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Administrative Rules for Communication Access Provisions for Deaf, Hard of Hearing, and Deaf-Blind Persons
(Hawaii Administrative Rules, Title 11, Chapter 218)

 

What are Hawaii Administrative Rules Title 11, Chapter 218?

The Administrative Rules for Communication Access Services are promulgated by the Disability and Communication Access Board to establish uniform guidelines for the use of communication access services for deaf, hard of hearing, and deaf-blind consumers in programs and activities of state departments and agencies. The rules establish recommended pay scales that agencies may use when negotiating service fees with the independent contractors who provide these services. The rules also identify the appropriate credentials held by these contractors.

WHAT are communication access services?

Communication access services are provided by individuals who facilitate communication between deaf, hard of hearing, deaf-blind, and hearing consumers. These services include sign language interpreting, real time captioning and computer assisted note taking. Communication access providers usually hold professional credentials and are self-employed.

WHEN should communication access services be provided?

A state agency must provide communication access services anytime those services are necessary for a deaf, hard of hearing, or deaf-blind person to effectively participate in any of the agency's programs or activities. When the consumer makes a specific request, the agency must use the consumer's preferred provider when possible. In other cases, the agency must hire the provider with the highest level of credentials, or which provides the highest level of communications. (See the Recommended Fee Schedule on the insert to this Fact Sheet.)

WHO are the providers of communication access services?

Sign Language Interpreters are nationally certified or state credentialed professionals who translate between American Sign Language and spoken English or transliterate between sign coded English and spoken English. Interpreters may use tactile (contact) or close-vision sign language techniques with some deaf-blind consumers.

Oral Interpreters are certified professionals who provide interpreting services for deaf consumers who communicate primarily using lip-reading and their own voice instead of sign language. These interpreters are specially trained to mouth words in a manner best understood by consumers who are lip-readers.

Real Time Captioners are certified professionals who provide simultaneous transcription of a speaker's words using a stenographic machine, a computer and specialized software.

Computer Assisted Notetakers are trained individuals who provide a summary of the speaker's words using a portable word processor for display on a computer screen. Notetakers type simultaneously with the speaker, but do not provide verbatim transcription.

What is the DIFFERENCE between interpreters, captioners and notetakers ?

Interpreters, both sign and oral, interpret or transliterate both sides of a conversation. They translate or transliterate spoken English into sign language or mouth movements that are understandable by the deaf, hard of hearing or deaf-blind consumer. Interpreters also translate or transliterate the consumer's signs or speech into spoken English. Interpreters provide two-way communication. The agency should employ interpreters whenever access to a program or activity requires two-way conversation.

Captioners and notetakers provide one-way communication. They convert spoken English into a text format for the deaf, hard of hearing or deaf-blind consumer to read. (Note that deaf-blind consumers may have limited vision and may able to read text if displayed in an appropriate size and format.)

Captioners and notetakers cannot translate or transliterate the deaf, hard of hearing or deaf-blind consumer's signs or speech into spoken English for the hearing consumer. The agency may elect to employ captioners or notetakers when access to the program or activity requires only one-way communication or when the consumer uses their own voice.

Captioners stroke a stenographic machine at rates of 200 to 265 words per minute. These professionals are able to transcribe the entire spoken message at accuracy rates of at least 95%. Notetakers type at rates of at least 60 words per minute and must summarize the spoken message. Captioners may be used to provide access to a program or activity that requires that entire spoken message be conveyed. Notetakers may be employed when effective communication can be achieved with only a summary of the spoken message. Notetakers may be hired at lower costs than captioners, but since notetakers do not convey the entire spoken message, their services often do not provide effective communication for the consumer.

Captioners and notetakers can provide the agency or the consumer with either a printed or disk-copy transcript. Generally there is an additional charge for this service and the agency should request the transcript in advance.

In all cases, the access preferences of the deaf, hard of hearing, or deaf-blind consumer should be the determining factor in selecting a communication access provider. The consumer may request a provider without credentials, however the agency must certify and document that request.

What is meant by CERTIFIED or CREDENTIALED?

Interpreters may hold national certification from the Registry of Interpreters for the Deaf, the National Association of the Deaf or may hold Hawaii Quality Assurance System credentials issued by the Disability and Communication Access Board. Interpreter certifications and credentials provide a general overview of that interpreter's demonstrated level of skills. Interpreters holding higher levels of certification or credentials are paid more than those with lower levels of certification or credentials. The Recommended Fee Schedule on the insert provides an overview of those levels.

Real time captioners are certified by either the National Court Reporters Association or a state board of shorthand reporters. Certification of captioners also reflects varying level of skill (specifically: speed and accuracy).

There are currently no known local or national organizations that award credentials for computer-assisted notetakers. It is recommended that state agencies who hire notetakers utilize individuals who: have the ability to organize and summarize information, can type at least 60 words per minute, have some familiarity with the subject, and have experience working with deaf, hard of hearing, or deaf-blind consumers.

