RID CPC – StreetLeverage

Posted on August 4, 2015 by Shelly Hansen — Leave a comment

UpCycling the CPC: Role Space and the Reasonable Interpreter Standard

In search of the “Reasonable Interpreter Standard”… Re-thinking the NAD-RID Code of Professional Conduct with a fresh look at current best practices, recognition of role-space, advocacy and social media ethics.

Hurray! The RID Code of Professional Conduct Review Committee report came out on 6/23/2015! Many of us are eagerly awaiting a revised CPC. After reading through it, I felt inspired to sit down and draft a document which constitutes my approach to the intricacies of ethical practice, both philosophically and pragmatically, in my daily community sign language interpreting work.

[Click to view post in ASL]

This proposed draft is the fruit of fantastic input from a variety of sources (listed below) and also from the sometimes painful juxtaposition of the perceived proper role of a professional interpreter and an outdated CPC. As an interpreter who works for a variety of agencies and entities over a large geographic area, this proposed CPC is more compatible with my collective experiences over the past 26 years as an ASL interpreting practitioner and attempts to address many of the concerns raised in the recent CPC Review Committee report.

Your input and perspectives are invaluable! Share your thoughts on this important topic that has far reaching implications for individual interpreters and the community at large.

Thank you!

Code of Professional Conduct for ASL Interpreters (DRAFT)

Preamble

Interpreting is an art and service profession. Interpreters work to provide access for individuals who do not share a common language or language mode. To demonstrate their commitment to the technical as well as relational components of the work to remove language barriers, respect cultural norms and promote shared communication, RID Certified American Sign Language Interpreters shall adhere to the following professional standards that both guide interpreter conduct and protect the public trust in certified interpreters.

Applicability

All RID Certified Interpreters are bound to comply with this Code of Ethics. Interpreting students and interns are encouraged to adhere to this Code as pre-professionals, in conjunction with supervision by RID Certified interpreters, mentors and instructors.

Tenets

1. Accurate and Complete Interpretation

Each participant’s source language should be faithfully rendered in a manner that conserves and conveys all meaningful elements of the speaker’s message and intent into the target language. A natural prosody that reflects the tone, style and register of the speaker should be employed. The interpreter shall strive for the highest standards of accuracy to enable the parties to clearly communicate with one another and avoid misunderstandings. The interpreter shall make repairs promptly and discreetly. If at any point an interpreter is unable to fulfill this tenet, the interpreter has a duty to either decline or remove her/himself from the assignment. Sight translation of forms and documents is within the scope of practice. Consecutive, simultaneous, team or relay interpreting with an intermediary interpreter are all valid approaches to this task, and the interpreter shall use professional discernment to request a team interpreter to effectuate communication.

2. Commitment to Autonomy

The interpreter shall constantly strive to support full autonomy of the participants. While some situations may require the interpreter to make adjustments such as improved positioning, lighting or other logistical considerations, the primary focus will be to facilitate participant autonomy. The interpreter shall avoid interjecting actively into the conversation or message. Exceptions include utterances which constitute social pleasantries, responding to direct questions, management of the interpreted interaction such as checking in with the parties to ensure the interpretation is clearly conveyed and accessible, clarification of content and professional courtesies. Interpretation is a group activity creating a shared experience, and the interpreter has a duty to interact in ways that are socially responsive, culturally and linguistically inclusive and also maintain an overarching commitment to participant autonomy.

3. Confidentiality

Privileged or confidential information acquired in the course of interpreting or preparing for an assignment shall not be disclosed by the interpreter without authorization. Data and records shall be handled using current industry standards including password protected computer files, locked cabinets and shredding of obsolete documents. HIPAA laws or any other federal, state or local laws governing information management shall be adhered to strictly. Interpreters work in a variety of settings for a variety of entities. Case studies, which are representative of repeated occurrences within interpreted interactions over time, can be shared with peers for the purpose of analysis and professional development in the same manner that other professionals conduct continuing education with the goal of improved service outcomes. Interpreters may make public comment on public information.

