N.M. Admin. Code § 16.28.1.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 16.28.1.7 - DEFINITIONS

As used in these regulations, the following words and phrases have the following meanings, unless the context or intent clearly indicates a different meaning:

A.Definitions beginning with "A":

(1)"Accredited" means approved by the:

(a) New England association of schools and colleges;

(b) middle states association of colleges and secondary schools;

(c) north central association of colleges and schools;

(d) northwest association of schools and colleges;

(e) southern association of colleges and schools; or

(f) western association of schools and colleges.

(2)"ACET" refers to the associate continuing education tracking system within registry of interpreters for the deaf (RID).

(3)"Act" means the Signed Language Interpreting Practices Act, Section 61-34-1 through 61-34-17 NMSA 1978.

(4)"Administrator" or "board administrator" means the staff person assigned certain express or implied executive and administrative functions of the board as defined by board regulations or as required to carry out the provisions of the Signed Language Interpreting Practices Act.

(5)"Adult" means all persons 18 years of age or older.

(6)"Annual compliance review" means an annual review conducted by the board ensuring that interpreters holding a provisional signed language interpreting license are in compliance with all requirements established by the statute and rules.

(7)"Applicant" means a person who has completed all educational requirements of the eligibility requirements for licensure and has submitted a complete application to the board. An applicant is seeking approval of their application by the board to advance them to candidacy for licensure.

B.Definitions beginning with "B":

(1)"BEI" means the board for evaluation of interpreters, which is a nationally-recognized testing and certifying body of signed language interpreters.

(2)"Board" means the signed language interpreting practices board.

(3)"Board regulations" or "regulations" means any part adopted by the board pursuant to authority under the act and includes any superseding regulation.

C.Definitions beginning with "C":

(1)"CEU" refers to continuing education unit as is used by the registry of interpreters for the deaf.

(2)"CMP" means the certification maintenance program as is used by the registry of interpreters for the deaf.

(3)"Community signed language interpreter" means an interpreter holding one or more certifications recognized by RID with the exception of educational certificate: K-12 (ED: K-12) and holding a community signed language interpreter's license. A community signed language interpreter's license entitles its holder to provide signed language interpreting services in community, K-12 educational, and post-secondary educational settings as appropriate under the national association of the deaf - registry of interpreters for the deaf (NAD-RID) code of professional conduct.

(4)"Consumer" means a person using the services of a signed language interpreter.

(5)"Confidential communication" means a communication that is not intended to be disclosed to third persons other than those present to further the interest of the person requiring the interpreting.

(6)"Copy signing" means signing verbatim a comment or question for those who are not able to see the original signed message due to a visual obstruction.

D.Definitions beginning with "D":

(1)"Deaf person" means a person who has either no hearing or who has significant hearing loss.

(2)"Deaf-blind person" means a person who has either no hearing or who has significant hearing loss and a significant vision loss.

(3)"Department" means the New Mexico regulation and licensing department.

E.Definitions beginning with "E":

(1)"Educational signed language interpreter" means an interpreter holding the ED: K-12 credential from the registry of interpreters for the deaf or meeting the criteria in Subsection D of 16.28.3.11 NMAC and holding an educational signed language interpreter's license. An educational signed language interpreter's license entitles its holder to provide signed language interpreting services in K-12 educational settings as appropriate under the NAD-RID code of professional conduct and in post-secondary education settings only for consumers currently enrolled in a secondary program and not earning college credit.

(2)"EIPA" refers to the educational interpreter performance assessment, a diagnostic tool that measures proficiency in interpreting for children or young adults in an educational setting.

F.Definitions beginning with "F": "Filed with the board" means hand delivered or postal mail received during normal business hours by the board office in Santa Fe, New Mexico.

G.Definitions beginning with "G": [RESERVED]

H.Definitions beginning with "H": "Hard-of-hearing person" means a person who has either no hearing or who has significant hearing loss.

I.Definitions beginning with "I":

(1)"Intern" means a student in training who is currently enrolled in an interpreter education program, interpreter preparation program, or a program of study in signed language interpreting at an accredited institution of higher learning approved by the board, and actively supervised by an interpreter holding a community or educational signed language interpreter license or a consumer of interpreting services approved by the institution in which the intern is enrolled.

(2)"Interpreter" means a person who practices signed language interpreting.

