Hhs.texas.gov



Advisory Board for the Board for Evaluation of InterpretersBylawsName and Legal AuthorityThe Advisory Board (“Advisory Board”) for the Board for Evaluation of Interpreters is established under Human Resources Code, Chapter 81, §81.007(b), and governed by Texas Government Code Chapter 2110 (State Agency Advisory Committees).Texas Government Code § 2110.008 (Duration of Advisory Committees) applies to the Advisory Board. Title 40 of the Texas Administrative Code?§101.609 states this advisory board “will continue to exist as long as the BEI certification program for which it serves as an advisory body continues to exist and the board is authorized by state law.”Purpose and RoleThe purpose of the Advisory Board is to advise the Health and Human Services Commission in administering the BEI program on matters as described below:The administration of the statewide sign language interpreter certification program, including assisting Office of Deaf and Hard of Hearing Services with the evaluation and certification of sign language interpreters for Texans who are deaf and hard of hearing;Developing, subject to ODHHS's approval, qualifications for each of several levels of certification based on proficiency;Reviewing complaints, as identified by ODHHS, filed against BEI-certified interpreters and providing recommendations on revoking or suspending a certificate or placing a certificate-holder on probation for a violation of a statute, rule, or departmental policy;Providing expert consultation and feedback to ODHHS on local, state, and national trends in the interpreting profession; andServing as BEI ambassadors to direct the public, interested consumers, and future interpreters to ODHHS.The Advisory Board submits recommendations as described below:Reviewing rules and policies as proposed by HHSC and making recommendations for adoption;Reviewing certification levels and making recommendations on the appropriateness of various scenarios for each certification level;Reviewing complaints and making recommendations on whether ODHHS should propose disciplinary actions; andSupporting the recruitment efforts of ODHHS towards filling the state-wide shortage of qualified and certified interpreters.DefinitionsAdvanced certificate - A certificate issued by HHSC to a person who has passed a written test of English proficiency and a skills evaluation ensuring a minimum competency standard to interpret in a variety of complex settings, such as routine medical, social service, K-12 and higher education, routine mental health, and routine quasi-legal.ASL - American Sign Language- A natural language that serves as the predominant sign language of Deaf communities in the United States.BEI - Board for Evaluation of InterpretersBEI “Advisory Board” - The seven-person advisory board appointed by the HHS Executive Commissioner to assist in administering the Interpreter Certification Program (also known as BEI).BEI Certification Program - The Interpreter Certification Program that establishes qualifications for each of several levels of certification based on proficiency.HHSC - The Texas Health and Human Services Commission that houses the Office of Deaf and Hard of Hearing Services.High Level of Integrity - For purposes of these bylaws, this means that the member is honest and behaves in a morally upright way, at a level above a normal or average level, such that the public’s trust in the member is warranted. A high level of integrity includes disclosing conflicts of interest as required by HHS policy and these bylaws.Intermediary-Level III certificate - A certificate issued by HHSC to a person who is deaf or hard of hearing who has passed a skills evaluation certifying that the person possesses the ability to interpret for a wide range of communication styles, which may include, but not limited to non-standard signs/gestures, limited communication skills, characteristics of Deaf Culture that may not be familiar to hearing interpreters, deaf-blind, minimal language skills, and indigenous communication.Intermediary-Level V certificate - A certificate issued by HHSC to a person who is deaf or hard of hearing who has passed a skills evaluation certifying that the person possesses the ability to interpret in a variety of settings and situations requiring extensive knowledge and training in specialized fields including, but not limited to mental health/psychiatric, medical/surgical, court/legal and matters involving juveniles, demonstrates near flawless skills in interpreting for a wide range of communication styles, which can include, but not limited to non-standard signs/gestures, limited communication skills, characteristics of Deaf Culture that may not be familiar to hearing interpreters, deaf-blind, minimal language skills, and indigenous communication.Master certificate - A certificate issued by HHSC to a person who has passed a written test of English proficiency and a skills evaluation ensuring