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§70-13-115. Short title.

This act shall be known and may be cited as the “Oklahoma Educational Interpreter for the Deaf Act”.
Added by Laws 2002, c. 220, § 1, eff. July 1, 2002.

§70-13-115.1. Purpose of act.

It is essential for the well-being and educational growth of deaf and hard-of-hearing students that education programs recognize the unique nature of deafness and ensure that all deaf and hard-of-hearing students have appropriate, ongoing, and fully accessible educational opportunities. It is essential that deaf and hard-of-hearing students, like all students, are provided an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency.
Added by Laws 2002, c. 220, § 2, eff. July 1, 2002.

§70-13-115.2. Definitions.

As used in the Oklahoma Educational Interpreter for the Deaf Act:
1. “Communication mode or language” means one or more of the following systems or methods of communication applicable to deaf and hard-of-hearing students:

a. American Sign Language,

b. English-based sign systems, or

c. oral, aural, or other speech-based communication;

2. “Educational Interpreter” means a person who possesses a combination of interpreting skills for expressing and receiving information in a variety of signed and oral languages and modes;
3. The Oklahoma “Quality Assurance Screening Test (QAST)” means a tool used for the comprehensive evaluation of interpreters;
4. “Interpreter Training Program” means a training program in an accredited college or university for preparing interpreters for the deaf;
5. “Work Experience” means a minimum of three (3) years of full-time-equivalent work in the field of deaf education; and
6. “Comparable Level of Proficiency” means a comparable level of proficiency on any other national- or state-recognized educational interpreter assessment as determined and recognized by the State Department of Education.
Added by Laws 2002, c. 220, § 3, eff. July 1, 2002.

§70-13-115.3. Educational interpreters – Educational and experience requirements.

A. Except as otherwise provided in this section, any person who functions as an educational interpreter in a public school shall have the interpersonal skills to work effectively and collaboratively with staff and students within the instructional setting as well as a comprehensive, general knowledge of academic subjects and current events, educational processes and organization, principles and practices of special education, aspects and issues of deaf culture, and have:

1. Completed an interpreter training program;

2. Attained a bachelor’s degree; or

3. Worked three (3) or more years in an area related to the field of deaf education.

B. In addition to the requirements of subsection A of this section, a person who functions as an educational interpreter in a public school shall attain one or more of the following:

1. Certification by the Registry of Interpreters of the Deaf (RID);

2. National Association of the Deaf (NAD) Level IV or better;

3. Quality Assurance Screening Test (QAST) Level III or better; or

4. A comparable level of proficiency.

It shall be desirable for an educational interpreter to hold either a bachelor’s or associate’s degree.
C. A person who has never worked as an educational interpreter in any public school, who meets the requirements as provided in subsection A of this section, who does not meet the requirements of subsection B of this section, and who has attained the Quality Assurance Screening Test (QAST) Level I or II, may be employed as an educational interpreter for up to three (3) years. The person shall not be eligible to be employed as an educational interpreter in any public school of this state after the third year until the person attains one of the proficiency levels as provided in subsection B of this section.
D. Any educational interpreter employed by a public school on the effective date of this act who does not meet the requirements of subsection B of this section shall be required to attain QAST Level I or a comparable level of proficiency by July 1, 2004. An educational interpreter shall have until July 1, 2006, to meet the requirements of subsections A and B of this section or a comparable level of proficiency.
Added by Laws 2002, c. 220, § 4, eff. July 1, 2002.

§70-13-115.4. Rules – Registry of educational interpreters – Continuing education.

The State Department of Education shall adopt rules to implement the provisions of this act in collaboration with the State Department of Rehabilitation Services. The State Department of Education shall:

1. Maintain a registry of individuals who meet the qualifications as educational interpreters as set forth in this act; and

2. Establish a system of and requirements for continuing education. Such system shall require completion of the minimum QAST continuing education units per year, in which fifty percent (50%) of such units include training in educational interpreting.

Added by Laws 2002, c. 220, § 5, eff. July 1, 2002.

