Section 4. State registration required.
(a) General rule.--Except as provided in subsection (b), no individual may provide or offer to provide sign language interpreting, transliterating services or video remote interpreting, or hold himself or herself as a qualified sign language interpreter or qualified transliterator or, use a similar title or designation, without being State-registered by the office in accordance with this act. ((a) amended Oct. 31, 2024, P.L.1158, No.143)
(b) Exceptions.--The following individuals are exempt from the State registration requirements of subsection (a):
(1) An individual engaged in interpreting or transliterating at a worship service conducted by a religious entity and services for educational purposes for a religious entity or religiously affiliated school.
(2) An individual engaged in sign language interpreting or transliterating during an immediate, life-threatening medical emergency or first responder incident where there is no qualified sign language interpreter or qualified transliterator available and a delay in obtaining a qualified sign language interpreter or qualified transliterator might lead to injury or loss to the individual requiring the services. The exception under this paragraph shall no longer apply when the medical emergency or first responder incident is stabilized based on reasonable medical or legal standards.
(3) An individual engaged in interpreting or transliterating as part of a supervised internship or practicum at an accredited college or university if it is not in any of the following:
(i) A legal setting as defined under regulation.
(ii) A medical or mental health setting as defined under regulation, unless accompanied by a qualified sign language interpreter or qualified transliterator.
(4) An individual who resides outside the Commonwealth, holds a certification and provides interpreting or transliterating services in person or remotely via video remote interpreting in the Commonwealth for a period not exceeding 14 days each calendar year.
(5) Subject to subsection (b.1), an individual engaged in interpreting or transliterating at the request of an individual who is deaf, deafblind or hard of hearing if the individual informs the client that the individual is not registered under this act. This exception shall only apply to situations where the individual who is deaf, deafblind or hard of hearing initiates the request for a specific individual, the individual agrees to provide the service requested and the services are reasonable for the location, content and nature of the situation.
(6) An individual who engages in interpreting or transliterating strictly as a volunteer.
(7) An individual employed in a public or private elementary or secondary school or institution chartered by the Commonwealth who engages in interpreting or transliterating for the instruction of students or other school-related activity. Individuals exempt pursuant to this subsection shall comply with regulations promulgated by the State Board of Education establishing criteria for persons providing sign language interpreting and transliterating services to students.
(8) (Deleted by amendment Nov. 23, 2010, P.L.1355, No.124).
(9) An individual who obtains a provisional registration under section 5.1.
((b) amended Oct. 31, 2024, P.L.1158, No.143)
(b.1) Expiration of exception.--
(1) The exception under subsection (b)(5) shall expire five years from the effective date of this subsection.
(2) Within one year prior to the expiration under paragraph (1), at the discretion of the Advisory Council for the Deaf and Hard of Hearing, the Advisory Council for the Deaf and Hard of Hearing may hold a public meeting, followed by a 60-day public comment period, to consider the necessity of extending the exception under subsection (b)(5).
(3) If the Advisory Council for the Deaf and Hard of Hearing initiates the procedures under paragraph (2), a report detailing any recommendations and public comments received shall be provided to:
(i) The office.
(ii) The chairperson and minority chairperson of the Labor and Industry Committee of the Senate.
(iii) The chairperson and minority chairperson of the Labor and Industry Committee of the House of Representatives.
((b.1) added Oct. 31, 2024, P.L.1158, No.143)
(c) Unlawful practice.--An individual who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine not to exceed $300 or to imprisonment for not more than 90 days, or both, for a first violation. An individual who is convicted of a subsequent violation of this section commits a misdemeanor of the third degree and shall be sentenced to pay a fine of not less than $300 nor more than $1,000 or to serve a term of imprisonment for not more than 90 days, or both.
(4 amended July 7, 2006, P.L.605, No.92)