a minimum competency standard to interpret in a variety of highly complex settings, such as medical, mental health, quasi-legal, and educational settings.ODHHS - Office of Deaf and Hard of Hearing Services - The HHSC office that oversees the BEI Certification Program and supports the Advisory Board.Advisory Board CompositionThe Advisory Board is composed of seven members appointed by the HHS Executive Commissioner as described in Human Resources Code, Section 81.007 (b).All members must reside in Texas and must meet one of the following categories: A member who is deaf, a consumer of interpreting services, and demonstrates knowledge of the field of interpreting and linguistics, and has a unique understanding for the demographics and dynamics of Texas' Deaf Community;A member who is deaf and holds a valid BEI Intermediary - Level III certificate, Intermediary - Level V certificate, or a BEI Certified Deaf Interpreter certificate;A member who is hearing, and holds a valid BEI Advanced or Master certificate; orA member who has actively engaged in the profession of interpreting for at least three of the immediate past five years.There must be at least one two members from category “A” and at least one member from each of the remaining above categories listed above.To the greatest extent possible, the HHS Executive Commissioner appoints members who reflect the diversity of Texas. Professional applicants for Advisory Board membership are required to submit a five-minute video clip in ASL and a resumé listing relevant personal and professional experience and achievements, including current licensures and activities that highlight potential contributions the applicant could make to the Advisory Board. Member TermsAll members will serve a term of three years, except when appointed to complete the remaining unexpired term of an outgoing member, to allow for alternating term expirations, or pending appointment of a replacement member. Initial terms were staggered over several years to ensure continuity of Advisory Board work so that the terms of one-third of the members expire on August 31st of each year. Regardless of the term limit, a member serves until his or her replacement has been appointed. This ensures sufficient, appropriate representation.Resignations and VacanciesIf any member of the Advisory Board wishes to resign, the member will contact, in writing or video, the current Chair and Advisory Board Liaison requesting the appointment of a successor member.In the event of a vacancy for any reason, HHSC staff will work with the HHS Executive Commissioner to solicit applications, as appropriate, to fill the vacancy with a representative of the same membership category to serve the unexpired portion of the term of the vacant position. Persons who submitted applications within the previous year through HHSC may be reconsidered for membership. Presiding Chair and Vice-ChairThe Chair is elected by the Advisory Board members and will serve a term of two years. The Chair will serve no more than two consecutive terms. In the event that the Chair is unable to complete his or her term for any reason, a new chair will be elected by members. Members will elect a Vice-Chair to serve in the Chair’s temporary absence. The Vice-Chair will serve no more than two consecutive terms. The role of the Chair, and Vice-Chair when serving as Chair, is to:Report to HHSC;Participate in agenda planning and preparation for Advisory Board meetings;Provide leadership in conducting Advisory Board meetings;Promote, maintain, and encourage a participatory environment;Identify the need for, and work with Advisory Board Liaison to call meetings as needed to accomplish the work of the Advisory Board;Ensure the Advisory Board adheres to its charge; Call for the establishment of subcommittees (if applicable and with approval of agency staff); andConfer with ODHHS staff to acquire the support needed for Advisory Board operations.Advisory Board Operations and MeetingsMeetingsThe Advisory Board meets during regular business hours at the call of the Chair, at least quarterly by agreement of ODHHS staff. The Advisory Board is subject to Texas Government Code Chapter 551 (the Texas Open Meetings Act).QuorumFour members constitutes a quorum for the purpose of transacting official business. If less than a quorum of the Advisory Board is present, members may not vote upon action items but may take testimony and public comments so long as the meeting is being conducted in accordance with the Texas Open Meetings Act.VotingMembers have the right to vote on any subject that is listed on the agenda. However, members must abstain from deliberating or voting on issues that would provide monetary or other gain to the member, or the member’s family, or that could present, or reasonably appear to present, a conflict of interest.The Advisory Board may determine procedural matters by majority vote of the members attending the meeting, or may