§20-1701.  State Board of Examiners of Certified Courtroom Interpreters.

A.  There is hereby created the State Board of Examiners of Certified Courtroom Interpreters which shall consist of five (5) members, four of whom shall be certified courtroom interpreters and at least one of whom shall be a qualified interpreter as defined in Section 2408 of Title 63 of the Oklahoma Statutes, at least one of whom shall be certified in Spanish, and at least one of whom shall be certified in Vietnamese.  The Board shall also consist of one member who shall be a licensed attorney or judge and who shall not be required to be a certified courtroom interpreter or translator.  The members shall be persons who have been, for at least two (2) years prior to their appointment to the Board, residents of this state and, except for the attorney or judge member, certified courtroom interpreters.  All members shall be appointed by the Chief Justice of the Supreme Court and shall serve in staggered terms, each for a period of five (5) years except for the initial appointees who shall serve terms pursuant to subsection B of this section.  No member may serve more than two terms in succession.  The Board shall elect from its membership a chair and a secretary.  Three members shall constitute a quorum.  The Board may adopt a seal for its official use.  All actions of the Board shall be supervised by the Supreme Court and be subjected to approval by the Court.  All members shall be required to maintain their certification during their time on the Board.

B.  The initial members of the Board shall serve as follows:

1.  The members constituting the initial Board under this act shall be certified as a courtroom interpreter or translator in another state or under the federal system until obtaining, during their first year of service, certification in this state; and

2.  The initial appointees shall serve for staggered terms:  one member shall serve for one (1) year, one member shall serve for two (2) years, one member shall serve for three (3) years, one member shall serve for four (4) years, and one member shall serve for five (5) years.  Thereafter, all terms shall be for five (5) years.

[1] Added by Laws 2005, c. 427, § 1, eff. Nov. 1, 2005.

[2]

§20-1702.  Duties and powers of Board.

A.  The State Board of Examiners of Certified Courtroom Interpreters shall:

1.  Determine and establish levels of interpreter or translator certifications and specialization certificates to meet the needs of a variety of court proceedings, as the Board deems necessary and appropriate;

2.  Conduct preliminary investigations to determine the qualifications of applicants seeking to attain the status of certified courtroom interpreter or translator;

3.  Conduct at least once a year, at a place and time to be published by reasonable notice as directed by the Supreme Court, an examination of those persons who seek to attain the status of certified courtroom interpreter or translator, or contract for such examination.  The Board shall also include an examination of interpreter or translator ethics as a condition of attaining the status of certified courtroom interpreter or translator;

4.  Recommend to the Supreme Court for official enrollment as certified courtroom interpreter or translator those persons who, on their examination, have established the requisite proficiency as set forth in Section 3 of this act;

5.  Conduct proceedings, on reasonable notice, the object of which are to recommend to the Supreme Court the suspension, cancellation, revocation, or reinstatement of the enrollment of a certified courtroom interpreter or translator or of the status of any acting courtroom interpreter or translator, regular or provisional, on the following grounds:

a.         a final conviction of a criminal offense involving moral turpitude,

b.         misrepresentation in obtaining licensure,

c.         any violation of or noncompliance with any rule or directive of the Supreme Court,

d.         fraud, gross incompetence, or gross or habitual neglect of duty,

e.         engaging in the practice of courtroom interpreting or translating using a method for which the interpreter or translator is not certified,

f.          engaging in the practice of courtroom interpreting or translating while certification is suspended,

g.         nonpayment of renewal dues, or

h.         failure to annually complete at least eight (8) hours of continuing education approved by the State Board of Examiners of Courtroom Interpreters;

6.  Adopt, with the approval of the Supreme Court, examination standards and rules governing enrollment, discipline, suspension, cancellation, and revocation proceedings and any other matter within the Board’s cognizance; and

7.  Keep a current roll of certified courtroom interpreters and a file on all disciplined certified courtroom interpreters, official or unofficial, regular or provisional.