4. Professional Demeanor

Interpreters shall conduct themselves in a professional manner that engenders respect for all parties. This applies to standards of dress which are conducive to a visually accessible interpretation. For most interactions business casual is appropriate. Identification such as a badge is recommended to assist the parties in readily identifying the working interpreter. Examples of professional conduct include prompt confirmation of availability, fulfillment of confirmed assignments and punctuality. The interpreter shall maintain appropriate professional boundaries and separate personal from work interactions out of respect for all parties. Social media shall be used judiciously with consideration for all parties with particular attention to maintenance of standards of confidentiality. Obtain permission from all parties before posting shared experiences on social media or online.

5. Collegiality

Interpreters shall strive to work effectively, professionally and in good faith with all colleagues, mentoring partners, interpreting interns and students. Team interpreters shall caucus as needed before, during and post-assignment to ensure an optimal interpretation. Colleagues shall be approached directly, privately, one-on-one, to address any concerns or breaches of ethical conduct. Filing of grievances shall be made only after all other standard conflict resolution methods have been unsuccessful. Every effort shall be made to maintain open, accountable and positive relationships with peers that support full communication access for all parties.

6. Preparation

Interpreters shall make all necessary efforts to prepare adequately for assignments. This includes obtaining preparation materials such as speeches, meeting agendas, documents, textbooks, police reports, etc., that will promote the most complete and accurate interpretation.

7. Conflicts of Interest and Role-Space

Interpreters shall avoid conflicts of interest and dual roles which result in diminished capacity to devote full attention to the task of interpreting. The concept of a conflict of interest is well established, and interpreters shall adhere to norms of conflict of interest avoidance, both perceived and actual. Unanticipated conflicts of interest shall be disclosed to the parties promptly. Complete neutrality, or the absence of vested interest is not achievable. Interpreters are dedicated to effective communication for all parties. However, interpreters can commit to fully participate in the role-space of interpreter to facilitate communication in order to support the parties in reaching their mutual goals of shared exchange.

8. Professional Development

Interpreters shall maintain RID certification, completing required CEUs within each cycle, and also engage in supplemental continuing education, mentoring, pro-bono work, etc., to promote the furtherance of knowledge and skills within a framework of social justice. Membership and participation in professional organizations is strongly encouraged.

9. Advocacy and Resource Referral

Interpreters are in a unique position as functional bi-cultural bilinguals. Interpreters shall provide referrals to available and appropriate community resources to support equal access. Interpreters may engage in advocacy services in settings that are separate from the interpreting function and that fall within standards of acceptable professional conduct and do not constitute a conflict of interest.

10. Functional Maintenance

Interpreting is physically, emotionally and mentally demanding. Interpreters shall make reasonable efforts to ensure that all members of the interpreting team have adequate supports, including breaks, to promote health and longevity in the interpreting field. Interpreters shall decline or discontinue assignments if working conditions are not safe, healthy or conducive to interpreting.

11. Business Practices

Shelly Hansen

Interpreters shall adhere to the highest standards of ethical business practices which include but are not limited to accurate invoicing, charging reasonable fees for services rendered which constitute a livable wage, payment of taxes, maintenance of licenses and professional liability insurance, etc. Interpreters shall engage in pro-bono interpreting. Interpreters shall refrain from using confidential interpreted information for personal, monetary or professional gain or for the benefit or gain of personal or professional affiliations or entities. Interpreters shall avoid interpreting in settings which involve payment terms that are inconsistent with the Americans with Disabilities Act or any other federal or state law or local statute prohibiting discrimination.

12. RID ED: K-12

RID Certified ED: K-12 interpreters shall adhere to the most current version of the EIPA Guidelines of Professional Conduct for Educational Interpreters when working in K-12 educational settings.

13. Court Certified Interpreters

Legal interpreters have an additional level of ethical accountability to the courts and judicial system. Interpreters qualified to work in legal settings by either federal or state regulations or by virtue of RID legal credentialing shall prioritize the applicable court interpreter oath and timely access to due process. Legal interpreters shall strive to comply with current best practices and make statements on the record, requests, disclosures and recommendations that represent current best practices for legal interpreters.

14. Adherence to Federal, State and Local Law

Interpreters shall abide by all federal, state and local laws which supersede this Code of Professional Conduct. Interpreters shall fulfill all mandatory reporting duties and respond to subpoenas.

