reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter B - BLINDNESS EDUCATION, SCREENING, AND TREATMENT PROGRAM › Section 359.505 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Blind (person who
				  is)--A person whose visual acuity with best correction is 20/200 or less in the
				  better eye; or a person with a limitation in the field of vision such that the
				  widest diameter of the visual field subtends an angle no greater than 20
				  degrees, which means a visual field of no greater than 20 degrees in the better
				  eye.
(2) DBS--Department of
				  Assistive and Rehabilitative Services, Division for Blind Services.
(3) MAPS--The Maximum Affordable Payment
				  Schedule (MAPS) is a payment system used to purchase physical and mental
				  restoration services for DARS-Division for Blind Services consumers. DBS uses
				  MAPS codes that are based on the American Medical Association's Current
				  Procedural Terminology (CPT) codes, the Healthcare Common Procedure Coding
				  System (HCPCS), and reimbursement rates that are established by Medicare to pay
				  for medical and psychological services for DARS-DBS consumers.
(4) Medically urgent eye
				  conditions--Conditions that include, but are not limited to, glaucoma, diabetic
				  retinopathy, and detached retina. Any other medical condition, to qualify, must
				  be determined to be medically urgent by both the referring physician and the
				  DARS Division for Blind Services' medical/ophthalmologic consultant or his or
				  her designee.
(5)
				  Program--Blindness Education, Screening, and Treatment Program
				  (BEST).
(6) Resident--A person who
				  is present in Texas and intends to remain in the state, either permanently or
				  for an indefinite period.
(7)
				  Vision screening--A nondiagnostic procedure that uses uniform testing
				  techniques to assess a person's risk of vision loss and eye disease.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter B - BLINDNESS EDUCATION, SCREENING, AND TREATMENT PROGRAM › Section 359.507 - Vision Screening Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of vision screening services is to identify persons in need of
				  comprehensive professional vision examinations, and to detect problems that
				  could limit a person's educational or vocational opportunities.
(b) To be eligible to receive BEST vision
				  screening services, a person must be an adult resident of the state.
(c) Vision screening services may be provided
				  through a contractor.
(d) For
				  information about the training and certification of vision screeners, contact
				  the BEST program specialist at DBS, 4800 North Lamar Boulevard, Austin,
				  Texas.
(e) Persons receiving vision
				  screenings receive the screening results and, if necessary, a recommendation
				  regarding the need for a follow-up examination by an eye care
				  professional.
(f) When a referral
				  is made for an eye examination to another organization, the referring
				  organization's rules shall apply. A referral by the BEST program is not an
				  endorsement of another agency, organization or eye care professional by
				  DBS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter B - BLINDNESS EDUCATION, SCREENING, AND TREATMENT PROGRAM › Section 359.509 - Treatment Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  treatment services is to prevent blindness by providing medical or surgical
				  intervention to persons at risk who are not covered under an adequate health
				  benefit plan.
(b) To be eligible to
				  receive treatment services from BEST, a person must be an adult resident of the
				  state who:
(1) has been referred to the BEST
				  program by the person's treating physician or optometrist;
(2) has certified to the physician or
				  optometrist that the person does not have health insurance or other available
				  resources with which to pay for prescribed treatment to prevent blindness;
				  and
(3) has been certified by the
				  physician or optometrist as having a medically urgent eye condition that poses
				  an imminent risk of permanent and significant visual loss if not treated with
				  surgery or medical intervention.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter A - GENERAL RULES › Section 360.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set out the
					 administration and general procedures governing the various programs of the
					 Office for Deaf and Hard of Hearing Services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter A - GENERAL RULES › Section 360.103 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The Office for Deaf and Hard of Hearing Services implements
					 its general powers and duties under the following statutes:
(1) Human Resources Code, Chapter
				  81;
(2) Utilities Code, Chapter 56,
				  Subchapter E;
(3) Government Code,
				  Chapter 57;
(4) Civil Practice and
				  Remedies Code, §
										21.003;
				  and
(5) Code of Criminal Procedure,
				  Art. 38.31(g).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter A - GENERAL RULES › Section 360.107 - Registry of Qualified Interpreters

