Mo. Code Regs. tit. 20 § 2232-3.010

Current through Register Vol. 49, No. 24, December 16, 2024

Section 20 CSR 2232-3.010 - General Principles

PURPOSE: This rule provides the ethical principles governing the practice of interpreting.

(1) The Ethical Rules of Conduct for Interpreters (hereinafter ethical rules) shall apply to a licensed interpreter, temporary licensed interpreter, applicant for licensure and applicant for temporary licensure (hereinafter referred to as interpreter or interpreters). A violation of these ethical rules constitutes unprofessional conduct and is sufficient reason for disciplinary action.

(2) An interpreter must maintain a current certification. For the purposes of this rule, certification is defined as National Registry of Interpreters for the Deaf (NRID) certificates, which include Comprehensive Skills Certificate (CSC), Certificates of Interpreting/Certificate of Transliteration (CI/CT) and Certified Deaf Interpreter (CDI); National Association of the Deaf (NAD) certificate levels 3, 4, and 5; and Missouri Interpreter Certification System.

(3) An interpreter shall not interpret in a setting beyond his or her certification level, as provided for in 5 CSR 100-200.170.

(A) This rule does not apply to a licensed, certified interpreter acting in a mentee role as outlined in 20 CSR 2232-3.030.

(4) A person is not considered to be interpreting pursuant to sections 209.319 to 209.339, RSMo if, in a casual setting, a person is acting as an interpreter gratuitously or is engaged in interpreting incidental to traveling.

(A) A casual setting is defined as any event in which the sole purpose of communication is social or family interaction and at which no decisions are made with long-term effects of a legal, financial, or medical nature.

(5) For the purpose of these rules, a consumer shall be defined as any person, persons, or entity receiving interpreting services.

(6) An interpreter shall not accept or continue an assignment if the interpreter does not possess the ability, education, training, experience, and qualifications as defined in 20 CSR 2232-3.010(2).

(7) An interpreter shall convey the content and affect of the source message transmitted, in a culturally and linguistically accurate manner, using the language or communication system most readily understood by the consumer.

(A) For the purpose of these rules, message shall mean the auditory or visual information that is to be interpreted into another language or communication system.

(8) An interpreter shall not misrepresent her/his licensure, ability, education, training, educational credentials, or certification as defined in 20 CSR 2232-3.010(2).

(9) The interpreter shall not interject personal opinion during an assignment or on matters pertaining to the assignment.

(10) The interpreter shall safeguard any information obtained relating to an assignment. If an interpreting assignment is an event open to the public, the interpreter may disclose information regarding the location of the assignment and general nature of the event.

(11) When an assignment is not an event open to the public, an interpreter shall not disclose information relating to the assignment to include location, nature of the assignment, or individuals present during the assignment without the written consent of the consumer.

(A) For the purpose of this rule, an interpreter may disclose the general location of an assignment for the purpose of contacting the interpreter, in the event of an emergency. However, the interpreter shall remain responsible for any unauthorized disclosure of information relating to an interpreting assignment.

(B) An interpreter may reveal such information as reasonably necessary to establish a claim or defense in a legal proceeding.

(12) The interpreter shall not accept or continue an assignment when the objectivity or competency of the interpreter is or can reasonably be expected to be impaired because of an emotional, mental, psychological, or substance abuse disorder.

(13) The interpreter shall not accept or continue an assignment if the interpreter's inability to remain neutral affects the interpretation.

(14) The interpreter shall not accept or continue an interpreting assignment when the objectivity or competency of the interpreter is impaired because of the interpreter's familial, sexual, and/or emotional relationship with the consumer or consumer's family.

(15) If the interpreter discovers a need to withdraw from an assignment, the interpreter shall advise the consumer.

(16) An interpreter shall not delegate an assignment to a person who is not qualified or does not possess the appropriate certification, as defined in rule 20 CSR 2232-3.010(2), for the service to be provided.

(17) An interpreter shall not engage in an exploitive relationship with a consumer. For the purposes of these ethical rules of conduct, an exploitive relationship is any relationship between the interpreter and consumer that may take advantage of, or cause harm to, the consumer. Examples of exploitive relationships include, but are not limited to:

(A) Extending or lengthening an assignment for the purpose of financial gain.

(B) Requesting a consumer reset an appointment so that the interpreter can attend another appointment, for the purpose of financial gain.

(C) Suggesting to a consumer that the interpreter has special skills or abilities that make him or her specially suited for an assignment, unless the suggestion is based on fact.

(D) Suggesting to a consumer that another interpreter is not qualified or able to interpret for a particular consumer, deaf person, or in a particular setting, unless the suggestion is based on fact.

(18) An interpreter shall maintain an appearance that does not interfere with the message as defined in 20 CSR 2232-3.010(7)(A).

(19) An interpreter must respond in writing, within thirty (30) days from the date of a written request or inquiry from the committee, mailed to the interpreter's address currently registered with the committee.

(A) A request for an extension of time to respond to the committee's written request or inquiry shall include a good faith explanation of the need for additional time and an estimate of when the response can be expected. Requests shall be granted at the committee's discretion.

(B) If an interpreter cannot disclose relevant information in response to the committee's written request or inquiry, the interpreter shall so state in the timely response Such a response shall fully state the nature of any privilege or privacy right asserted. Any non-privileged or non-private information relevant to the committee's request or inquiry shall be included in the response..

(20) An interpreter shall not practice interpreting as defined in section 209.285(20), RSMo upon the lapse, expiration, suspension, or revocation of a certification.

20 CSR 2232-3.010

AUTHORITY: section 209.328.1, RSMo 2000 and sections 209.285, 209.321, and 209.334, RSMo Supp. 2007.* This rule originally filed as 4 CSR 232-3.010. Original rule filed Feb. 18, 1999, effective July 30, 1999. Amended: Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 6, 2002, effective May 30, 2003. Amended: Filed Sept. 8, 2003, effective March 30, 2004. Amended: Filed March 18, 2005, effective Sept. 30, 2005. Amended: Filed Dec. 1, 2005, effective June 30, 2006. Moved to 20 CSR 2232-3.010, effective Aug. 28, 2006. Amended: Filed July 17, 2006, effective Jan. 30, 2007. Amended: Filed Dec. 14, 2007, effective June 30, 2008.

*Original authority: 209.285, RSMo 1994, amended 2002; 209.321, RSMo 1994, amended 2002, 2004; 209.328, RSMo 1994; and 209.334, RSMo 1994, amended 2002.