201 KAR 39:120. Code of ethics.

 

      RELATES TO: KRS 309.304(3), 309.318(1)(e), (f)

      STATUTORY AUTHORITY: KRS 309.304(3), 309.318(1)(f)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.318(1)(e) and (f) authorizes the board to take disciplinary action against a licensee who violates any state statute or administrative regulation governing the practice of interpreting or violates the code of ethics, known as the Professional Code of Conduct of the licensee's national certifying organization or organizations. This administrative regulation establishes the code of ethics in accordance with KRS 309.318(1)(f).

 

      Section 1. A license shall abide by the following standards of professional and ethical conduct:

      (1) A licensee shall keep all assignment-related information strictly confidential. From the moment of accepting the assignment, the interpreter holds a trustworthy relationship with the consumer, in which the interpreter is bound to confidentiality.

      (a) All information obtained from the interpreter service shall be considered confidential. This applies whether the interpreter accepts or declines the assignment.

      (b) All information about a consumer that is received from other interpreters shall be considered confidential and shall be exchanged in a manner which protects both the consumer and the assignment.

      (c) The interpreter shall comply with the requirements of KRS 620.030 by reporting to the proper authorities the dependency, neglect, or abuse of a child if the interpreter reasonably believes that the dependency, neglect, or abuse of a child is ongoing or has occurred.

      (2) A licensee shall faithfully convey the content and spirit of the speaker using language most readily understood by the persons whom they serve. Every interpretation shall be faithful to the message of the source text. A faithful interpretation should not be confused with a literal interpretation. The fidelity of an interpretation includes an adaptation to make the form, the tone, and the deeper meaning of the source text felt in the target language and culture.

      (3) A licensee shall possess the knowledge and skills to support accurate and appropriate interpretation. A licensee works in a variety of settings and with a wide range of consumers and therefore shall be adept at meeting the linguistic needs of consumers, the cultural dynamics of each situation, and the spirit and content of the discourse.

      (4) A licensee shall not counsel, advise or interject personal opinions.

      (a) An interpreter shall remain neutral, impartial, and objective. If the interpreter finds himself or herself unable to put aside personal biases or reactions which threaten impartiality, the interpreter is under an obligation to examine options and take actions to remedy the situation.

      (b) An interpreter shall refrain from altering a message for political, religious, moral, or philosophical reasons, or for any other biased or subjective considerations.

      (c) The interpreter shall advise the consumer that he or she assumes a position of neutrality in the relationship between all parties during an interpreting assignment. The interpreter shall not become personally involved in regards to the issues or persons present at the interpreting assignment.

      (5) A licensee shall accept assignments using discretion with regard to skill, setting, and the consumers involved.

      (a) An interpreter shall recognize the need for a deaf interpreter and advocate his or her participation as part of the interpreting team. A deaf interpreter may be necessary if working with individuals who use regional sign dialects, nonstandard signs, foreign sign languages, and those with emerging language use.

      (b) An interpreter shall generally refrain from providing services in situations where family members, personal or business associations may affect impartiality. In an emergency situation, an interpreter may provide services for family members, friends or business associates. In those situations, the interpreter shall guard against allowing his or her personal involvement to affect his or her ability to interpret impartially. If the interpreter finds that he or she can no longer be impartial, the interpreter shall inform the parties involved and may assist in finding another interpreter.

      (6) Prior to accepting an engagement for services, a licensee shall advise the party responsible for payment of the services to be provided of the amount of compensation to be charged for the services.

      (7) A licensee shall not advertise his or her services in a false, deceptive or misleading manner.

      (8) A licensee shall function in a manner appropriate to the situation. An interpreter shall attempt to become familiar with the anticipated discussion topic, type of activity, level of formality, expected behaviors, and possible presentational materials prior to commencement of the assignment.

      (9) Each licensee shall strictly adhere to the parameters set forth by RID specific to the certification or certifications awarded which address appropriate conduct for a particular situation and setting.

 

      Section 2. In addition to the standards delineated in Section 1 of this administrative regulation, a licensee shall abide by the code of ethics or code of professional conduct for his or her respective certification or certifications. (28 Ky.R. 1268; Am. 1612; eff. 1-14-2002; 38 Ky.R. 1656; 1851; eff. 6-1-2012.)