When does the law go into effect?
January 1, 2025.
NOTE: The Board voted on a 12-month grace period to allow ASL/English interpreters to get licensed. All ASL/English interpreters must be licensed by January 1, 2026.
Why was this law created and who created it?
Maryland was one of the very few states with non-existent requirements for being an interpreter. For many years, there have been complaints regarding unqualified and fraudulent interpreters that have greatly affected consumers' access, livelihoods, and even lives. This law emerged from joint efforts of at least 15 different organizations over the past 12 years.
Won't this law cause interpreter shortages?
The nation has already faced an interpreter shortage for many years, which was exacerbated by the pandemic and VRS/VRI. Even so, as demonstrated in other states, the law may create a shortage initially but will eventually decrease. We are also working with programs and organizations to provide resources for certification.
How does an interpreter working less than 80 hours annually prove their hours?
Interpreters are required to self-report. The details on how to report will be provided by ODHH. Reporting will occur through their web portal.
Are the 80 hours work hours or billable hours?
The 80 hours are based on working hours, NOT billable hours. They are rounded to the quarter-minute increment (.25, .5, .75, 1)
How will you enforce/monitor interpreters without a license that are working less than 80 hours? Are you relying on the honor system?
The guidelines for enforcing and monitoring interpreters working less than 80 hours are still being determined by the Board, ODHH, and the AAG offices.
For interpreters that may live in DC/MD or other states and do video interpreting, how would interpreters know where the Deaf client is physically during an assignment?
This is for the businesses (through direct hire) and/or agencies to oversee, since they are the ones working with the contracts. You can double-check by confirming with the agency or business before accepting an assignment.
What does "doing business in Maryland" mean?
"Doing business in Maryland" means where the consumer is AND where the business/agency is.
For example: If a government employee works for an agency that resides in Maryland, but the employee lives in another state, then the interpreter must be licensed (regardless of where anyone else on the call is from).
If a consumer is seeking services within the state of Maryland: i.e. hospital, business, etc., then the interpreter must be licensed.
Since RID runs on a 4-year cycle and certified interpreters are in a different part of their cycle any given year, will the Maryland Interpreter license requirements run in alignment with RID or their state license?
CEU requirements will align with their license issuance date.
Do the license requirements and fees apply to both hearing and Deaf interpreters/business owners?
Yes. Anyone providing ASL/English interpreting services must be licensed.
I live in Virginia/DC/other state close to Maryland? Do I still have be to licensed?
Regardless of where you reside or where your agency is located, any interpreting work performed in the state of Maryland requires licensure. All agencies - including VRI agencies - doing business in Maryland must commit to providing licensed interpreters.
Does this law apply to VRS?
Video Relay Services (VRS) are exempt from this law.
I volunteer as an interpreter at church and do not get paid. Does this require licensure?
No. Volunteers are exempt from this law. However, working interpreters - especially if paid in any form - are required to abide by the regulations.
Is there a plan to add more testing sites for the CASLI exam in the State? Currently, there is only one location, and the influx of testing site requests potentially delays interpreters' ability to take the CASLI performance exam.
As of right now, we are unsure of any plans to add CASLI performance testing sites. Since testing sites are established between locations and CASLI, GODHH or the SBSLI cannot institute more testing sites. However, we do hope to see more site options.
What is an interpreter is certified in another country. WIll reciprocity be considered in this case?
No. The board is not allowing any reciprocity.
Who is keeping RID/CASLI accountable for their results timeline?
The state cannot hold CASLI accountable. However, we do know that CASLI is on a two (2) month response rate.
There is concern about the shortage of interpreters due to the financial aspect. Was there any consideration to waive (grandfather clause) and welcome those who have been in the field for many of years but do not possess the required credentials?
The board is looking into other ways for interpreters to become licensed, but 'grandfathering in' interpreters will not exist. Working for 'X' number of years does not guarantee qualified services.
The Board is planning to submit a "technical change" in the 2025/2026 legislative session to allow for "Other criteria developed by the Board" in order to have alternative methods to become licensed.
What are the requirements for the General provisional license?
Be 18 years or older
Have a high school diploma or a certificate of high school equivalence, or courses from an accredited college or university
Obtain a passing score on the knowledge and ethics written exam from a national or regional certifying entity
What is the timeline for the law to become effective? When do interpreters need to be licensed?
