Change font size: Larger Font | Smaller Font
Change color scheme: Default style | Black-White | Blue-White | Black-Yellow
Chapter 11-218 | Go Back | Home
Amendment and Compilation of Chapter 11-218
Hawaii Administrative Rules
__July 3, 2007_
SUMMARY
1.
§11-218-5.1 is
amended.
2.
§11-218-13.5 is
amended.
3.
Chapter 218 is
compiled.
HAWAII ADMINISTRATIVE RULES
TITLE 11
DEPARTMENT OF HEALTH
CHAPTER 218
COMMUNICATION ACCESS SERVICES FOR
PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND
§11-218-1 Purpose and scope
§11-218-2 Interpretation
§11-218-3 Definitions
§11-218-4 Credentials of
providers
§11-218-5 Repealed
§11-218-5.1 Fee schedule guidelines
§11-218-6 Cancellation of
services
§11-218-7 Repealed
§11-218-7.1 Repealed
§11-218-7.2 Repealed
§11-218-8 Provision of
services
§11-218-8.1 Role of a provider who is deaf, hard
of hearing, or deaf-blind
§11-218-9 Rights of consumers
to communication
access services
§11-218-9.5 Code of ethics
§11-218-10 Repealed
§11-218-11 Repealed
§11-218-12 Application and renewal of
credentials
§11-218-13 Validity of credentials
§11-218-13.4 Test Procedures and Grievances
§11-218-13.5 Testing Fees
§11-218-14 Reciprocal recognition
§11-218-15 Severability
§11-218-1 Purpose and scope. The purpose of these rules is to establish guidelines for
the use of communication access services by persons who are deaf, hard of
hearing, or deaf-blind for effective communication in programs and activities
of state departments and agencies. The optimal situation is one in which the state program or activity is
able to communicate directly with the person who is deaf, hard of hearing, or
deaf-blind. When direct
communication is not possible, this chapter provides guidelines for hiring
communication access providers. [Eff 5/17/91; am and comp 6/10/94; comp 4/3/97; am and comp 11/6/00; am
and comp 12/24/01; am and comp 10/13/05; comp
7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-2 Interpretation. If any provision of these rules is inconsistent with requirements of the
Americans with Disabilities Act of 1990, Public Law 101-336, as amended, and Section 504 of the Federal Rehabilitation Act of 1973, Public Law
93-112, as amended, the provision shall be construed to be superseded or
governed thereby. These rules
shall be construed liberally and consistent with the purpose stated in section
11-218-1. [Eff 5/17/91; am and comp 6/10/94; am and comp 4/3/97; am and comp
11/6/00; comp 12/24/01; comp 10/13/05; comp 7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-3 Definitions. As used in this chapter, unless the
context clearly indicates otherwise:
"Board" means the Disability and Communication Access
Board.
"Certified real-time captioner" means any person who
holds any valid certifications awarded by either the National Court Reporters
Association (NCRA) or a state board of certified shorthand reporters as defined
in Appendix F “Valid certifications awarded by The National Court Reporters
Association” (November 26, 2004).
"Communication access services" means services
§11-218-3
rendered by a
provider to facilitate communication between the person who is deaf, hard of
hearing, or deaf-blind and hearing consumers. Communication access services include, but are not limited
to, interpreter services, real-time captioning services, and computer-assisted
notetaking services.
"Computer-assisted notetaker" means a person who
provides computer-assisted notetaking services.
"Computer-assisted notetaking services" means
services performed by a typist using a word processor on a computer. The services provide a summary of a
speaker's words or notes for situations such as a meeting or a group
discussion. The words are typed
into a word processor and displayed onto a screen. Computer-assisted notetaking services are distinguished from
real-time captioning services in that the words are typed simultaneously but not
necessarily verbatim and that stenographic equipment and skills are not
involved.
"Credentials"
means any certification or classification that is awarded to providers as
defined in this section.
"Person who is Deaf or hard of hearing" means any person
who, with or without amplification, cannot hear and understand spoken language.
"Person who is Deaf-blind"
means any person who, with or without the assistance of hearing or visual aids,
has both auditory and visual disabilities that interfere with communication.
