Laws and Regulations

VDDHH Regulations

Regulations Governing Interpreter Services

Virginia Administrative Code
Database updated through 17:17 Va.R. May 7, 2001

22VAC20-30-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless context clearly indicates otherwise:

• "ASL" (American Sign Language) means the visual-manual language predominantly used by members of the deaf community.
• "Assessment team" refers to the group of individuals who serve on the panel for Virginia Quality Assurance Screenings.
• "Candidate" refers to any person who has applied to take the Virginia Quality Assurance Screening.
• "Certified interpreter" refers to an advanced level interpreter who holds valid certification issued by the Registry of Interpreters for the Deaf, Inc., or a cued speech transliterator certified by the National Cued Speech Association.
• "Closed screening" means a screening which may be offered to a group who has requested a screening for at least eight candidates within that group. Candidates on the waiting list to be screened may not be notified of closed screenings.
• "Code of ethics" means the guidelines for interpreters as established by the national Registry of Interpreters for the Deaf, Inc., and the Code of Conduct of the National Cued Speech Association TEC Unit.
• "Consumer" refers to any individual: deaf, hard of hearing or hearing who is a recipient of interpreter services.
• "Coordinator" refers to the Coordinator of the Virginia Quality Assurance Screening in the Department for the Deaf and Hard of Hearing.
• "Cued speech" means a phonemically-based system used in conjunction with speech reading, comprised of handshapes representing consonant sounds and positions about the face representing vowel sounds.
• "Deaf" refers to any person who has a hearing loss such that with or without amplification is unable to receive information in an auditory fashion and whose primary means of receiving communication is through visual input such as lip reading, sign language, finger spelling, cued speech, reading or writing.
• "Department" means the Virginia Department for the Deaf and Hard of Hearing.
• "Director" refers to the Director of the Virginia Department for the Deaf and Hard of Hearing.
• "Directory" means the listing of qualified interpreters for the deaf and hard of hearing as compiled by the department.
• "Expressive" means to convey a spoken message into a visual equivalent.
• "Hard of hearing" refers to any person who has a hearing loss such that hearing is difficult but the understanding of spoken communication through the ear alone, with or without a hearing aid, is not precluded.
• "Hearing" refers to any person who is able to comprehend conversational speech without an assistive device.
• "Interpret" means to accurately convey messages without personal interjection between two or more parties using two languages.
• "Interpreter" refers to any person who facilitates communication between two or more parties using different languages or different forms of the same language and refers to sign language interpreter/transliterators and oral and cued speech transliterators. When the term is used to specifically identify an interpreter who interprets using ASL, this text will so indicate.
• "Interpreting (ASL)" means the specific process of interpreting ASL vocabulary, structure, and grammatical components and does not include oral or cued speech transliterating or forms of manual communication using an English-based structure. The term is used specifically herein when discussing components of the VQAS assessment process.
• "Manually-coded English" means any form of manual communication which utilizes specified handshapes to represent English syntax.
• "National Cued Speech Association" (NCSA) means the national training, evaluation, and certification unit of cued speech transliterators.
• "Oral" means a communication mode which is dependent upon speech reading and spoken communication.
• "Panel" refers to the people selected to serve on an assessment team of the Virginia Quality Assurance Screening.
• "Panelist" refers to any person who has satisfied the requirements for serving as a member of the assessment team for quality assurance screenings during live panel rating sessions.
• "Qualified interpreter" refers to an interpreter who currently holds at least one of the following credentials:
  • 1. Certification from any national organization whose certification process has been recognized by the Department for the Deaf and Hard of Hearing; or
  • 2. A current screening level awarded by the Virginia Quality Assurance Screening Program of the Department for the Deaf and Hard of Hearing; or
  • 3. A screening level or recognized evaluation from any other state when (i) the credentials meet the minimum requirements of Virginia Quality Assurance Screening and (ii) the credentials are valid and current in the state issued.
• "Rater" refers to any person who has satisfied the requirements for serving as a member of the assessment team for rating videotapes of candidates who participate in the Virginia Quality Assurance Screening.
• "Receptive" means to convey a visual message into a spoken equivalent.
• "RID" (Registry of Interpreters for the Deaf, Inc.) means the national membership organization of the interpreting profession.
• "Screening" means the Virginia Quality Assurance Screening.
• "Screening level" means the level of competency awarded to an interpreter who has successfully satisfied the minimum standards established for VQAS.
• "Service provider" refers to the person requesting interpreter services who may or may not also be the consumer.
• "Transliterate" means to accurately convey messages without personal interjection between two or more parties using different forms of the same language, such as written or spoken English and a manually-coded form of English or cued speech.
• "VQAS" means Virginia Quality Assurance Screening, which is designed to assess interpreting and transliterating skills of interpreters who facilitate communication between persons who are deaf or hard of hearing and persons who are hearing, and is administered by the Virginia Department for the Deaf and Hard of Hearing.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §1.1; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

