions beginning with “E”:
(1) “Educational signed language interpreter” means an interpreter holding the ED: K-12 credential from the registry of interpreters for the deaf or meeting the criteria in Subsection D of 16.28.3.11 NMAC and holding an educational signed language interpreter’s license. An educational signed language interpreter’s license entitles its holder to provide signed language interpreting services in K-12 educational settings as appropriate under the NAD-RID code of professional conduct and in post-secondary education settings only for consumers currently enrolled in a secondary program and not earning college credit.
(2) “EIPA”
refers to the educational interpreter performance assessment, a diagnostic tool
that measures proficiency in interpreting for children or young adults in an
educational setting.
F. Definitions beginning with “F”: “Filed
with the board” means hand
delivered or postal mail received during normal business hours by the board
office in Santa Fe, New Mexico.
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with “H”: “Hard-of-hearing
person” means a person who
has either no hearing or who has significant hearing loss.
I. Definitions beginning with “I”:
(1) “Intern” means a student in training who is currently enrolled in an interpreter education program, interpreter preparation program, or a program of study in signed language interpreting at an accredited institution of higher learning approved by the board, and actively supervised by an interpreter holding a community or educational signed language interpreter license or a consumer of interpreting services approved by the institution in which the intern is enrolled.
(2) “Interpreter” means a person who practices signed
language interpreting.
(3) “Interpreter education program”
or “interpreter preparation program” means a post-secondary degree program of
at least two year’s duration accredited by the state or similar accreditation
by another state, district or territory; or a substantially equivalent
education program approved by the board.
(4) “Interpreting” means the process
of providing accessible communication between deaf, hard of hearing, or
deaf-blind persons and hearing persons, including communication between signed
language and spoken language and other modalities such as visual, gesture and
tactile methods, not to include written communication. A person is interpreting if the person advertises,
offers to practice, is employed in a position described as interpreting or
holds out to the public or represents in any manner that the person is an
interpreter in New Mexico
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”: “Licensee” means an interpreter who holds
a current license issued under the act and these rules.
M. Definitions beginning with “M”: [RESERVED]
N. Definitions beginning with “N”:
(1) “NAD” means the national
association of the deaf.
(2) “New Mexico administrative code” or
“NMAC”, Section 14-4-7.2 NMSA 1978 is the official compilation of current
rules filed by state agencies in accordance with New Mexico statutes.
(3) “New Mexico statutes annotated 1978
or NMSA 1978” is the official compilation of state laws.
O. Definitions beginning with “O”: “Open
Meetings Act” or “OMA”,
10-15-1 through 10-15-4 NMSA 1978 is the statutory provision requiring that
public business be conducted in full public view; providing guidelines
governing both public and closed meetings, and regulating the notice, agenda
and minutes of such meetings.
P. Definitions beginning with “P”:
(1) “Properly made application” means a completed application form for a
signed language interpreter license filed with the board that is complete in
all particulars and appears on its face to satisfy all minimum age, educational,
supervision, payment and other requirements for licensure as required by the
act and these regulations.
(2) “Provisional signed language interpreter” means an interpreter who holds a provisional signed language interpreter’s license. A provisional signed language interpreter’s license entitles its holder to provide signed language interpreting services in community and educational settings as appropriate under the NAD-RID code of professional conduct for a maximum of five years while working to satisfy the requirements for a community signed language interpreter’s license or an educational signed language interpreter’s license.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions beginning with “R”:
(1) “RID” refers to the
registry of interpreters for the deaf, which is a national association of
signed language interpreters.
(2) “Rule” means board regulations.
S. Definitions beginning with “S”:
(1) “State Rules Act”, Sections 14-4-1 through 14-4-11 NMSA 1978,
is the statutory provision that ensures that state agencies file with the state
records center and archives all rules and regulations including amendments or
repeals.
(2) “Statute” means a law that
governs conduct within its scope. A bill
passed by the legislature becomes a statute; and “statutory authority” means
the boundaries of the board’s lawful responsibility as laid out by the statute
that created it.
(3) “Substantial compliance” means sufficient compliance
with the statutes or rules so as to carry out the intent for which the statutes
or rules were adopted and in a manner that accomplished the reasonable
objective of the statutes or rules.
(4) “Supervised interpreter intern or student” means a
person who is currently enrolled in an interpreter education program,
interpreter preparation program, or a program of study in signed language
interpreting at an accredited institution of higher learning.
