Alaska 2023-2024 Regular Session

Alaska House Bill HB138 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0138a -1- HB 138
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11	11	HOUSE BILL NO. 138
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
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17	17	BY REPRESENTATIVE WRIGHT
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19	19	Introduced: 3/27/23
20	20	Referred:
21	21
22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to an audiology and speech-language interstate compact; relating to 1
28	28	the practice of audiology and the practice of speech-language pathology; and providing 2
29	29	for an effective date." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. AS 08.11.010 is amended to read: 5
32	32	Sec. 08.11.010. Qualifications for audiologist license. The department shall 6
33	33	issue a license to practice audiology to an individual who 7
34	34	(1) is 18 years of age or older; 8
35	35	(2) applies on a form provided by the department; 9
36	36	(3) pays the fee required under AS 08.11.050; 10
37	37	(4) furnishes evidence satisfactory to the department that the person 11
38	38	(A) has not engaged in conduct that is a ground for imposing 12
39	39	disciplinary sanctions under AS 08.11.080; 13
40	40	(B) holds a master's degree or doctorate in audiology from an 14 33-LS0681\A
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44	44	accredited educational institution approved by the department; and either has 1
45	45	(i) a Certificate of Clinical Competence in Audiology 2
46	46	from the American Speech-Language-Hearing Association or the 3
47	47	equivalent of the certificate; or 4
48	48	(ii) practiced audiology for two years as of January 1, 5
49	49	1986, or is in the process of completing the year of supervised clinical 6
50	50	experience required for the Certificate of Clinical Competence of the 7
51	51	American Speech-Language-Hearing Association; and 8
52	52	(5) has been fingerprinted and has provided the fees required by 9
53	53	the Department of Public Safety under AS 12.62.160 for criminal justice 10
54	54	information and a national criminal history record check; the fingerprints and 11
55	55	fees shall be forwarded to the Department of Public Safety to obtain a report of 12
56	56	criminal justice information under AS 12.62 and a national criminal history 13
57	57	record check under AS 12.62.400. 14
58	58	* Sec. 2. AS 08.11.015 is amended to read: 15
59	59	Sec. 08.11.015. Qualifications for speech-language pathologist license. The 16
60	60	department shall issue a license to practice speech-language pathology to an individual 17
61	61	who 18
62	62	(1) is 18 years of age or older; 19
63	63	(2) applies on a form provided by the department; 20
64	64	(3) pays the fee required under AS 08.11.050; 21
65	65	(4) has not engaged in conduct that is a ground for imposing 22
66	66	disciplinary sanctions under AS 08.11.085; [AND] 23
67	67	(5) furnishes evidence satisfactory to the department that the person 24
68	68	holds a Certificate of Clinical Competence in speech-language pathology from the 25
69	69	American Speech-Language-Hearing Association or the equivalent of the certificate; 26
70	70	and 27
71	71	(6) has been fingerprinted and has provided the fees required by 28
72	72	the Department of Public Safety under AS 12.62.160 for criminal justice 29
73	73	information and a national criminal history record check; the fingerprints and 30
74	74	fees shall be forwarded to the Department of Public Safety to obtain a report of 31 33-LS0681\A
75	75	HB0138a -3- HB 138
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78	78	criminal justice information under AS 12.62 and a national criminal history 1
79	79	record check under AS 12.62.400. 2
80	80	* Sec. 3. AS 08.11.050 is amended to read: 3
81	81	Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for 4
82	82	each of the following: 5
83	83	(1) application; 6
84	84	(2) credential review; 7
85	85	(3) audiologist license and speech-language pathologist license; 8
86	86	(4) temporary license; 9
87	87	(5) renewal of license; 10
88	88	(6) delinquency; 11
89	89	(7) reinstatement; 12
90	90	(8) duplicate license; 13
91	91	(9) speech-language pathologist assistant registration application and 14
92	92	renewal; 15
93	93	(10) compact privilege. 16
94	94	* Sec. 4. AS 08.11.100 is amended to read: 17
95	95	Sec. 08.11.100. Prohibited acts. (a) Unless a person is licensed or granted a 18
96	96	compact privilege as an audiologist under this chapter, the person may not 19
97	97	(1) practice audiology; 20
98	98	(2) use a title indicating or representing that the person practices as an 21
99	99	audiologist; 22
