Illegal Interpreting

A woman interprets the worship music at a local church. She is an uncertified and unlicensed volunteer communicating the gospel in song. Just before she sits down, government agents from the state arrest her for “Interpreting Without a License.” In another church, a Deaf man stands to preach. He opens the Word of God and starts communicating the Scripture into ASL. Just as he finishes, government agents approach the platform and place him under arrest. The charge? “Interpreting Without a License.” Sounds extreme? If the interpreting laws in the state of Missouri are enforced as they are written, these scenarios might become headlines.

Additionally, law makers and law enforcement will need to examine if churches in Missouri are an unwitting accomplice to illegal interpreting? Many people, including interpreters for the deaf, do not realize the state has decreed, “Interpreting for the deaf is a regulated profession in Missouri.” So says Pamela Groose, Executive Director, State Committee of Interpreters, a state government agency employee responsible for overseeing the regulation and licensing of interpreters.

When Groose says regulated, she’s not kidding. Violating the state interpreting laws is a Class A misdemeanor, and the convicted offender faces up to one year in jail. Groose refers to the Missouri Code of State Regulations (http://www.sos.mo.gov/adrules/csr/current/5csr/5c100-200.pdf) listing many specific events requiring a specific type of certification, and licensing, to interpret in the listed situations.

There are no exceptions or exclusions in the law for churches, church related volunteers or religious content. According to Jennifer J. Thompson, MICS Coordinator, Missouri Commission for the Deaf and Hard of Hearing, “The Skill Level Standards does not specify "church" as a setting.” The implication says churches are included in the regulation.

Thompson continues, “There are many different situations at church, and you would need to make sure you are not putting yourself in a situation that falls under another area in the Skill Level Standards that you may or may not competent to work in.” The Skill Level Standards are found in 5 CSR 100-200.170

Some of the events requiring a licensed and certified interpreter are: (my commentary in parenthesis)

8J1 Any program for the education or rehabilitation of inmates in a correctional system. (no exception for Bible training or religious services)

9D1 Any self-help program relating to health/well-being (no exception for volunteers at a Crisis Pregnancy Center)

10B5 Offices and clinics of counselors (no exception for pastoral counseling)

11A-C Any School program Preschool – Grade 12 (no exception at Christian Schools)

11G1-4 Any Professional Development Conference, Seminar, Workshop or Training (no exception for Bible training delivered by a church to deaf pastors)

11H1 Any program or activity offered by schools, colleges or universities in the community that promotes learning. (no exception for religious programs)

14C3 Public Meeting of Individuals meeting with a public official (no exception for a public official speaking / preaching at a church service)

15A-B Unrehearsed or Rehearsed performances including Theaters, Concerts, Comedy Shows, Magic Shows, “Any type of stage performance” (no exceptions for events as a part of a worship service)

15C1-11 Social Activities including: Festivals, Fairs, Sports Leagues, Recitals, Camps, “Any type of activity for entertainment purposes only” (no exceptions for evangelistic events)

It seems as if a church is offering the counseling, hosting a Bible conference, has a Christian music concert or “Any type of stage performance,” the interpreter must be appropriately licensed and certified. There is no expressed permission given to minister as an interpreter unless the person has current and valid licensing and certification.

Missouri Revised Statutes 209.285(15) defines "Interpreting", as, “the translating of English spoken or written concepts to any necessary specialized vocabulary used by a deaf person or the translating of a deaf person's specialized vocabulary to English spoken or written concepts; provided that a telecommunications operator providing deaf relay service or a person providing operator services for the deaf shall not be considered to be interpreting.”

If the state chooses to enforce the strictest interpretation of this law, a Deaf pastor could be violating the law when “translating” the written English of the Bible into American Sign Language. If a person knows sign language and reads a tract to a deaf person, it could be defined by the state as “interpreting.”

Another interesting twist to this law is found when the interpreting is done as a part of the relay service. According to this statute, a doctor is talking to his deaf patient over the relay service would not constitute interpreting, but “Bo-bo the Clown” would need a certified and licensed interpreter at a deaf party. This is utterly ridiculous!