Part II - Administration Of Interpreter Services

22VAC20-30-20. Responsibilities of the department.

1. The department will:
   1. Refer and assign only qualified interpreters to consumers and service providers; and
   2. Compile a directory of qualified interpreters.
2. Upon request, the department may:
   1. Distribute the directory;
   2. Maintain a list of directory recipients and distribute updates;
   3. Assist consumers and service providers in selecting an appropriate interpreter; or
   4. Provide information about the different levels of qualifications and the various modes of communication.
3. The department may:
   1. Assign interpreters when requested by a consumer or service provider; and
   2. Compensate interpreters from available funds appropriated for that purpose; and
   3. Refer qualified interpreters directly to the service provider or consumer.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §2.1; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-30. Directory of qualified interpreters.

1. A qualified interpreter listed in the directory shall hold at least one of the following credentials:
   1. Valid RID certification;
   2. Current VQAS screening level;
   3. Certification issued by the National Cued Speech Association; or
   4. A screening level or recognized evaluation from another state when:
      1. The credentials meet the minimum requirements of VQAS; and
      2. The credentials are valid and current in the state issued.
      NOTE: An interpreter listed in the directory with qualifications in subdivision 4 of this subsection, shall apply for and receive a VQAS screening level or national certification within one year from the date originally listed in the directory.
2. Before an interpreter shall be listed in the directory, the department will:
   1. Verify the validity of all credentials;
   2. Ensure that all credentials are current; and
   3. Obtain a written request from the interpreter to be listed in the directory as a qualified interpreter.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §2.2; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-40. Appeal procedure.
If an interpreter desires to contest the department's decision to exclude that interpreter's request to be listed as a qualified interpreter, that interpreter must file a written appeal with the director within 30 working days of the determination. The director, or designee, shall provide an informal conference with that interpreter within 30 working days from the date received. The final decision will be determined by the director who will provide written notification of that decision within 30 working days of the conference.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §2.3; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

Part III Virginia Quality Assurance Screenings (VQAS)

22VAC20-30-50. General.
In order to maintain the referenced directory and ensure the maintenance of quality interpreter services, the department will administer Virginia Quality Assurance Screenings in accordance with the provisions specified in this part.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.0; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-60. Notification of intent to be screened.
Candidates interested in being screened should contact:

VQAS Coordinator
Virginia Department for the Deaf and Hard of Hearing
Washington Building, 12th Floor
1100 Bank Street
Richmond, Virginia 23219-3640
(804) 225-2570 V/TTP in Richmond
(800) 552-7917 V/TTP Toll-free Statewide

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.1; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-70. Type of VQAS screening.
Candidate will notify the administering agency of intent to participate in the VQAS and which assessment will be taken.
All requests to be screened will be acknowledged by the coordinator, or designee, in writing within 30 working days of receipt of the request.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.2; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-80. Fee for screening.
The department may assess a fee for each part of the screening. The fee shall not xceed the actual cost of administration. Notification of current fees shall be provided with registration forms (22VAC20-30-100). Payment of fees shall be received prior to the candidate's participation in any portion of the assessment.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.3; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-90. Scheduling of screenings.
The department may offer a screening whenever candidates are waiting to be screened but screenings may be cancelled when fewer than six candidates apply to be screened as scheduled.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.4; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-100. Notifying and scheduling of candidates.
Candidates shall be notified in writing of the next scheduled screening at least 10 days prior to the scheduled date. Closed screenings may be offered upon request to groups who satisfy the requirements established by the department for offering a screening (22VAC20-30-90).