"Hearing consumer" means any
hearing individual that requires communication access services to communicate with persons who are deaf, hard of
hearing, or deaf-blind.
“HQAS” means the Hawaii Quality
Assurance System, an interpreter screening instrument administered by the state
screening agency. Functional
descriptions for HQAS levels are shown in Appendix B, “Functional Description
of HQAS Levels” (July 21, 2005).
”HQAS +H” means the Hawaii Quality Assurance System
in addition to the optional local Hawaii language competency test.
"Interpreter services" means services
rendered by a locally-classified or nationally-certified
§11-218-3
interpreter as defined in this section.
"Nationally-certified interpreter" means any person who
holds valid certificates or credentials awarded by the Registry of Interpreters
for the Deaf, Inc. (RID) or National Council on Interpreting (NCI), as defined
in Appendix C “Registry of Interpreters for the Deaf, Inc. Description of RID
Certifications” (November 26, 2004) or the National Association of the Deaf,
Inc. (NAD) as defined in Appendix D, “National Association of the Deaf, Inc.
Interpreter Assessment and Certification” (July 1, 2001).
"Provider"
means any provider of communication access services including, but not limited
to, a nationally-certified interpreter, a state credentialed interpreter, a
certified real-time captioner, or a computer-assisted notetaker.
"Real-time captioning services" means services performed by a certified real-time captioner in
order to facilitate communication for persons who are deaf, hard of hearing,
and deaf-blind. The services
provide simultaneous transcription of a speaker's words by using a stenographic
machine, a computer, and real-time captioning software, and by projecting the
words onto a screen.
"State agency" means any
department, office, board, or commission of the State, or the University of
Hawaii.
“State screening agency” means the
disability and communication access board issuing credentials under the Hawaii
Quality Assurance System which shall be honored statewide.
“State credentialed interepreter” means
any person who holds valid HQAS credentials defined in Appendix B and awarded
by the state screening agency.
[Eff 5/17/91; am and comp 6/10/94; am and comp 4/3/97; am
and comp 11/6/00; am and comp 12/24/01; am and comp 10/13/05; comp 7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-4 Credentials of providers. (a) The credentials of providers shall
be based on the level
and specialization determined by the
national
§11-218-5.1
organizations
or state screening agency which provide the credentials listed in
§11-218-3. The Board shall review
criteria of the credentials awarded by national organizations and the state
screening agency with input from the community. Documentation of completion of sign language courses or
interpreter training programs shall not be substituted for credentials listed
in section 11-218-3.
(b) Currently there are no known
national organizations or state screening agency that award credentials for
computer-assisted notetakers. It
is recommended that the state agencies utilize persons who meet the following
characteristics in order to provide computer-assisted notetaking services: ability to organize and summarize information;
ability to type at least 60 words per minute; familiarity with the subject
being discussed; experience working with persons who are deaf, hard of hearing,
or deaf-blind; working knowledge of laptop computers and word-processing
software; and good auditory, verbal, and spelling skills. [Eff
5/17/91; comp 6/10/94; comp 4/3/97; am and comp 11/6/00; am and comp 12/24/01;
am and comp 10/13/05; comp 7/23/07 ]
(Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-5.1 Fee schedule guidelines. (a) State agencies hiring providers as
independent contractors on a fee for service basis may negotiate fees with the
provider. Appendix A,
"Recommended Fee Schedules for Providers March 16, 2006," located at
the end of this chapter, is made a part of this chapter. The hourly rates listed in Appendix A
are recommended rates for providers used by state agencies for one-time,
ad-hoc, or single units of service. In addition, Appendix A includes
recommendations for mileage, travel, and other allowable charges.
(b) State agencies hiring providers as independent contractors for on-going or continuing assignments may negotiate fees and terms independent
§11-218-5.1
of the hourly rates shown in Appendix A. This paragraph shall not be construed to supercede the
provisions of section 11-218-8.
