Proposed Changes to Chapter 90D

The members of the Board in collaboration with community stakeholders have been working toward changes to chapter 90D.  The proposed changes are concentrated in 90D-7 and 90D-8, which relate to pathways to Full and Provisional licenses respectively.  

**Please note the proposed changes have nothing to do with rulemaking.**

All proposed changes are indicated in bold italicized font.

Proposed change to 90D-7 (a) (3):
§ 90D-7. Requirements for licensure.
(a) Upon application to the Board and the payment of the required fees, an applicant may be licensed as an interpreter or transliterator if the applicant meets all of the following qualifications:
(1) Is 18 years of age or older.
(2) Is of good moral character as determined by the Board.
(3) Meets one of the following criteria:
a. Holds a valid National Association of the Deaf (NAD), level 4 or 5 certification.
b. Is nationally certified by the Registry of Interpreters for the Deaf, Inc., (RID).
c. Holds a valid Testing, Evaluation and Certification Unit, Inc., (TECUnit) national certification in cued language transliteration.
d. Holds a quality assurance North Carolina Interpreter Classification System (NCICS) level A or B classification in effect on January 1, 2000.
e. Holds a current Cued Language Transliterator State Level Assessment (CLTSLA) level 3 or above classification.
f. Holds such other certification or classification or meets such other criteria or standards as may be adopted by the Board through rulemaking.

Basis: Currently the sole pathway to full licensure is RID, the Registry of Interpreters for the Deaf, a national certifying body. The other options under this section are no longer viable for certification. The additional language would allow the Board to seek out and approve additional accrediting/certifying bodies as alternate pathways to Full status.

Proposed changes to 90D-8 (a)
§ 90D-8. Provisional license.
(a) Upon application to the Board and the payment of the required fees, an applicant may be issued a one-time provisional license as an interpreter or transliterator if the applicant meets all of the following qualifications:
(1) Is at least 18 years of age.
(2) Is of good moral character as determined by the Board.
(3) Completes two continuing education units approved by the Board. These units must be completed for each renewable year.
(4) Holds at least a two-year interpreting degree from an accredited institution and satisfies one of the following:
a. Holds a quality assurance North Carolina Interpreter Classification System (NCICS) level C classification.
b. Holds a valid National Association of the Deaf (NAD) level 2 or 3 certification.
c. Holds a current Educational Interpreter Performance Assessment (EIPA) level 3.5 or above classification.
d. Repealed by Session Laws 2005-299, s. 2, effective August 22, 2005.
e. Holds such other certification or classification or meets such other criteria or standards as may be adopted by the Board through rulemaking.
(a1) Upon application to the Board, payment of the required fees, and meeting the requirements for a provisional license under subdivisions (1) and (2) of subsection (a) of this section, the Board may also issue a provisional license to any of the following categories of persons seeking a provisional license:
(1) A deaf interpreter who completes 16 hours of training in interpreting coursework or workshops, including role and function or ethics, and 20 hours in the 12 months immediately preceding the date of application in the provision of interpreting services.
(2) An oral interpreter who completes a total of 40 hours of training in interpreting coursework or workshops related to oral interpreting.
(3) A cued language transliterator who holds a current TECUnit Cued Language Transliterator State Level Assessment (CLTSLA) 2 or above classification.
(4) A person providing interpreting or transliterating services who has a recognized credential from another state in the field of interpreting or transliterating.
(5) An interpreter or transliterator who has accumulated 200 hours per year in the provision of interpreting or transliterating services, in this State or another state, totaling 400 hours for the two years immediately preceding the date of application.

Basis: This change seeks to couple the provisional license criteria. The NC legislature recently passed an increase to the minimum requirement for Educational Interpreters from an EIPA score of 3.0 to an EIPA score of 3.5. It would require the 2-year degree for the professional foundation for the field of interpreting as well as the 3.5 score on the EIPA. This score will show minimum competency in the practice of interpreting from/to the languages of American Sign Language/English. Community interpreters work in more rigorous settings such as healthcare, employment, legal, etc. It stands to reason the requirements for these professionals would be equal to or above the standards in the educational setting. Furthermore, the same additional language, as proposed in 90D-7, would allow the board to seek and approve additional testing/certifying bodies, in addition to the EIPA, for the competency portion of the criteria. The noted change to the cued language transliterator section is just an update to the language to reflect the current certification available.

Proposed Changes 90D 8 (b)
(b) A provisional license issued under this section shall be valid for one year. Upon
expiration, a provisional license may be renewed for an up to four additional one-year periods through the requirements set by the Board through rulemaking. A provisional license shall not be renewed more than four times and no further renewal or extension of a provisional license shall be granted.

Basis: The Board recently approved to publish proposed changes to the rules. This change to the statute would align with the direction of the Board.

Proposed Addition 90D 8 (d)
(d) Beginning with the 2023-24 licensure year, all applicants who initially qualified under Subsection (a) and who are seeking renewal of a provisional license must meet the requirements of Subsection (a)(4) above in addition to all other requirements necessary for renewal.

Basis: The addition of a section (d) would call for all current provisional licensees to meet our new minimum standard during their next renewal period.