Reasonable Interpreter Standard

No illustrative behaviors are included. All tenets shall be considered using the reasonable professional interpreter standard. If an action, engaged in repeatedly, would promote:

increased autonomy of the parties
effective communication exchanges
encourage public trust in the interpreter’s services

by actions taken in good faith effort adherence to these core tenets, the behavior should characterize that of a reasonable professional interpreter. For further assistance, please contact the RID Ethics Committee.

Questions for Consideration:

Forget about dream vacations…What is your dream CPC?
How do you want to see social media addressed collectively?
Why is a succinct CPC preferable to a 5 page test-prep document?

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References:

Llewellyn-Jones, P. & R.G. Lee (2014) Redefining the Role of the Community interpreter: The concept of role-space. Carlton-le-Moorland, UK: SLI Press.

National Association of Judiciary Interpreters and Translators.

Registry of Interpreters for the Deaf, Inc.

EIPA: Guidelines for Professional Conduct

Dean, R. K., & Pollard, R. Q (2011). Context-based ethical reasoning in interpreting: A demand control schema perspective. Interpreter and Translator Trainer, 5(1), 155-182.

Collegial Assistance:

Thank you to Xenia Woods, along with the Street Leverage staff, for their willingness to review and provide feedback and edits on this submission! Thank you also to Mr. Ed Alletto for his insightful legal trainings and gentle but direct prompting.

Footnotes:

Q: Why aren’t there any definitions?
A: Unnecessary as this applies to the RID Certified Interpreters.

Q: Why not include the section about “representing qualifications accurately”?
A: Because it is already illegal to misrepresent yourself and this CPC only applies to RID Certified Interpreters

Q: Why not address VRI/VRS?
A: Unnecessary as this applies to RID Certified interpreters regardless of venue. Employment requirements are separate from a Code of Professional Conduct, which applies to members of a professional group.

Q: Why not more illustrative behaviors?
A: A CPC should be succinct. This covers the core tenets and should be interpreted using the reasonable interpreter standard, which this version makes more explicit and should strengthen the application of this CPC. It is not possible to list all applicable illustrative behaviors. It is possible to provide ethical principles with guidelines for making determinations that will result in ethical conduct. See Model Code of Professional Responsibility for Interpreters in the Judiciary for an example of this format.

Q: Why not discuss the Demand Control Schema?
A: In my opinion, DCS is a is a tool used to manage the interpreting interactions, but is not appropriate in a CPC. Individuals can engage in behaviors that do not match up with the CPC, and then state a need to use certain controls because of demands that are the result of earlier poor choices that could have been avoided. The CPC should stand above the DCS, which then can be used to comply with the CPC. [Edit 8/6/15.]

Q: Why not include a separate tenet for medical interpreters?
A: This may be necessary at a future date if a separate medical certification is added by RID. At the moment this CPC along with HIPAA laws and contracting terms provide sufficient ethical guidance. (For example: no unsupervised access to clients, and stepping out of exam rooms when patients need additional privacy.)

Q: Why not make this binding for students/interns?
A: The CPC can only be binding for certified members, who can participate in grievance procedures, be sanctioned and have their professional certifications suspended or revoked. Students may, for example, have a course requirement to adhere to the CPC in order to participate in an internship placement, but do not have a professional duty to adhere to the CPC until achieving certified status. The number of non-RID certified interpreters working in the field continues to decline, as states adopt requirements for licensure that are predicated upon RID certification. The onus is on the RID Certified interpreter to guide the student/intern to adhere to the CPC. See the ABA Model Rules for Professional Conduct Rule 5.3 for an example of this supervisory relationship.

Posted on September 16, 2014 by Kelby Brick — Leave a comment

Interpreting Without a Deaf Interpreter is an RID CPC Violation

Crackers or crack cocaine? If a potential Deaf witness used a signed reference to crackers during a police interview, would you immediately understand the meaning? Fortunately, in this situation, the hearing interpreter (who was top-notch) knew enough to team up with a Deaf interpreter who immediately figured out that the witness was not talking about the food cracker but about crack cocaine. Because of the presence of the Deaf-Hearing interpreting team, effective communication occurred.

[Click to view post in ASL]

Unfortunately, thousands of Deaf people experience serious settings and situations without the services of an interpreter team made up of a Deaf interpreter and a hearing team interpreter. This exclusion of the Deaf interpreter results in unnecessary life-altering experiences for Deaf individuals. A new ethical and financial paradigm is needed to ensure the presence of Deaf interpreters in those settings and situations.