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  DHHS maintains a registry of available qualified BEI interpreters for people
				  who are deaf or hard of hearing. The registry is updated at least quarterly and
				  is available on request at cost.
(b) DARS maintains lists of certified court
				  interpreters and other persons whom DARS has determined are qualified to act as
				  court interpreters.
(c) DHHS sends
				  a list of certified court interpreters and other persons whom DARS has
				  determined are qualified to act as court interpreters to each state
				  court.
(d) Copies of qualified
				  interpreter lists may be obtained from DHHS upon request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter A - GENERAL RULES › Section 360.109 - Guidelines Concerning Qualification of Interpreters

Current through Reg. 49, No. 28; July 12, 2024
DHHS has developed guidelines to clarify the circumstances
					 under which interpreters certified by DARS are qualified to interpret
					 effectively, accurately, and impartially, both receptively and expressively,
					 using any necessary specialized vocabulary. Copies of the guidelines may be
					 obtained from DHHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to set out the
						administration and general procedures governing the certification of
						interpreters for people who are deaf or hard of hearing in
						Texas.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.203 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The Board for Evaluation of Interpreters program is
						specifically created under authority of the Human Resources Code, §
											81.007,
						with additional statutory authority generally contained in Human Resources
						Code, Chapter 81, and Government Code, Chapter 57.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.207 - Board for Evaluation of Interpreters Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The BEI Board assists in the testing and
					 certifying of interpreters to verify that they have reached varying levels of
					 proficiency in skills necessary to facilitate communication between people who
					 are deaf or hard of hearing and people who are not deaf or hard of
					 hearing.
(b) The BEI Board
					 recommends standards to DHHS for each of several levels of certification based
					 on proficiency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.209 - Fees, Prerequisites, and Qualifications for Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) DHHS charges fees for written and
					 performance examinations, for annual certificate renewal, for five-year
					 recertification, and for provisional certificates, in amounts sufficient to
					 recover the costs of the BEI certification program.
(b) DHHS may waive any prerequisite to
					 obtaining a certificate for an applicant after reviewing the applicant's
					 credentials and determining that the applicant holds a certificate issued by
					 another jurisdiction that has certification requirements substantially
					 equivalent to those of DARS.
(c)
					 Copies of information about the following topics may be obtained from DHHS:
(1) qualifications and prerequisites to
					 testing for certification;
(2) the
					 certification process;
(3) waivers
					 of prerequisites; and
(4) location,
					 schedule, and current fees for interpreter examinations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.211 - Provisional Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) DHHS may
					 issue a provisional certificate to an applicant currently certified in another
					 jurisdiction who seeks a BEI certificate and who:
(1) has been certified in good standing as an
					 interpreter for at least two years in another jurisdiction, including a foreign
					 country, that has certification requirements substantially equivalent to those
					 of DARS;
(2) has passed an
					 examination recognized by DHHS relating to the practice of interpretation for
					 people who are deaf or hard of hearing; and
(3) is sponsored by an interpreter certified
					 by DARS with whom the provisional-certificate holder will practice during the
					 time he or she holds a provisional certificate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.213 - Compensation of Raters

Current through Reg. 49, No. 28; July 12, 2024
DHHS has established a fee schedule for compensation of
						raters. Copies of the current fee schedule may be obtained from
						DHHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.215 - Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS, in administering the certification
					 program, obtains criminal conviction records information on all applicants for
					 certification and current certificate holders; the information may be used in
					 determining whether applicants or certificate holders are eligible to obtain or
					 maintain certification.
(b) DARS
					 certifies an applicant who passes the appropriate examinations prescribed by
					 DARS and who satisfies the other qualifications required by the rules in this
					 chapter.
(c) Upon successful
					 completion of all requirements for certification and approval by DHHS, the
					 applicant is issued a card evidencing certification.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.217 - Qualifications and Requirements for a BEI Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) To apply for or to take any examination
					 for a BEI Certificate, an applicant must:
(1)
					 be at least 18 years old;
(2) have
					 earned a high school diploma or its equivalent; and
(3) not have a criminal conviction that could
					 qualify as grounds for denial, probation, suspension, or revocation of a BEI
					 certificate, or other disciplinary action against any holder of a BEI
					 certificate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.219 - Administration of Examination for BEI Interpreter Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who fails an examination may
					 apply for reexamination at an examination that is scheduled no earlier than six
					 months after the date the person failed the examination that is being
					 retaken.
(b) Examinations may be
					 offered in the state at least twice a year at times and places designated by
					 DHHS or by a designated testing facility. The current schedule of times and
					 places for examinations may be obtained from DHHS or a designated testing
					 facility.
(c) An applicant who does
					 not attend a scheduled examination forfeits the examination fee paid to DHHS.
					 An applicant may attend a future examination without payment of additional fee
					 if the DHHS-designated testing facility allows for the examination to be
					 rescheduled or upon proof of missing an examination because of the following:
(1) illness of the applicant or an immediate
					 family member whom the applicant has responsibility to be with; or
(2) documented evidence that the applicant
					 was unable to attend the examination because of reasons beyond his or her
					 control.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.221 - Validity of Certificates and Recertification