(c) The Board shall review the recommended fee schedules,
annually or as needed, with consideration of the current market value of those
services as well as input from consumers, providers, and state agencies. [Eff and comp 11/6/00; am and comp
12/24/01; am and comp 10/13/05; am and comp
7/23/07 ] (Auth: HRS §348F-6)
(Imp: HRS §348F-3)
§11-218-6 Cancellation
of services. Fees shall be
determined in accordance with the time of cancellation of services:
(1) For
assignments less than two hours in duration, and if a cancellation notice is
given at least twenty-four hours in advance,
no fee shall be
assessed. If the cancellation
notice is given less than twenty-four hours in
advance, the full charge
for the requested period shall be assessed.
(2)
For
assignments two hours or more but less than four hours in duration, and if a
cancellation notice is given at least forty-eight hours in advance, no fee
shall be
assessed. If the cancellation notice is given less than forty-eight
hours in advance, the full charge for the requested period shall be assessed.
(3)
For
assignments four hours or more in duration, and if a cancellation notice is
given at least seventy-two hours in advance, no fee shall be assessed. If the cancellation notice is given
less than
seventy-two hours in advance, the
minimum
two hour fee plus one-half of the fee
for the remaining scheduled time shall be assessed. If the cancellation notice is
given
less than forty-eight hours in advance, the full fee shall be assessed.
§11-218-8
(4) If
an essential person who is deaf, hard of hearing, or deaf-blind, or a hearing
consumer of interpreting or other communication access services fails to
appear, this shall be considered a cancellation and the provider hired for that
assignment shall be paid the full fee for the requested period by the state
agency.
(5)
If a
provider fails to appear, no fee shall be paid by the state agency.
(6) For
assignments where two providers are scheduled and one fails to appear, the solo
provider shall be paid the full fee plus 30 per cent of the hourly rate. [Eff 5/17/91; comp 6/10/94; comp
4/3/97; am and comp 11/6/00; comp 12/24/01; am and comp 10/13/05; comp 7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-7 Repealed. [R 11/6/00]
§11-218-7.2 Repealed. [R 11/6/00]
§11-218-8 Provision of services. (a) Any person meeting any one of the definitions of nationally-certified or state
credentialed interpreter, certified real-time captioner, or computer-assisted
notetaker provided in section 11-218-3 may be hired as a provider of
interpreter services, real-time captioning services, or computer-assisted
notetaking services.
(b) Any state agency shall acquire the services of a provider with the
appropriate credentials when one is necessary for a person who is deaf, hard of
hearing, or deaf-blind to effectively participate in an activity or program of
that agency. A state agency shall
hire the preferred provider of the person who is
§11-218-8
deaf,
hard of hearing, or deaf-blind when possible. If
no
preference is stated, providers with the highest level of credentials shall be
hired first, followed by lesser levels of credentials, in the order listed in
Appendix A.
(c) For assignments of more than one and one-half hours in
length, and with continuous work (for example, a workshop or meeting), the
state agency shall request two providers for the total time of the assignment
to actively work for alternate periods of twenty minutes each. If only one provider is available and
hired for an assignment with continuous work of more than one and one-half
hours in length, the state agency shall ensure that the provider is given breaks
as necessary or as negotiated prior to the assignment.