The law becomes effective January 1, 2025. However, the Board voted to write in a 12-month grace period in the Regulations to allow interpreters to become licensed. This means that any working ASL/English interpreter must possess a license starting on January 1, 2026.
Are there any areas that an interpreter who holds a General Provisional license cannot work?
Yes - Legal, medical (unless accompanied with a licensed interpreter), educational, mental/behavioral health (unless accompanied with a licensed interpreter)
What certifications does the general license allow/require?
The general license accepts NAD level IV and above, any RID certification (except for Ed:K-12), and BEI. **Please note: These requirements may change in the future based on any new certifications that may be created and verified that their assessments meet the desired outcomes of this law.
Are there any exceptions for people who have been interpreting for a long time, or let their certifications lapse?
The Board is currently looking into options that will allow interpreters who have been interpreting for a long time to become licensed. However, those who simply allowed their certifications to lapse will need to earn their certifications in order to become licensed.
Is it possible to interpret in a different state with licensure from MD?
Possibly. It will depend on the state's requirements and regulations.
How can Deaf interpreters get certified other than CASLI?
BEI system also offers certification for Deaf interpreters called the Intermediary certification. That will satisfy MD state license requirements just like the CDI from RID.
What is the cost for a provisional general & educational license?
Initial application for a three (3) year provisional license: $300.00
Renewal for a two (2) year provisional license (only able to renew once): $150.00
What is the cost of a General license?
Initial application for general community (non-provisional): $150.00
Renewal application for general community (non-provisional): $100.00
*** Interpreters must renew annually in order to keep their license active.
Is there a fee to reactivate my license? If so, how much does it cost?
Yes - you can reactivate your license. The cost to reactivate your license is: $150.00
What is the cost for an agency to apply?
Initial application for an agency: $250.00
Renewal application for general community (non-provisional): $200.00
Fees are directly handled by the State Comptroller office and overseen by the Director of GODHH.
Expenses will be used to help fulfill the following:
The development of programs that will assist in the licensure of marginalized interpreters, including black, Indigenous, or persons of color (BIPOC); heritage signers; and deaf individuals.
The development of mentorship programs for individuals who provide sign language interpretation services, and
Applicants experiencing financial hardship in the payment of licensing fees.
If a Maryland interpreter is already licensed in another state(s) is there reciprocity within the state of Maryland, will Maryland recognize existing licenses from other states?
The board does not have any reciprocity established at this time.
If an interpreter is freelancing via an agency or as a school employee, is license still required?
Licenses are still required regardless of who you are working for.
What are the requirements for the Educational Provisional license?
Be 18 years or older and;
Have a high school diploma or a certificate of high school equivalence, or courses from an accredited college or university and;
Have RID ED:K-12 or;
Pass the EIPA written exam and obtain a minimum score of 3.7 on the EIPA for either the:
PSE-ASL assessment; or
ASL-PSE assessment.
How recent must the EIPA Written exam be taken in order to apply for the Educational provisional license?
The EIPA written doesn't expire. If you have taken the test and passed, you DO NOT need to take it again.
Are there areas in which a Provisional Educational interpreter cannot work?
YES. Anywhere that is not an Educational setting.
The educational setting is defined as: "Educational programs or services by a public, state-funded, or nonpublic school means any setting birth through secondary education."
Does the Provisional Educational License apply to both K-12 and post-secondary?
No. The education license ONLY applies to birth through 12th grade (age 21).
Will educational interpreters be required to hold a BA/BS degree?
No. The only educational requirements at this time are a High School diploma or equivalent.
Why were educational requirements removed? This could be detrimental to our children.
The Educational workgroup and the Board determined that a score of 3.7 or higher on an assessment that specifically looks at educational settings met the needs to ensure accurate and effective interpretation in our educational setting.
Please note: The educational requirement was NOT removed due to a concern of interpreter shortage.
What requirements must an interpreter who holds a Provisional Educational license provide to renew their license?
An individual must earn 2.0 continuing education units (20 hours) of study in educational interpreting to renew
Of the 2.0 CEUs, 1 (10 hours) must be in Power, Privilege, and Oppression (PPO) studies, including deaf culture, deaf awareness, and diversity in education.
It is unclear what jobs fall into which category. For example, after-school activities, high-school plays, parent-teacher conferences, interpreting for Adult Deaf staff members, high school graduations, and IEP meetings. These jobs have been staffed by educational interpreters and it's not clear if they will fall under education or community (or legal in the case of IEP meetings).