State agencies are encouraged to recognize and honor credentials from jurisdictions other than Hawaii for a period of six months or until a local screening is conducted. These credentials are honored until the expiration date shown on the credential or two years from the date of issue if no expiration date is shown. Agencies may ask the communication access provider to provide documentation of their certification, classification, or credential.

How do you know how much to PAY for communication access services?

Most communication access providers in Hawaii are employed as independent contractors. Specific terms and conditions are negotiated between the hiring state agency and the contractor. Guidelines for appropriate payment for communication access services are established by the Disability and Communication Access Board (DCAB) and are codified in the Administrative Rules.

The DCAB reviews the fee and credential guidelines annually. Agency administrators are encouraged to closely examine terms and conditions of employment that result in payments substantially greater or less than the fees shown on the Recommended Fee Schedule.

MISCELLANEOUS information you may need to know .

1. For assignments over one and one-half hours in length of continuous service (e.g.: a workshop or meeting), the agency should hire two interpreters for the total time of the assignment to actively work for alternate periods of twenty minutes each.
• If the deaf, hard of hearing or deaf-blind consumer cannot benefit from conventional communication access services, in order to ensure effective communication, it may be necessary for the agency to hire an additional interpreter who is deaf or hard of hearing themselves. This person acts as a relay interpreter between the consumer and the service provider.
• All certified, and credentialled, communication access providers are required to comply with the appropriate code of ethics for their profession.

 

WHO can you call for more help?

Contact the Disability and Communication Access Board any of at the numbers listed below.

In addition to assistance with the administrative rules, DCAB offers training and technical assistance to state agencies who serve deaf, hard of hearing, or deaf-blind consumers or who have deaf, hard of hearing, or deaf-blind employees. DCAB offers assistance in compliance with federal and state laws, including the Americans with Disabilities Act, Section 504 and 508 of the Rehabilitation Act, the Hearing Aid Compatibility Act, the Telecommunications Act, and others.

Main Office (Oahu): Disability and Communication Access Board 919 Ala Moana Blvd., Room 101 Honolulu, Hawaii  96814 (808) 586-8121, Voice or TTY (808) 586-8129, FAX

Communication Access Specialist (Oahu): [Use TTY or Relay Service] For Voice to TTY Relay Service, dial: 711 then ask for TTY: (808) 586-8130 E-mail: accesshi@aloha.net www.hawaii.gov/health/dcab

Recommended Fee Schedule for Communication Access Providers

(Pursuant to Hawaii Administrative Rules, Title 11, Chapter 218)

Fees and certifications shown on this page are current as of November 30, 2001. Recommended fees, certification and classification levels, are subject to change from time to time.

Please call DCAB for updates. [(808) 586-8121]

Interpreters:			Hourly Rate Per Provider
Registry of Interpreters for the Deaf (RID): CI and CT (holding both), CDI, CSC, or RSC, or National Association of the Deaf (NAD) Level V, or Hawaii Quality Assurance System (HQAS) Level V			$40.00
RID: CI or CT, or NAD Level IV or HQAS Level IV			$36.00
RID: IC and IT (holding both), or NAD Level III or HQAS Level III			$26.00
RID: IC or IT, or HQAS Level II			$21.00
Interpreters holding no credential who have been requested by the Deaf, Hard of Hearing, or Deaf-Blind client, including RID CDI-P			$15.00
Note 1:	An interpreter holding a current RID Special Certificate (SC:L, SC: L-P, CLIP, CLIP-R, SC:PA) may be paid up to $10.00 more than the hourly rate for that interpreter's credential level when interpreting in the particular situation identified on the certificate.
Note 2:	An interpreter who is skilled at close-vision or tactile interpreting may be paid up to $10.00 more than the hourly rate for that interpreter's credential level when interpreting for a deaf-blind consumer.
Note 3:	Former local screening classifications I, II, and III issued by Island Skill Gathering do not meet the minimum requirements and should not be accepted.
Real-Time Captioners		Hourly Rate Per Provider
National Court Reporters Assn (NCRA): RDR or RMR		$80.00
NCRA: CRR		$75.00
NCRA: RPR or CSR		$65.00
Note 1:	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.
Note 2:	A captioner may charge a fee not more than $1.00 per page if a hard copy of the unedited transcript is requested.

Computer Assisted Notetakers		Hourly Rate Per Provider
For situations that involve basic typing and note taking skills.		$18.00
For situations that involve typing at length or use specialized vocabulary and knowledge of the subject.		$20.00
Note 1:	The provider may charge a fee of not more than 50¢ per page for an edited hard copy of the notes; or $5.00 for the dedicated disk if not provided by the agency.

Other Charges and Fees

Travel Charges including Mileage and Parking
Providers who are independent contractors may be paid for mileage for travel by private car both to and from the assignment at a rate of 40¢ 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.
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.
Cancellation Guidelines
Note 1:	When communication access services are canceled, 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
Note 2:	Failure to appear by an essential deaf, hard of hearing, or deaf-blind consumer or an essential hearing consumer is considered a cancellation and fees are payable to the provider as shown.
Note 3:	Failure to appear by a communication access provider is not a cancellation and no fees are payable to the provider who fails to appear.