An Act To Clarify the Law Regarding Interpreting Services for People Who Are Deaf or Hard-of-hearing
Maine Legislature, Session 121, LD 1688
Committee: Labor
Sponsors: EDMONDS, NORBERT, TREAT, TURNER, BENNETT, BULL, GERZOFSKY, LUNDEEN, MILLETT, PINGREE
Amends: 5 MRSA §48, 5 MRSA §48-A, 32 MRSA §1523, 32 MRSA §1524-C

Legislative Document 
No. 1688 
S.P.620 
In Senate, December 17, 2003 
An Act To Clarify the Law Regarding Interpreting Services for 
People Who Are Deaf or Hard-of-hearing 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Senator EDMONDS of Cumberland. 
Cosponsored by Representative NORBERT of Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: TREAT of Kennebec, TURNER of Cumberland, Representatives: BENNETT of 
Caribou, BULL of Freeport, GERZOFSKY of Brunswick, LUNDEEN of Mars Hill, 
MILLETT of Waterford, PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §48, as amended by PL 1999, c. 399, §l and 
affected by §20, is repealed. 
Sec. 2. 5 MRSA §48-A is enacted to read: 
§48-A. Communication services for the deaf and hard-of-hearing 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Advocate" 
means 
a 
person 
who 
is 
a 
nonlawyer 
who 
provides 
advice or other substantive legal 
work 
to 
the 
public that is not prohibited by law or regulation. 
B. 
"Agency" means any authority, board, bureau, commission, 
department or officer of State Government or of any county, 
municipality, 
school district or 
any other political or 
administrative subdivision. 
C. 
"CART" means computer-assisted real-time transcription 
using 
specialized 
equipment 
to 
transcribe 
real 
time 
word-for-word spoken English into written English that can 
be viewed on a computer screen or projected onto a large 
screen. 
D. 
"CART provider" means a person who provides CART. 
E. 
"Client" means a person who is deaf, hard-Of-hearing or 
hearing 
and 
who 
is provided interpreting services 
by 
a 
privileged interpreter. 
F. 
"Compensation" means the fee for an interpreter's time 
of service as provided by an appointed qualified interpreter. 
G. 
"Confidential communication" means a communication that 
a client has a reasonable expectation is not being disclosed 
to persons other than 
a 
privileged interpreter 
and 
any 
client to whom the communication is intended to be made. 
H. 
"Deaf 
interpreter" 
means 
a 
deaf 
person 
or 
hard-af-hearing person with native or near-native fluency in 
American Sign Language who has training in interpreting and 
training or experience in the use of gesture, mime, props, 
drawings and other tools to enhance communication for deaf 
persons with minimal language skills. 
Page l-LR2490(1) 
I. 
"Deaf person" means a person whose sense of hearing is 
nonfunctional for the purpose of communication and who must 
depend primarily upon visual communication. 
J. 
"Directory" 
means 
a 
listing 
of 
all 
qualified 
interpreters in the State. 
K. 
"Hard-of-hearing person" 
means 
a 
person 
who 
has 
a 
hearing loss resulting in a functional loss, but not to the 
extent that the person must depend primarily upon visual 
communication. 
L. 
"Interpreting agency" means an agency whose function is 
to 
provide 
qualified 
interpreter 
services 
for 
a 
fee, 
including travel expenses. 
M. 
"Privileged interpreter" means 
a person identified by 
clients as necessary to facilitate accurate communication 
between the clients and who otherwise has no substantial 
personal or business interest in the communication. 
N. 
"Qualified interpreter" means an interpreter who is able 
to interpret effectively, accurately and impartially, both 
receptively 
and 
expressively, 
using 
any 
necessary 
specialized vocabulary, and who meets the current licensing 
requirements under Title 32, section 1524-C. 
O. 
"Travel 
expenses" 
means 
actual 
expenses 
for 
transportation reimbursable at the usual state mileage rate, 
tolls, parking fees or other fees specified in an agreement 
between an interpreter or 
an interpreting agency and an 
agency or court retaining the services of the interpreter at 
a specific date, time and place. 
2. 
Interpreter services required. 
A qualified interpreter 
is appointed as follows. 
A. 