100	100	(3) advertise that the person practices audiology. 23
101	101	(b) Unless a person is licensed or granted a compact privilege as a speech-24
102	102	language pathologist under this chapter, the person may not 25
103	103	(1) practice speech-language pathology; 26
104	104	(2) use a title indicating or representing that the person practices as a 27
105	105	speech-language pathologist; 28
106	106	(3) advertise that the person practices speech-language pathology. 29
107	107	* Sec. 5. AS 08.11 is amended by adding a new section to read: 30
108	108	Article 2. Audiology and Speech-Language Interstate Compact. 31 33-LS0681\A
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112	112	Sec. 08.11.300. Audiology and speech-language interstate compact 1
113	113	enacted. The Department of Commerce, Community, and Economic Development 2
114	114	shall implement the audiology and speech-language interstate compact enacted under 3
115	115	this section. 4
116	116	SECTION 1. PURPOSE 5
117	117	The purpose of this Compact is to facilitate interstate practice of audiology and 6
118	118	speech-language pathology with the goal of improving public access to audiology and 7
119	119	speech-language pathology services. The practice of audiology and speech-language 8
120	120	pathology occurs in the state where the patient/client/student is located at the time of 9
121	121	the patient/client/student encounter. The Compact preserves the regulatory authority of 10
122	122	states to protect public health and safety through the current system of state licensure. 11
123	123	This Compact is designed to achieve the following objectives: 12
124	124	(1) Increase public access to audiology and speech-language pathology 13
125	125	services by providing for the mutual recognition of other member state licenses; 14
126	126	(2) Enhance the states' ability to protect the public's health and safety; 15
127	127	(3) Encourage the cooperation of member states in regulating 16
128	128	multistate audiology and speech-language pathology practice; 17
129	129	(4) Support spouses of relocating active duty military personnel; 18
130	130	(5) Enhance the exchange of licensure, investigative and disciplinary 19
131	131	information between member states; 20
132	132	(6) Allow a remote state to hold a provider of services with a compact 21
133	133	privilege in that state accountable to that state's practice standards; and 22
134	134	(7) Allow for the use of telehealth technology to facilitate increased 23
135	135	access to audiology and speech-language pathology services. 24
136	136	SECTION 2. DEFINITIONS 25
137	137	As used in this Compact, and except as otherwise provided, the following 26
138	138	definitions shall apply: 27
139	139	(1) "Active duty military" means full-time duty status in the active 28
140	140	uniformed service of the United States, including members of the National Guard and 29
141	141	Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211. 30
142	142	(2) "Adverse action" means any administrative, civil, equitable or 31 33-LS0681\A
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146	146	criminal action permitted by a state's laws which is imposed by a licensing board or 1
147	147	other authority against an audiologist or speech-language pathologist, including 2
148	148	actions against an individual's license or privilege to practice such as revocation, 3
149	149	suspension, probation, monitoring of the licensee, or restriction on the licensee's 4
150	150	practice. 5
151	151	(3) "Alternative program" means a non-disciplinary monitoring 6
152	152	process approved by an audiology or speech-language pathology licensing board to 7
153	153	address impaired practitioners. 8
154	154	(4) "Audiologist" means an individual who is licensed by a state to 9
155	155	practice audiology. 10
156	156	(5) "Audiology" means the care and services provided by a licensed 11
157	157	audiologist as set forth in the member state's statutes and rules. 12
158	158	(6) "Audiology and Speech-Language Pathology Compact 13
159	159	Commission" or "Commission" means the national administrative body whose 14
160	160	membership consists of all states that have enacted the Compact. 15
161	161	(7) "Audiology and speech-language pathology licensing board," 16
162	162	"audiology licensing board," "speech-language pathology licensing board," or 17
163	163	"licensing board" means the agency of a state that is responsible for the licensing and 18
164	164	regulation of audiologists and/or speech-language pathologists. 19
165	165	(8) "Compact privilege" means the authorization granted by a remote 20
166	166	state to allow a licensee from another member state to practice as an audiologist or 21
