201 KAR 39:120 - Code of ethics

RELATES TO: KRS 309.304(3), 309.318(1)(e), (f), 620.030

NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.318(1)(e) and (f) authorize the board to take disciplinary action against a licensee who violates any state statute or requirement of 201 KAR Chapter 39 or who 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 licensee shall abide by the following standards of professional and ethical conduct:
(1) A licensee shall keep all service-related information strictly confidential. From the moment of accepting the service, the licensee holds a trustworthy relationship with the consumer, in which the licensee shall be bound to confidentiality.
(a) All information shall be considered confidential. This shall apply whether the licensee accepts or declines the request for services.
(b) All information about a consumer that is received from other licensees shall be considered confidential and shall be exchanged in a manner that protects both the consumer and the service.
(c) The licensee 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 licensee 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) A licensee shall remain neutral, impartial, and objective. If the licensee is unable to put aside personal biases or reactions that threaten impartiality, the licensee shall be under an obligation to examine options and take actions to remedy the situation.
(b) A licensee shall refrain from altering a message for political, religious, moral, or philosophical reasons, or for any other biased or subjective considerations.
(c) The licensee shall advise the consumer that the licensee assumes a position of neutrality in the relationship between all parties during an interpreting service. The licensee shall not become personally involved in the issues or persons present at the interpreting service.
(5) In accepting a request for services, a licensee shall use discretion with regard to skill, setting, and the consumers involved.
(a) Licensees shall approach requests for services with respect and cultural sensitivity towards all participants.
(b) If a request for services demands an additional deaf or hearing licensee, a licensee shall not accept the request, or continue with the services if it has been initially accepted, until the additional deaf or hearing licensee is included in the professional interpreting team.
(c) A licensee shall refrain from accepting a request for services in which family members or personal or business associations may affect impartiality.
1. In an emergency situation, a licensee may provide services for family members, friends, or business associates, and the licensee shall guard against allowing personal involvement to affect the licensee's ability to interpret impartially.
2. If the licenseeis unable to be impartial, the licensee shall inform the parties involved and may assist in finding another licensee.
(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 the licensee's services in a false, deceptive, or misleading manner.
(8) A licensee shall function in a manner appropriate to the situation. A licensee shall become familiar with the anticipated discussion topic, type of activity, level of formality, expected behaviors, and possible presentational materials prior to commencement of the service.

Notes

201 KAR 39:120
28 Ky.R. 1268; Am. 1612; eff. 1-14-2002; 38 Ky.R. 1656; 1851; eff. 6-1-2012; Crt eff. 2-21-2020; 51 Ky.R. 107, 1104; eff. 2/5/2025.

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

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