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”: “Uniform
Licensing Act” or “ULA”,
Section 61-1-1 through 61-1-3 NMSA 1978 is the statutory provision that governs
the major duties of the board in area of:
(1) procedures which must be followed to
accord due process to applicants for licensure and to licensees if the board
takes action against the licensee for acts of misconduct that would adversely
affect public health, safety and welfare, and
(2) rulemaking
procedures that the board shall follow in adopting valid regulations affecting
signed language interpreters.
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[16.28.1.7
NMAC - N, 07/21/09; A, 08/18/11; A, 01/15/14; A, 12/16/15; A, 6/18/2017; A, 3/27/2021]
16.28.1.8 BOARD
OPERATIONS:
A. Elections. At its annual meeting in July, the board
shall elect a chair and vice-chair.
B. Duties of officers. All board officers shall exercise authority
subject to the act, board regulations, and specific directions of the board.
(1) The chair shall preside at board
meetings and adjudicatory hearings unless another presiding officer is named by
the board. The chair may respond to
inquiries and correspondence, execute orders of the board in any pending
adjudicatory proceeding unless a hearing officer is appointed, or designate
another board member to sign decisions of the board, appoint board members to
formal committees, and provide direction to the board administrator on routine
matters to facilitate the efficient operation of board functions between
meetings.
(2) If the chair becomes vacant, the
vice chair shall serve as chair until a new chair is elected.
C. Vacancy. If the office of board chair becomes vacant,
the board shall elect a chair at the next meeting or any subsequent
meeting. If the office of vice chair
becomes vacant, the board may hold elections as it deems necessary and
advisable.
D. Duties of board administrator. The board administrator or designee shall at
all times perform those tasks directed by the board pursuant to those duties
prescribed by the act, board regulations, the ULA, Sections 61-1-1 through
61-1-33 NMSA 1978, and other applicable state laws. In addition, the board administrator shall
assume the role of custodian of records.
E. Board meetings. The board shall conduct meeting in an orderly
fashion, with due regard for each board member and the public. The board may refer to Robert’s Rules of
Order, Revised, when necessary and advisable.
F. Quorum. The board shall transact official business
only at a legally constituted meeting with a quorum present. A quorum shall consist of four (4) members.
G. Standards of practice committee. The board chair shall appoint a standards of practice committee consisting of at least one
board member.
H. Addressing the board. Except for proceedings to adopt, amend, or
repeal regulations in accordance with the ULA, Section 61-1-29 NMSA 1978, the board
at its sole discretion, may provide a reasonable opportunity for persons
attending an open meeting to address the board on an agenda item. The request to speak shall be timely made and
shall not delay or disrupt the board’s meeting.
No person shall be permitted to address the board on any pending or
concluded application, complaint, investigation, adjudicatory proceeding, or
matter in litigation, except to confer for the purpose of settlement or
adjudicatory proceeding, or matter in litigation, except to confer the purpose
of settlement or simplification of the issues.
Any public comment to the board shall be brief, concise, and relevant to
the agenda item. The board may limit the
total time allotted for comments and the time allotted to any person.
I. Telephone attendance. Pursuant to the OMA, Section 10-15-1 (C) NMSA
1978, a board member may participate in a meeting of the board by means of a
conference telephone or other similar communications equipment when it is
otherwise difficult or impossible for the member to attend the meeting in
person, and shall give advance notice to the board administrator an ample time
to arrange such accommodation.
J. Conflict of interest, recusal. Any board member who cannot be impartial in
the determination of a matter before the board and who cannot judge a
particular matter or controversy fairly on the basis of its own merits shall
not participate in any board deliberation or vote on the matter.
K. Confidentiality. Board members shall not disclose to any non-member
content of any executive session, or any other confidential matters that may be
the subject of an executive session or attorney-client privileged
communications except as ordered by a court of competent jurisdiction or where
the board knowingly and intentionally permits disclosure.
L. Code of conduct. Board members shall adhere to the standards
set forth in the Governmental Conduct Act, Section 10-16-1 through 10-16-18
NMSA 1978.
[16.28.1.8 NMAC - N, 7/21/2009; A, 8/18/2011]
16.28.1.9 BOARD
RECORDS:
A. Inspection of Public Records Act
IPRA. Public records shall be available
for inspection in accordance with the provisions of the IPRA, Section 14-2-1
through 14-2-12 NMSA 1978 and Section 61-9-5.1 NMSA 1978.
B. Removal. Public records shall not be removed from the
board office except by board member, board staff, or agents of the board for
official public business.
[16.28.1.9 NMAC - N, 07/21/09; A, 3/27/2021]
HISTORY OF 16.28.1 NMAC: [RESERVED]