New Mexico Register / Volume
XXXII, Issue 5 / March 9, 2021
This is an amendment to 16.28.1 NMAC,
Sections 7 and 9 effective 3/27/2021.
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. “Accredited” means approved by the:
(1) New
England association of schools and colleges;
(2) middle states association of colleges and secondary schools;
(3) north central association of colleges and schools;
(4) northwest association of schools and colleges;
(5) southern association of colleges and schools; or
(6) western association of schools and colleges.
B. “ACET” refers to the associate
continuing education tracking system within registry of interpreters for the
deaf (RID).
C. “Act” means the Signed Language Interpreting
Practices Act, Section 61-34-1 through 61-34-17 NMSA 1978.
D. “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.
E. “Adult” means all persons 18 years of age or
older.
F. “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.
G. “Board” means the signed language interpreting
practices board.
H. “Board regulations” or “regulations” means any
part adopted by the board pursuant to authority under the act and includes any
superseding regulation.
I. “CEU” refers to continuing education unit as is
used by the registry of interpreters for the deaf.
J. “CMP” means the certification
maintenance program as is used by the registry of interpreters for the deaf.
K. “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.
L. “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.
M. “Consumer” means a person using the services of a
signed language interpreter.
N. “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.
O. “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.
P. “Deaf person” means a person who has either no
hearing or who has significant hearing loss.
Q. “Deaf-blind person” means a person who has either
no hearing or who has significant hearing loss and a significant vision loss.
R. “Department” means the New Mexico regulation and
licensing department.
S. “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.
T. “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.
U. “Filed with the board” means hand delivered or
postal mail received during normal business hours by the board office in Santa
Fe, New Mexico.
V. “Hard-of-hearing
person” means a person who has either no hearing or who has significant
hearing loss.
W. “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.
X. “Interpreter” means a person who practices signed
language interpreting.
Y. “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.
Z. “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
AA. “Licensee”
means an interpreter who holds a current license issued under the act and these
rules.
BB. “NAD”
means the national association of the deaf.
CC. “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.
DD. “New Mexico statutes annotated 1978
or NMSA 1978” is the official compilation of state laws.
EE. “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.
FF. “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.
GG. “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.
HH. “RID” refers to the registry of
interpreters for the deaf, which is a national association of signed language
interpreters.
II. “Rule” means board
regulations.
JJ. “State Rules Act”, Sections
14-4-1 through 14-4-5 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.
KK. “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.
LL. “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.
MM. “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.
NN. “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.]
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]
16.28.1.9 BOARD
RECORDS:
A. Inspection of Public Records Act [(“IPRA”)]
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]