CHAPTER 814a

DEAF AND HEARING IMPAIRED PERSONS

Table of Contents

Sec. 46a-27. (Formerly Sec. 17-137l). Advisory Board for Persons Who are Deaf or Hard of Hearing.

Sec. 46a-28. (Formerly Sec. 17-137m). Advisory Board for Persons Who are Deaf or Hard of Hearing. Members, meetings.

Sec. 46a-29. (Formerly Sec. 17-137n). Assistance from other government agencies.

Sec. 46a-30. (Formerly Sec. 17-137o). Powers to receive moneys, make contracts.

Sec. 46a-31. (Formerly Sec. 17-137p). Commission to administer funds for interpreters.

Sec. 46a-32. (Formerly Sec. 17-137r). Annual and interim reports of commissioner.

Sec. 46a-33. (Formerly Sec. 17-137k). “Qualified interpreter” definition. Interpreters for the deaf or hearing impaired person in public proceedings or in proceedings provided by an employer or union. Interpreters to be provided upon request by educational facilities and human service agencies.

Sec. 46a-33a. Registration of persons providing interpreting services. Required qualifications.

Sec. 46a-33b. Interpreting services provided by the Department of Aging and Disability Services.

Sec. 46a-33c. State agency interpreting services. Interpreting services provided by the Department of Aging and Disability Services. Exceptions.

Secs. 46a-34 to 46a-40. Reserved


Sec. 46a-27. (Formerly Sec. 17-137l). Advisory Board for Persons Who are Deaf or Hard of Hearing. The Advisory Board for Persons Who are Deaf or Hard of Hearing is hereby created to advocate, strengthen and advise the Governor and the General Assembly concerning state policies affecting persons who are deaf or hard of hearing and their relationship to the public, industry, health care and educational opportunity. The board shall:

(1) Monitor services for persons who are deaf or hard of hearing;

(2) Periodically meet with the Commissioners of Public Health, Social Services, Mental Health and Addiction Services, Education, Developmental Services, and Children and Families and the Labor Commissioner, or the commissioners' designees, to discuss best practices and gaps in services for persons who are deaf or hard of hearing;

(3) Refer persons with complaints concerning the qualification and registration of interpreters for persons who are deaf or hard of hearing to the entity designated pursuant to section 46a-10b;

(4) Make recommendations for (A) technical assistance and resources for state agencies in order to serve persons who are deaf or hard of hearing; (B) public policy and legislative changes needed to address gaps in services; and (C) the qualifications and registration of interpreters pursuant to section 46a-33a. The board shall submit such recommendations, in accordance with section 11-4a, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to human services.

(P.A. 74-252, S. 1, 11; P.A. 77-614, S. 538, 587, 610; P.A. 78-303, S. 85, 136; P.A. 84-361, S. 2, 7; P.A. 86-50, S. 1; P.A. 93-262, S. 1, 87; P.A. 98-252, S. 76, 80; P.A. 11-44, S. 35; June 12 Sp. Sess. P.A. 12-1, S. 89; P.A. 17-30, S. 1; P.A. 18-55, S. 9.)

History: P.A. 77-614 and P.A. 78-303 placed commission within department of human resources for administrative purposes, effective January 1, 1979; P.A. 84-361 authorized provision of necessary services including nonreimbursable interpreter services and authorized adoption of regulations to define the formula to be used to determine the amount to be charged for reimbursable interpreter services and the conditions under which nonreimbursable interpreter services shall be provided; P.A. 86-50 authorized provision of message relay services for persons using telecommunication devices for the deaf; Sec. 17-137l transferred to Sec. 46a-27 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 98-252 deleted provision on regulations for setting charges for interpreter services since a similar provision is in Sec. 46a-33b, effective July 1, 1998; P.A. 11-44 replaced provision designating commission as coordinating agency with provision designating commission as advisor to the Bureau of Rehabilitative Services, and deleted provisions re commission being within Department of Social Services and providing services to deaf and hearing impaired persons, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 17-30 replaced “Commission on the Deaf and Hearing Impaired” with “Advisory Board for Persons Who are Deaf or Hard of Hearing”, replaced “Department of Rehabilitation Services” with “Governor and the General Assembly”, replaced “and hearing impaired” with “or hard of hearing”, added Subdivs. (1) to (4) re board duties, added provision re board to submit recommendations to human services committee, and made technical changes, effective June 6, 2017; P.A. 18-55 made technical changes.

