(a) Whenever a hearing impaired person shall be authorized a qualified interpreter, the agency, law enforcement agency, or court shall determine whether the qualified interpreter so provided is able to communicate accurately with and translate information to and from the hearing impaired person. If it is determined that the qualified interpreter cannot perform these functions, the agency, law enforcement agency, or court shall request another qualified interpreter from the department or shall appoint an intermediary interpreter to assist the qualified interpreter in communicating with the hearing impaired person.

(b) The department shall prepare and maintain a list of qualified interpreters and qualified intermediary interpreters from which such interpreters shall be provided.