(d) Any person who is deaf, hard of hearing, or deaf-blind shall inform the state agency of the need for communication access services, allowing reasonable time to hire providers. [Eff 5/17/91; am and comp 6/10/94; am and comp 4/3/97; am and comp 11/6/00; am and comp 12/24/01; am and comp 10/13/05; comp
7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-8.1 Role of a provider who is deaf, hard of hearing, or
deaf-blind. If a person who is
deaf, hard of hearing, or deaf-blind cannot benefit from conventional
communication access services, then a team of two providers shall be hired upon
request to ensure effective communication. The second provider, who is deaf, hard of hearing, or
deaf-blind, would relay information between the consumer and the hearing
provider, using a three-way communication. [Eff and comp 11/6/00; comp 12/24/01; am and comp 10/13/05;
comp 7/23/07 ]
(Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-9 Rights of consumers to communication access services. Any person meeting any one of the
definitions of person who is deaf, hard of hearing, or
§11-218-12
definitions of person who is deaf, hard of hearing, or deaf-blind
or hearing consumer as provided in section 11-218-3 shall be provided communication access services
as requested in any program or activity of a state agency. Persons who are
deaf, hard of hearing, or deaf-blind who request communication access services
for any program or activity may identify and request their preferred
provider. The requirement for
credentials may be waived if the person who is deaf, hard of hearing, or
deaf-blind indicates preference for someone who does not have credentials. The state agency shall certify and
document that the person who is deaf, hard of hearing, or deaf-blind specified
a provider without credentials. [Eff 5/17/91; am and comp 6/10/94; am and comp 4/3/97; am and comp
11/6/00; comp 12/24/01; am and comp 10/13/05; comp
7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-9.5 Code of ethics. Services of HQAS interpreters shall be rendered in a manner consistent
with Appendix E, “The Hawaii Quality Assurance System Code of Ethics” (October
19, 2000). RID, NAD, NCRA, or NAD-RID NCI certified interpreters shall follow
their respective code of ethics. Services shall be rendered by providers in a
manner consistent with Appendix E, or their respective certification’s code of
ethics. [Eff and comp 11/6/00; am and comp 12/24/01; am and comp 10/13/05;
comp 7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-10 Repealed. [R 6/10/94]
§11-218-11 Repealed. [R 6/10/94]
§11-218-12 Application
and renewal of credentials. Every application for credentials shall be made upon forms available
from the appropriate national organizations or the state screening agency
§11-218-12
which provides
credentials, as indicated in section 11-218-3. Fees accompanying the application, if any, shall be set by
these organizations.
It is the responsibility of the
provider to maintain current credentials. [Eff 5/17/91; am and comp 6/10/94; comp 4/3/97; am and comp 11/6/00; am
and comp 12/24/01; comp 10/13/05; comp 7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-13 Validity
of credentials. The validity
of credentials shall be based on criteria for maintenance of credentials
established by the appropriate national organizations or the state agency which
provides credentials as indicated in section 11-218-3. It is the responsibility of the
provider to furnish, upon request, documentation of credentials to the state
agency when communication access services are contracted. [Eff 5/17/91; am and
comp 6/10/94; comp 4/3/97; am and comp 11/6/00; am and comp 12/24/01; comp
10/13/05; comp 7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-13.4 Test
Procedures and Grievances. The
HQAS shall be administered by the state screening agency. Candidate grievances
shall be filed in writing to the the disability and communication access board
executive director. The disability
and communication access board executive director shall reply in writing within
30 days. If the candidate is not
satisfied with the response of the executive director, then the candidate may
request a reply from the disablity and communication access board. The board shall consider all relevent
comments and materials of record before taking final action. [Eff
and comp 10/13/05; comp
7/23/07 ] (Auth: HRS §348F-6] (Imp: HRS §348F-3)
§11-218-13.5 Testing Fees. The disability and communication access
board shall establish a fee to be charged to each candidate applying for HQAS
§11-218-15
credentials.
(1) Fees
collected under this section shall be
deposited in the
special fund.
(2)
Candidate fees shall be $200 for the
combined
HQAS test including the written
test, and
interpreting/transliterating performance test.
(3) Candidate
fees shall be $200 for the HQAS+H
test.