Sec. 46a-28. (Formerly Sec. 17-137m). Advisory Board for Persons Who are Deaf or Hard of Hearing. Members, meetings. (a) The Advisory Board for Persons Who are Deaf or Hard of Hearing shall consist of the following sixteen members appointed by the Governor: (1) The consultant appointed by the State Board of Education in accordance with section 10-316a, or the consultant's designee; (2) the president of the Connecticut Council of Organizations Serving the Deaf, or the president's designee; (3) the president of the Connecticut Association of the Deaf, or the president's designee; (4) the president of the Connecticut Registry of Interpreters for the Deaf, or the president's designee; (5) the Commissioner of Aging and Disability Services, or the commissioner's designee; (6) the executive director of the American School for the Deaf, or the executive director's designee; (7) a parent of a student in a predominantly oral education program; (8) a parent of a student at the American School for the Deaf; (9) a person who is deaf; (10) a person who is hard of hearing; (11) a person who is deaf and blind; (12) an interpreting professional who serves deaf or hard of hearing persons; (13) a healthcare professional who works with persons who are deaf or hard of hearing; (14) the Governor's liaison to the disability community; (15) an educator who works with children who are deaf or hard of hearing; and (16) the director of the Connecticut Chapter of We the Deaf People. The Commissioner of Aging and Disability Services, the Governor's liaison to the disability community and a member chosen by the majority of the board shall be the chairpersons of the advisory board.

(b) The advisory board shall meet at least quarterly or more often at the call of the chairpersons or a majority of the members. A majority of members in office but not less than nine voting members shall constitute a quorum.

(c) Any appointed member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned. Vacancies occurring otherwise than by expiration of term in the membership of the advisory board shall be filled by the Governor.

(P.A. 74-252, S. 2, 11; P.A. 75-420, S. 4, 6; 75-638, S. 18, 23; P.A. 77-614, S. 302, 323, 521, 539, 610; P.A. 80-210; P.A. 83-167; P.A. 84-361, S. 3, 7; P.A. 93-91, S. 1, 2; 93-262, S. 66, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 07-73, S. 2(b); P.A. 11-44, S. 36; P.A. 17-30, S. 2; 17-146, S. 25; P.A. 19-157, S. 92.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 75-638 replaced deputy commissioner of health on mental retardation with commissioner of mental retardation; P.A. 77-614 replaced secretary of the state board of education with commissioner of education, commissioner of health with commissioner of health services and commissioner of social services with commissioner of human resources in Subsec. (a), replaced appointment provisions in Subsec. (b) with simple statement that appointments are made by governor and provided that qualifications and compensation of executive director be determined by commissioner of administrative services with approval of secretary of office of policy and management rather than by abolished personnel policy board and that director be under direction of human resources commissioner in Subsec. (e), effective January 1, 1979; P.A. 80-210 increased commission membership from 15 to 23, adding commissioners of income maintenance and children and youth services, increasing gubernatorial appointees from 9 to 11 and deaf appointees from 5 to 7; P.A. 83-167 amended Subsec. (a) by decreasing commission membership from 23 to 22, deleting the ex officio membership of the superintendent of the Mystic Oral School and providing that one member be a parent of a student in a predominantly oral education program rather than of a student at the Mystic Oral School; P.A. 84-361 added provisions requiring that meetings be held at least quarterly, establishing number of members required for quorum and setting standards of attendance required to retain membership and made commission rather than human resources commissioner responsible for supervision of executive director; Sec. 17-137m transferred to Sec. 46a-28 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 reduced commission membership from 22 to 21 to reflect reorganization of social services, replacing reference to commissioners of income maintenance and human resources with commissioner of social services, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995 (Revisor's note: A reference to “Commissioners of Public Health ... Labor, Education, Mental Retardation, and Children and Families” was changed editorially by the Revisors to “Commissioners of Public Health ... Education, Mental Retardation, and Children and Families and the Labor Commissioner” for consistency with customary statutory usage); pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; P.A. 11-44 amended Subsec. (a) by replacing “commission” with “Commission on the Deaf and Hearing Impaired”, deleted former Subsec. (e) re position of executive director, and deleted former Subsec. (f) re employment of clerical and other assistance, effective July 1, 2011; P.A. 17-30 amended Subsec. (a) by replacing “Commission on the Deaf and Hearing Impaired” with “Advisory Board for Persons Who are Deaf or Hard of Hearing”, substantially amending provisions re members including replacing “twenty-one members, three of whom shall be ex officio” with “fifteen members appointed by the Governor”, and replacing provisions re members with provisions re same, amended Subsec. (b) by replacing 7 voting members with 8 voting members, deleted Subsec. (d) re expenses, and made technical and conforming changes, effective June 6, 2017; P.A. 17-146 amended Subsec. (a) by replacing “fifteen” with “sixteen” re members, adding Subdiv. (16) re director of Connecticut Chapter of We the Deaf People, amended Subsec. (b) by replacing “eight” with “nine” re voting members, and made a technical change, effective June 30, 2017; P.A. 19-157 amended Subsec. (a) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”.