Those individuals who only possess an Educational license can interpret in an educational setting (birth through 12th grade that applies to the child). They can also interpret in any non-academic event (after-school activities, IEP - IF FOR THE STUDENT SPECIFICALLY). An individual who holds BOTH a General and Educational license can interpret in any environment regardless of academic or non-academic status.
An Educational license does not cover Adults in the school systems or adults engaged in the school systems.
Since the board has chosen to remove the degree requirements for educational interpreters, it is now much harder for educational interpreters to advocate for a pay increase. A degree and a license advances the cause for a pay increase. Those who have degrees and/or certifications still are not receiving increased pay; It's what the school regulates.
This change does not restrict an interpreter from obtaining an educational degree, which they can use to advocate for a pay increase. Pay for educational interpreters is out of the hands of the Board. As long as interpreters continue to accept work at that pay level, the school system does not have pressure to increase pay.
It is important to note that the removal of the educational requirements was a request from the community, but more specifically the Educational Interpreter community.
When will the portal be ready to start applying?
The portal will become active to start applying for licenses once the final approval and publishing of the regulations. This is AFTER the "open comment period".
How can an interpreter submit an application?
Applications may be submitted online via the new web portal, by mail, or in person at the GODHH office.
Will there be a registry?
Yes, GODHH will maintain a public registry like other licensed professions. The format will be similar to other registries, such as the one maintained by the Registry of Interpreters for the Deaf.
What will the investigation process for complaints entail? How will someone be determined innocent or guilty?
Once a grievance has been submitted, GODHH will review the grievance to ensure all required documentation is provided. Once they confirm the grievance documentation is complete, they forward the grievance to the Office of Administrative Hearings (OAH).
OAH will review the grievance and then the Administrative Law Judge shall submit in writing to the Board proposed findings of fact, proposed conclusions of law, and recommendations. The administrative Law Judge shall distribute the written proposed decision to the parties.
A party objecting to the Administrative Law Judge's proposed decision may file exceptions with the Board within 15 calendar days of the date of the decision, and:
The part filing exceptions shall ensure that a copy of the exceptions is provided to the opposing party;
An opposing party may respond to the exceptions within 15 calendar days of the date of the exceptions;
All parties shall have an opportunity for oral argument before the Board before a final decision is made;
The Board shall limit oral argument to 15 minutes per side;
The Board may refuse to consider facts that the party could have produced at the hearing; and
The Board may abrogate, change, or modify the original decision, or remand the case to the Office of Administrative Hearings.
Will the board be required to get special training in adjudication to facilitate its duties in determining violations, and commensurate penalties?
Please see grievance process.
Is there a list of what constitutes a violation of the law with corresponding disciplinary measures?
The actions listed in §A of this regulation may be imposed if an applicant or a licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant, licensee, or another individual;
(2) Fraudulently or deceptively uses a license;
(3) Provides sign language interpretation services after the expiration of a license or outside the scope of the license;
(4) Is deemed legally incompetent to provide sign language services;
(5) Engages in dishonest, unethical, immoral, or unprofessional conduct as defined in the RID-NAD Code of Professional Conduct or its successor;
(6) Uses alcohol or drugs before or during a sign language interpreting assignment, to the extent of being unfit to provide sign language interpretation services;
(7) Is the subject of disciplinary or other administrative action taken against the individual’s certification or license to provide sign language interpretation services in another state; or
(8) Violates any provision of the State Government Article, §§9-2410—9-2435, Annotated Code of Maryland, or any regulation in this chapter.
Will complainants be allowed to remain anonymous?
No. An investigation cannot be done without interviewing or collecting information from the complainant.
Will interpreters have to wait at least 3 months while an investigation takes place resulting in lost work and wages?
NO. An interpreter's license is not automatically suspended upon a grievance being filed. The interpreter is granted due process.
Do other licensed professionals in the state have similar grievance processes?
Yes. All Maryland State Licensing Boards have the same grievance process.
How will interpreters know if they are accepting work through non-licensed businesses and, if they do, are there repercussions from accepting work from a non-licensed agency?
There will be no penalty to the interpreter who works for a non-licensed agency/business. The agency/business would be penalized. We do ask that if interpreters become aware of an agency operating without a license they let GODHH know.