(3)"Interpreter education program" or "interpreter preparation program" means a post-secondary degree program of at least two year's duration accredited by the state or similar accreditation by another state, district or territory; or a substantially equivalent education program approved by the board.

(4)"Interpreting" means the process of providing accessible communication between deaf, hard of hearing, or deaf-blind persons and hearing persons, including communication between signed language and spoken language and other modalities such as visual, gesture and tactile methods, not to include written communication. A person is interpreting if the person advertises, offers to practice, is employed in a position described as interpreting or holds out to the public or represents in any manner that the person is an interpreter in New Mexico

J.Definitions beginning with "J": [RESERVED]

K.Definitions beginning with "K": [RESERVED]

L.Definitions beginning with "L": "Licensee" means an interpreter who holds a current license issued under the act and these rules.

M.Definitions beginning with "M": [RESERVED]

N.Definitions beginning with "N":

(1)"NAD" means the national association of the deaf.

(2)"New Mexico administrative code" or "NMAC", Section 14-4-7.2 NMSA 1978 is the official compilation of current rules filed by state agencies in accordance with New Mexico statutes.

(3)"New Mexico statutes annotated 1978 or NMSA 1978" is the official compilation of state laws.

O. Definitions beginning with "O": "Open Meetings Act " or "OMA", 10-15-1 through 10-15-4 NMSA 1978 is the statutory provision requiring that public business be conducted in full public view; providing guidelines governing both public and closed meetings, and regulating the notice, agenda and minutes of such meetings.

P.Definitions beginning with "P":

(1)"Properly made application" means a completed application form for a signed language interpreter license filed with the board that is complete in all particulars and appears on its face to satisfy all minimum age, educational, supervision, payment and other requirements for licensure as required by the act and these regulations.

(2)"Provisional signed language interpreter" means an interpreter who holds a provisional signed language interpreter's license. A provisional signed language interpreter's license entitles its holder to provide signed language interpreting services in community and educational settings as appropriate under the NAD-RID code of professional conduct for a maximum of five years while working to satisfy the requirements for a community signed language interpreter's license or an educational signed language interpreter's license.

Q.Definitions beginning with "Q": [RESERVED]

R.Definitions beginning with "R":

(1)"RID" refers to the registry of interpreters for the deaf, which is a national association of signed language interpreters.

(2)"Rule" means board regulations.

S.Definitions beginning with "S":

(1)"State Rules Act" , Sections 14-4-1 through 14-4-11 NMSA 1978, is the statutory provision that ensures that state agencies file with the state records center and archives all rules and regulations including amendments or repeals.

(2)"Statute" means a law that governs conduct within its scope. A bill passed by the legislature becomes a statute; and "statutory authority" means the boundaries of the board's lawful responsibility as laid out by the statute that created it.

(3)"Substantial compliance" means sufficient compliance with the statutes or rules so as to carry out the intent for which the statutes or rules were adopted and in a manner that accomplished the reasonable objective of the statutes or rules.

(4)"Supervised interpreter intern or student" means a person who is currently enrolled in an interpreter education program, interpreter preparation program, or a program of study in signed language interpreting at an accredited institution of higher learning.

T.Definitions beginning with "T": [RESERVED]

U. Definitions beginning with "U": "Uniform Licensing Act" or "ULA", Section 61-1-1 through 61-1-3 NMSA 1978 is the statutory provision that governs the major duties of the board in area of:

(1) procedures which must be followed to accord due process to applicants for licensure and to licensees if the board takes action against the licensee for acts of misconduct that would adversely affect public health, safety and welfare, and

(2) rulemaking procedures that the board shall follow in adopting valid regulations affecting signed language interpreters.

V.Definitions beginning with "V": [RESERVED]

W. Definitions beginning with "W": [RESERVED]

X.Definitions beginning with "X": [RESERVED]

Y.Definitions beginning with "Y": [RESERVED]

Z.Definitions beginning with "Z": [RESERVED]

N.M. Admin. Code § 16.28.1.7

16.28.1.7 NMAC - N, 07/21/09; A, 08/18/11; A, 01/15/14, Amended by New Mexico Register, Volume XXVI, Issue 22, November 30, 2015, eff. 12/16/2015, Amended by New Mexico Register, Volume XXVIII, Issue 10, May 30, 2017, eff. 6/18/2017, Amended by New Mexico Register, Volume XXXII, Issue 05, March 9, 2021, eff. 3/27/2021