Current through Reg. 49, No. 28; July 12, 2024
(a) Certificates are valid for five years,
					 subject to the certificate holder's payment of an annual certificate renewal
					 fee. After expiration of the five-year certification cycle, a certificate
					 holder must be recertified by DARS.
(b) A certificate holder may be recertified
					 if he or she:
(1) provides written
					 documentation of completing at least the minimum number of required continuing
					 education units, as approved by DARS; or
(2) achieves a passing score on a specified
					 examination; and
(3) is in
					 compliance with all other applicable rules, including those relating to annual
					 certificate renewal, recertification, eligibility, and
					 qualifications.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.223 - Certificate Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is
					 otherwise eligible to renew a certificate may renew an unexpired certificate by
					 paying the required renewal fee to DHHS before the expiration date of the
					 certificate. A person whose certificate has expired may not engage in
					 activities that require a certificate until the certificate has been
					 renewed.
(b) A person who is not a
					 military service member whose certificate has been expired for 90 days or less
					 may renew the certificate by paying to DARS DHHS a renewal fee that is equal to
					 one and one-half times the normally required renewal fee.
(c) A person who is not a military service
					 member whose certificate has been expired for more than 90 days but less than
					 one year may renew the certificate by paying to DARS DHHS a renewal fee that is
					 equal to two times the normally required renewal fee.
(d) A person whose certificate has been
					 expired for one year or more may not renew the certificate. The person may
					 obtain a new certificate by complying with the requirements and procedures,
					 including the examination requirements, for obtaining an original
					 certificate.
(e) A person who was
					 certified in Texas, moved to another state, and is currently certified and has
					 been in practice in the other state for the two years preceding the date of
					 application may obtain a new certificate without reexamination. The person must
					 pay a fee to DARS DHHS that is equal to two times the normally required renewal
					 fee for the certificate.
(f) Not
					 later than the 30th day before the date a certificate will expire, DARS DHHS
					 sends written notice of the impending expiration, and certificate renewal
					 instructions, to the person at the person's last known address according to the
					 records of DARS DHHS.
(g) Failure
					 to receive the notice of impending expiration from DARS DHHS, referenced in
					 subsection (f) of this section, does not extend the expiration date of a
					 certificate and does not exempt a person from any requirements of this
					 subchapter.
(h) A person whose
					 court certificate has been expired not more than two years and who failed to
					 renew the court and required BEI prerequisite certificate because the person
					 was serving as a military service member may renew the expired court and
					 prerequisite certificate by paying the required renewal fee to DARS
					 DHHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.225 - Continuing Education Programs

Current through Reg. 49, No. 28; July 12, 2024
DHHS recognizes, prepares, and administers continuing
						education programs for its certificate holders. A certificate holder must
						participate in the programs to the extent required by DHHS to keep his or her
						certificate. Current requirements for continuing education and announcements of
						current training opportunities may be obtained from DHHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.227 - Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS may take
					 disciplinary action against a certificate holder who is found to be in
					 violation of a statute, rule, or policy of DARS, including any of the
					 provisions of §
											101.1211
					 of Title 40 (relating to Grounds for Denying, Revoking, or Suspending an
					 Interpreter's Certificate).
(b) A
					 disciplinary action against a certificate holder may be composed of any one or
					 a combination of the following actions:
(1)
					 revocation;
(2)
					 suspension;
(3)
					 probation;
(4) denial; or
(5) with respect to certified court
					 interpreters only, assessment of an administrative penalty under the
					 law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.229 - Examination Accommodations for Persons with Disabilities

