TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 28 SIGNED
LANGUAGE INTERPRETERS
PART 3 APPLICATION
AND LICENSURE REQUIREMENTS
16.28.3.1 ISSUING
AGENCY: Regulation and Licensing Department, Signed
Language Interpreting Practices Board
[16.28.3.1 NMAC - N, 7/21/2009]
16.28.3.2 SCOPE: The
provisions of Part 3 apply to all applicants for licensure.
[16.28.3.2 NMAC - N, 7/21/2009]
16.28.3.3 STATUTORY
AUTHORITY: These rules are promulgated
pursuant to the Signed Language Interpreting Practices Act, Section 61-34-1
through 61-34-17.
[16.28.3.3 NMAC - N, 7/21/2009]
16.28.3.4 DURATION:
Permanent.
[16.28.3.4 NMAC - N, 7/21/2009]
16.28.3.5 EFFECTIVE
DATE: July 21, 2009 unless
a later date is cited at the end of this section.
[16.28.3.5 NMAC - N, 7/21/2009]
16.28.3.6 OBJECTIVE: The
objective of Part 3 is to establish requirements and procedures to apply for
licensure, to renew licenses, to place provisional licenses on inactive status,
to establish grounds for license denial, suspension, or revocation, and to
establish exemptions from licensure.
[16.28.3.6 NMAC - N, 7/21/2009]
16.28.3.7 DEFINITIONS: [RESERVED]
[Refer to 16.28.1.7
NMAC]
16.28.3.8 COMMUNITY
SIGNED LANGUAGE INTERPRETER 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 NAD-RID code of professional
conduct.
[16.28.3.8 NMAC - N, 7/21/2009]
16.28.3.9 EDUCATIONAL
SIGNED LANGUAGE INTERPRETER 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.
[16.28.3.9 NMAC - N, 7/21/2009; A, 6/18/2017]
16.28.3.10 PROVISIONAL
SIGNED LANGUAGE INTERPRETER 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.
An interpreter may hold a
provisional license and an educational license simultaneously, and is therefore
permitted to provide interpreting services in both educational settings and
appropriate community settings.
[16.28.3.10 NMAC - N, 7/21/2009; A, 6/18/2017]
16.28.3.11 APPLICATION FOR LICENSURE:
A. An
application for any license to be issued or renewed by the board shall be made
on the official form provided by the board for that purpose.
B. All
applications for licensure must include:
(1) a
completed and signed application;
(2) applicant
name;
(3) proof
of age indicating applicant is at least eighteen years of age (copy of birth
certificate, driver’s license, state issued identification card, or baptismal
certificate);
(4) mailing
address;
(5) business
address;
(6) phone
number;
(7) non-refundable
application fee as required by the board;
(8) photograph:
applicants for original licensure shall attach a recent color photograph,
front-view of face.
C. An
application for a community signed language interpreter license must also
include:
(1) proof of current RID certified status
showing that the applicant holds one or more certifications recognized by RID
at the time of application for licensure with the exception
of education certificates: 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 and.
D. An applicant for educational signed language
interpreter license must include:
(1) proof of educational interpreter
performance assessment (EIPA) rating 4.0 - 5.0; and
(2) proof of current RID certified member
status showing that applicant holds the ED: K-12 certified member status by
virtue of EIPA rating; or
(3) proof of current RID certified member
status showing that applicant holds one or more certifications currently
recognized by RID; or
(4) proof of an educational interpreter
performance assessment (EIPA) rating 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.
E. An application for a provisional signed
language interpreters license must include:
(1) proof of completion of an interpreter
education program or interpreter preparation program at an accredited
institution; or
(2) 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
(3) proof of current 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 proof of completion of
an interpreter training program, deaf applicants may submit proof of having
completed at least 40 hours of training in topics such as 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 interpreter preparation
program more than three years prior to their application for a 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.
F. If
an applicant submits an incomplete license application
they will be requested to submit any missing documentation; failure to do so
within six months of receipt of the original application will result in the
application file being closed. After the
file has been closed, the applicant will be required to submit a new
application and application fee to apply again.
G. “Electronic Applications” In accordance
with Section 14-16-1 thru 14-16-21 NMSA 1978 of the Uniform Electronic Transactions
Act, the board or its designee will accept electronic applications.
