New Mexico Register / Volume
XXXII, Issue 5 / March 9, 2021
This is an amendment
to 16.28.3 NMAC, Sections 11, 12, 13, 16, 17, 19 and 20, effective 3/27/2021.
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) a copy of the applicant’s current [registry
of interpreters for the deaf (RID)] RID membership card or
(2) verification letter from the RID member
portal showing that the applicant holds one or more certifications recognized
by RID at the time of application for licensure with the exception of [exception of] educational certificate:
K-12 (ED-K-12); or
(3) 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.
(4) a copy of the applicant’s current RID membership card or verification
letter from the RID member portal showing that the applicant is an associate
member for purposes of tracking continuing education units (CEU) requirements
through the associate continuing education tracking (ACET) program as outlined
in Subsection A of 16.28.2.9 NMAC.
D. An
application for an educational signed language interpreter license must also
include: proof of educational interpreter performance assessment (EIPA) rating
of 4.0 - 5.0 and a copy of the applicant’s current RID membership card or
verification letter from the RID member portal showing that the applicant holds
the ED: K-12 certified member status by virtue of EIPA rating; or a copy of the
applicant’s current RID membership card or verification letter from the RID
member portal showing that the applicant holds one or more certifications
currently recognized by RID, or
proof of an educational interpreter performance assessment (EIPA) rating of 4.0
- 5.0, proof of passing the EIPA Written test, proof of satisfying the RID
educational requirements, and a copy of the applicant’s current RID membership
card or verification letter from the RID member portal showing associate
membership status.
E. An
application for a provisional signed language interpreter license must also
include: proof of completion of an interpreter education program or interpreter
preparation program at an accredited institution; or 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 a copy of the applicant’s current RID
membership card or verification letter from the RID member portal showing that
the applicant is an associate member for purposes of tracking continuing
education units [(CEUs)] CEU requirements through the associate
continuing education tracking (ACET) program as outlined in Subsection B of 16.28.2.9 NMAC. In lieu of proof of completion of an
interpreter training program, deaf applicants may submit proof of satisfying
the training requirement established by RID to take the certified deaf
interpreter (CDI) written exam. 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.
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, 07/21/09; A, 08/18/11;
A, 01/15/14; A, 12/16/15; A, 6/18/2017; A, 3/27/2021]
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 [recognized at the time of application
by the registry of interpreters for the deaf (RID) with the exception of ED:
K-12 (educational certificate: K-12);] 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) [has
passed the educational interpreter written and performance assessment
(EIPA) with a score of 4.0 - 5.0 and holds active ED: K-12 (educational
certification: K-12) or other certification recognized at the time of
application by the registry of interpreters for the deaf (RID); or has passed the educational interpreter
performance assessment (EIPA) with a score of 4.0 - 5.0, has passed the EIPA
written test, and is an associate member of RID]; 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]
16.28.3.16 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.
[(1) provisional signed language
interpreter licenses issued prior to August 15, 2013 must complete the
compliance review each year by September 30;]
[(2) provisional
signed language interpreter licensees with provisional licenses issued after
August 15, 2013 must complete the 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 [provisional] 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) [If
the board approves the reinstatement application, the original license number
will be issued to the applicant.] 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]
16.28.3.19 EXEMPTIONS:
[ A. The Signed Language
Interpreting Practices Act does not apply to:
(1) non-resident
interpreters working in New Mexico less than 30 calendar days per year;
(2) non-resident
interpreters must contact the board administrator via e-mail prior to providing
Interpreting services in New Mexico, regardless of the number of hours of
service they provide each time. 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 credentials);
(e) date(s) and
city or cities in which services will be provided.
B. This exception 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.
(1) interpreting
in religious or spiritual settings;
(2) interpreting
in informal settings for friends, families or guests;
(3) 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;
(4) 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;
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;]
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]