The practice of
interpreting and the practice of realtime captioning are hereby declared
to be learned professions, affecting public health, safety and welfare,
and are subject to regulation to protect the general public from the
practice of interpreting and the practice of realtime captioning by
unqualified persons.
(Added to NRS by 2001, 1772 ; A 2005, 965 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 656A.030
to 656A.065 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2001, 1771 ; A 2005, 965 )
“Communication Access Realtime
Translation” and “realtime captioning” mean the immediate, verbatim
translation of the spoken word into English text using a stenographic
machine or voice recognition software, and a computer and realtime
captioning software.
(Added to NRS by 2005, 964 )
“Interpreter” means a person
who is qualified to engage in the practice of interpreting in this state
pursuant to NRS 656A.100 .
(Added to NRS by 2001, 1771 )
“Person who is deaf”
means a person who is not able to process information aurally and whose
primary means of communication is visual.
(Added to NRS by 2001, 1771 )
“Person
whose hearing is impaired” means a person:
1. Who has a hearing deficit;
2. Who is able to process information aurally with or without the
use of a hearing aid or any other device that enhances the ability of a
person to hear; and
3. Whose primary means of communication may be visual.
(Added to NRS by 2001, 1771 )
“Practice of
interpreting” means the facilitation of communication between persons who
are deaf or whose hearing is impaired and other persons. The term
includes, without limitation:
1. Translating spoken language into American Sign Language or any
other visual-gestural system of communication or vice versa;
2. Translating spoken language into a tactile method of sign
language or vice versa;
3. Translating spoken language into an oral interpretation of the
speaker’s words by enunciating, repeating or rephrasing those words
without using the voice to assist a person who is deaf or whose hearing
is impaired in lipreading the information conveyed by the speaker;
4. Translating spoken language into a visual representation of
spoken language that:
(a) Uses eight hand shapes to represent groups of consonants and
the placement of those hand shapes in four positions around the face to
indicate groups of vowel sounds; and
(b) Is used in conjunction with lipreading;
5. Translating spoken English into a system of sign language that
is based on the syntax of the English language or vice versa; and
6. The use of any of the methods of interpreting or
transliterating set forth in subsections 1 to 5, inclusive, by a person
who is deaf or whose hearing is impaired to facilitate communication
between another person who is deaf or whose hearing is impaired and an
interpreter, or between two or more persons who are deaf or whose hearing
is impaired.
(Added to NRS by 2001, 1771 )
“Practice
of realtime captioning” means the facilitation of communication between
persons who are deaf or whose hearing is impaired and other persons
through the use of Communication Access Realtime Translation.
(Added to NRS by 2005, 964 )
“Realtime
captioning provider” means a person who is qualified to engage in the
practice of realtime captioning in this State pursuant to NRS 656A.400
.
(Added to NRS by 2005, 965 )
The provisions of this chapter do not
apply to a person who:
1. Is licensed in another state to engage in the practice of
interpreting or the practice of realtime captioning and who engages in
the practice of interpreting or the practice of realtime captioning,
respectively, in this State:
(a) For a period of not more than 30 nonconsecutive days in a
calendar year; or
(b) By teleconference if the interpreting services or realtime
captioning services provided by that person are necessary because an
interpreter or realtime captioning provider is unavailable to provide
those services in person or by teleconference;
2. Engages in the practice of interpreting or the practice of
realtime captioning solely for meetings of nonprofit civic or religious
organizations;
3. Engages in the practice of interpreting or the practice of
realtime captioning as necessary for the provision of an emergency
medical or governmental service to a person who is deaf or whose hearing
is impaired; or
4. Engages occasionally in the practice of interpreting in a
social situation that does not require a qualified interpreter pursuant
to the provisions of the Americans with Disabilities Act of 1990, 42
U.S.C. §§ 12101 et seq., section 504 of the Rehabilitation Act of 1973,
29 U.S.C. § 794, or the regulations adopted pursuant to those provisions.
(Added to NRS by 2001, 1772 ; A 2005, 965 )
CERTIFICATION OF INTERPRETERS
1. Except as otherwise provided in this section, a person who
wishes to engage in the practice of interpreting in this State must:
(a) Be at least 18 years of age;
(b) Have at least a high school diploma or a general equivalency
diploma;
(c) Be capable of providing the type of interpreting services
required for the person who is deaf or whose hearing is impaired; and
(d) Have:
(1) Been issued at least one of the following certificates
by the Registry of Interpreters for the Deaf or its successor
organization:
(I) Master Comprehensive Skills Certificate;
(II) Comprehensive Skills Certificate;
(III) Certificate of Interpretation;
(IV) Certificate of Transliteration;
(V) Legal Specialist Certificate; or
(VI) Oral Interpreting Certificate;
(2) Been certified by the National Association of the Deaf
or its successor organization as having a level of proficiency in
providing interpreting services at level 3, 4 or 5; or
(3) Passed the Cued Language Transliterator National
Certification Examination administered by the Testing, Evaluation, and
Certification Unit, Inc., or its successor organization and must hold a
Transliteration Skills Certificate issued by the Testing, Evaluation, and
Certification Unit, Inc., or its successor organization.
