53A-26a-305 - Exemptions from certification -- Temporary or restricted certification.
53A-26a-305. Exemptions from certification -- Temporary or restrictedcertification.
(1) The following individuals may engage in the practice of a certified interpreter, subjectto the stated circumstances and limitations, without being certified under this chapter:
(a) an individual serving in the Armed Forces of the United States, the United StatesPublic Health Service, the United States Department of Veterans Affairs, or other federalagencies while engaged in activities regulated under this chapter as a part of employment withthat federal agency if the person holds a valid certificate or license to provide interpreter servicesissued by any other state or jurisdiction recognized by the State Board of Education;
(b) a student engaged in providing interpreter services while in training in a recognizedschool approved by the State Board of Education to the extent the student's activities aresupervised by qualified faculty, staff, or designee, and the services are a defined part of thetraining program;
(c) an individual engaged in an internship, residency, apprenticeship, or on-the-jobtraining program approved by the State Board of Education while under the supervision ofqualified persons;
(d) an individual residing in another state and certified or licensed to provide interpreterservices in that state, who is called in for a consultation by an individual certified to provideinterpreter services in this state, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, or other bodyapproved by the State Board of Education to conduct a lecture, clinic, or demonstration oninterpreter services if the individual does not establish a place of business or regularly engage inthe practice of providing interpreter services in this state; and
(f) an individual licensed in another state or country who is in this state temporarily toattend to the needs of an athletic team or group, except that the individual may only attend to theneeds of the team or group, including all individuals who travel with the team or group, except asa spectator.
(2) (a) An individual temporarily in this state who is exempted from certification underSubsection (1) shall comply with each requirement of the jurisdiction from which the individualderives authority to practice.
(b) Violation of any limitation imposed by this section is grounds for removal of exemptstatus, denial of certification, or another disciplinary proceeding.
(3) (a) Upon the declaration of a national, state, or local emergency, the State Board ofEducation, in collaboration with the advisory board, may suspend the requirements for permanentor temporary certification of persons who are certified or licensed in another state.
(b) Individuals exempt under Subsection (3)(a) shall be exempt from certification for theduration of the emergency while engaged in providing interpreter services for which they arecertified or licensed in the other state.
(4) The State Board of Education, after consulting with the advisory board, may adoptrules for the issuance of temporary or restricted certifications if their issuance is necessary to orjustified by:
(a) a lack of necessary available interpretive services in any area or community of thestate, if the lack of services might be reasonably considered to materially jeopardize compliancewith state or federal law; or
(b) a need to first observe an applicant for certification in a monitored or supervised
practice of providing interpretive services before a decision is made by the board either to grantor deny the applicant a regular certification.
Amended by Chapter 324, 2010 General Session