use Robert's Rules of Order as a guide to its operations and proceedings.A member may participate and vote by telephone conference as deemed necessary by agency staff.A member may not authorize another individual to represent the member by proxy.For all business except adopting or amending bylaws, a simple majority is needed. (A simple majority is defined as more than half of the votes cast by persons entitled to vote who are in attendance with a quorum, excluding abstentions.)Adoption and Revision to BylawsBylaws will be adopted and amended pursuant to a two-thirds vote of members attending the meeting on a motion duly made and seconded.Advisory Board members or ODHHS staff may propose changes to these bylaws. All proposed changes from Advisory Board members, along with the rationale for the changes, should be submitted in writing to the HHSC Advisory Board Liaison at least 30 calendar days before the next Advisory Board meeting for inclusion in the publication of the agenda in the Texas Register and distribution to the members for their consideration.The Advisory Board will review the Bylaws by December 31 of every even-numbered year. Advisory Board-proposed amendments that occur as a result of the biennial review will be considered in a meeting and will be passed and become effective based on a two-thirds vote of members attending the meeting, pending review and approval by HHSC staff. All proposed changes are subject to review and approval by HHSC staff.The Bylaws will become effective as of the date they are adopted by the Advisory Board. The Advisory Board will make note of the date of the adoption of the Bylaws in its minutes. Members will sign a Statement by Members when bylaws are amended (see attached Statement).Responsibilities of MembersAttendanceMembers are expected to attend all meetings in person. A member unable to attend a meeting should notify the Advisory Board Liaison in advance. The Advisory Board Liaison will notify the Chair and appropriate program staff. Members may not send a substitute to attend a meeting in their place. Any member missing two meetings within a 12-month period, with or without notice to the Advisory Board Liaison, may be removed from the Advisory Board. Member expectations:Attend meetings in person; Participate in subcommittees as assigned;Review agendas and other information sent by staff prior to each meeting;Participate in discussions at meetings;Submit travel expenses (if applicable and if reimbursement is desired) within 30 calendar days of the meeting;Abstain from deliberating or voting on issues that would provide monetary or other gain to the member, or the member’s family, or that could present, or reasonably appear to present, a conflict of interest; Attend/participate in an orientation session for the Advisory Board;Complete the Texas Open Meetings Act Training and Public Information Act Training within 90 days of appointment and submit the Certificates of Completion to the Advisory Board Liaison. If a member has taken the trainings within the last five years, a copy of the Certificates of Completion may be submitted to the Advisory Board Liaison in lieu of taking the trainings;Sign and submit to the Advisory Board Liaison the Statement by Members document (attached) within 30 days after appointment. This document includes a Conflict of Interest Statement and a Nondisclosure Agreement to which Advisory Board members must agree;Notify the Advisory Board Chair and Advisory Board Liaison if a change of status alters the category of membership that the member was filling or if any circumstance occurs that prevents the member from being able to discharge his or her duties; Maintain a high level of integrity that warrants public trust, including complying with all applicable ethics guidance provided by HHSC's Ethics Officers and all aspects of the Texas Open Meetings Act and Public Information Act; andHold and maintain in strictest confidence all confidential information and all agency-generated information, including information in draft form, until such time as that information or document is released and made public unless the HHS Executive Commissioner has approved the release in writing, or the HHS Ethics Policy permits release. This requirement survives the member’s tenure on the Advisory Board. In addition, the member must confirm that he or she will require the member’s interpreters and attendants, if any, to comply with this requirement. For purposes of these bylaws and the Nondisclosure Agreement, the term “confidential information” includes all information protected by the Health Insurance Portability and Accountability Act (HIPAA), information that has commercial value or use, such as trade secrets, and information communicated in confidence by the HHS System.Failure to comply with member expectations numbers 6-12 above are grounds for dismissal and may result in removal from the Advisory Board. An Advisory Board member