Current through Reg. 49, No. 28; July 12, 2024
(a) "Disability" has the meaning assigned by
					 the ADA.
(b) Applicants who request
					 a reasonable accommodation based on a claimed disability are provided with
					 reasonable accommodations if they meet the eligibility criteria set forth in
					 this subchapter.
(c) To be eligible
					 for a reasonable accommodation based upon a diagnosed disability, a BEI
					 applicant must make a written request and must:
(1) provide written documentation from a
					 licensed medical professional (a physician, psychiatrist, advanced practice
					 registered nurse, or psychologist) that:
(A)
					 specifies the applicant's disability diagnosis or diagnoses;
(B) explains how the applicant's disability
					 substantially limits his or her ability to take the test for which the
					 applicant is applying under current testing procedures;
(C) provides guidance about recommended
					 modifications that enable the applicant to test; and
(D) is dated less than two years from the
					 date the application was received for the test for which the applicant is
					 seeking an accommodation; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 1 - BEI INTERPRETER CERTIFICATION › Section 360.231 - Schedule of Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees paid
					 to DARS DHHS in relation to the Board for Evaluation of Interpreters (BEI)
					 certification program are non-refundable. DARS is authorized to collect fees
					 for written and performance tests, for annual certificate renewal, and for
					 five-year recertification. The schedule of fees is as follows.
(1) Administrative, application, and test
					 fees:
(A) Test of English Proficiency
					 (TEP)--$95.
(B) American Sign
					 Language Proficiency Test for persons who are deaf or hard of
					 hearing--$75.
(C) Basic Performance
					 Test--$145.
(D) Advanced
					 Performance Test--$170.
(E) Master
					 Performance Test--$195.
(F) Oral
					 Certificate: Basic (OC:B) Performance Test--$85.
(G) Oral Certificate: Comprehensive (OC:C)
					 Performance Test--$105.
(H) Oral
					 Certificate: Visible (OC:V) Performance Test--$50.
(I) Signing Exact English (SEE) Performance
					 Test--$85.
(J) Morphemic Sign
					 System (MSS) Performance Test--$85.
(K) Performance Test for persons who are deaf
					 or hard of hearing--$75.
(L) Test
					 of Spanish Proficiency (TSP)--$95.
(M) Advanced Trilingual Performance
					 Test--$160.
(N) Master Trilingual
					 Performance Test--$185.
(O) Medical
					 Performance Test--$185.
(P) Court
					 application fee--$50.
(Q) Court
					 Interpreter Performance Test--$185.
(R) Court mentor application
					 fee--$60.
(S) Certificate card
					 replacement--$25.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to set out the
						administration and general procedures governing the certification of court
						interpreters for people who are deaf or hard of hearing in
						Texas.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.303 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
DARS court interpreter certification is administered and
						enforced under the statutory authority of:
(1) Government Code, Chapter 57;
(2) Civil Practice and Remedies Code, §
											21.003;
					 and
(3) Code of Criminal Procedure,
					 Art. 38.31(g).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.305 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, have the following meanings, unless the context clearly indicates
						otherwise.
(1) DHHS-approved training
					 or workshop--Court-related training or workshop approved by DHHS as satisfying
					 specific training requirements for testing and continuing education for
					 renewal.
(2) Mentee--A certified
					 interpreter who seeks to become a certified court interpreter and who receives
					 instruction from a DHHS-approved mentor.
(3) Mentor--A certified court interpreter who
					 has applied to DHHS, has satisfied specific training and or testing
					 requirements, and has been approved by DHHS to provide court interpreting
					 instruction.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.307 - Administration of Examination for Court Interpreter Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Government Code,
					 §
											57.023, DARS
					 prepares court interpreter examinations under this division that test an
					 applicant's knowledge, skill, and efficiency in interpreting court
					 proceedings.
(b) DHHS determines
					 content and format for examinations on legal and court procedure skills and
					 knowledge and administers the examinations to applicants.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.309 - Requirements for Interpreting Court Proceedings in Texas Courts