I thought RID was managing the consequences of not abiding to the Code of Professional Conduct (CPC). Why does Maryland need to have this process as well?
The Board is aware that RID has a grievance process, however, not all interpreters are bound by RID (EIPA or BEI certified). There are also regulations in our law that RID doesn't have oversight on.
There are concerns about the grievances and adjudication process. Who will be overseeing that? Will the team overseeing these issues be a diverse board including more BIPOC adjudicators?
Any individual who has a grievance filed against them is permitted to appeal the Board's decision to the Office of Administrative Hearings. OAH will conduct its investigation and guide the Board on its findings and suggested actions. The State Board has final authority on all decisions. (Please note: This is a state requirement/process, not a Board-decided process.)
What/Who is considered an agency in the state?
Any agency that is hiring or contracting with interpreters to provide interpreting services.
Who must get an agency/business license?
Anyone with a registered business in Maryland OR anyone providing interpreting services in Maryland.
Anyone with an LLC, S Corp, C Corp, or Incorporated must have a license. Those who have an LLC, but DO NOT contract anyone to provide services do not need to register as an agency.
Do organizations such as hospitals with staff ASL Interpreters need to register as an Agency/Business if they provide licensed interpreters to their customers/patients?
Yes and No. If the hospital has a separate interpreting branch that schedules services apart from the hospital, they would need an agency license.
For example: Gallaudet University uses and hires interpreters for classes, meetings, etc. - they do not need to have an license. However, Gallaudet Interpreting Services (GIS) operates outside of Gallaudet University and would need to hold an agency license.
What does "proof of good standing with the State" mean?
The state of Maryland has a business registry and states whether the business is in good standing or not. The Board follows the state's identification or "good standing."
Running a business costs a lot of money including ownership operations in the state, taxes, etc. Why do agencies/businesses need to also pay to conduct business if we are already considered "in good standing" within the state?
Similar to other professions providing services in the state, a license is required to provide services. This is to ensure the accountability of agencies. Agency license came from a direct request from both the interpreting and consumer communities regarding concerns about holding agencies accountable.
Technically, as an LLC, we don't employ interpreters. They are considered 1099 contractors. Hiring interpreters on staff, etc., means we allow the government to take taxes out of their payments.
Correct - 1099 individuals are considered contractors and not "hired" by an LLC. However, if you are contracting with an interpreter to provide services to someone else and issue a 1099 or should issue a 1099, then you would be considered an Agency and, thus, required to hold an Agency License.
Who will be keeping these agencies accountable?
ODHH would handle this. They will have the oversight of licenses, agencies, & interpreters working with or without licenses.
How often should interpreters check the website registry to ensure an agency is licensed under the state? Should an agency NOT renew its license, how would we, as interpreters, know that unless we check before every assignment?
It would be advisable to check the agency status when you first contract with them. Under the registry, you will be able to see their license expiration date. I would make this down and set up a reminder to verify annually.
Last-minute announcements/notifications of meetings limit true community engagement because there is little time to plan ahead to attend.
The Board's regularly scheduled meetings are established several months out, and all dates and times are posted on GODHH's website under the "State Board of Sign Language Interpreters" tab on the left-hand side of the webpage. The Board is only required to meet at least once each quarter.
Note: The law states, "The Board may call special meetings at the request of: (I) The Chair; (II) The Director; or (III) A majority of the members of the Board.
The Board recognizes that last-minute meetings are not ideal, there are time-sensitive reasons a meeting may be called.
How long is public comment open for?
Once the regulations have been reviewed by AELR and DSD, they will be officially published, and, public comment officially starts. The community has thirty (30) days to submit questions, comments, and any concerns to the GODHH and the Board.
How is information dispensed to the community? It seems information is being shared in various ways.
GODHH is required to post all Board information (i.e. Board meeting dates/times, agendas, create and host the virtual meeting - also publish the meeting link, record Board meetings, and either post or live stream to YouTube, etc.). The Board works closely with GODHH to ensure all Licensure & Board-related information is posted on their website. This process is not housed directly within GODHH, thus there will be slight delays.
The Board has no control over information shared outside of the formal process; such as personal social media pages and word of mouth.
How are board members appointed?
