New Mexico Register / Volume XXXI,
Issue 19 / October 13, 2020
PUBLIC RULE
HEARING AND REGULAR BOARD MEETING
The
New Mexico Signed Language Interpreting Practices Board (“Board”) will hold a
rule hearing on Monday, November 23, 2020, at 9:00 a.m. Following the rule hearing, the Board will
convene a board meeting to consider adoption of the rules and address regular
business. The rule hearing and board
meeting will be held via Cisco WebEx Meetings.
The
purpose of the rule hearing is to consider proposed amendment/repeal/replace to
the following rules:
16.28.1
NMAC - General Provisions
16.28.2
NMAC - Education and Continuing Education Requirements
16.28.3
NMAC - Application and Licensure Requirements
16.28.4
NMAC - Statutory Authority
16.28.5
NMAC - Code of Professional Conduct
16.28.7
NMAC - Licensure for Military Service Members, Spouses and Veterans
To
obtain and review copies of the proposed changes you may go to the Board’s
website at: http://www.rld.state.nm.us/boards/signed_language_interpreting_practices.aspx
or contact the New Mexico Signed Language Interpreting Practices Board at
(505)476-4622 or by email at signlanguage.board@state.nm.us.
The
Board is currently accepting public comments on the proposed amendments. Please submit written comments on the
proposed changes to Theresa Montoya, Board Administrator, via electronic mail
at signlanguage.board@state.nm.us or by regular mail at P.O. Box 25101, Santa
Fe, NM 87504, no later than Monday, November 23, 2020. Persons will also be given the opportunity to
present their comments at the rule hearing.
All written comments will be posted to the Board’s website at:
http://www.rld.state.nm.us/boards/signed_language_interpreting_practices.aspx,
no more than three business days following receipt to allow for public viewing.
An
individual with a disability who is in need of a reader, amplifier, qualified
signed language interpreter, or other form of auxiliary aid or service to
attend or participate in the hearing, please contact Theresa Montoya, Board
Administrator at (505) 476-4622.
Statutory
Authority: The Signed
Language Interpreting Practices Act, Sections 61-34-8 NMSA 1978, among other
provisions, specifically authorizes the Board to “promulgate rules pursuant to
the State Rules Act Chapter 14, Article 4, 1978 to effectively carry out and
enforce provisions of the Signed Language Interpreting Practices Act.”
Summary of
Proposed Changes:
In
addition to making minor clarification changes, the proposed rules are
summarized as follows:
16.28.1.7 NMAC -
Definitions:
The
amendments to this section add a new definition for the term BEI that will
increase an applicant’s opportunity for licensure.
16.28.2.8 NMAC -
Education Requirements:
The
amendments to this section will create flexibility for applicants to submit
documentation that they have fulfilled the educational requirements for
licensure.
16.28.2.9
NMAC - Continuing
Education Requirements:
The amendments to this section are to provide clarity
regarding compliance with the Board’s continuing education requirements and the
submission of documents necessary to prove compliance with this section.
16.28.3.11 NMAC -
Application for Licensure:
The
amendments to this section will create greater opportunity and provide clarity
for those applicants who hold a BEI certification to apply for licensure, which
is consistent with the Board’s requirements for licensure under Sections
61-34-9 NMSA 1978.
16.28.3.12 NMAC -
Requirements for a License for a Community Signed Language Interpreter:
The
amendments to this section will create greater opportunity and provide clarity
for those applicants who hold a BEI certification to apply for licensure, which
is consistent with the Board’s requirements for licensure under Subparagraph
(d) of Paragraph (2) of Subsection A of Section
61-34-9 NMSA 1978.
16.28.3.13 NMAC -
Requirements for a License for an Educational Signed Language Interpreter:
The
amendments to this section are to clarify that the requirements for an
educational signed language interpreter license are consistent with the
requirements outlined in Subsection D of 16.28.3.11 NMAC.
16.28.3.14 NMAC -
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:
The
amendments to this section will create greater opportunity and provide clarity
for those applicants who have completed a substantially equivalent interpreter
education program or interpreter preparation program to apply for licensure,
which is consistent with the Board’s requirements for licensure under Subparagraph
(c) of Paragraph (1) of Section 61-34-9 NMSA 1978.
16.28.3.16 NMAC -
License Expiration:
The
amendments to this section clarifies the expiration
date for provisional signed language interpreter licenses.
16.28.3.17 NMAC -
License Renewal:
The
amendments to this section clarifies the requirements
for reinstatement for each class of license issued pursuant to the Signed
Language Interpreter’s Practices Act.
16.28.3.19 NMAC -
Exemptions:
The
amendments to this section are strictly for reformatting purposes so the section
is more fluid and easily comprehensible.
16.28.3.20 NMAC -
License Denial, Suspension, or Revocation:
The
amendments to this section provide clarity regarding the revocation or
relinquishment of licenses where a licensee has failed to maintain proper
certification. The amendments also
provide clarification regarding whether a licensee who has allowed their
license to lapse is eligible for a provisional license.
16.28.4.7 NMAC -
Definitions:
The
amendments to this section correct minor grammatical
and/or typographical errors.
16.28.4.11 -
Standards of Practice Committee:
The
amendments to this section correct minor grammatical
and/or typographical errors.
16.28.5.8 -
Standards of Practice:
The
amendments to this section correct minor grammatical
and/or typographical errors.
16.28.7.10 -
Renewal Requirements:
The
amendments to this section will create greater opportunity and provide clarity
for those applicants who are military service members, a spouse or a veteran
and who hold a BEI certification to apply for licensure which is consistent
with the Board’s requirements for licensure under Subparagraph (d) of Paragraph
(2) of Subsection A of Section 61-34-9 NMSA 1978.
Additionally, this section also provides clarity for those applicants who have
completed a substantially equivalent interpreter education program or
interpreter preparation program to apply for licensure which is consistent with
the Board’s requirements for licensure under Subparagraph (c) of Paragraph (1)
of Section 61-34-9 NMSA 1978.