may not:Claim or appear to represent HHSC or the Advisory Board in any legislative or advocacy activity without written approval from the Advisory Board Chair and the HHS Ethics Office in coordination with the HHSC Government and Stakeholder Relations Office and the Advisory Board Liaison. A member is not prohibited from discussing a report that has been formally adopted by this Advisory Board, so long as he or she does not purport to represent HHSC. A member is not prohibited from representing him- or herself or another non-state agency entity in the legislative or advocacy process.Accept payment for any services offered to the member because of his or her position on the Advisory Board.Disclose confidential information or draft information (from any source including grants, requests for proposals, and contracts) acquired through his or her participation on the Advisory Board until such time as that information or document is released and made public, the HHS Executive Commissioner has approved the release in writing, or the HHS Ethics Policy permits release. This includes all forms of communication including written, verbal, and social media;Fail to require the member’s interpreters or attendants, if any, to keep confidential information or draft information (from any source including grants, requests for proposals, and contracts) acquired through the member’s participation on the Advisory Board until such time as that information or document is released and made public, the HHS Executive Commissioner has approved the release in writing, or the HHS Ethics Policy permits release. This includes all forms of communication including written, verbal, and social media.A violation of any of these items are grounds for dismissal and may result in removal from the Advisory Board. Removal from the Advisory BoardThe HHS Executive Commissioner may remove a member from the Advisory Board for the following reasons:A member votes or deliberates on an issue that would provide monetary or other gain or that presents a conflict of interest to the member, the member’s family, or an entity with which the member is closely affiliated.A member refuses to sign or violates the Statement by Members, which includes the Conflict of Interest statement and Nondisclosure Agreement, or another Nondisclosure Agreement.A member does not maintain a high level of integrity that warrants public trust, including complying with all applicable ethics guidance provided by HHSC's Ethics Officers and all aspects of the Texas Open Meetings Act and Public Information Act.A member changes status that alters the category of membership that the member was filling.A member claims or appears to represent HHSC or the Advisory Board in a legislative or advocacy activity without approval from the Advisory Board Chair and the HHS Ethics Office in coordination with the HHSC Government and Stakeholder Relations Office. (A member is not prohibited from discussing a report that has been formally adopted by this Advisory Board, so long as he or she does not purport to represent HHSC. A member is not prohibited from representing him- or herself or another non-state agency entity in the legislative or advocacy process.)A member receives payment for any services requested because he or she holds a position on the Advisory Board.A member discloses confidential or draft information acquired through his or her participation on the Advisory Board not in accordance with the Bylaws.A member fails to require his or her interpreters and attendants, if any, to keep confidential any information or draft information acquired through the member’s participation on the Advisory Board as required by the Bylaws. A member, in a 12-month period, misses two meetings with or without notice to HHSC staff.The HHS Executive Commissioner may remove a member who has violated the conflict of interest provisions or made a statement in violation of the Statements by Members form. Decisions to remove a member of the Advisory Board due to violations of this nature will require input from HHS legal counsel.SubcommitteesUnless otherwise noted in statute, the Chair, with the approval of agency staff, may establish subcommittees that meet at other times for purposes of studying and making recommendations on issues the Advisory Board determines appropriate to the charge of the Advisory Board. A subcommittee may be created for a limited period of time and will cease to exist when the assigned tasks are completed or upon determination of the Chair or HHS Executive Commissioner, or it may be a standing subcommittee. The Chair and agency staff will evaluate the need for all existing subcommittees annually.Subcommittee Operations and MeetingsUnless otherwise noted in statute or required by a grant document, members of subcommittees are required to be members of the Advisory Board. Except as set out in Item D below, subcommittee(s) will follow the general rules of the Advisory