(1) Any
person seeking a New Mexico signed language interpreting license may do so by
submitting an electronic application.
Applicants are required to also submit all required information as
stated in 16.28.3.11 NMAC.
(2) Any
licensee may renew their license electronically through a designated website
provided by the board. All license
holders renewing their signed language interpreting license are also required
to submit all documentation as stated in 16.28.3.17 NMAC.
(3) Any
person whose license has been expired may apply electronically to the board for
renewal of the license at any time within 60 days of the expiration. Any
persons seeking renewal are also required to submit all supporting documents as
stated in 16.28.3.17 NMAC.
(4) Any
person whose license has been lapsed may apply electronically to the board for
reinstatement of the license at any time.
Any persons seeking reinstatement are also required to submit all
supporting documents as stated in 16.28.3.17 NMAC.
H. “Electronic Signatures” Electronic
signatures will be acceptable for applications submitted pursuant to Sections
14-16-1 through 14-16-19 NMSA 1978.
I. “Administrative
Errors” In the event that a community or educational license is issued due
to an administrative error, and if the Interpreter is qualified for a
provisional license, the permitted five years for the provisional license shall
began at the time of the issuance of the erroneously issued license.
[16.28.3.11 NMAC - N, 07/21/2009; A,
08/18/2011; A, 01/15/2014; A, 12/16/2015; A, 6/18/2017; A, 3/27/2021, A, 7/31/2023]
16.28.3.12 REQUIREMENTS FOR A LICENSE FOR A COMMUNITY SIGNED LANGUAGE INTERPRETER: A license for a community signed language
interpreter shall be granted to a person who:
A. files
a completed application that is accompanied by the required fees; and,
B. submits
satisfactory evidence that the person:
(1) has
reached the age of majority;
(2) is
of good moral character;
(3) has
completed all educational requirements established by the board;
(4) holds active certification as outlined in Subsection C of 16.28.3.11 NMAC; and
(5) complies
with the registry of interpreters for the deaf (RID) certification maintenance
program (CMP).
[16.28.3.12 NMAC - N, 07/21/09; A, 08/18/11; A,
3/27/2021]
16.28.3.13 REQUIREMENTS FOR A LICENSE FOR AN
EDUCATIONAL SIGNED LANGUAGE INTERPRETER: A license for an educational
signed language interpreter shall be granted to a person who:
A. files
a completed application that is accompanied by the required fees; and,
B. submits
satisfactory evidence that the person:
(1) has
reached the age of majority;
(2) is
of good moral character;
(3) has
completed all educational requirements established by the board;
(4) meets
credential requirements outlined in Subsection C of 16.28.3.11 NMAC; and
(5) complies
with the registry of interpreters for the deaf (RID) certification maintenance
program (CMP).
[16.28.3.13 NMAC - N, 07/21/09; A, 08/18/11;
A, 6/18/2017; A, 3/27/2021]
16.28.3.14 REQUIREMENTS FOR A ONE-TIME, FIVE-YEAR
PROVISIONAL LICENSE TO A PERSON NOT MEETING THE COMMUNITY SIGNED LANGUAGE
INTERPRETER OR EDUCATIONAL SIGNED LANGUAGE INTERPRETER REQUIREMENTS FOR
LICENSURE: A one-time, five-year provisional license
shall be granted to a person who:
A. files
a completed application that is accompanied by the required fees; and
B. has
completed an interpreter education program or interpreter preparation program
at an accredited institution; or
C. provides
verifiable documentation that they were employed as a community signed language
interpreter or an educational signed language interpreter at the time the act
became effective on June 15, 2007 and that the
applicant had reached the age of 18 at the time;
D. provides
proof of associate membership in the registry of interpreters for the deaf
(RID) (for purposes of meeting the CEU requirements outlined in Subsection B of
16.28.2.9 NMAC).
E. 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.
[16.28.3.14 NMAC - N, 7/21/2009; A, 8/18/2011;
A, 1/15/2014; A, 6/18/2017]
16.28.3.15 [RESERVED]
[16.28.3.15 NMAC - N, 7/21/2009; A, 8/18/2011;
Repealed, 1/15/2014]
16.28.3.16 LICENSE
EXPIRATION:
A. Community signed language interpreter licenses expire two years from the last day of the month in which they were issued.
