Utah Code 35A-13-609. Exemptions from certification — Temporary or restricted certification
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(1) The following individuals may engage in the practice of a certified interpreter, subject to the stated circumstances and limitations, without being certified under this chapter:
Terms Used In Utah Code 35A-13-609
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Certified interpreter: means an individual who is certified as meeting the certification requirements of this part. See Utah Code 35A-13-602
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102
- Interpreter services: means services that facilitate effective communication between a hearing individual and an individual who is deaf or hard of hearing through American Sign Language or a language system or code that is modeled after American Sign Language, in whole or in part, or is in any way derived from American Sign Language. See Utah Code 35A-13-602
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) an individual serving in or employed by the Armed Forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or other federal agency and who is engaged in activities regulated under this part as a part of the individual’s service or employment with that federal agency, if the individual holds a valid certificate or license to provide interpreter services issued by another state or jurisdiction recognized by the director;
(1)(b) a student engaged in providing interpreter services while in training in a recognized school approved by the director to the extent the student’s activities are supervised by qualified faculty, staff, or a designee, and the services are a defined part of the training program;
(1)(c) an individual engaged in an internship, residency, apprenticeship, or on-the-job training program approved by the director while under the supervision of a qualified individual;
(1)(d) an individual residing in another state and certified or licensed to provide interpreter services in that state, who is called in for a consultation by an individual certified to provide interpreter services in this state, and the services provided are limited to that consultation;
(1)(e) an individual who is invited by a recognized school, association, or other body approved by the director to conduct a lecture, clinic, or demonstration on interpreter services, if the individual does not establish a place of business or regularly engage in the practice of providing interpreter services in this state;
(1)(f) an individual licensed in another state or country who is in this state temporarily to attend to the needs of an athletic team or group, except that the individual may only attend to the needs of the team or group and individuals who travel with the team or group, not including spectators; or
(1)(g) an individual who is providing interpreter services for a religious entity, to the extent that the religious entity is specifically exempted from liability under federal law.
(2)
(2)(a) An individual temporarily in this state who is exempted from certification under Subsection (1) shall comply with each requirement of the jurisdiction from which the individual derives authority to provide interpreter services.
(2)(b) Violation of any limitation imposed by this section is grounds for removal of exempt status, denial of certification, or another disciplinary proceeding.
(3)
(3)(a) Upon the declaration of a national, state, or local emergency, the director may suspend the requirements for permanent or temporary certification of individuals who are certified or licensed in another state.
(3)(b) Individuals exempt under Subsection (3)(a) shall be exempt from certification for the duration of the emergency while engaged in providing interpreter services for which they are certified or licensed in the other state.
(4) The director may adopt rules for the issuance of temporary or restricted certifications if their issuance is necessary to or justified by:
(4)(a) a lack of necessary available interpretive services in any area or community of the state, if the lack of services might be reasonably considered to materially jeopardize compliance with state or federal law; or
(4)(b) a need to first observe an applicant for certification in a monitored or supervised practice of providing interpretive services before the director makes a decision either to grant or deny the applicant a regular certification.