Board as applicable. Subcommittee(s) must keep minutes of the meetings and report back to the full body. The presence of a quorum of the full Advisory Board at a subcommittee meeting: Constitutes a full Advisory Board meeting that requires posting appropriate notice of the meeting as a full Advisory Board meeting in accordance with the Texas Open Meetings Act; and Requires the subcommittee meeting to be held in compliance with the Texas Open Meetings Act to include posting appropriate notice of the subcommittee meeting.Subject Matter ExpertsHHSC recognizes the value of subject matter experts (SMEs) to provide information to the Advisory Board as it develops recommendations and initiatives relative to its charge(s). The primary role of a SME is to provide objective, independent information and analysis to be considered by the Advisory Board. SME participation will be subject to the request of voting Advisory Board members and will fall within the following guidelines:A SME may be invited to provide information on specific subjects and topics at the discretion of voting Advisory Board members, the Chair or Vice-Chair, and HHSC;An invited SME may be recognized by staff, the Advisory Board Chair, or Vice-Chair to provide information or analysis during allotted time periods at a specified Advisory Board or subcommittee meeting;SMEs will participate in questions and answers at the direction of the staff, Advisory Board Chair, or Vice-Chair;All SMEs will participate and serve at the pleasure of the Advisory Board;SMEs do not hold any official capacity on the Advisory Board or subcommittees and do not have rights of deliberation or the right to vote on any Advisory Board activities or decisions;SMEs should disclose any conflicts of interest they may have prior to providing information to the Advisory Board; andNone of the information or guidance contained in this section shall prevent any individual from participating in or providing comments to the Advisory Board as allowed under the Texas Open Meetings Act.Responsibilities of Support StaffThe ODHHS will provide reasonable administrative and technical support and coordination for all Advisory Board activities. HHSC will coordinate as needed to provide the accommodations and supports needed by an Advisory Board member requiring accommodations to enable him or her to fully participate in Advisory Board and subcommittee meetings and activities.Staff is expected to perform the following tasks:Develop effective working relationships with Advisory Board members;Solicit nominations for membership in accordance with the appropriate HHSC procedures;Prepare reports and topics to be reviewed for recommendations by the Advisory Board;Serve as liaison between members and operating agencies’ staff; andPlan, coordinate, and organize Advisory Board and subcommittee meetings and activities, including:Schedule meeting dates and ensure meeting sites are set up; Notify members of upcoming meeting dates, times, and locations;Develop agenda and support materials for each meeting; Prepare and oversee that the agenda is posted in the Texas Register in a timely manner and on the HHS website;Serve as point of contact for the public including ensuring contact information, agendas, and meeting support materials are easily accessible on the HHS website;Prepare and distribute information and materials for member review;Prepare and maintain Advisory Board records and documentation in accordance with the HHSC records retention policy; andAssist eligible members with travel arrangements and reimbursement. Staff may perform other duties within staff discretion provided the necessary resources are pensation and Travel ReimbursementA member of the Advisory Board may not receive compensation. However, to the extent permitted by the current General Appropriations Act, a member is entitled to reimbursement of his or her travel expenses incurred while conducting the business of the Advisory Board and in accordance with the HHS Travel Policy.A member who would like to seek travel reimbursement must:Keep accurate record of allowable travel expenses (as per the HHS Travel Policy) during travel to attend Advisory Board meetings, andSubmit receipts and appropriate documentation to the Advisory Board Liaison within 30 calendar days.Bylaws approved on __________________ by a two-thirds vote of members attending the meeting.3136900254005715Chairperson Printed NameSignature31432502540HHSC 0-635Printed NameSignatureStatement by MembersThe Health and Human Services Commission, the Board for the Evaluation of Interpreters (“BEI”) and the Advisory Board (“Advisory Board”) for the Board for Evaluation of Interpreters are not bound in any way by any statement or action on the part of any Advisory Board member except when a statement or action is in pursuit of specific instructions from HHSC or the Advisory Board.The Advisory Board and its members may not claim or appear to represent HHSC or the