167	167	speech-language pathologist in the remote state under its laws and rules. The practice 22
168	168	of audiology or speech-language pathology occurs in the member state where the 23
169	169	patient/client/student is located at the time of the patient/client/student encounter. 24
170	170	(9) "Current significant investigative information" means investigative 25
171	171	information that a licensing board, after an inquiry or investigation that includes 26
172	172	notification and an opportunity for the audiologist or speech-language pathologist to 27
173	173	respond, if required by state law, has reason to believe is not groundless and, if proved 28
174	174	true, would indicate more than a minor infraction. 29
175	175	(10) "Data system" means a repository of information about licensees, 30
176	176	including, but not limited to, continuing education, examination, licensure,
177	177	31 33-LS0681\A
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181	181	investigative, compact privilege and adverse action. 1
182	182	(11) "Encumbered license" means a license in which an adverse action 2
183	183	restricts the practice of audiology or speech-language pathology by the licensee and 3
184	184	said adverse action has been reported to the National Practitioners Data Bank (NPDB). 4
185	185	(12) "Executive Committee" means a group of directors elected or 5
186	186	appointed to act on behalf of, and within the powers granted to them by, the 6
187	187	Commission. 7
188	188	(13) "Home state" means the member state that is the licensee's 8
189	189	primary state of residence. 9
190	190	(14) "Impaired practitioner" means individuals whose professional 10
191	191	practice is adversely affected by substance abuse, addiction, or other health-related 11
192	192	conditions. 12
193	193	(15) "Licensee" means an individual who currently holds an 13
194	194	authorization from the state licensing board to practice as an audiologist or speech-14
195	195	language pathologist. 15
196	196	(16) "Member state" means a state that has enacted the Compact. 16
197	197	(17) "Privilege to practice" means a legal authorization permitting the 17
198	198	practice of audiology or speech-language pathology in a remote state. 18
199	199	(18) "Remote state" means a member state other than the home state 19
200	200	where a licensee is exercising or seeking to exercise the compact privilege. 20
201	201	(19) "Rule" means a regulation, principle or directive promulgated by 21
202	202	the Commission that has the force of law. 22
203	203	(20) "Single-state license" means an audiology or speech-language 23
204	204	pathology license issued by a member state that authorizes practice only within the 24
205	205	issuing state and does not include a privilege to practice in any other member state. 25
206	206	(21) "Speech-language pathologist" means an individual who is 26
207	207	licensed by a state to practice speech-language pathology. 27
208	208	(22) "Speech-language pathology" means the care and services 28
209	209	provided by a licensed speech-language pathologist as set forth in the member state's 29
210	210	statutes and rules. 30
211	211	(23) "State" means any state, commonwealth, district or territory of the 31 33-LS0681\A
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215	215	United States of America that regulates the practice of audiology and speech-language 1
216	216	pathology. 2
217	217	(24) "State practice laws" means a member state's laws, rules and 3
218	218	regulations that govern the practice of audiology or speech-language pathology, define 4
219	219	the scope of audiology or speech-language pathology practice, and create the methods 5
220	220	and grounds for imposing discipline. 6
221	221	(25) "Telehealth" means the application of telecommunication 7
222	222	technology to deliver audiology or speech-language pathology services at a distance 8
223	223	for assessment, intervention and/or consultation. 9
224	224	SECTION 3. STATE PARTICIPATION IN THE COMPACT 10
225	225	(a) A license issued to an audiologist or speech-language pathologist by a 11
226	226	home state to a resident in that state shall be recognized by each member state as 12
227	227	authorizing an audiologist or speech-language pathologist to practice audiology or 13
228	228	speech-language pathology, under a privilege to practice, in each member state. 14
229	229	(b) A state must implement or utilize procedures for considering the criminal 15
230	230	history records of applicants for initial privilege to practice. These procedures shall 16
231	231	include the submission of fingerprints or other biometric-based information by 17
232	232	applicants for the purpose of obtaining an applicant's criminal history record 18
