Current through Reg. 50, No. 13; March 28, 2025
The following words and terms, when used in this
subchapter, have the following meanings, unless the context clearly indicates
otherwise.
(1) Active Duty--Current
full-time military service in the armed forces of the United States or active
duty military service as a member of the Texas military forces, as defined by
§
437.001, Government
Code, or similar military service of another state.
(2) Armed Forces of the United States--The
Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States or a
reserve unit of one of those branches of the armed forces.
(3) BEI Board--The seven-person advisory
board appointed by the executive commissioner of HHSC, or his or her designee,
to assist in administering the BEI.
(4) Certificates issued:
(A) Basic certificate--A certificate issued
by DARS to a person who has passed a written test of English proficiency and a
skills evaluation ensuring a minimum competency standard to interpret in
routine educational and social service settings.
(B) Advanced certificate--A certificate
issued by DARS to a person who has passed a written test of English proficiency
and a skills evaluation ensuring a minimum competency standard to interpret in
a variety of complex settings, such as routine medical, social service, K-12
and higher education, routine mental health, and routine quasi-legal.
(C) Master certificate--A certificate issued
by DARS to a person who has passed a written test of English proficiency and a
skills evaluation ensuring a minimum competency standard to interpret in a
variety of highly complex settings, such as medical, mental health,
quasi-legal, and educational settings.
(D) Court certificate--A certificate issued
by DARS to a person who has passed a skills evaluation certifying that the
person is qualified to interpret all proceedings of Texas courts, including
county, municipal, and justice courts.
(E) Intermediary--Level III certificate--A
certificate issued by DARS to a person who is deaf or hard of hearing who has
passed a skills evaluation certifying that the person possesses the ability to
interpret for a wide range of communication styles, which may include but, not
limited to non-standard signs/gestures, limited communication skills,
characteristics of Deaf Culture that may not be familiar to hearing
interpreters, deaf-blind, minimal language skills, and indigenous
communication.
(F)
Intermediary--Level V certificate--A certificate issued by DARS to a person who
is deaf or hard of hearing who has passed a skills evaluation certifying that
the person possesses the ability to interpret in a variety of settings and
situations requiring extensive knowledge and training in specialized fields
including, but not limited to mental health/psychiatric, medical/surgical,
court/legal and matters involving juveniles, demonstrates near flawless skills
in interpreting for a wide range of communication styles, which can include-but
not limited to non-standard signs/gestures, limited communication skills,
characteristics of Deaf Culture that may not be familiar to hearing
interpreters, deaf-blind, minimal language skills, and indigenous
communication.
(G) Oral
Certificate: Basic (OC:B) certificate--A certificate issued by DARS to a person
who has passed a skills evaluation in spoken-to-visible and visible-to-spoken
communication, certifying that the person has basic proficiency in oral
transliteration and speechreading.
(H) Oral Certificate: Comprehensive (OC:C)
certificate--A certificate issued by DARS to a person who has passed a skills
evaluation in spoken-to-visible and visible-to-spoken communication, certifying
that the person has advanced proficiency in oral transliteration and
speechreading.
(I) Oral
Certificate: Visible (OC:V) certificate--A certificate issued by DARS to a
person who is deaf or hard of hearing and who has passed a skills evaluation in
visible-to-spoken communication, certifying that the person has advanced
proficiency in oral transliteration and speechreading.
(J) Trilingual Advanced certificate--A
certificate issued by DARS to a person who has passed a written test of Spanish
proficiency and a skills evaluation certifying that the person has the ability
to meaningfully and accurately understand, produce, and transform ASL to and
from English and Spanish in a culturally appropriate manner, in more complex
situations for routine educational and social service settings, such as K-12
educational and administrative interactions.
(K) Trilingual Master certificate--A
certificate issued by DARS to a person who has passed a written test of Spanish
proficiency and a skills evaluation certifying that the person has the ability
to meaningfully and accurately understand, produce, and transform ASL to and
from English and Spanish in a culturally appropriate manner, in the most
complex situations including complex medical, complex mental health,
quasi-legal, and educational settings.
(L) Morphemic Sign System (MSS)
certificate--A certificate issued by DARS to a person who has passed a skills
evaluation certifying that the person can convey a message from verbal English
into morphemic signs for English and from morphemic signs for English into
verbal English.
(M)
Multiple-certificate holder--A BEI certificate holder who possesses or who is
awarded more than one BEI certificate.
(N) Signing Exact English (SEE)
certificate--A certificate issued by DARS to a person who has passed a skills
evaluation certifying that the person can convey a message from verbal English
into Signed Exact English and from Signed Exact English into verbal
English.
(O) Level I certificate--A
certificate issued by DARS to a person who has passed a written test to assess
understanding of Code of Ethics and a skills evaluation certifying that the
person can convey some daily interpreting situations where expressive skills
are usually stronger than receptive skills and sign vocabulary is
limited.
(P) Level II
certificate--A certificate issued by DARS to a person who has passed a written
test to assess understanding of Code of Ethics and a skills evaluation
certifying that the person can convey some routine interpreting situations
where the person exhibits good transliterating or interpreting skills, but not
both.
(Q) Level III certificate--A
certificate issued by DARS to a person who has passed a written test to assess
understanding of Code of Ethics and a skills evaluation certifying that the
person can convey most routine interpreting situations where the person
exhibits good expressive and receptive interpreting skills, displays a clear
distinction between interpreting and transliterating and possess a sign
vocabulary.
(R) Level IV
certificate--A certificate issued by DARS to a person who has passed a written
test to assess understanding of Code of Ethics and a skills evaluation
certifying that the person exhibits strong expressive and receptive
interpreting skills in settings such as medical, legal and psychiatric,
demonstrates excellent use of ASL grammar and ASL features, transliterating
skills are strong and processing is often at the textual level.
(S) Level V certificate--A certificate issued
by DARS to a person who has passed a written test to assess understanding of
Code of Ethics and a skills evaluation certifying that the person exhibits very
strong expressive and receptive interpreting skills in setting such as medical,
legal and psychiatric, possess an extensive vocabulary, demonstrates
sophisticated use of ASL grammar as well as ASL features and transliterates
conceptually accurate with appropriate mouthing.
(5) Court proceeding--A proceeding that is
under the jurisdiction of Texas courts for civil cases and criminal actions,
including arraignments, hearings, examining trials, trials, depositions,
mediations, court-ordered arbitrations, or other forms of alternative dispute
resolution.
(6) Military service
member--A person who is on active duty.
(7) Military spouse--A person who is married
to a military service member.
(8)
Military veteran--A person who served on active duty and who was discharged or
released from active duty.
(9)
Trilingual interpreter services--Interpreting services provided by an otherwise
qualified interpreter who is proficient in Spanish in addition to English and
sign.