2. A person who wishes to engage in the practice of interpreting
in this State in a legal setting must comply with the requirements set
forth in paragraphs (a), (b) and (c) of subsection 1 and must:
(a) Have been issued at least one of the certificates set forth in
subparagraph (1) of paragraph (d) of subsection 1;
(b) Have been certified by the National Association of the Deaf or
its successor organization as having a level of proficiency in providing
interpreting services at level 4 or 5; or
(c) Have passed the Cued Language Transliterator National
Certification Examination administered by the Testing, Evaluation, and
Certification Unit, Inc., or its successor organization and must hold a
Transliteration Skills Certificate issued by the Testing, Evaluation, and
Certification Unit, Inc., or its successor organization.
3. Except as otherwise provided in subsection 4, a person,
including, without limitation, a teacher and a teacher’s aide, who wishes
to engage in the practice of interpreting in this State in a public
school, including, without limitation, a charter school, or a private
school must comply with the requirements set forth in paragraphs (a), (b)
and (c) of subsection 1 and must:
(a) Comply with the requirements set forth in paragraph (d) of
subsection 1; or
(b) Have completed the Educational Interpreter Performance
Assessment administered by the Boys Town National Research Hospital or
its successor organization and received a rating of his level of
proficiency in providing interpreting services at level 4 or 5.
4. A person who has not complied with the requirements set forth
in paragraph (a) or (b) of subsection 3 may engage in the practice of
interpreting in a public school, including, without limitation, a charter
school, or a private school for not more than 3 years if:
(a) There is a demonstrated shortage of personnel who have complied
with those requirements in the geographic area of this State in which the
public school or private school is located;
(b) The school district, charter school or private school that
hires a person pursuant to this subsection has made and continues to make
a good faith effort to recruit and hire persons who have complied with
the requirements set forth in paragraph (a) or (b) of subsection 3;
(c) The shortage of personnel described in paragraph (a) has
precluded the school district, charter school or private school from
employing the number of persons who have complied with the requirements
set forth in paragraph (a) or (b) of subsection 3 as is necessary to
satisfy the personnel requirements of the school district, charter school
or private school; and
(d) The person hired by the school district, charter school or
private school pursuant to this subsection makes satisfactory progress,
as determined by the school district, charter school or private school,
toward complying with the requirements set forth in paragraph (a) or (b)
of subsection 3 during the period of his employment.
5. As used in this section:
(a) “Charter school” has the meaning ascribed to it in NRS 385.007
.
(b) “Legal setting” means:
(1) A communication with a law enforcement officer, as
defined in NRS 179B.070 , that relates
to a criminal investigation;
(2) A communication with an attorney who is acting in his
professional capacity;
(3) A negotiation for a contract for which the estimated
amount required to perform the contract is $1,000 or more; or
(4) A judicial proceeding, including, without limitation:
(I) A grand jury proceeding;
(II) A court proceeding;
(III) A pretrial examination, deposition, motion and
related proceedings of like character; and
(IV) The proceedings of an administrative agency.
(c) “Public school” has the meaning ascribed to it in NRS 385.007
.
(d) “Private school” has the meaning ascribed to it in NRS 394.103
.
(Added to NRS by 2001, 1772 )
PRACTICE OF REALTIME CAPTIONING
A person who wishes to engage in the
practice of realtime captioning in this State must:
1. Be at least 18 years of age;
2. Have at least a high school diploma or a general equivalency
diploma;
3. Be capable of providing the type of realtime captioning
services required for persons who are deaf or whose hearing is impaired;
and
4. Have:
(a) Been certified as a court reporter by the Certified Court
Reporters’ Board of Nevada pursuant to chapter 656 of NRS; or
(b) Been issued at least one of the following certifications by the
National Court Reporters Association or its successor organization:
(1) Registered Professional Reporter;
(2) Certified Communication Access Realtime Translation
Provider;
(3) Certified Broadcast Captioner; or
(4) Certified Realtime Reporter.
(Added to NRS by 2005, 965 )
UNLAWFUL ACTS
1. It is unlawful for a person to:
(a) Engage in the practice of interpreting in this State;
(b) Hold himself out as certified or qualified to engage in the
practice of interpreting in this State; or
(c) Use in connection with his name any title, words, letters or
other designation intended to imply or designate that he is an
interpreter,
Ê without first complying with the requirements set forth in NRS 656A.100
.
2. It is unlawful for a person to:
(a) Engage in the practice of realtime captioning in this State;
(b) Hold himself out as certified or qualified to engage in the
practice of realtime captioning in this State; or
(c) Use in connection with his name any title, words, letters or
other designation intended to imply or designate that he is a realtime
captioning provider,
Ê without first complying with the requirements set forth in NRS 656A.400
.
3. A person who violates the provisions of subsection 1 or 2:
(a) Is guilty of a misdemeanor; and
(b) May be assessed a civil penalty of not more than $5,000.
4. An action for the enforcement of a civil penalty assessed
pursuant to this section may be brought in any court of competent
jurisdiction by the district attorney of the appropriate county or the
Attorney General.
(Added to NRS by 2001, 1774 ; A 2005, 966 )
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