B.  In all hearings or investigations on revocation, cancellation, or suspension of enrollment, each Board member shall be empowered to administer oaths or affirmations, subpoena witnesses, and take evidence anywhere in the state, after giving reasonable notice to the party whose status is sought to be affected.

[3] Added by Laws 2005, c. 427, § 2, eff. Nov. 1, 2005.

[4]

§20-1703.  Application for certification – Examination – Certified methods of interpreting or translating.

A.  Every applicant who seeks to be examined for enrollment as a certified courtroom interpreter or translator shall prove to the satisfaction of the State Board of Examiners of Courtroom Interpreters that he or she:

1.  Is of legal age;

2.  Meets the requisite standards of ethical fitness as established by the Board pursuant to the recommendation of the State Ethics Commission; and

3.  Has at least a high school education or its equivalent.

B.  The examination for certification for the level for which applied in one or more authorized methods or languages of courtroom interpreting or translating shall consist of three parts, designated as Part 1, Part 2, and Part 3 as follows:

1.  Part 1 consists of proof of having passed the Oklahoma Courtroom Interpreter Examination for the level for which the individual has applied or an equivalent test as authorized by the Supreme Court consisting of the following requirements:  demonstrated proficiency in interpreting or translating from the source language to the target language at a level of at least eighty percent (80%) proficiency, and demonstrated proficiency in interpreting or translating from the target language to the source language at a level of at least eighty percent (80%) proficiency.  This test shall include legal terminology and shall involve scenarios related to courtroom interpreting or translating such as opening statements, closing arguments, witness examinations, and evidence translation;

2.  Part 2 consists of a written exam of not less than twenty-five multiple choice questions relating to the ethical responsibilities of courtroom interpreters; and

3.  Part 3 is the Oklahoma Written Knowledge Test for Courtroom Interpreters which consists of not less than twenty-five multiple choice questions relating to Oklahoma law and court rules, duties of courtroom interpreters, and general court procedure.  The examination shall be approved by the Supreme Court.  A person who has tested with the Board and successfully completed the written knowledge portion of the examination shall be allowed to retain the credit for that portion for one (1) year from the date passed, and shall not be required to retake that portion during the one-year period.

C.  An applicant who is academically dishonest when taking any authorized examination is disqualified and may not take the examination again until five (5) years have elapsed from the date of the examination at which the applicant is disqualified.

D.  A certification issued under this section must be for one or more of the following methods of courtroom interpreting or translating:

1.  Translation of written text;

2.  Interpretation of spoken words; or

3.  Any other method of interpreting or translating authorized by the Supreme Court.

E.  Effective January 1, 2006, no person may engage in courtroom interpreting or translating unless the person is a certified courtroom interpreter or translator; provided, however, nothing shall preclude the Board from issuing provisional certificates pursuant to its rules.

[5] Added by Laws 2005, c. 427, § 3, eff. Nov. 1, 2005.

[6]

§20-1704.  Continuing education – Exemptions.

A.  Every certified courtroom interpreter or translator and every courtroom interpreter or translator temporarily employed by a court of competent jurisdiction shall annually complete at least eight (8) hours of continuing education approved by the State Board of Examiners of Courtroom Interpreters, which shall include at least two (2) hours which relate to Oklahoma court rules and procedures.

B.  A certified courtroom interpreter or translator is exempt from the requirement of subsection A of this section if the interpreter or translator verifies under oath to the State Board of Examiners of Certified Courtroom Interpreters that such person:

1.  Is a member of the armed forces on full-time active duty during the entire calendar year for which the interpreter or translator seeks an exemption; or

2.  Has provided written verification by a licensed physician that a medical condition has prevented the court interpreter or translator from working in such capacity and completing continuing education for the calendar year for which the interpreter or translator seeks an exemption.

[7] Added by Laws 2005, c. 427, § 4, eff. Nov. 1, 2005.

[8]

§20-1705.  Certification from other states.