When any personal or property interest of a deaf person 
or hard-of-hearing person or of a juvenile whose parent or 
guardian is deaf or hard-of-hearing is the subject of a 
proceeding before any agency or court, the presiding officer 
of the proceeding shall, giving primary consideration to the 
request 
of 
the 
deaf 
person 
or 
hard-of-hearing 
person, 
appoint a qualified interpreter or CART provider. 
B. 
The qualified interpreter or 
CART 
provider 
must 
be 
appointed 
after 
consultation 
with, 
and 
giving 
primary 
consideration 
to 
the 
request 
of, 
the 
deaf 
person 
or 
hard-of-hearing 
person. 
If 
the 
appointed 
qualified 
interpreter does not meet the needs of the deaf person or 
hard-of-hearing person, 
the presiding officer shall, with 
the consent of the deaf person or hard-of-hearing person, 
appoint 
another 
qualified 
interpreter. 
If 
a 
qualified 
interpreter for the deaf person or hard-of-hearing person 
states that the interpretation is not satisfactory and that 
a 
deaf 
interpreter 
will 
improve 
the 
quality 
of 
interpretation, the presiding officer shall appoint a deaf 
interpreter 
to 
assist 
the 
qualified 
interpreter. 
The 
presiding officer shall appoint as many interpreters as are 
necessary 
to 
meet 
the 
needs 
of 
the 
deaf 
person 
or 
hard-of-hearing person. 
3. 
Intemreting services, 
CART services and coordination 
for 
interpreters 
and 
CART 
providers; 
request 
to 
Bureau of 
Rehabilitation 
Services; 
interpreter 
and 
CART 
provider 
compensation; 
continuation of services. 
Interpreting services 
and coordination for interpreters are governed as follows. 
A. 
With the cooperation of the Registry of Interpreters for 
the 
Deaf, 
Inc., 
the 
Department 
of 
Labor, 
Bureau 
of 
Rehabilitation 
Services 
is 
authorized 
and 
directed 
to 
prepare and continually update the directory. 
B. 
When requested by an agency or court, the Department of 
Labor, Bureau of Rehabilitation Services shall furnish the 
agency or court with the directory. 
C. 
An interpreter or CART provider appointed under this 
section must be reimbursed by the agency or court conducting 
the proceeding at a rate negotiated with the interpreter or 
interpreting 
agency, 
plus 
travel 
expenses; 
except 
that 
employees of the State or any of its political subdivisions, 
public employees and public or private school, university 
and 
college 
teachers 
or 
administrators 
for 
interpreting 
services or anyone who receives salary during regular work 
hours 
may 
not 
be 
reimbursed 
under 
this 
section 
for 
interpreter services performed during their regular working 
hours. 
This section does not prevent any agency or court 
from employing a qualified interpreter on a full-time basis 
or under contract at a mutually agreed-upon compensation 
~ 
D. 
It is 
the 
responsibility 
of 
the 
agency 
or 
court 
conducting the proceeding to ensure 
compliance with the 
provisions of this section. 
4. 
Interpreting services and CART for consultation with 
attorneys and advocates. 
When any court appoints an attorney to 
represent a person who is deaf or hard-Of-hearing or to represent 
a juvenile whose parent or guardian is deaf or hard-of-hearing, 
the 
court 
shall 
provide 
interpreting 
services 
or 
CART 
in 
accordance with this section to allow for effective consultation 
between the attorney and client. 
Interpreting services or CART 
must 
be 
paid 
for 
directly 
by 
the 
court 
and 
is 
not 
the 
responsibility of the attorney. 
The Department of Labor, Bureau of Rehabilitation Services shall 
maintain a legal interpreting fund, which must be available to 
reimburse 
private 
attorneys 
and 
advocates 
for 
the 
cost 
of 
interpreting services 
or 
CART 
that assists 
the 
attorney or 
advocate in effectively representing clients who 
are deaf or 
hard-of-hearing. 
This fund may not be used to cover interpreting 
services or CART for actual proceedings pursuant to subsection 2, 
paragraph A. 
5. 
Privileged coamunication. 
