Kansas Statutes 75-5393b. Unlawful acts related to interpreting; exceptions; civil actions
Terms Used In Kansas Statutes 75-5393b
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Except as provided in subsection (c), it shall be unlawful for any person who is not registered with the commission, or whose registration has been suspended or revoked, to:
(1) Practice as an interpreter;
(2) hold out to the public the intention, authority or skill to interpret;
(3) provide video remote interpreting services; or
(4) use any title or abbreviation to indicate the person is an interpreter registered with the commission.
(b) Except as provided in subsection (c), it shall be unlawful to:
(1) Cause or permit a person to interpret in Kansas, either in-person or remotely, with knowledge that such person is not a registered interpreter;
(2) represent that a person is a registered interpreter, when the entity knows or reasonably should know that such person is not a registered interpreter;
(3) hold out to the public, on behalf of a person, the intention, skill or authority to interpret, when the entity knows or reasonably should know that such person is not a registered interpreter; or
(4) accept payment for securing an interpreter under the provisions of Kan. Stat. Ann. §§ 75-4355a through 75-4355d, and amendments thereto, when the person provided by the entity to interpret is not a registered interpreter.
(c) This section shall not apply to a person:
(1) Interpreting during a religious event;
(2) interpreting as a volunteer without compensation after receiving approval from the commission or the executive director;
(3) interpreting during an emergency, until the services of a registered interpreter can be obtained; or
(4) a student who is enrolled in and pursuing a degree or credential in interpreting or an interpreter training program or a provisional interpreter with a supervision plan overseen by the commission, while such student or provisional interpreter is under the supervision of a registered interpreter.
(d) When it appears to the commission that any person or entity is violating this section, the commission may bring an action in the name of the state of Kansas in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the commission or whether criminal proceedings have been or may be instituted.