A person holding a license from another state which is deemed by the State Board of Examiners of Certified Courtroom Interpreters to be equivalent to that of an Oklahoma certified courtroom interpreter or translator may be enrolled without examination as an Oklahoma certified courtroom interpreter or translator upon payment of fees established by the Board, satisfying the Board that such person’s credentials are in proper order and that he or she is a resident of Oklahoma.  The court may utilize a person certified in another state to serve as an interpreter or translator for a particular case provided such person has registered in accordance with the rules of the Board.

[9] Added by Laws 2005, c. 427, § 5, eff. Nov. 1, 2005.

[10]

§20-1706.  Certification from other national entities.

A person holding a license from a national entity which is deemed by the State Board of Examiners of Certified Courtroom Interpreters to be equivalent to that of an Oklahoma certified courtroom interpreter or translator may be enrolled without examination as an Oklahoma certified courtroom interpreter or translator upon satisfying the Board that such person’s credentials are in proper order and that he or she is a resident of Oklahoma.

[11] Added by Laws 2005, c. 427, § 6, eff. Nov. 1, 2005.

[12]

§20-1707.  Fees.

A.  The State Board of Examiners of Certified Courtroom Interpreters shall annually set and publish a fee schedule with approval of the Supreme Court.

B.  All fees authorized to be charged shall be paid to the Clerk of the Supreme Court who shall deposit such fees in the State Judicial Fund.  The Chief Justice shall be authorized to draw against the Supreme Court Revolving Fund such amounts as are lawfully claimed by the Board for its necessary supplies and expenses.  When performing essential duties, each Board member shall be entitled to such member’s expenses pursuant to the State Travel Reimbursement Act and shall receive, in addition thereto, the sum of One Hundred Dollars ($100.00) for each full day of service or a fraction thereof for less than a day’s service or any other amount that is established by the Legislature.

[13] Added by Laws 2005, c. 427, § 7, eff. Nov. 1, 2005.

[14]

§20-1708.  Use of C.C.I. abbreviation.

Every person enrolled as a certified courtroom interpreter or translator shall be entitled to use the abbreviation C.C.I. after his or her name.  Courtroom interpreters holding a provisional certification shall not be allowed the use of the abbreviation.  Certified courtroom interpreters shall be authorized to interpret or translate all proceedings related to the case to which he or she has been assigned.

[15] Added by Laws 2005, c. 427, § 8, eff. Nov. 1, 2005.

[16]

§20-1709.  Conflicts of interest.

A.  A courtroom interpreter or translator or owner of a courtroom interpreter or translator firm shall not enter into any contract or relationship that compromises the impartiality of courtroom interpreters or that may result in the appearance that the impartiality of a courtroom interpreter or translator has been compromised.

B.  A violation of this section shall be grounds for the State Board of Examiners of Courtroom Interpreters to refuse to renew the enrollment of a certified courtroom interpreter or translator.  A willful violation of this section shall be grounds for the Board to suspend, cancel, or revoke the enrollment of a certified courtroom interpreter or translator.

[17] Added by Laws 2005, c. 427, § 9, eff. Nov. 1, 2005.

[18]

§20-1710.  Good cause for services of non-certified persons.

When good cause is shown and the court has determined that it would not be practical, within a reasonable time frame, to secure the services of an individual certified under this act, the court may utilize the services of a non-certified person.  For purposes of this section, “good cause” means that due to the nature of the hearing, and time being of the essence, the securing of a certified interpreter or translator would not be possible due to the time, distance, or availability of a certified interpreter or translator.  The court shall make a specific finding as to the good cause for the emergency circumstances.  In addition, the non-certified person shall have reasonably demonstrated to the court and the parties such person’s proficiency for the purposes of that hearing.  It is also mandatory that the proceedings are audio taped, and in the event of deaf or hard of hearing individuals, audio and video taped.  The recording shall be labeled and remain an official part of the record.

[19] Added by Laws 2005, c. 427, § 10, eff. Nov. 1, 2005.