Sec. 46a-29. (Formerly Sec. 17-137n). Assistance from other government agencies. (a) The Commissioner of Aging and Disability Services may request and shall receive from any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof such assistance and data as will enable the Department of Aging and Disability Services to properly carry out its activities under sections 17b-650e and 46a-30 to 46a-33b, inclusive, and to effectuate the purposes therein set forth.

(b) The Commissioner of Education shall assign one vocational rehabilitation consultant to act as a liaison staff member of the Advisory Board for Persons Who are Deaf or Hard of Hearing.

(P.A. 74-252, S. 3, 11; P.A. 77-614, S. 73, 302, 610; P.A. 87-496, S. 83, 110; P.A. 11-44, S. 39; 11-51, S. 44; June 12 Sp. Sess. P.A. 12-1, S. 90; P.A. 17-146, S. 27; P.A. 19-157, S. 93.)

History: P.A. 77-614 replaced public works commissioner with commissioner of administrative services and, effective January 1, 1979, replaced secretary of the state board of education with commissioner of education; P.A. 87-496 substituted public works commissioner for administrative services commissioner in Subsec. (b); Sec. 17-137n transferred to Sec. 46a-29 in 1991; P.A. 11-44 amended Subsec. (a) by replacing “commission” with “director of the Bureau of Rehabilitative Services”, replacing reference to Secs. 46a-27 to 46a-32 with reference to Secs. 17b-650e and 46a-30 to 46a-33b and making conforming and technical changes, deleted former Subsec. (b) re office space, and redesignated existing Subsec. (c) as Subsec. (b), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by replacing “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services” and replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 17-146 amended Subsec. (b) by replacing “commission” with “Advisory Board for Persons Who are Deaf or Hard of Hearing”, effective June 30, 2017; P.A. 19-157 amended Subsec. (a) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”.

Sec. 46a-30. (Formerly Sec. 17-137o). Powers to receive moneys, make contracts. (a) The Commissioner of Aging and Disability Services may receive moneys from any source, including gifts, grants, bequests and reimbursements which moneys may be expended for the purposes designated by the donor or to effectuate the provisions of sections 17b-650e and 46a-29 to 46a-33b, inclusive.

(b) The Commissioner of Aging and Disability Services is empowered to expend its appropriation and receipts to initiate and support the provisions of said sections by contract or other arrangement and to contract for and engage consultants.

(P.A. 74-252, S. 4, 11; P.A. 76-211, S. 2, 4; P.A. 98-252, S. 77, 80; P.A. 11-44, S. 40; June 12 Sp. Sess. P.A. 12-1, S. 91; P.A. 19-157, S. 94.)

History: P.A. 76-211 included reimbursements as source of moneys and replaced reference to Sec. 17-137l with reference to Sec. 17-137k; Sec. 17-137o transferred to Sec. 46a-30 in 1991; P.A. 98-252 made a technical change, effective July 1, 1998; P.A. 11-44 amended Subsecs. (a) and (b) by replacing “commission” with “director of the Bureau of Rehabilitative Services” and amended Subsec. (a) by replacing reference to Secs. 46a-27 to 46a-30 and 46a-32 with reference to Secs. 17b-650e and 46a-29 to 46a-33b, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”.

Sec. 46a-31. (Formerly Sec. 17-137p). Commission to administer funds for interpreters. Section 46a-31 is repealed, effective July 1, 1998.

(P.A. 74-252, S. 5, 11; P.A. 76-211, S. 3, 4; P.A. 77-458, S. 2; P.A. 80-53, S. 2; P.A. 81-153, S. 1, 2; 81-453, S. 2, 3; P.A. 83-395, S. 3; P.A. 85-271, S. 3, 5; 85-613, S. 116, 154; P.A. 92-262, S. 37, 42; P.A. 98-252, S. 79, 80; June Sp. Sess. P.A. 98-1, S. 105, 121.)