Board members are appointed by the Maryland Governor. All board members submit applications via the Office of Appointments and are vetted via comprehensive background checks, location verification, and other steps. Based on GODHH's recommendations, careful consideration is also given to diversity and board representation among board members.
Who is responsible for providing out-of-state interpreters with information on reporting hours upon accepting assignments in Maryland?
The agencies that hired them to work would be required to provide these instructions.
The short answers are: (1) the Maryland licensing requirements will generally apply on federal property unless a federal agency raises a jurisdiction issue, and (2) the Maryland licensing requirements will exceed federal requirements for interpreters, which is permissible.
**The long answer is:
Do state licensing requirements apply on federal property?
It depends. “Questions concerning the respective rights of the State and federal governments in lands acquired and being used by the United States are extremely complex.” 63 Op. Att’y Gen. 332, 332 (1971). This is because the federal government sometimes “has with respect to such properties a special jurisdiction which excludes, in varying degrees, the jurisdiction of the State over them,” but in other instances the federal government’s jurisdiction can be “concurrent with that of the State.” Report of the Interdepartmental Committee for the Study of Jurisdiction over Federal Areas Within the States 2 (June 1957).
The federal government has jurisdiction over property acquired under the Enclave Clause in Art. I, section 8, clause 17, of the U.S. Constitution, which grants to Congress the power to “exercise exclusive Legislation” over property ceded by a State. See 103 Op. Att’y Gen. 49 (2018) (discussing the development of this area of the law and the 1943 amendment to Maryland’s consent statute which reserved concurrent jurisdiction).
The same opinion discusses exceptions to the federal government’s exclusive jurisdiction. They include, possibly relevant to this situation, (1) congressional authorization, (2) the doctrine of “Friction, Not Fiction,” and (3) federal retrocession of jurisdiction. Id.
I think the resolution of this question first depends on how the federal government has acquired the property in Maryland. The federal government owns a number of lands in Maryland, including the Aberdeen Proving Grounds, Patuxent Wildlife Research Refuge, Blackwater National Wildlife Refuge, Andrews Air Force Base, Fort Meade, Fort Detrick, Catoctin Mountain Park, etc. I have not looked into when and how these lands were acquired. These lands which were acquired before Maryland amended its consent statute in 1943 may be outside of Maryland’s jurisdiction.
Second, there is an argument that Maryland’s licensing requirements apply on federal property under the “Friction, Not Fiction” exception because there would be “no interference with the jurisdiction asserted by the Federal Government.” Howard v. Commissioners of Sinking Fund of City of Louisville, 344 U.S. 624, 627 (1953).
With the foregoing in mind, it may be most straightforward to say Maryland licensing requirements generally apply on federal property. If a federal agency disagrees, they will need to assert how the licensing requirements interfere with their jurisdiction.
Does the state licensing requirements meet federal requirements, e.g. federal education requirements, ADA, etc.
Yes. Generally, federal law only sets the “floor” that State law can build on. “Federal law does not set the outer bounds of a state’s authority unless the federal law preempts state law or state law explicitly limits itself to the bounds of federal law.” Maryland Small MS4 Coalition v. Maryland Department of the Environment, 479 Md. 1 (2022) (McDonald, J., concurring). No federal court has held that federal requirements for interpreters preempt State law.
The “floor” that federal law sets for interpreters is very low. The ADA and IDEA require interpreters if they are necessary for “effective communication.” See 45 CFR § 92.102. “Qualified interpreter” is defined as an interpreter who “is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.” 28 CFR § 35.104. In some situations, during an IEP meeting, a student or their family may request an interpreter with more qualifications. Employees could request an interpreter with more qualifications in certain settings if it would be a reasonable accommodation.
Interestingly, the Office of English Language Acquisition is requesting information for the Department of Education to discover what practices are being used to recruit, hire, train, and retain interpreters within educational settings. There may be additional requirements on the federal level in the future. https://www.federalregister.gov/documents/2023/02/08/2023-02612/request-for-information-regarding-interpreters-and-translators-in-education
Since the draft regulations are seeking to require interpreters in Maryland to gain training and certification, I think they would far exceed the current federal requirements. I do not foresee issues in meeting federal requirements.
How will the application fees be used?
What about a business/LLC that is registered in another state? Would they be maintaining the LLC in their registered state, as well as paying for the right to operate as a business in MD?
Yes. Any entity operating and providing in the state is required to hold a license in the state of Maryland in order to conduct business.