******************************************

STATE DEPARTMENT OF REHABILITATION SERVICES

QUALITY ASSURANCE SCREENING TEST (QAST)

For

SIGN LANGUAGE INTERPRETERS

ETHICHAL STANDARDS

*****************************************************************

Each individual shall agree to abide by the Oklahoma Quality Assurances Code of Ethics presented in (1) through (8) of this Subsection as a condition of certification.

(1) The interpreter/transliterator shall be dedicated to providing competent interpreting services in a manner befitting a professional.

(A) The interpreter/transliterator shall conduct him/herself in a manner which will reflect high standards of professionalism. This requires proper behavior suitable to the circumstances of the interpreting assignment.

(B) The interpreter/transliterator will dress appropriately to the circumstances of the interpreting assignment. Dress will be as unobtrusive as possible, and care will be taken to avoid cloth patterns or accessories which would interfere with clear perception of the consumer(s) through distraction or poor foreground/background contrast.

(C) The interpreter/transliterator will, to the maximum extent possible, choose positioning of themselves to avoid distracting backgrounds or inadequate lighting, and within comfortable visual/audible range of the consumer(s).

(D) The interpreter/transliterator will request compensation for services in a professional and judicious manner. The interpreter/transliterator will be knowledgeable of fees commensurate with their level of skill, level of certification, length of experience, and nature of the interpreting assignment, as well as fees customary to the geographic region.

(2) The interpreter/transliterator uses discretion in accepting assignments based upon language competency with regard to the setting and/or consumers involved.

(A) The interpreter/transliterator will base acceptance of assignments upon his/her qualifications to handle the English language characteristically utilized in any given situation. If an interpreter/transliterator cannot understand the English language used, nor express it in sign language, or cannot maintain an acceptable pace, the interpreter/transliterator should not accept the assignment.

(B) The best practice for a professional interpreter/transliterator will be to make every reasonable effort to assess the language skills of the consumer(s) involved to determine his/her ability to understand and be understood in the given assignment by asking appropriate questions of the requestor of services, without asking the identity of the consumer. If this assessment prior to acceptance is not possible, the interpreter/transliterator should arrive at the assignment early to assess the language skills taking care that the communication exchange is not assignment related. At this time, the interpreter/transliterator may decide to proceed with the assignment, or decline the assignment. If the assignment is declined prior to the assignment, or later during the assignment, assistance may be required in securing a more qualified interpreter to take the assignment at that time, or at a later scheduled time.

(C) When the only available interpreter/transliterator does not possess the needed skill level for a given assignment, the consumer(s) should be informed of these limitations so that a reasonable decision about accepting or declining the assignment can be made by all involved.

(D) The interpreter/transliterator should be familiar with statutory requirements regarding interpreter qualifications in a state before accepting an assignment in that state which might require a higher level of certification.

(3) The interpreter/transliterator uses discretion in accepting assignments based upon the capacity to maintain impartiality with regard to the setting and/or consumers involved.

(A) The interpreter/transliterator should accept assignments only when the interpreter/transliterator feels comfortable dealing with the content of the communication in an impartial manner. If the personal feelings or beliefs of the interpreter/transliterator would interfere with rendering the message accurately, the interpreter/transliterator should withdraw from the assignment.

(B) Interpreters/transliterators should refrain from providing interpreter services in situations where family members, or close personal or professional relationships may affect impartiality. Emergency situations may compel an interpreter/transliterator to provide services for family, friends, or close associates.

(C) Interpreters/transliterators should strive for complete neutrality between consumers in the interpreting assignment. This neutrality can be compromised for various reasons. Whenever neutrality is compromised, it is the obligation of the interpreter/transliterator to assure that all affected consumers are duly advised and given the option of declining the interpreter/transliterator assignment.

(4) The interpreter/transliterator shall judiciously safeguard assignment-related information because it is confidential.

(A) A full-time interpreter/transliterator may provide information to his/her employer or other appropriate staff for purposes of record keeping, program management, or supervision without breaching confidentiality.

(B) The right to privacy is inalienable for all citizens. The interpreter/transliterator has a fundamental obligation to safeguard any confidential information acquired from any source during an interpreter assignment. Injudicious disclosures of confidential information could adversely affect the consumer’s reputation, and expose the interpreter/transliterator to liability.