Current through Reg. 49, No. 28; July 12, 2024
(a) These provisions apply to all proceedings
					 of Texas courts, including county, municipal, and justice courts.
(b) A person interpreting court proceedings
					 in Texas courts must hold a current court interpreter certificate issued by
					 DARS or a current legal certificate issued by RID.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.311 - Responsibilities of Certified Court Interpreters

Current through Reg. 49, No. 28; July 12, 2024
(a) A BEI-certified court interpreter must
					 provide the following written notification to the court: "Certified by DARS,
					 Office for Deaf and Hard of Hearing Services. Complaints about the services
					 provided by this person may be presented to DHHS." The notification must also
					 be included on all contracts and invoices for court interpreter
					 services.
(b) In addition to the
					 presentation of a person's court interpreter certificate card, which is
					 required for qualification as a court interpreter for a particular case under
					 § 360.313 of this division (relating to Qualifications of Certified Court
					 Interpreters), certified court interpreters must present their court
					 interpreter certificate card upon the request of a court or an officer of the
					 court.
(c) A BEI-certified court
					 interpreter must notify DHHS, in writing, within 30 days of any change in his
					 or her name, address, or telephone number.
(d) Failure by a BEI-certified court
					 interpreter to satisfactorily fulfill the responsibilities under this division
					 may be grounds for administrative sanctions by DARS under Government Code,
					 §
											57.022(b)(8).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.313 - Qualifications of Certified Court Interpreters

Current through Reg. 49, No. 28; July 12, 2024
(a) In each civil case, deposition, or
					 criminal action in a Texas court for which a person interprets testimony, the
					 person must be qualified, as that term is defined in Civil Practice and
					 Remedies Code, §
											21.003, and Code
					 of Criminal Procedure, Art. 38.31(g), as court interpreter for that particular
					 case before beginning to interpret testimony.
(b) A person must show proof that the person
					 is qualified, as that term is defined in Civil Practice and Remedies Code,
					 §
											21.003, and Code
					 of Criminal Procedure, Art. 38.31(g), under this subsection to act as a court
					 interpreter.
(c) In order to act as
					 court interpreter for a particular case, the person must present to the judge
					 presiding, or to the court reporter at a deposition, either:
(1) a current card issued by DARS, stating
					 that the person is certified as a court interpreter; or
(2) a current membership card issued in the
					 name of the person by RID, carrying the designations "Certified" and
					 "SC:L."
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.315 - Qualifications and Requirements for Court Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant who is hearing must meet the
					 following qualifications to become a Board for Evaluation of Interpreters
					 (BEI)-certified court interpreter:
(1) hold
					 at least one BEI certificate at Level III, IV, V, IIIi, IVi, Vi, Advanced,
					 Master, or Oral: Comprehensive; or hold certification from Registry of
					 Interpreters for the Deaf (RID) with a Comprehensive Skills Certificate,
					 Certificate of Interpretation/Certificate of Transliteration, Reverse Skills
					 Certificate, Certified Deaf Interpreter, or Master Comprehensive Skills
					 Certificate, or National Interpreter Certification Advanced or National
					 Interpreter Certification Master;
(2) pass the DARS DHHS-approved court
					 interpreter written test, which may only be taken by applicants who hold one of
					 the certificates listed in paragraph (1) of this subsection; and
(3) pass the court performance test, which
					 may only be taken by applicants who have passed the court interpreter written
					 test.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.317 - Training Programs for Certified Court Interpreters Managed by DARS or by Public or Private Educational Institutions

