Section R. 393.5051 - Practice within standard levelRule 51.
(1) A qualified interpreter shall interpret for a proceeding within his or her standard level, unless otherwise provided in these rules and the act.(2) Before starting a proceeding, an interpreter shall show his or her current Michigan qualified interpreter credential card to the appointing authority and D/DB/HH person(s). If the credential card does not include a photograph, the interpreter must present it along with valid government issued photo identification.(3) An interpreter working within a school shall provide the school with a copy of his or her current credential card at least annually and shall ensure a copy of the credential card is maintained on file at the school and available for public review upon request.(4) If there is a conflict between these rules and a local, state, or federal law, the interpreter shall comply with the law. All interpreters in this state must comply with all federal regulations established by the United States Department of Justice under title II and III of the Americans with Disabilities Act of 1990 or Americans with Disabilities Amendments Act of 2008. These rules are intended to supplement state and federal laws and shall be read to be consistent with state and federal law if more than 1 interpretation is possible.(5) A qualified interpreter may interpret for a proceeding for a co-worker or peer during organizational meetings, workshops, seminars, union discussions, or when not a participant in the meeting, but shall not interpret for a co-worker or peer during a disciplinary meeting, conflict resolution, personal meeting, or employment dispute. A neutral qualified interpreter shall be used, upon request of the D/DB/HH person.(6) A qualified interpreter shall not interpret for opposing parties and/or counsel in a legal proceeding.(7) When the defendant in a criminal trial is a D/DB/HH person, separate proceedings interpreter(s) and table interpreter(s) shall be required. A table interpreter facilitating communication between a D/DB/HH person and his or her counsel shall not interpret for the court. Similarly a proceedings interpreter shall not work without a table interpreter being present in a criminal case. The roles of the interpreter at the table and the proceedings interpreter are neither adversarial nor compatible. The interpreter at the table is a member of the council team and an agent of the attorney. The proceedings interpreter is an officer of the court. In such instances, both of the following apply: (a) The proceedings interpreter shall interpret the courtroom proceedings.(b) The table interpreter shall interpret privileged and other communications between a D/DB/HH person and his or her attorney while monitoring the accuracy and effectiveness of the proceedings interpreters interpretations on behalf of the defense.(8) A qualified interpreter shall not accept assignments requiring him or her to be the sole interpreter in situations that require a team. A team shall be required if any of the following factors exist: (a) A criminal case where the defendant is a D/DB/HH person as described in subrule (7) of this rule.(b) D/DB/HH participants who are represented by opposing counsels or otherwise have incompatible interests or privacy concerns.(c) A D/DB/HH youth of 18 years or younger is a witness, victim, or defendant.(d) Police interrogations.(e) The D/DB/HH participant has requested a deaf interpreter.(9) The decision to utilize team interpreting involves ethical decision making and consideration of a variety of variables. These variables can impact effective communication as well as result in repetitive strain injury to the interpreter. An interpreter shall not be compelled to interpret alone if the request for a team is denied. The appointing authority is encouraged to consult with the division if doubt exists regarding the need for a team. An interpreter may request of the appointing authority a team if 1 or more of the following variables exist:(a) Multiple D/DB/HH participants and/or multiple hearing participants are present.(b) The subject matter requires a high degree of specialized vocabulary.(c) There is a high degree of interactivity among the participants requiring the interpreter to utilize both expressive and receptive skills.(d) A rapid pace of communication that cannot be easily modified is present.(e) Participants exhibit limited language proficiency.(f) The D/DB/HH participants use different modes of communication.(g) There are logistical considerations.(h) A proceeding exceeds 2 hours of continuous interpreting with no or only limited breaks.(10) Medical, mental health, police, or legal situations, including situations involving child protective services that occur in school, shall include an educational interpreter holding a current EIPA credential who will team with an interpreter holding the appropriate medical or legal endorsement and is credentialed at a standard level 2 or 3.(11) An interpreter at a lower standard level may interpret in a higher standard level setting if he or she is in a supervised, division-approved mentoring experience with a higher standard level interpreter.(12) A contract or regular employee, regardless of job title, whose essential job function is to interpret or to facilitate communication between a D/DB/HH person and a non-signing person through sign language or oral transliteration, must hold appropriate credentials and endorsements making him or her a qualified interpreter, as prescribed in the act.Mich. Admin. Code R. 393.5051