(C) The interpreter/transliterator should consult legal counsel when in doubt concerning disclosure in a court of law, and professional rights and responsibilities.

(5) The interpreter/transliterator shall provide information when necessary, to the consumers involved as to the role and appropriate use of the interpreter/transliterator. Assuring the education of consumers as to the proper use of an interpreter is a basic responsibility of the interpreter/transliterator. The experienced consumer may also provide such education. Consumer education should be succinct, and is best presented prior to an assignment to ensure a smooth communication exchange.

(6) The interpreter/transliterator conveys the content and affect of the communication transmitted using the language most easily understood by the persons involved in the communication/transaction.

(A) The interpreter/transliterator must transmit all communication in the exact way it is presented, conveying the speaker’s intention. The interpreter/transliterator is not responsible for what is said or how it is said; only for conveying the message accurately and with the intended affect. The interpreter/transliterator shall withdraw from an assignment when his/her personal feelings interfere with rendering the message accurately with the intended affect.

(B) The interpreter/transliterator shall communicate in the manner most easily understood or preferred by the consumer(s), such as American Sign Language, Manually Coded English, finger spelling, gesturing, drawing, or writing.

(7) The interpreter/transliterator should not counsel nor interject personal opinion, but may exercise professional judgment in assessing whether or not communication is being understood and may also inform the consumers involved of available resources as appropriate.

(A) The interpreter/transliterator shall not step out of the role of communication facilitator by offering counsel or interjecting personal opinion. Exercising professional judgment and offering a professional opinion in assessing whether communication is being understood is not a breech of ethics.

(B) Recommending known and available resources to the consumer is considered within the professional role of the interpreter/transliterator. The interpreter’s responsibility in this regard is only to inform in a courteous and helpful manner. It is the consumer’s decision whether they wish to follow through with any recommendation.

(8) The interpreter/transliterator should pursue further knowledge and maintain competency in interpreting or transliterating skills. The interpreter/transliterator should strive to further knowledge and skills through active participation in workshops, professional meetings, interaction with professional colleagues, and reading of literature in the field.

§63-2407.  Short title.

Sections 2407 through 2415 of this title shall be known and may be cited as the “Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing Act”.

[2] Added by Laws 1982, c. 290, § 1.  Amended by Laws 2005, c. 395, § 1, eff. Nov. 1, 2005.

[3]

§63-2408.  Definitions.

As used in the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing Act:

1.  “Deaf person” or “hard-of-hearing person” means an individual whose sense of hearing is nonfunctional for the ordinary purposes of life, and also may include a person who is deaf-blind, meaning a deaf or hard-of-hearing person whose vision is also nonfunctional for the ordinary purposes of life;

2.  “Qualified legal interpreter” means:

a.         an individual certified by the State Board of Examiners of Certified Courtroom Interpreters, or

b.   (1)  an individual who possesses the knowledge and skills necessary to accurately and impartially interpret spoken English into the equivalent visual languages and modes, and currently certified by the National Registry of Interpreters for the Deaf as one of the following:

(a)        Specialist Certificate:  Legal (SC:L).  In the event none are available, then

(b)        Certificate of Interpretation and Certificate of Transliteration (CI & CT), Comprehensive Skills Certificate (CSC), or National Association of the Deaf Certificate Level 5 (NAD5),

(2)        an individual who possesses the knowledge and skills necessary to accurately and impartially transliterate for a person who is oral or nonsigning using the equivalent oral or captioned mode, and is currently certified by the National Registry of Interpreters for the Deaf as one of the following:

(a)        Specialist Certificate:  Oral Transliteration Certificate (OTC).  In the event none are available, then

(b)        Specialist Certificate:  Legal (SC:L).  In the event none are available, then

(c)        Certificate of Interpretation and Certificate of Transliteration (CI & CT), Comprehensive Skills Certificate (CSC), or National Association of the Deaf Certificate Level 5 (NAD5).  In the event none are available, then a recognized national or state certifying body of captionists, or