233	233	information from the Federal Bureau of Investigation and the agency responsible for 19
234	234	retaining that state's criminal records. 20
235	235	(1) A member state must fully implement a criminal background check 21
236	236	requirement, within a time frame established by rule, by receiving the results of the 22
237	237	Federal Bureau of Investigation record search on criminal background checks and use 23
238	238	the results in making licensure decisions. 24
239	239	(2) Communication between a member state, the Commission and 25
240	240	among member states regarding the verification of eligibility for licensure through the 26
241	241	Compact shall not include any information received from the Federal Bureau of 27
242	242	Investigation relating to a federal criminal records check performed by a member state 28
243	243	under Public Law 92-544. 29
244	244	(c) Upon application for a privilege to practice, the licensing board in the 30
245	245	issuing remote state shall ascertain, through the data system, whether the applicant has 31 33-LS0681\A
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249	249	ever held, or is the holder of, a license issued by any other state, whether there are any 1
250	250	encumbrances on any license or privilege to practice held by the applicant, whether 2
251	251	any adverse action has been taken against any license or privilege to practice held by 3
252	252	the applicant. 4
253	253	(d) Each member state shall require an applicant to obtain or retain a license in 5
254	254	the home state and meet the home state's qualifications for licensure or renewal of 6
255	255	licensure, as well as, all other applicable state laws. 7
256	256	(e) For an audiologist: 8
257	257	(1) Must meet one of the following educational requirements: 9
258	258	(A) On or before, Dec. 31, 2007, has graduated with a master's 10
259	259	degree or doctorate in audiology, or equivalent degree regardless of degree 11
260	260	name, from a program that is accredited by an accrediting agency recognized 12
261	261	by the Council for Higher Education Accreditation, or its successor, or by the 13
262	262	United States Department of Education and operated by a college or university 14
263	263	accredited by a regional or national accrediting organization recognized by the 15
264	264	board; or 16
265	265	(B) On or after, Jan. 1, 2008, has graduated with a Doctoral 17
266	266	degree in audiology, or equivalent degree, regardless of degree name, from a 18
267	267	program that is accredited by an accrediting agency recognized by the Council 19
268	268	for Higher Education Accreditation, or its successor, or by the United States 20
269	269	Department of Education and operated by a college or university accredited by 21
270	270	a regional or national accrediting organization recognized by the board; or 22
271	271	(C) Has graduated from an audiology program that is housed in 23
272	272	an institution of higher education outside of the United States 24
273	273	(i) for which the program and institution have been 25
274	274	approved by the authorized accrediting body in the applicable country; 26
275	275	and 27
276	276	(ii) the degree program has been verified by an 28
277	277	independent credentials review agency to be comparable to a state 29
278	278	licensing board-approved program. 30
279	279	(2) Has completed a supervised clinical practicum experience from an 31 33-LS0681\A
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283	283	accredited educational institution or its cooperating programs as required by the 1
284	284	Commission; 2
285	285	(3) Has successfully passed a national examination approved by the 3
286	286	Commission; 4
287	287	(4) Holds an active, unencumbered license; 5
288	288	(5) Has not been convicted or found guilty, and has not entered into an 6
289	289	agreed disposition, of a felony related to the practice of audiology, under applicable 7
290	290	state or federal criminal law; 8
291	291	(6) Has a valid United States Social Security or National Practitioner 9
292	292	Identification number. 10
293	293	(f) For a speech-language pathologist: 11
294	294	(1) Must meet one of the following educational requirements: 12
295	295	(A) Has graduated with a master's degree from a speech-13
296	296	language pathology program that is accredited by an organization recognized 14
297	297	by the United States Department of Education and operated by a college or 15
298	298	university accredited by a regional or national accrediting organization 16
299	299	recognized by the board; or 17
300	300	(B) Has graduated from a speech-language pathology program 18
301	301	that is housed in an institution of higher education outside of the United States 19