Candidates must complete and return the appropriate registration form requesting to be screened. The coordinator will be responsible for scheduling and confirming requests in the order received. Candidates whose requests are received after the screening schedule has been filled shall be retained as alternates or assigned to another assessment site/date.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.5; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-110. VQAS assessment process.
Each candidate's performance will be assessed either by a screening panel present during the assessment or videotaped and rated by individual raters. Panelists/raters will assess only the segments for which they have been specifically trained.

1. Assessment team.
   1. A screening panel or individual ratings shall consist of at least one panelist/rater who is hearing and one panelist/rater who is deaf or hard of hearing.
      
   2. All panelists/raters shall be fluent in the language mode being assessed and shall have successfully completed rater training as administered by the agency.
      
2. Screening components.
   Each screening is comprised of two major categories:
   1. Part I - Code of Ethics: (General knowledge and application). Shall be administered prior to the other category orally (in front of a live panel, on videotape, or both) or in writing (in the presence of a monitor).
      NOTE: A candidate may not participate in a performance assessment until 90% competency has been demonstrated on Part I, the Code of Ethics assessment.
   2. Part II - Skills Assessment.
      1. Sign Language Assessment. Interpreting (ASL) Performance: (Expressive and receptive abilities using ASL vocabulary, structure, and components) and Transliterating (English) Performance (Expressive and receptive abilities using a form of manually-coded English). The assessment may be administered in front of a live panel, on videotape, or both.
      2. Cued Speech. Transliterating Performance: Expressive and receptive abilities using cued speech hand shapes and mouth movements. The assessment may be administered in front of a live panel, on videotape, or both.
3. Awarding of screening levels.
   Each panelist/rater will independently assess a candidate's performance and assign a raw score for the required competencies within each category (Parts I and II). Raw scores will be totaled for each part, converted to percentages, and averaged with the other panelists'/raters' scores. Parts I and II will be scored independently of each other by the department. Depending on the results, a candidate may:
   1. Not receive any level at that time;
   2. Receive a level for Interpreting (ASL) only;
   3. Receive a level for Transliterating Sign Language only;
   4. Receive a level for both Interpreting (ASL) and Transliterating Sign Language; or
   5. Receive a level for Transliterating Cued Speech only.
4. Criteria for screening levels.
   A screening level of I, II, III, or IV will be awarded to candidates who satisfy the minimum competency requirements. (Refer to 22VAC20-30-110 B Screening Components.) These minimum requirements are:
   1. 90% Code of Ethics (Part I) and
   2. Performance Scores (Part II Interpreting or Transliterating):
      1. 95% - Level IV
      2. b. 80% - Level III
      3. c. 65% - Level II
      4. d. 50% - Level I
5. The department will notify candidates in writing of the status of their screening results within 90 working days of the screening date.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.6; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-120. Validity period.
A screening level, or the results of any part as described in 22VAC20-30-110 B, shall remain valid for three years from the date of the letter of notification.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.7; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-130. Appeal procedure.
If a candidate desires to contest the results of any part of a screening, the candidate must file an appeal with the director within 30 calendar days of the date of the decision. The director, or designee, shall provide for an informal conference with the candidate within 30 working days. The only remedy which the director may award for the Code of Ethics (Part I) is the opportunity to retake the screening at the next scheduled date. The only remedy which the director may award for the performance component (Part II) is the opportunity to be reassessed by additional panelists/raters within 90 working days.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.8; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.

22VAC20-30-140. Confidentiality.
All VQAS materials shall be kept confidential by department personnel and other persons authorized by the department to view such materials. Candidate's scores shall also be confidential and shall not be released to persons other than the candidate without the candidate's written permission.

Statutory Authority
§§63.1-85.4 and 63.1-85.4:1 of the Code of Virginia.

Historical Notes
Derived from VR245-03-01 §3.9; eff. August 30, 1989; amended, Virginia Register Volume 7, Issue 2, eff. November 21, 1990; Volume 9, Issue 6, eff. January 13, 1993.