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS DHHS-Approved Mentors.
(1) A person intending to be a mentor must
					 apply on a form provided by DARS DHHS and be approved by DARS DHHS.
(2) To be a mentor for court interpreting,
					 the person must:
(A) meet the requirements
					 for and hold court interpreter certification issued by DARS or RID for not less
					 than one year;
(B) pass the court
					 interpreter written test ; and
(C)
					 not have been subject to disciplinary action in the previous two
					 years.
(3) Mentors must
					 conform to a course of training prescribed by DARS DHHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.319 - Instructions for the Compensation of a Certified Court Interpreter and Designation of the Party or Entity Responsible for Payment of Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Civil Practice and
					 Remedies Code, §
											21.006
					 and HB 2292, 78th Legislature (RS), §1.21, the certified court interpreter
					 in civil cases and depositions must be paid a reasonable fee determined by the
					 court after considering the recommended fees of DARS. If the certified court
					 interpreter is required to travel, his or her actual expenses of travel,
					 lodging, and meals relating to the case must be paid at the same rate provided
					 for state employees. The certified court interpreter's fee and expenses must be
					 paid from the general fund of the county in which the case was
					 brought.
(b) In accordance with
					 Code of Criminal Procedure, Art. 38.31(f), and HB 2292, 78th Legislature (RS),
					 §1.21, a certified court interpreter appointed in criminal actions is
					 entitled to a reasonable fee determined by the court after considering the
					 recommended fees of DARS. When travel of the certified court interpreter is
					 involved, all the actual expenses of travel, lodging, and meals incurred by the
					 certified court interpreter pertaining to the case he or she is appointed to
					 serve must be paid at the same rate provided for state employees.
(c) Under the authority of the Code of
					 Criminal Procedure, Art. 38.31(f); Government Code, §
											57.022(b)(7);
					 and Civil Practice and Remedies Code, §
											21.006,
					 DARS establishes recommended fees to pay court-appointed certified court
					 interpreters for persons who are deaf or hard of hearing, for interpreter
					 services that must be provided in proceedings as set forth in the specific
					 statutes.
(d) These fees may be
					 reviewed and revised as considered necessary by DHHS. The schedule of fees and
					 any changes are posted on the DHHS website and are available upon
					 request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.321 - Administrative Sanctions Enforceable by DARS

Current through Reg. 49, No. 28; July 12, 2024
DHHS may begin proceedings to impose administrative
						penalties or sanctions, or both, under Human Resources Code, Chapter 81 or
						Government Code, Chapter 57 if a person violates any provision of the
						following:
(1) Government Code,
					 Chapter 57;
(2) Human Resources
					 Code, Chapter 81;
(3) Subchapter B
					 of this chapter; or
(4) an order of
					 the director of DHHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.323 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
					 not interpret for someone who is deaf or hard of hearing at a court proceeding
					 or advertise or represent that the person is a certified court interpreter
					 unless the person holds a current court interpreter certificate issued by DARS
					 or a current legal certificate issued by RID.
(b) Violation of the prohibition in this
					 section is a Class A misdemeanor offense under Government Code, §
											57.027(a),
					 and may also subject the violator to an administrative penalty assessed by DARS
					 under Government Code, §
											57.027(b)
					 and § 360.321 of this division (relating to Administrative Sanctions
					 Enforceable by DARS).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.325 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
DARS or DHHS investigates allegations of violations and
						enforces this subchapter. Allegations of violations may also be referred to
						another appropriate enforcement or regulatory authority. Allegations concerning
						violations of this subchapter should be forwarded, in writing, to the
						director.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.327 - Criminal Offense

Current through Reg. 49, No. 28; July 12, 2024
(a) Government
					 Code, §
											57.027(a)
					 provides that a person commits an offense if the person violates Government
					 Code, Chapter 57, Subchapter B, pertaining to court interpreters for people who
					 are deaf or hard of hearing, or a rule adopted under Government Code, Chapter
					 57, Subchapter B. An offense under Government Code, §
											57.027(a)
					 is a Class A misdemeanor.
(b) The
					 provisions of this subchapter are adopted under the provision of law described
					 in subsection (a) of this section, and violations are subject to criminal
					 penalties. In addition, violations of the provisions of § 360.307 of this
					 division (relating to Administration of Examination for Court Interpreter
					 Certificate) and § 360.321 of this division (relating to Administrative
					 Sanctions Enforceable by DARS) constitute direct violations of Government Code,
					 §
											57.026, and are
					 also subject to criminal penalties under Government Code, §
											57.027(a).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.329 - Actions against Persons Not Certified as Court Interpreters