Advisory Board in any legislative or advocacy activity without approval from the Advisory Board Chair and the HHS Ethics Office in coordination with the HHSC Government and Stakeholder Relations Office. Advisory Board members are not prohibited from discussing a report that has been formally adopted by this Advisory Board, so long as members do not purport to represent HHSC. Advisory Board members are not prohibited from representing themselves or other non-state agency entities in the legislative or advocacy process. An Advisory Board member may not accept payment for services that are requested because of the members’ title or position on this Advisory Board.An Advisory Board member should not accept or solicit any benefit that might reasonably tend to influence the member in the discharge of the member's official Advisory Board duties.An Advisory Board member should not knowingly solicit, accept, or agree to accept any benefit for having exercised the member's official powers or duties in favor of another person.An Advisory Board member shall complete the Texas Open Meetings Act Training and the Public Information Act Training within 90 days of appointment and submit the Certificates of Completion to the Advisory Board liaison. If a member has taken the training within the last five years, a copy of the Certificate of Completion may be submitted to the Advisory Board liaison in lieu of taking the training.Nondisclosure agreement. An Advisory Board member may not disclose confidential information or agency-generated information, including information in draft form, acquired through his or her Advisory Board membership, unless HHSC has released and made public the information or document, the HHS Executive Commissioner has approved the release in writing, or the HHS Ethics Policy permits release. This requirement survives the member’s tenure on the Advisory Board. In addition, the member confirms that he or she will require the member’s interpreters and attendants, if any, to comply with this requirement. For purposes of the Nondisclosure Agreement, the term “confidential information” includes all information protected by the Health Insurance Portability and Accountability Act (HIPAA), information that has commercial value or use, such as trade secrets, BEI testing materials, and information communicated in confidence by the HHS System.Conflict of Interest Statement. I agree to disclose any personal or private interest that myself, my family, or the entity I represent have in a measure, proposal, or decision pending before HHSC. ("Personal or private interest" does not include the member's engagement in a profession, trade, or occupation when the member's interest is the same as all others similarly engaged in the profession, trade, or occupation, or if the member merely provides a personal experience, with no personal or private financial interest, in giving feedback on the subject matter.) If there is a direct personal or financial interest in a motion under consideration, I further agree to disclose that fact in a public meeting and will recuse myself from any Advisory Board deliberations or decisions on that matter.I have been provided a copy of the Board for Evaluation of Interpreters Bylaws. I understand that as a member of the Advisory Board I must adhere to the Bylaws. ______________________________________________________Advisory Board Member SignatureDate_____________________________________Printed NameRevisions Tracking PageDocument Version #Revision DateRevisions / PurposeAuthor111/30/18Update wording and general cleanupSection 3 - Add definitions for HHSC and High Level of IntegritySection 4 - Require instead of request a video clip for applicantsSection 5 - Clean up wordingSection 7 - Clarify method of electing presiding officers and officers’ dutiesSection 8B - Clean up wordingSection 8C1 - Include the member’s familySection 8C2 - Change “two-thirds” to “majority” to reflect standard for operational decisionsSection 8C3 - Delete - included in 8C2Section 8C4-6 - RenumberSection 8C6 - Change to reflect change in 8C2Section 8D2 - Clean up wording; delete last sentence as redundantSection 8D3 - delete “open” as all meetings are openSection 9A - Clean up wordingSection 9B6 - Update wordingSection 9B12 - Clean up wordingSection 9C1 - Update wordingSection 9C4 - Add to include language requiring interpreters and attendants in confidentiality clauseSection 10A - Include “the member’s family”Section 10D - Clean up wordingSection 10E - Update wordingSection 10 H - Update wordingSection 12A - Add “or Vice-Chair” Section 12G - Clean up wordingSection 13E - Delete “but not limited to”Section 13E8 - Change “qualifying” to “eligible”Statement by Members - 2nd bullet - Update wordingStatement by Members - 4th bullet - add “Advisory” before “Board”Statement by Members - Nondisclosure agreement - Update wordingHHSC Staff ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download