Sec. 46a-32. (Formerly Sec. 17-137r). Annual and interim reports of commissioner. Section 46a-32 is repealed, effective July 1, 2013.

(P.A. 74-252, S. 7, 11; P.A. 11-44, S. 41; June 12 Sp. Sess. P.A. 12-1, S. 92; P.A. 13-7, S. 10.)

Sec. 46a-33. (Formerly Sec. 17-137k). “Qualified interpreter” definition. Interpreters for the deaf or hearing impaired person in public proceedings or in proceedings provided by an employer or union. Interpreters to be provided upon request by educational facilities and human service agencies. Section 46a-33 is repealed, effective July 1, 1998.

(P.A. 73-482, S. 1–3; P.A. 76-211, S. 1, 4; P.A. 77-458, S. 1; P.A. 80-53, S. 1; P.A. 81-453, S. 1, 3; P.A. 83-181, S. 1, 3; 83-395, S. 2; P.A. 84-47, S. 1, 2; P.A. 98-252, S. 79, 80; June Sp. Sess. P.A. 98-1, S. 105, 121.)

Sec. 46a-33a. Registration of persons providing interpreting services. Required qualifications. (a) For the purposes of this section:

(1) “Department” means the Department of Rehabilitation Services;

(2) “Interpreting” means the translating or transliterating of English concepts to a language concept used by a person who is deaf, deaf-blind or hard of hearing or the translating of a deaf, deaf-blind or hard of hearing person's language to English concepts through the use of American Sign Language, English-based sign language, cued speech, oral transliterating and information received tactually;

(3) “Deaf-blind” means combined vision and hearing impairments that challenge a person's ability to communicate, interact with others, access information and move about safely;

(4) “Educational setting” means any setting where interpretive services are provided concerning education-related matters, including, but not limited to, all schools, school-based programs, services and activities and other educational programs;

(5) “Legal setting” means any criminal or civil action involving a court of competent jurisdiction, any investigation or action conducted by a duly authorized law enforcement agency, employment-related hearings, appointments and situations requiring the presence of an attorney;

(6) “Medical setting” means gatherings or gathering places where health and wellness issues are addressed, including, but not limited to, hospitals, clinics, assisted living and rehabilitation facilities, mental health treatment sessions, psychological evaluations, substance abuse treatment sessions, crisis intervention and appointments or other treatment requiring the presence of a doctor, nurse, medical staff or other health care professional; and

(7) “Transliterating” means converting or rendering English concepts to a language concept used by a person who is deaf, deaf-blind or hard of hearing or the translating of a deaf, deaf-blind or hard of hearing person's language concept to English concepts.

(b) Except as provided in subsections (g) and (h) of this section, all persons providing interpreting services shall register, annually, with the Department of Aging and Disability Services. Such registration shall be on a form prescribed or furnished by the Commissioner of Aging and Disability Services and shall include the registrant's name, residential or business address, or both, contact information, including, but not limited to, phone number, place of employment as interpreter and interpreter certification or credentials. The department shall issue identification cards for those who register in accordance with this section and maintain a current listing on its Internet web site of such registered interpreters. The department may also require documentation of the registrant's training hours. The department shall annually issue interpreter identification cards listing the type of settings in which the registrant is qualified to interpret.

(c) No person shall provide interpreting services unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section, holds recognized national or state interpreter credentials determined by the department to be acceptable for interpreting purposes where appropriate in Connecticut and has met at least one of the following qualifications:

(1) (A) Has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, (B) holds a level three certification provided by the National Association of the Deaf, and (C) (i) documents the achievement of two continuing education units per year for a maximum of five years of training approved by the Commissioner of Aging and Disability Services, and (ii) on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination;

(2) (A) Has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, (B) is a graduate of an accredited interpreter training program and documents the achievement of two continuing education units per year for a maximum of five years of training approved by the commissioner, and (C) on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination;

(3) Holds a level four or higher certification from the National Association of the Deaf;

(4) Holds certification by the National Registry of Interpreters for the Deaf;

(5) For situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf;

(6) For situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test;

(7) Holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf;

(8) Holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate; or

(9) Holds the credential of Approved Deaf Interpreter, Approved American Sign Language-English Interpreter, or Approved Sign Language Transliterator by the Massachusetts Commission on the Deaf and Hard of Hearing.