Current through Reg. 49, No. 28; July 12, 2024
(a) DHHS investigates complaints and may
					 initiate disciplinary action against a person alleged to perform court
					 interpretation without certification or authorization as provided by this
					 division. DHHS follows the investigative process and resulting action listed in
					 paragraphs (1) - (3) of this subsection to ensure that affected people are
					 afforded due process of law.
(1) Upon receipt
					 of a complaint from the public or from a DARS staff member, DHHS evaluates the
					 information to determine if the evidence provides reasonable cause that a
					 violation may have occurred.
(2) If
					 reasonable cause does not exist, an investigation is not initiated.
(3) If reasonable cause is found, then the
					 DHHS staff initiates an investigation to determine if a violation of law has
					 occurred. DHHS' investigative process is as follows:
(A) The person named in the complaint is
					 advised of the complaint and the specific section of the Government Code,
					 Chapter 57 that appears to have been violated.
(B) The person is afforded the opportunity to
					 respond to the complaint to show that the actions that precipitated the
					 complaint are not in violation of the Government Code, Chapter 57.
(C) If, after evaluation of the person's
					 response, a violation appears evident, the person is afforded the opportunity
					 for a hearing as provided to certificate holders under Chapter 101, Subchapter
					 E, Divisions 1 and 4 of Title (relating to General Rules and Office for Deaf
					 and Hard of Hearing Services) or for resolution of the complaint through a DARS
					 order, which may include the imposition of an administrative penalty.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 2 - BEI COURT INTERPRETER CERTIFICATION › Section 360.331 - Court Interpreter Qualifications in Civil Cases or Depositions under the Civil Practice and Remedies Code

Current through Reg. 49, No. 28; July 12, 2024
A court interpreter in a civil case or deposition in a
						Texas court must hold a current court interpreter certificate issued by DARS or
						a current legal certificate issued by RID.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 3 - BEI TRILINGUAL CERTIFICATION › Section 360.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to set out the
						administration and general procedures governing the certification of trilingual
						interpreters for persons who are deaf or hard of hearing in
						Texas.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 3 - BEI TRILINGUAL CERTIFICATION › Section 360.403 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
DARS administers and enforces trilingual certification
						under authority of the Human Resources Code, Chapter 81.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 3 - BEI TRILINGUAL CERTIFICATION › Section 360.405 - Qualifications and Requirements for a Trilingual Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a trilingual certificate
					 must:
(1) provide proof of holding one of the
					 following certificates:
(A) valid Board for
					 Evaluation of Interpreters (BEI) Level I, II, III, IV, V, Basic, Advanced, or
					 Master certificate; or
(B) valid
					 Registry of Interpreters for the Deaf (RID) Comprehensive Skills Certificate
					 (CSC), Certificate of Interpretation (CI), and/or Certificate of
					 Transliteration (CT); or
(C) valid
					 National Association of the Deaf-Registry of Interpreters for the Deaf
					 (NAD-RID) National Interpreter Certification (NIC), National Interpreter
					 Certification Advanced, or National Interpreter Certification Master;
					 and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 4 - BEI MEDICAL INTERPRETER CERTIFICATION › Section 360.451 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to set out the
						administration and general procedures governing the certification of medical
						interpreters for persons who are deaf or hard of hearing in
						Texas.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 4 - BEI MEDICAL INTERPRETER CERTIFICATION › Section 360.453 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
DARS administers and enforces medical certification under
						the authority of the Human Resources Code, Chapter 81.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter B - BOARD FOR EVALUATION OF INTERPRETERS › Division 4 - BEI MEDICAL INTERPRETER CERTIFICATION › Section 360.457 - Qualifications and Requirements for Medical Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a medical certificate
					 must:
(1) provide proof of holding one of the
					 following prerequisite certificates:
(A)
					 valid Board for Evaluation of Interpreters (BEI) Level III, IV, V, Advanced, or
					 Master certificate; or
(B) valid
					 Registry of Interpreters for the Deaf (RID) Comprehensive Skills Certificate
					 (CSC), Certificate of Interpretation (CI) and Certificate of Transliteration
					 (CT); or
(C) valid National
					 Association of the Deaf-Registry of Interpreters for the Deaf (NAD-RID)
					 National Interpreter Certification (NIC) Advanced, or National Interpreter
					 Certification Master; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set out the
					 administration and general procedures governing the Texas Health and Human
					 Services Commission Office of Deaf and Hard of Hearing Services (ODHHS),
					 Specialized Telecommunications Assistance Program (STAP).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.503 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
STAP is created under the authority of the Texas Utilities
					 Code Chapter 56, Subchapter E.