(3)        an individual who:

(a)        is deaf or hard-of-hearing who possesses the knowledge, skills, specialized training and experience to enhance communication with persons who are deaf or hard-of-hearing and whose communication modes are so unique that they cannot be adequately assessed by interpreters who are hearing, and

(b)        holds the following qualifications as a deaf interpreter:  National Registry of Interpreters for the Deaf, Certified Deaf Interpreter (CDI); in the event none are available, then an Oklahoma QAST Deaf Evaluator may be utilized; and

3.  “Appointing authority” means any court, department, board, commission, agency, licensing authority, political subdivision or municipality of the state.

[4] Added by Laws 1982, c. 290, § 2.  Amended by Laws 2005, c. 395, § 2, eff. Nov. 1, 2005.

[5]

§63-2409.  Appointment of interpreter in court action or grand jury proceeding.

A.  In any case before any state or local court or grand jury, wherein a person who is deaf or hard-of-hearing is a litigant, defendant, spectator as required by subtitle A of Title II of the Americans with Disabilities Act, Pub. L. 101-336, witness, party, prospective juror, or juror, the court shall, upon request, appoint a qualified legal interpreter to interpret the proceedings to the deaf or hard-of-hearing person and interpret testimony or statements and to assist in preparation with counsel.  The court shall also appoint a qualified legal interpreter, upon request, for any party proceeding in forma pauperis in an action before the court.  The individual who is deaf or hard-of-hearing shall determine which type of qualified legal interpreter best fits the needs of the individual.

B.  Efforts to obtain the services of a qualified legal interpreter with the highest available level of certification, skill and specialized training in the area of legal interpretation for the deaf or hard-of-hearing will be made prior to accepting services of an interpreter with lesser certification and skill.  Once a qualified legal interpreter is appointed, the interpreter shall be afforded the time necessary to make a language assessment in order to ensure effective communication, and to assess whether a deaf interpreter may also be necessary.  Based on the language assessment, the interpreter will make recommendations to the court.

C.  The provisions of this section shall be construed in conjunction with Sections 1 through 10 of Senate Bill No. 779 of the 1st Session of the 50th Oklahoma Legislature, if that bill is enacted.

[6] Added by Laws 1982, c. 290, § 3.  Amended by Laws 1989, c. 194, § 1, eff. Nov. 1, 1989; Laws 1995, c. 73, § 2, emerg. eff. April 12, 1995; Laws 2005, c. 395, § 3, eff. Nov. 1, 2005.

[7]

§63-2410.  Arrests – Appointment of interpreter.

A.  In the event a person who is deaf or hard-of-hearing is arrested and taken into custody for any alleged violation of a criminal law of this state or for civil contempt, a qualified legal interpreter shall be obtained through any interpreter service agency providing qualified legal interpreting services for the deaf and hard-of-hearing or with individuals who meet the qualifications for a qualified legal interpreter in order to communicate to the person that person’s legal rights and to interview and interrogate properly.  No statement taken from such deaf or hard-of-hearing person before a qualified legal interpreter is present shall be admissible in court.  The individual who is deaf or hard-of-hearing shall determine which type of qualified legal interpreter best fits the needs of the individual.

B.  The provisions of this section shall be construed in conjunction with Sections 1 through 10 of Senate Bill No. 779 of the 1st Session of the 50th Oklahoma Legislature, if that bill is enacted.

[8] Added by Laws 1982, c. 290, § 4.  Amended by Laws 2005, c. 395, § 4, eff. Nov. 1, 2005.

[9]

§63-2411.  Administrative proceedings – Appointment of interpreter.