Excluding Deaf interpreters in these setting/situations is a violation of the CPC.

Why The Resistance?

It Requires Hearing Interpreter Involvement

Hearing interpreters worry that if they ask for a Deaf team interpreter, they will be perceived as incompetent[i] even though the very best interpreters recognize that even they need Deaf interpreters. Carla Mathers, a renowned practicing attorney and interpreter remarked recently in a StreetLeverage presentation, “My best interpretation, however, will never equal the value, skills and contributions of a Deaf interpreter.”[ii]

These hearing interpreters are also concerned about losing the assignment to a less competent or less ethical interpreter who could perhaps do greater damage. They may also be unaware of settings or situations that mandate the use of a CDI. As a result, they just plow ahead and hope for the best.

The National Consortium of Interpreter Education Center stated that “the initial determination is left to the [hearing] interpreter, it is of critical importance that legal interpreters undertake this analysis and to subordinate any feelings of inadequacy in the event that a deaf interpreter would be able to assist, improve or enhance the quality of the interpretation. The decision to recommend a deaf interpreter is an indication of professionalism, not a sign of incompetence.”[iii][iv]

RID Must Revise their Definition of a CDI

The realities highlighted above make it difficult to implement the NAD-RID Code of Professional Conduct (CPC), which makes it clear that hearing interpreters need to ensure the presence of a Certified Deaf Interpreter (CDI) in specific settings and situations. However, CPC Illustrative Behaviors 2.2, 2.3, 2.4, 2.6, 4.1 and 6.3 are all places where one could make a case that the exclusion of Deaf interpreters is a violation.

First and foremost, the current RID Standard Practice Paper “Use of a Certified Deaf Interpreter” must be updated. This version is antiquated and perpetuates the myth that a CDI is needed only in unusual situations where the “communication mode of a deaf consumer is so unique that it cannot be adequately accessed by interpreters who are hearing.” Historically, Deaf interpreters have been involved in all types of communication situations long before the establishment of RID or interpreter training programs, effectively navigating between languages and providing important cultural perspectives and experiences that make an interpretation more accurate.

Systemic Bias

Two of the common reasons for the ongoing systematic failure to include Deaf interpreters in those settings and situations are as follows:

1) The payer of the services will seek the lowest bidder, or

2) The hearing interpreter is burdened with decision of whether to bring in a Deaf interpreter and worried about the various possible negative consequences that could result from a request for a Deaf team interpreter.

We recognize that courts, police departments, hospitals and other entities often seek the lowest price structure for interpreters. Bidders of those contracts, whether by interpreting agencies or by free-lance sign language interpreters, are thus incentivized to exclude Deaf interpreters in their proposals in order to win those contracts. [v] As a result, the Deaf consumer frequently suffers and is impacted negatively.

How to Resolve the Problem

Hearing interpreters work in various life-altering situations on a daily basis without the presence of Deaf interpreters. Excluding Deaf interpreters in those settings or situations is a violation of the CPC. The question now is how can we make it easier for ethical interpreters to uphold the CPC in their business practices? A solution is desperately needed here.

We propose a new standard practice paper by the Registry of Interpreters that would require interpreting contracts to automatically establish the presence of Deaf interpreters in specific situations.

The revised standard practice paper should clearly state that it is unethical to place hearing interpreters without deaf interpreters in defined settings. The standard practice paper would also clearly define best practices which would automatically include Deaf interpreters from the onset for any contracts with hospitals, courts, and other legal settings.[vi] The standard practice paper would then tie the CPC into the hearing interpreter’s obligation to automatically require a Deaf interpreter team in those specific settings.

With this new standard practice paper in place, agencies bidding for contracts can confidently include the use of Deaf interpreters in their proposals and point out that competitor proposals without the inclusion of Deaf interpreters are unethical, illegitimate and represent a violation of RID standard practices and also violate the CPC.

This structure will relieve the hearing interpreter of the burden of assessing the linguistic need of the Deaf consumer, the burden of trying to suggest that a Deaf interpreter is necessary and avoid the awkwardness of trying to explain that the presence of a Deaf interpreter does not reflect on the interpreting skills of the hearing interpreter. With this structure built into the contracts, agencies can more confidently send Deaf interpreters without worrying about the additional expenses.