(d) No person shall provide interpreting services in a medical setting unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section and holds (1) a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) a certificate of interpretation or a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) a level four or higher certification from the National Association of the Deaf, (4) a reverse skills certificate or certification as a deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, a certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(e) No person shall provide interpreting services in a legal setting unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section and holds (1) a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) a level five certification from the National Association of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(f) No person who is not registered as a qualified interpreter pursuant to this section shall:

(1) Engage in the practice of or offer to engage in the practice of interpreting for another person, an agency or an entity;

(2) Use the title “interpreter”, “transliterator” or a similar title in connection with services provided under his or her name;

(3) Present or identify himself or herself as an interpreter qualified to engage in interpreting in this state;

(4) Use the title “interpreter”, “transliterator” or a similar title in advertisements or communications; or

(5) Perform the function of or convey the impression that he or she is an interpreter or transliterator.

(g) The requirements of this section shall apply to persons who (1) receive compensation for the provision of interpreting services, and (2) provide interpreting services as part of their job duties. The requirements of this section shall not apply to nonregistered individuals such as family members and friends who voluntarily provide interpreting services at the request of a deaf, deaf-blind or hard of hearing person.

(h) The following individuals shall be exempt from the registration requirements of this section:

(1) An individual interpreting at (A) a worship service conducted by a religious entity, or (B) services for educational purposes conducted by a religious entity or religiously affiliated school;

(2) An individual engaged in interpreting during an emergency situation, when obtaining a registered interpreter or registered transliterator could cause a delay that may lead to injury or loss to the individual requiring the services, provided such emergency assistance does not waive any communication access requirements for any entity pursuant to the federal Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both may be amended from time to time;

(3) An individual engaged in interpreting as part of a supervised internship or practicum in an interpreting program at an accredited college or university or an interpreting mentorship program approved by the department if (A) such interpreting is not in a legal, medical or educational setting, or (B) the individual is accompanied by an interpreter registered pursuant to this section; or

(4) An interpreter who is certified by a recognized national professional certifying body such as the National Registry of Interpreters for the Deaf or the National Association of the Deaf or a recognized state professional certifying body from outside the state and provides interpreting services in the state for a period of time not exceeding fourteen days during a calendar year.

(i) Deaf, deaf-blind and hard of hearing persons may exercise their right to request or use a different registered interpreter than the interpreter provided to interpret for such persons in any interpreting setting in accordance with a nationally recognized interpreter code of professional conduct.

(j) Any person may report a violation of the provisions of this section to the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the state's protection and advocacy system for persons with disabilities.

(P.A. 98-252, S. 73, 80; June Sp. Sess. P.A. 01-2, S. 24, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 07-15, S. 1; P.A. 09-8, S. 10; P.A. 11-44, S. 42; June 12 Sp. Sess. P.A. 12-1, S. 93; P.A. 17-202, S. 94; P.A. 19-157, S. 95; 19-170, S. 1.)