In any proceeding before any department, board, commission, agency or licensing authority of the state, in any political subdivision or municipality, wherein any deaf or hard-of-hearing person is a defendant, applicant, spectator as required by subtitle A of Title II of the Americans with Disabilities Act, Pub. L. 101-336, complainant, principal witness or party, such department, board, commission, agency, licensing authority, political subdivision or municipality shall appoint a qualified legal interpreter upon request of the deaf or hard-of-hearing individual.  The individual who is deaf or hard-of-hearing shall determine which type of qualified legal interpreter best fits the needs of the individual.  It shall be the duty of the appointing authority to inform the deaf or hard-of-hearing person of the rights of that person to the services of an interpreter.

[10] Added by Laws 1982, c. 290, § 5.  Amended by Laws 1989, c. 194, § 2, eff. Nov. 1, 1989; Laws 2005, c. 395, § 5, eff. Nov. 1, 2005.

[11]

§63-2412.  Notice of necessity of interpreter – Proof of hearing loss.

Every deaf or hard-of-hearing person whose appearance in any proceeding entitles that person to a qualified legal interpreter shall make a good faith effort to notify the appointing authority of the desire of the person for an interpreter.  An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of hearing loss when the appointing authority has reason to believe that the person does not have a hearing loss.

[12] Added by Laws 1982, c. 290, § 6.  Amended by Laws 2005, c. 395, § 6, eff. Nov. 1, 2005.

[13]

§63-2413.  Request for interpreter.

It shall be the responsibility of the appointing authority to request interpreter services through any interpreter service agency providing qualified legal interpreting services for the deaf and hard-of-hearing or with individuals who meet the qualifications for a qualified legal interpreter.

[14] Added by Laws 1982, c. 290, § 7.  Amended by Laws 1986, c. 7, § 3, eff. July 1, 1986; Laws 1995, c. 73, § 3, emerg. eff. April 12, 1995; Laws 2005, c. 395, § 7, eff. Nov. 1, 2005.

[15]

§63‑2413.1.  Contracts with employees of other state agencies for interpreter services.

Any agency of this state that requires the services of a qualified interpreter for a deaf person is authorized to enter into contracts with employees of other state agencies if the work hours of employment would not be contemporaneous except as otherwise authorized by the agency who is the employer of such interpreter.

[16]

Added by Laws 1988, c. 69, § 1, emerg. eff. March 25, 1988. [17]

§63-2414.  Oath or affirmation of true interpretation.

Before a qualified legal interpreter may participate in any proceedings under the provisions of the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing Act, such interpreter shall make an oath or affirmation that the interpreter will make a true interpretation in the manner most readily understood by the person who is deaf or hard-of-hearing.

[18] Added by Laws 1982, c. 290, § 8.  Amended by Laws 2005, c. 395, § 8, eff. Nov. 1, 2005.

[19]

§63-2415.  Interpreter’s fees – Recess periods.

A.  A qualified legal interpreter appointed under the provisions of the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing Act shall be entitled to the prevailing rate for qualified legal interpreters in this state; provided, any interpreter who is appointed pursuant to Section 2409 or 2410 of this title shall be paid in accordance with the fee schedule established pursuant to Section 7 of Senate Bill No. 779 of the 1st Session of the 50th Oklahoma Legislature, if that bill is enacted.  Prior to the establishment of a fee schedule or if Senate Bill No. 779 of the 1st Session of the 50th Oklahoma Legislature is not enacted, payment shall be the prevailing rate for qualified legal interpreters in this state.  When the interpreter is appointed by a court, the fee shall be paid out of the local court fund as provided for in Section 1304 of Title 20 of the Oklahoma Statutes and when the interpreter is otherwise appointed, the fee shall be paid by the appointing authority.  The person for whom the interpreter is appointed shall not be assessed a reimbursement fee.

B.  The appointing authority shall provide recess periods as necessary for the qualified legal interpreter as determined by the interpreter.

[20] Added by Laws 1982, c. 290, § 9.  Amended by Laws 1989, c. 194, § 3, eff. Nov. 1, 1989; Laws 1995, c. 73, § 4, emerg. eff. April 12, 1995; Laws 1999, c. 11, § 1, emerg. eff. April 5, 1999; Laws 2005, c. 395, § 9, eff. Nov. 1, 2005.