209.321. License required to practice interpreting--certain professions exempt--practice to be limited to training and education--not considered interpreting, when--out-of-state licensees, temporary i

MISSOURI STATUTES AND CODES

209.321. License required to practice interpreting--certain professions exempt--practice to be limited to training and education--not considered interpreting, when--out-of-state licensees, temporary i

License required to practice interpreting--certain professionsexempt--practice to be limited to training and education--notconsidered interpreting, when--out-of-state licensees, temporaryinterpreting permitted--provisional licensure, criteria.

209.321. 1. No person shall represent himself or herself as aninterpreter or engage in the practice of interpreting as defined in section209.285 in the state of Missouri unless such person is licensed as requiredby the provisions of sections 209.319 to 209.339.

2. A person registered, certified or licensed by this state, anotherstate or any recognized national certification agent, acceptable to thecommittee that allows that person to practice any other occupation orprofession in this state, is not considered to be interpreting if he or sheis in performance of the occupation or profession for which he or she isregistered, certified or licensed. The professions referred to in thissubsection include, but are not limited to, physicians, psychologists,nurses, certified public accountants, architects and attorneys.

3. A licensed interpreter shall limit his or her practice todemonstrated areas of competence as documented by relevant professionaleducation, training, experience and certification. An interpreter nottrained in an area shall not practice in that area without obtainingadditional relevant professional education, training and experience throughan acceptable program as defined by rule by the Missouri commission for thedeaf and hard of hearing.

4. A person is not considered to be interpreting pursuant to theprovisions of this section if, in a casual setting and as defined by rule,a person is acting as an interpreter gratuitously or is engaged ininterpreting incidental to traveling.

5. A person is not considered to be interpreting pursuant to theprovisions of this section if a person is engaged as a telecommunicationsoperator providing deaf relay service or operator services for the deaf.

6. A person is not considered to be interpreting under the provisionsof this section if the person is currently enrolled in an interpretertraining program which has been accredited by a certifying agency andapproved by the committee. The training program shall offer a degree ininterpreting from an accredited institution of higher education. Personsexempted under this provision shall engage only in activities and servicesthat constitute part of a supervised course of study and shall clearlydesignate themselves by a title of the student, practicum student, studentinterpreter, trainee, or intern.

7. A person holding a current certification of license from anotherstate or recognized national certification system deemed acceptable by thecommittee is not considered to be interpreting as defined in this chapterwhen temporarily present in the state for the purpose of providinginterpreting services for a convention, conference, meeting, professionalgroup, or educational field trip.

8. (1) The board for certification of interpreters shall grant aprovisional certificate in education for any applicant who meets either ofthe following criteria:

(a) The applicant possesses a current valid certification in theMissouri interpreters certification system at either the novice orapprentice level and holds a valid license to provide interpretingservices; or

(b) The applicant has submitted an application for certification inthe Missouri interpreters certification system and an application for aninterpreting license pursuant to sections 209.319 to 209.339 and has takenthe written test and performance test or attests that he or she willcomplete the certification and licensure applications and take the writtentest within sixty days following the date of application for a provisionalcertificate in education and will complete the performance test withinsixty days following passage of the written test.

(2) The board shall issue the provisional certificate in educationwithin ten business days following receipt of a complete application.

(3) A provisional certificate issued under paragraph (a) ofsubdivision (1) of this subsection shall be valid for a term of three yearsand shall be renewed by the board, upon request by the certificate holder,for one additional term of three years if the certificate holder isreevaluated during the first term of issuance and achieves a higher levelof certification in the Missouri interpreter certification system.

(4) A provisional certificate issued under paragraph (b) ofsubdivision (1) of this subsection shall be valid for one year and shall berenewed, upon request by the certificate holder, pursuant to subdivision(3) of this subsection if the certificate holder is reevaluated during theterm of issuance and achieves a certification in the Missouri interpretercertification system. Such renewed certificate shall be subject to theterm length and renewal provisions of subdivision (3) of this subsection.

(5) A provisional certificate in education shall be limited toproviding interpreters services in preschool, elementary and secondaryschool settings or as allowed by any other valid Missouri certification orlicense held by the individual.

(6) A provisional certificate in education may be revoked by theboard if the person makes any misrepresentations or fails to fulfill anycommitment made pursuant to paragraph (b) of subdivision (1) of thissubsection, or violates the provisions of section 209.317 or 209.334 orbreaks any of the ethical rules of conduct for interpreters as establishedby state rule or fails to obtain the necessary continuing education creditsrequired for certification maintenance.