History: P.A. 98-252 effective July 1, 1998; June Sp. Sess. P.A. 01-2 added Subsec. (a)(4) defining “educational setting”, amended Subsec. (d)(3) to reduce required certification from level five to level four and added Subsec. (g) re provision of services in an educational setting, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 07-15 amended Subsec. (a)(1) to redefine “interpreting” by substituting “language concept” for “specialized vocabulary” and making a technical change, amended Subsec. (a)(2) to redefine “legal setting” by substituting “a court of competent jurisdiction” for “the Superior Court or its agents”, amended Subsec. (a)(3) to redefine “medical setting” by adding “other health care professional”, amended Subsec. (c)(1) and (2) by adding reference to passage of the “National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination” and additional references to passage of the “National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination” to testing provisions, added Subsecs. (c)(8), (d)(7) and (e)(7) re holding National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, amended Subsecs. (c)(3) and (d)(3) to require level four “or higher” certification, and made technical changes; P.A. 09-8 made technical changes in Subsecs. (c), (d) and (e); P.A. 11-44 amended Subsec. (b) by replacing “Commission on the Deaf and Hearing Impaired” with “Bureau of Rehabilitative Services”, replacing “commission” with “director of the Bureau of Rehabilitative Services”, deleting provision requiring annual issuance of identification cards and making technical changes, amended Subsecs. (c), (d) and (e) by replacing “commission” with “Bureau of Rehabilitative Services” and making conforming changes, and deleted former Subsec. (g) re interpreting services in an educational setting, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services and replaced references to director of Bureau of Rehabilitative Services with references to Commissioner of Rehabilitation Services, effective July 1, 2012; P.A. 17-202 amended Subsec. (a)(1) by replacing “deaf or hard of hearing person's language concept” with “language concept of a person who is deaf or hard of hearing”; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; P.A. 19-170 amended Subsec. (a) by adding new Subdiv. (1) defining “department”, redesignating existing Subdiv. (1) as Subdiv. (2) and amending same to redefine “interpreting”, deleting former Subdivs. (2) to (4) re “legal setting”, “medical setting” and “educational setting”, respectively, adding new Subdiv. (3) defining “deaf-blind”, adding new Subdiv. (4) defining “educational setting”, adding Subdiv. (5) defining “legal setting”, adding Subdiv. (6) defining “medical setting”, and adding Subdiv. (7) defining “transliterating”, amended Subsec. (b) by adding “Except as provided in subsections (g) and (h) of this section,”, replacing “address” with “residential or business address, or both,”, adding “contact information, including, but not limited to,” and adding provisions re listing on Internet web site, documentation of training hours and identification cards, amended Subsec. (c) by adding provisions re national or state interpreter credentials, and adding Subdiv. (9) re credentials, amended Subsec. (f) by deleting existing provisions re applicability of section requirements and adding provisions re person not registered as qualified interpreter, added Subsec. (g) re applicability of section requirements, added Subsec. (h) re exemptions from registration requirements, added Subsec. (i) re right to request or use different interpreter, added Subsec. (j) re reporting violations, and made technical changes, effective July 1, 2019.

Section does not support equal protection claim that certification is required for person translating confession of non-hearing-impaired defendant due to defendant's inability to speak or read English. 299 C. 39.

Sec. 46a-33b. Interpreting services provided by the Department of Aging and Disability Services. Upon the request of any person or any public or private entity, the Department of Aging and Disability Services may provide interpreting services to assist such person or entity to the extent such persons who provide interpreting services are available. Any person or entity receiving interpreting services through the department shall reimburse the department for such services at a rate set by the Commissioner of Aging and Disability Services. The commissioner may adopt regulations in accordance with the provisions of chapter 54 to establish the manner of rate setting.

(P.A. 98-252, S. 74, 80; P.A. 11-44, S. 43; June 12 Sp. Sess. P.A. 12-1, S. 94; P.A. 16-118, S. 3; May Sp. Sess. P.A. 16-3, S. 79; P.A. 19-157, S. 96.)

History: P.A. 98-252 effective July 1, 1998; P.A. 11-44 replaced “Commission on the Deaf and Hearing Impaired” and “commission” with “Bureau of Rehabilitative Services” or “bureau” and with “director of the Bureau of Rehabilitative Services” or “director”, respectively, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services and replaced references to director of Bureau of Rehabilitative Services with references to Commissioner of Rehabilitation Services, effective July 1, 2012; P.A. 16-118 replaced “shall” with “may” re adopting regulations; May Sp. Sess. P.A. 16-3 replaced “shall” with “may” re providing interpreting services, effective July 1, 2016; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”.

Sec. 46a-33c. State agency interpreting services. Interpreting services provided by the Department of Aging and Disability Services. Exceptions. For purposes of this section, “state agency” has the same meaning as provided in section 9-612 and “interpreting” has the same meaning as provided in section 46a-33a. Any state agency that is unable to fulfill a request for interpreting services with its own interpreting staff shall first request such services from the Department of Aging and Disability Services and may seek such services elsewhere if (1) the department is unable to fulfill the request in two business days, or (2) the agency shows good cause that it needs such services immediately. The provisions of this section shall not (A) apply to the Department of Aging and Disability Services if the department needs interpreting services related to an internal matter and the use of department interpreters may raise confidentiality concerns, or (B) affect any preexisting contract for interpreting services. Interpreting services provided by a state agency shall be in accordance with the provisions of section 46a-33a.

(June Sp. Sess. P.A. 15-5, S. 425; P.A. 19-157, S. 97.)

History: June Sp. Sess. P.A. 15-5 effective July 1, 2015; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”.

Secs. 46a-34 to 46a-40. Reserved for future use.