Pioneering Radical Change

The California court system’s approach to Deaf interpreters is one place to build on for models elsewhere. The Administrative Office of the Courts in California establishes the presumption that a Deaf interpreter is needed for much broader scenarios including dealing with juveniles or dealing with adults with mental health issues. The Courts also state that CDIs are necessary when dealing with a Deaf person who “relies on uniquely deaf experiences that are unfamiliar to the hearing interpreter.”[vii]

This last line recognizes that CDI is necessary in almost all settings and situations. Accordingly, the California Court states that a Deaf interpreter should be

“provided in all civil and criminal actions in which the service is needed for effective communication and in which the deaf or hard-of-hearing individual is a party or witness in a case. These include traffic or other infractions, small claims court proceedings, juvenile court proceedings, family court proceedings, hearings to determine mental competency, and court-ordered or court-provided alternative dispute resolution, including mediation and arbitration.”[viii]

The Deaf-Hearing Communication Centre (DHCC) in Southeast Pennsylvania spells out from the onset that a Deaf/hearing interpreting team is automatically used in “major life-altering situations such as legal and mental health assignments.”[ix] DHCC explains further that

“Police and medical emergencies can have life-altering consequences. Therefore, a Deaf/hearing team of interpreters is usually required to ensure accurate, effective communication. This team approach has proven to be the most effective way to handle police and medical emergencies especially when the communication skills of the Deaf person are unknown.”[x]

Instead of being an exception, DHCC’s model should be the rule across the country. The first step needed to make that happen is the revision of the standard practice paper issued by RID. In the meantime, we urge ethical hearing interpreters and interpreter agencies to take the initiative to comply with the CPC and start requiring the automatic presence of Deaf interpreters in “life-altering” situations.[xi] We also invite readers to participate in dialogue to modify the current interpreter model to mandate the presence of Deaf interpreters in order to ensure Deaf individuals have accurate and effective communications in any setting. We also encourage readers to share this article with local interpreting agencies and institutions (such as the court, hospitals and police) to spark conversations on how they can start routinely ensuring the presence of CDIs along with hearing interpreters in those life-altering settings.

The use of CDIs in specific settings and situations should be the standard and normal practice. Just like a general medical practitioner would bring in specialized doctors (a cardiologist, for example) for some common situations, a hearing interpreter should bring in a specialized (Deaf) interpreter in some common situations. The skilled Deaf interpreter has contextual and cultural competency that far exceeds hearing interpreters’ ability to fully provide cultural and linguistic access to the Deaf user in situations that are typically at high risk for life-altering experiences.

The National Consortium of Interpreter Education Centers (NCIEC) has published a document, Deaf Interpreters in Court: An Accommodation that is More than Reasonable, that provides various citations where “deaf interpreters have proven their worth.”[xii] The evidence in this document and other documents cited here regarding the need for Deaf interpreters in specific settings and situations is overwhelming.

NCIEC has already outlined best practices for interpretation in court and legal settings, stating that deaf interpreters should be present in all court and legal settings and situations involving a deaf party, especially if deaf minors are involved.[xiii] This should go without saying:

Deaf interpreters should automatically be called for legal or medical situations.

Who Can Help and What Can They Do?

Interpreter agencies and hearing sign language interpreters need to be insistent in requiring the presence of Deaf interpreters in specific settings and situations. Interpreters (and agencies) need to turn down contracts that would put Hearing interpreters in the role of enabling oppression of Deaf individuals through their failure to ensure effective communications. The signing community also needs to work with institutions such as medical providers, courts and police departments to ensure that they require the presence of Deaf interpreters every time a sign language interpreter is requested. We also need make it clear within the interpreter community that the presence of a hearing interpreter without a Deaf interpreter team is tantamount to exploitation of the Deaf individual for the pecuniary or personal gain of the hearing interpreter. To initiate this conversation with agencies and hiring parties, all interpreters, Deaf and Hearing, and consumers are encouraged to share this article with others.

Conclusion

The interpreting profession has grown exponentially since the enactment of various civil rights laws including the Americans with Disabilities Act and the Rehabilitation Act of 1974. We should not, however, confuse the growth of the interpreting profession with the assumption that Deaf people are receiving effective communications. As ethical interpreters, each of us has an obligation to “render the message faithfully by conveying the content and spirit of what is being communicated, using language most readily understood by consumers.”[xiv] In many situations and settings, doing so requires the presence of a Deaf interpreter team. We also should require interpreting agencies and hiring parties to ensure the presence of Deaf interpreters as well. We can all do more. It’s the right thing to do.