B. Educational signed language interpreter licenses expire two years from the last day of the month in which they were issued.
C. Provisional signed language interpreter licenses expire five years from the last day of the month in which they were issued, but are subject to an annual compliance review. Revocation proceedings may be initiated by the board if the holder of a provisional license fails to pass the annual compliance review each year by the last day of the month in which the license was issued.
[16.28.3.16 NMAC - N, 07/21/09; A, 01/15/14; A,
3/27/2021]
16.28.3.17 LICENSE
RENEWAL:
A. A licensee may renew a community signed language
interpreter license or an educational signed language
interpreter license every two years by:
(1) submitting a completed renewal
application provided by the board that is accompanied by the required fees; and
(2) submitting the continuing education
requirements as specified in 16.28.2.9 NMAC.
B. A licensee must complete the mandatory annual compliance
review for a provisional interpreter license four consecutive times by:
(1) submitting a completed compliance
review application provided by the board that is accompanied by the required
fees; and
(2) submitting the continuing education
requirements as specified in 16.28.2.9 NMAC.
C. If a community or educational
license is not renewed by the expiration date, the license shall be considered
expired, and the licensee shall refrain from practicing. The licensee may renew within a sixty-day
grace period, which begins the first day the license expires, by submitting payment
of the renewal fee and late fee and complying with all renewal
requirements. Upon renewal of the
license, the licensee may resume practice.
D. If a provisional license does not complete the annual
compliance review by the due date, the license shall be considered expired, and
the licensee shall refrain from practicing.
The licensee may complete the review within a 60-day grace period, which
begins the first day the license expires, by submitting payment of the
compliance review fee and late fee and complying with all compliance review requirements. Upon passing the compliance review, the
licensee may resume practice.
E. Any person whose license has lapsed may apply to the
board for reinstatement of the license.
(1) In
making application for reinstatement of a provisional license, the applicant
must state why the license should be reinstated and should specifically set
forth an explanation of why the license lapsed and how changed circumstances
would justify reinstatement.
Documentation must be provided.
(2) Any
licensed interpreter applying for reinstatement of a provisional license must submit an application fee as set forth in 16.28.6.8 NMAC and provide
proof of attendance of continuing education hours as set forth in 16.28.2.9 NMAC for each year of
lapse.
(3) Provisionally
licensed interpreters will still be limited to a total of five years from the
time the initial license was granted.
(4) Any
licensed interpreters applying for reinstatement of a community or educational
license who moved away from the state of New Mexico and maintained
certification during the lapse shall be granted a license. Those who remained in the state of New Mexico
must state why the license should be reinstates and should specifically set
forth an explanation of why the license lapsed and how changed circumstances
would justify reinstatement.
Documentation must be provided.
(5) If
the board approves the reinstatement application, the original license number
will be issued to the applicant.
[16.28.3.17 NMAC - N, 07/21/09; A, 08/18/11;
A, 01/15/14; A, 3/27/2021]
16.28.3.18 INACTIVE
STATUS FOR PROVISIONAL LICENSEES:
A. A provisional licensee whose license is in good standing
with the board may request their license to be placed on inactive status for
the purpose of pursuing education or training that will assist the licensee in
obtaining licensure as a community signed language interpreter or an
educational signed language interpreter by meeting the following requirements.
(1) Complete, sign, and return the
inactive status application form provided by the board, specifying the intent
to be placed on inactive status.
(2) Submit verifications for the required
number of continuing education hours.
(3) Return the application postmarked on
or before the license expiration date.
B. Inactive status notification: Upon receipt of a duly and
properly made application for inactive status, the board or its designee will
review and approve the application and send the licensee written verification
that the license has been placed on inactive status.
C. During the period of inactive status, the licensee is
prohibited from practicing signed language interpreting in the state of New
Mexico and must be actively working toward obtaining licensure as a community
signed language interpreter or an educational signed language interpreter.
D. Reporting requirement: any licensee
who has placed their license on inactive status must submit
transcripts to the board by June 30 of every year as verification of the
licensee’s pursuit of education or training to obtain licensure.