(4) Candidate fees shall be used to pay
for the costs
of the independent evaluators’
services of
the performance test. If a
candidate
wishes to appeal the test scores,
the candidate
may request for a second set
of
evaluations with the payment of a second
candidate
fee. [Eff and comp 12/24/01; am
and comp 10/13/05; am and
comp 7/23/07
] (Auth: HRS §§348F-7 to 348F-8) (Imp: HRS §§348F-7 to 348F-8)
§11-218-14 Reciprocal recognition. State agencies are encouraged to recognize and honor
providers with current and valid credentials from jurisdictions other than the State of Hawaii for a
period of six months or until a state screening or testing is conducted. These credentials shall be considered
current and valid if they were awarded not more than two years prior to the date
of hire, unless otherwise indicated by the documentation of such
credentials. [Eff 5/17/91; am and
comp 6/10/94; am and comp 4/3/97; am and comp 11/6/00; am and comp 12/24/01; am
and comp 10/13/05; comp 7/23/07 ] (Auth: HRS §348F-6) (Imp: HRS §348F-3)
§11-218-15 Severability. If any provision of this chapter or the
application thereof to any person or circumstance is for any reason held to be
unconstitutional
or invalid, the remaining portion of these rules or the application thereof to
any person or circumstance shall not be affected.” [Eff 5/17/91; comp 6/10/94; comp 4/3/97; comp 11/6/00; comp
§11-218-15
12/24/01; am and comp 10/13/05; am and comp
7/23/07 ]
(Auth: HRS §348F-6) (Imp: HRS §348F-3)
Appendix A Recommended
Fee Schedules for Providers
Developed and approved by the
Disability and Communication
Access Board
May 17, 2007
Recommended Fee Schedule
for Interpreters
Credential
Level
|
Hourly
Rate per Interpreter
|
RID: CI and CT (holding both), CDI, CSC, or RSC, or
NAD Level V, or
HQAS Level V, or HQAS Level V+H
|
$45.00
|
RID either CI or CT, or
NAD Level IV, or
HQAS Level IV, or HQAS Level IV+H
|
$41.00
|
RID IC and IT (holding both), or
NAD Level III, or
HQAS Level III, or HQAS Level III+H
|
$30.00
|
RID either IC or IT, or
HQAS Level II, or HQAS Level II+H
|
$24.00
|
Interpreters holding no credential who have been
requested and approved by the Person who is Deaf, Hard of Hearing or
Deaf-Blind, including RID CDI-P.
|
$17.00
|
An
interpreter possessing a National Registry of Interpreters for the Deaf Special
Certificate or HQAS+H credential may be paid up to $10.00 more than the hourly
rate for the interpreter’s credential level when interpreting in the particular
situation identified on the certificate. An interpreter who is skilled at close-vision or tactile interpreting
may be paid up to $10.00 more than the hourly rate for the interpreter’s
credential level when interpreting for a person who is deaf-blind.
Recommended Fee Schedule for
Real-Time Captioners
Credential Level
RDR or RMR
CBC, CCP, CRR
CSR or RPR
|
Hourly Rate per Captioner
$80.00
$75.00
$65.00
|
Hourly
rates shown are for real-time captioning services only. Providers will supply use of basic
equipment only including stenographic machine and laptop computer. Providers may negotiate additional
charges for additional display and telecommunications equipment.
A
captioner may charge a fee not more than $1.00 per page if a hard copy of the
unedited transcript is requested.
218-Appendix A-1
Appendix
A Recommended
Fee Schedules for Providers
Recommended Fee Schedule for
Computer-Assisted Notetakers
Hourly
Rate per Computer-Assisted Notetaker
$18.00 For
situations that involve basic typing and notetaking skills.
$20.00 For
situations that involve typing at length or that use specialized vocabulary and
knowledge of the subject.
The
provider may charge a fee of not more than fifty cents per page for an edited
hard copy of the notes; or $5.00 for the dedicated disk if not provided by the
agency.
Recommendations Regarding Travel
Charges
Including Mileage and Parking
Providers
who are independent contractors may be paid mileage for travel by private car
both to and from the assignment at a rate of 44.5 cents per mile plus
documented parking charges, if any. Charges for travel time may be negotiated with the contractor for
assignments that require travel in excess of one hour for a round trip. It is
recommended that the state agency cover intrastate travel expenses for a
provider when no appropriate provider is available on island where services are
needed.
Recommendations Regarding Other
Allowable Charges
When
specialized services are required to provide effective communication, the state
agency may negotiate additional fees for those specialized services. The agency may contact DCAB for
assistance in determining the reasonableness of additional fees and charges.
Providers may negotiate additional fees for the use of specialized display
equipment such as a monitor or overhead TV projector.
Recommendations Regarding
Cancellation Guidelines
When
communication access services are cancelled, fees payable to the provider are
based on the length of the scheduled assignment and the cancellation time as
shown in the chart below. (“Full Charges” means the fee payable for the full
time of the assignment.)