In addition to those events listed, Groose explained: “If a setting is not described the MICS skill level settings (5 CSR 100-200.170), an interpreter must limit his or her practice to areas of demonstrated competence, as documented by relevant professional education, training, experience and certification. 209.321.3 RSMo.” Pay attention she said, “…as documented by professional education, training, experience AND certification” which requires ALL of the conditions to be met.

Notice, if a specific setting is not mentioned in 5 CSR 100-200.170, an interpreter “must limit their practice” to areas of demonstrated competence as documented by certification. There are no exclusions or exceptions for churches as Groose and Thompson seem to be saying.

Remember the Deaf pastor “interpreting” Bible verses from English into Sign Language? According to the explanation given by Groose and Thompson, the definition of interpreting could include the regulation of a preacher preaching in Sign Language. Under this understanding of the law, preachers preaching in Sign Language would have to be licensed and certified by the State of Missouri as an interpreter.

The views of Groose and Thompson seem to take a narrow interpretation of Title 20 of the Revised Statutes of Missouri, Division 2232, 3.010. Paragraph 4 does not consider a person to be interpreting if “in a casual setting” a person is acting as an interpreter “gratuitously,” or if the interpreting is “incidental to traveling.” Subparagraph A defines a casual setting as, “any event in which the sole purpose of communication is social or family intersection and at which no decision are made with long-term effects of a legal, financial, or medical nature.” (This information is found at: http://www.sos.mo.gov/adrules/csr/current/20csr/20c2232-3.pdf) In reality, spiritual decisions made at a church sponsored event have not just long-term effects, but eternal effects.

This section appears to exclude certain activities from being classified as interpreting, but the church, and religious content, are not specifically mentioned as exclusions. Is the sole purpose of communication in a church considered social? Is a church a “casual setting” where a volunteer is interpreting “gratuitously?” The pastor “interpreting” a passage from an English Bible is “paid” to deliver the sermon. Is this illegal interpreting?

In other states, extremely gifted and skilled, but uncertified and unlicensed interpreters are permitted to interpret. They know certification and licensing does not guarantee competency. There are deaf people in the state of Missouri claiming they have been serviced by certified, licensed and yet incompetent interpreters. Are the laws regulating the profession of interpreting robbing deaf people of greater access to information? Is the state of Missouri preventing deaf people from greater access to the gospel and to the Bible? How can the state regulate a church’s ministry of interpreting for the deaf?

According to Groose, the way to find out if someone is in violation of the state interpreting laws is to turn them in. Groose advises, “If someone believes that a violation of interpreter law is occurring or has occurred, they should file a complaint that and the Committee will investigate. After the facts are established by the investigation, the Committee will carefully consider all of the circumstances in determining how to proceed.” Is this how we determine the illegalities of an action?

According to information gathered from Gallaudet University, Missouri is currently (2008) home to approximately 13,438 deaf people or .23% of our total population. Most of these deaf people communicate with some form of Sign Language. That would make Sign Language the fourth most used foreign language in the state right behind Spanish (1.16%), German (.63%), and French (.39%). Of all the foreign languages in the state, Sign Language is the only one requiring licensing and certification.

If you live in Missouri, please write your state legislator and do what you can to change the interpreting laws and free the deaf population. Write letters and make your voice known or it won’t be long until it will be illegal to evangelize the deaf residents of Missouri with the gospel.

If you do not live in Missouri, check your state laws and examine how they are written. Are only “certified” interpreters available for deaf people, or are deaf people allowed the freedom to also choose qualified interpreters? Be aware of what is happening or the Deaf Christian may become an “endangered species.”

Disclaimer: I am not a lawyer nor am I attempting to act as a lawyer. This article does not attempt to interpret law. I am explaining the content of emails sent to me and I am asking questions about unclear information. Should you need any legal advice, or legal comment, please consult a lawyer. No legal decision should be based solely on the content of this article.

The above article was written as a collection of information available from the internet and personal emails between Angela Graves, Jennifer J. Thompson, Pamela Groose, and Gov. Matt Blunt’s office. I have the originals available. If you would like to see a copy of the original emails just send me a request through my email or by leaving a comment. I have had no further communication from anyone in government changing any of this information.