Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 5 - MINIMUM STANDARDS OF PRACTICE › Section R. 393.5055 - VRI standards; usage, limitations, educational, legal, medical, mental health standards

Current through Vol. 24-12, July 15, 2024
Rule 55.
(1) A D/DB/HH person who in good faith asserts that VRI does not provide him or her with effective communication shall not be compelled or coerced to utilize VRI in place of an on-site interpreter. Good faith includes, but is not limited to, the assertion by a D/DB/HH person that similar equipment was ineffective in a previous experience, or that VRI technology does not result in effective communication because of his or her individual needs or abilities.
(2) A person using video remote interpreting to provide sign language interpreting services or translation services to D/HH person(s) for a proceeding in this state must be a qualified interpreter.
(3) A qualified interpreter may use VRI to interpret for a proceeding involving a D/HH person if effective communication is established and maintained at all times. VRI shall not be used to interpret for a minor without the express agreement of a parent or legal guardian indicating that doing so establishes effective communication, except that no parental consent or agreement to VRI is required in those medical situations where federal and/or state law or regulation provides that parental consent is not required for care.
(4) A person providing sign language interpreting services or translation services through video remote interpreting for a proceeding in this state shall not knowingly provide or attempt to provide VRI services to a person who is or is identified as being legally blind.
(5) An interpreter who believes that VRI is not providing effective communication shall immediately inform the D/HH person, the appointing authority, and parties involved in the conversation. The interpreter shall interpret on a temporary basis in a medical emergency pursuant to R 393.5029
(6) Notification by a D/HH person indicating that effective communication is not being achieved through the use of VRI shall cause an immediate halt of the proceedings. Proceedings shall not be resumed using VRI unless effective communication is achieved. VRI may be used on a temporary basis in a medical emergency pursuant to R 393.5029.
(7) A person providing sign language interpreting services or translation services to D/HH person(s) through video remote interpreting for a proceeding in this state shall provide evidence of training in videoconferencing protocols, training in the proper use of equipment, technical set-up, lighting, connectivity, and camera adjustments on a supplemental form provided by the division.
(8) To constitute effective communication and therefore permit the participation of qualified interpreters, VRI shall at a minimum include all of the following:
(a) Real-time, full-motion video and audio over a dedicated high-speed, T-1 or wider bandwidth video connection.
(b) High-quality video images without lags, choppy, blurry, or grainy images, or irregular pauses in communication.
(c) A sharply delineated image that is large enough to display the interpreter's face, arms, hands, and fingers, and the participating person's face, arms, hands, and fingers, regardless of his or her body position.
(d) A clear, audible transmission of voices.
(e) Adequate training to users of the technology and other involved persons so that they may quickly and efficiently set up and operate the VRI.