What steps will you take in your community to initiate this conversation?

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Co-Author, Jimmy Beldon, CDI, M.A., has been a professional involved in the interpreting field on many levels. Jimmy is the co-owner of Keystone Interpreting Solution, a consulting and interpreter referral business. He currently teaches in the Interpreter Training Program at St. Catherine University in St Paul, Minnesota. A renowned interpreter in the court system, Jimmy is a former Vice-President of the National Registry of Interpreters (RID) and the current Vice-President of the National Conference of Interpreter Trainer (CIT).

References

[i] The resistance to bringing into a Deaf Interpreter has been well documented. For example, Tiffany J. Burns, CI/CT writes in “Who needs a Deaf Interpreter? I do” (Views, November 1999) that I have noticed paranoia among many hearing interpreters, that in asking for a Deaf interpreter, they will appear unqualified or incompetent. I cannot stress enough what a misconception that is.”

[ii] “Perception Conflicts: The Role of Sign Language Interpreters in Court,” Carla Mathers, Esq., CSC, SC:L. StreetLeverage – Live 2014 | Austin.

[iii] “Deaf Interpreters in Court: An accommodation that is more than reasonable,” prepared by Carla Mathers, Esq., CSC, SC:L. The National Consortium of InterpreterEducationCenter, March 2009.

[iv] It is relevant to quote Carla Mather here from her Street Leverage presentation: “A Deaf interpreter possesses the skills and innate understanding of the language and Deaf experience which allows them to use language that is most accessible to the Deaf party, to apply expansion of concepts appropriately in order to ensure the communication is clear and accurately conveys the intended meaning. By ensuring that Deaf interpreters are involved in courtroom interpreting, we reduce the oppressive nature of the environment and we ensure that the support and advocacy needed are available to the Deaf parties involved. In addition to the linguistic expertise a Deaf interpreter brings to the courtroom, they are also often able to navigate the strict conventions and rules of the court. The Deaf interpreter may be able to provide perspectives and explanations regarding the seemingly oppressive court system that will allow the Deaf party to understand the system and its rules more clearly. At the very least, a Deaf interpreter may make navigating the systemic conflicts more palatable.”

[v] Octavian Robinson discusses, for example, that courts sells “contracts to the lowest bidder and sacrificing quality and more important, justice. The lowest bidding agency does not assure certified or competent interpreters. This creates a situation where a deaf person’s legal right, regardless of guilt, to a fair trial is compromised.” Robinson also explains that the penny pinching results in the exclusion of CDIs and thus causes Deaf people to lose out in the justice system. See http://blog.deafpolitics.org/2011/06/failure-to-act-for-change.html

[vi] In those rare cases where it is found that a Deaf interpreter is not needed, the Deaf interpreter can then be excused.

[vii] “Recommended Guidelines for the Use of Deaf Intermediary Interpreters,” Judicial Council of California/Administrative Office of the Courts. 2010.

[viii] Ibid.

[ix] www.DHCC.org.

[x] www.DHCC.org. DHCC explains, “four interpreters (two hearing and two Deaf) are on-call every evening, weekend and holiday. This way, we are prepared for multiple emergencies. A Deaf/hearing team – one interpreter who is Deaf and one interpreter who is hearing – ensures that we are prepared for any level of communication.”

[xi] While a lot of the citations here focus on legal settings, DHCC is correct here in saying that CDIs are necessary in other life-altering situations. This would include, among others, health settings and any settings involving juveniles.

[xii] “Deaf Interpreters in Court: An accommodation that is more than reasonable,” prepared by Carla Mathers, Esq., CSC, SC:L. The National Consortium of InterpreterEducationCenter, March 2009.

[xiii] “Best Practices American Sign Language and English Interpretation within Court and Legal Settings,” by Kellie Stewart, Anna Witter-Merithew and Margaret Cobb, Legal Interpreting Workgroup Members. The National Consortium of InterpreterEducationCenter, March 2009.

[xiv] NAD-RID Code of Professional Conduct.