E. Notification of intent to reactivate license: Any
licensee who has placed their license on inactive status may, within five
years from the official date their license was placed on inactive status, notify the board in writing of their
desire to practice in New Mexico. The applicant shall provide the following
information:
(1) a New Mexico license number;
(2) the applicants
full name;
(3) the applicants home address and phone
number;
(4) the date the applicant’s license was
originally issued;
(5) the date the applicant’s license was
placed on inactive status;
F. Reactivation process: Upon receipt of the written
request, the board shall place the licensee on active status once the licensee
submits approved continuing education hours required for activation of their
license.
[16.28.3.18 NMAC - N, 7/21/2009; A, 6/18/2017]
16.28.3.19 EXEMPTIONS:
A. The Signed Language Interpreting Practices Act does not
apply to:
(1) nonresident interpreters working in
New Mexico less than thirty calendar days per year;
(2) interpreting in religious or
spiritual settings;
(3) interpreting in informal settings for
friends, families or guests;
(4) interpreting in emergency situations
where the deaf, hard of hearing or deaf-blind person or that person’s legal
representative decides that the delay necessary to obtain a licensed interpreter
is likely to cause injury or loss to the consumer;
(5) the activities or services of a
supervised interpreter intern or student in training who is 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;
(6) multilingual interpreting in order to accommodate the personal choice of the consumer.
B. Nonresident interpreters must contact the board administrator
via email prior to providing interpreting services in New Mexico, regardless of
the number of hours of service they provide each time.
(1) Interpreters must provide the
following for the purpose of tracking the number of days services are provided
in New Mexico:
(a) Name.
(b) Address.
(c) Email Address.
(d) Credentials (a copy of their current
RID card or other credential).
(e) Date(s) and city or cities in which
services will be provided.
(2) This exemption is for interpreters
living outside of New Mexico and providing occasional services within the
state. It is not for use by interpreters
in the process of moving to New Mexico temporarily or permanently.
C. Interpreter interns must contact the board administrator
via email at the beginning of their internship period and provide the
following:
(1) Name.
(2) Address.
(3) Email address.
(4) Institution at which they are
enrolled.
(5) Name of program internship
coordinator.
(6) Anticipated date of graduation.
[16.28.3.19 NMAC - N, 07/21/09; A, 08/18/11;
A, 12/16/15; A, 6/18/2017; A, 3/27/2021]
16.28.3.20 LICENSE DENIAL, SUSPENSION, OR
REVOCATION:
A. In
accordance with procedures contained in the Uniform Licensing Act, Section 61-1-1 NMSA 1978, the board may deny, revoke or suspend a license held or
applied for under the Signed Language Interpreting Practices Act, upon grounds
that the licensee or applicant:
(1) is guilty of fraud or deceit in procuring or attempting to procure a license;
(2) is guilty of gross incompetence;
(3) is guilty of unprofessional or unethical conduct as defined by rule of the board;
(4) uses untruthful or misleading advertising;
(5) is habitually or excessively using controlled substances or alcohol to such a degree the licensee or applicant is rendered unfit to practice as a signed language interpreter pursuant to the Signed Language Interpreting Practices Act;
(6) has violated the Signed Language Interpreting Practices Act;
(7) is guilty of aiding and abetting a person not licensed to practice signed language interpreting pursuant to the Signed Language Interpreting Practices Act; or
(8) as evidenced by a certified copy of the record of jurisdiction, has had a license, certificate or registration to practice signed language interpreting revoked, suspended or denied in any state or territory of the United States for actions pursuant to this section.
B. Disciplinary proceedings may be initiated by a complaint of a person, including members of the board, and shall conform with the provisions of the Uniform Licensing Act.
C. A
person filing a complaint shall be immune from liability arising out of civil
action if the complaint is filed in good faith and without actual malice.
D. In the event that
a community or educational license is issued in error and if the interpreter is
qualified for a provisional license the permitted five years for the
provisional license shall began at the time of the issuance of the improperly
issued license.
E. In the event that an interpreter fails to maintain the
certification qualifying them for the license they hold, they must inform the
board immediately. Their license will
automatically be revoked and must be relinquished until certification is
restored.
F. An
interpreter whose community of educational license has lapsed or has been
revoked is not eligible for a provisional license.
[16.28.3.20 NMAC - N, 12/16/15; A, 2/29/16;
A, 6/18/2017; A, 3/27/2021]
HISTORY OF 16.28.3 NMAC: [RESERVED]