Length of Assignment
|
Cancellation Time
|
Fees Payable
|
Less than 2 hours
|
At least 24 hours
|
None
|
Less than 2 hours
|
Less than 24 hours
|
Full Charges
|
2 to 4 hours
|
At least 48 hours
|
None
|
2 to 4 hours
|
Less than 48 hours
|
Full Charges
|
4 hours or more
|
At least 72 hours
|
None
|
4 hours or more
|
24 to 72 hours
|
Minimum of 2 hours plus
half of the remaining scheduled time
|
4 hours or more
|
Less than 24 hours
|
Full Charges
|
218-Appendix A-2
Failure
to appear by an essential person who is deaf, hard of hearing, or deaf-blind or
an essential person who is hearing is considered a cancellation and fees are
payable to the provider as shown. Failure to appear by a communication access provider is not a
cancellation and no fees are payable to the provider who fails to appear. For
assignments where two providers are scheduled and one fails to appear, the solo
provider shall be paid the full fee plus 30 per cent of the hourly rate.
218-Appendix A-3
Appendix B HQAS
Levels
Functional Description of
HQAS Levels
July
21, 2005
Level V is a master level interpreter-transliterator. This interpreter can
function expressively and receptively in virtually all situations. A person
holding a Level V credential should be pursuing national certification. While no restrictions are indicated,
this interpreter demonstrates professional judgement in accepting assignments.
HQAS V+H is an interpreter-transliterator who
satisfactorily met the requirements for local Hawaii language competency in
addition to the requirements defined for the Level V credential.
(Expires
5 years after the date of issue.)
Level IV is an accomplished interpreter-transliterator. This interpreter can
function expressively and receptively in most complex and technical situations.
A Level IV interpreter may accept assignments for one-on-one and group
sessions, as well as workshops and platform assignments. This interpreter is qualified for most
medical and dental appointments, and limited legal interpreting, including
client/lawyer meetings, and traffic or small claims court.
A Level IV interpreter should be pursuing continuing
professional education or national certification. A Level IV interpreter should
avoid critical medical situations, criminal court and civil court jury trials.
HQAS IV+H is an interpreter-transliterator
who satisfactorily met the requirements for local Hawaii language competency in
addition to the requirements defined for the Level IV credential.
(Expires
5 years after the date of issue.)
Level III is an intermediate level interpreter-transliterator. Level III is the lowest level receiving
a credential as a qualified interpreter. This interpreter may accept
assignments for many group sessions and workshops and most one-on-one
situations. A Level III
interpreter should be actively involved in professional development efforts.
An interpreter holding a Level III credential should
not accept assignments for legal, mental health, or critical medical
situations.
HQAS III+H is an interpreter-transliterator who satisfactorily met the
requirements for local Hawaii language competency in addition to the
requirements defined for the Level III credential.
(Expires
2 years after the date of issue.)
Level II is an entry-level communication assistant. The Level II communication
assistant will be able to interpret during orientation sessions and basic
tutoring sessions. A Level II
communication assistant may accept assignments where communication can be
interpreted consecutively in one on one situations, limited group sessions and
workshops; and may accept limited platform assignments when accompanied and
supervised by a qualified mentor.
A person holding a Level II credential should not
accept assignments for legal, mental health, medical, employment interviews or
critical situations of any nature.
HQAS II+H is an entry-level communication assistant who satisfactorily met the
requirements for local Hawaii language competency in addition to the
requirements defined for the Level II credential.
(Expires
2 years after the date of issue.)
218-Appendix B-1
Appendix B HQAS
Levels
Level I is a beginner level candidate. A Level I candidate is not considered qualified for professional
assignments. This candidate may provide limited interpreting in low risk
situations as an unpaid apprentice when accompanied by a qualified mentor.
Further professional development is required prior to reevaluation.
HQAS I+H is a beginner level candidate who satisfactorily met the requirements
for local Hawaii language competency.
(No credential is issued.)
218-Appendix B-2
Appendix C &n