Except when a court in the 
exercise of sound discretion determines the disclosure necessary 
to the proper administration of justice, a privileged interpreter 
may 
not disclose 
any aspect of 
a 
confidential 
communication 
facilitated 
by 
that 
interpreter 
unless 
all 
clients 
of 
the 
privileged interpreter privy to that communication consent to the 
disclosure. 
6. 
Oath. 
Every 
appointed 
interpreter 
shall, 
before 
performing 
the 
interpreter's duties, 
take 
an 
oath that 
the 
interpreter will make a true interpretation in an understandable 
manner to the person for whom the interpreter is appointed, and 
that the interpreter will repeat the statements of the person in 
the English language to the best of the interpreter's skill and 
judgment. 
7. 
Provide information. 
The Department of Labor, Bureau of 
Rehabilitation 
Services, 
Division 
of 
Deafness 
shall 
provide 
information 
to 
the 
public, 
including 
state 
agencies 
and 
individuals who work with interpreters, regarding the licensure 
requirements provided under Title 32, section 1524-C. 
Sec. 3. 32 MRSA §1523, as amended by PL 1999; c. 399, §9 and 
affected by §20, is further amended to read: 
§1523. Privileged communication 
Individuals licensed under 
the evidentiary communications 
section 48 48-A, subsection 4 ~. 
this chapter are included under 
privilege outlined in Title 5, 
Sec. 4. 32 MRSA §1524-C is enacted to read: 
§1524-C. 
Oualifications to interpret in legal settings 
1. 
Hearing interpreter; qualifications. 
To be Qualified to 
interpret in legal settings, an interpreter who is hearing must 
hold a current Specialist Certificate: Legal from the Registry of 
Interpreters for the Deaf. Inc. on or before January It 2012 or 
satisfy 
the eligibility criteria 
for 
taking 
the 
Specialist 
Certificate: Legal exam or its successor on or before January 1, 
~ 
2. 
Deaf interpreter; qualifications. 
To be Qualified to 
interpret in legal settings, an interpreter who is deaf must hold 
a current Registry of Interpreters for the Deaf, Inc. Certificate 
of Interpretation or a Reverse Skills Certificate. 
The person 
must satisfy the eligibility criteria for taking the Specialist 
Certificate: Legal exam or its successor on or before January 1, 
~ 
3. 
List of interpreters. 
The Department of Labor, Bureau 
of Rehabilitation Services, Division of Deafness shall maintain a 
directory of all interpreters Qualified to work 
in 
a 
legal 
setting. 
Sec. 
5. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
JUDICIAL DEPARTMENT 
Administrative Office of the Courts 
Initiative: 
Transfers funds from the Department of Labor, Bureau 
of Rehabilitation Services to the Administrative Office of the 
Courts 
for 
the 
purpose 
of 
funding 
American 
Sign 
Language 
interpreting and computer-assisted real-time transcription for 
people who are deaf or hard-of-hearing who 
appear before the 
courts. 
General Fund 
2003-04 
2004-05 
All Other 
$80,000 
$0 
General Fund Total 
$80,000 
$0 
JUDICIAL DEPARTMENT 
DEPARTMENT 'l'OTALS 
2003-04 
2004-05 
GENERAL FUND 
$80,000 
$0 
DEPARTMENT 'l'OTAL -
ALL FUNDS 
$80,000 
$0 
LABOR, DEPARTMENT OF 
Rehabilitation Services 
Initiative: 
Deappropriates funds from the Department of Labor, 
Bureau of Rehabilitation Services to the Administrative Office of 
the Courts for the purpose of funding American Sign Language 
interpreting and computer-assisted real-time transcription for 
people who are deaf or hard-of-hearing who 
appear before the 
courts. 
General Fund 
All Other 
General Fund Total 
LABOR, DEPAR"l.'MENT OF 
DEPAR"l.'MENT TOTALS 
GENERAL FUND 
DEPAR"l.'MENT TOTAL -
ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
SECTION TOTAL -
ALL FUNDS 
SUMMARY 
2003-04 
2004-05 
($80,000) 
$0 
($80,000) 
$0 
2003-04 
2004-05 
($80,000) 
$0 
($80,000) 
$0 
2003-04 
2004-05 
$0 
$0 
$0 
$0 
This bill clarifies the law regarding interpreting services 
that are available for people who are deaf or hard-of-hearing.