302	302	(a) for which the program and institution have been approved by the authorized 20
303	303	accrediting body in the applicable country and (b) the degree program has been 21
304	304	verified by an independent credentials review agency to be comparable to a 22
305	305	state licensing board-approved program. 23
306	306	(2) Has completed a supervised clinical practicum experience from an 24
307	307	educational institution or its cooperating programs as required by the Commission; 25
308	308	(3) Has completed a supervised postgraduate professional experience 26
309	309	as required by the Commission; 27
310	310	(4) Has successfully passed a national examination approved by the 28
311	311	Commission; 29
312	312	(5) Holds an active, unencumbered license; 30
313	313	(6) Has not been convicted or found guilty, and has not entered into an 31 33-LS0681\A
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317	317	agreed disposition, of a felony related to the practice of speech-language pathology, 1
318	318	under applicable state or federal criminal law; 2
319	319	(7) Has a valid United States Social Security or National Practitioner 3
320	320	Identification number. 4
321	321	(g) The privilege to practice is derived from the home state license. 5
322	322	(h) An audiologist or speech-language pathologist practicing in a member 6
323	323	state must comply with the state practice laws of the state in which the client is located 7
324	324	at the time service is provided. The practice of audiology and speech-language 8
325	325	pathology shall include all audiology and speech-language pathology practice as 9
326	326	defined by the state practice laws of the member state in which the client is located. 10
327	327	The practice of audiology and speech-language pathology in a member state under a 11
328	328	privilege to practice shall subject an audiologist or speech-language pathologist to the 12
329	329	jurisdiction of the licensing board, the courts and the laws of the member state in 13
330	330	which the client is located at the time service is provided. 14
331	331	(i) Individuals not residing in a member state shall continue to be able to apply 15
332	332	for a member state's single-state license as provided under the laws of each member 16
333	333	state. However, the single-state license granted to these individuals shall not be 17
334	334	recognized as granting the privilege to practice audiology or speech-language 18
335	335	pathology in any other member state. Nothing in this Compact shall affect the 19
336	336	requirements established by a member state for the issuance of a single-state license. 20
337	337	(j) Member states may charge a fee for granting a compact privilege. 21
338	338	(k) Member states must comply with the bylaws and rules and regulations of 22
339	339	the Commission. 23
340	340	SECTION 4. COMPACT PRIVILEGE 24
341	341	(a) To exercise the compact privilege under the terms and provisions of the 25
342	342	Compact, the audiologist or speech-language pathologist shall: 26
343	343	(1) Hold an active license in the home state; 27
344	344	(2) Have no encumbrance on any state license; 28
345	345	(3) Be eligible for a compact privilege in any member state in 29
346	346	accordance with Section 3; 30
347	347	(4) Have not had any adverse action against any license or compact 31 33-LS0681\A
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351	351	privilege within the previous 2 years from date of application; 1
352	352	(5) Notify the Commission that the licensee is seeking the compact 2
353	353	privilege within a remote state(s); 3
354	354	(6) Pay any applicable fees, including any state fee, for the compact 4
355	355	privilege; 5
356	356	(7) Report to the Commission adverse action taken by any non-6
357	357	member state within 30 days from the date the adverse action is taken. 7
358	358	(b) For the purposes of the compact privilege, an audiologist or speech-8
359	359	language pathologist shall only hold one home state license at a time. 9
360	360	(c) Except as provided in Section 6, if an audiologist or speech-language 10
361	361	pathologist changes primary state of residence by moving between two member states, 11
362	362	the audiologist or speech-language pathologist must apply for licensure in the new 12
363	363	home state, and the license issued by the prior home state shall be deactivated in 13
364	364	accordance with applicable rules adopted by the Commission. 14
365	365	(d) The audiologist or speech-language pathologist may apply for licensure in 15
366	366	advance of a change in primary state of residence. 16
367	367	(e) A license shall not be issued by the new home state until the audiologist or 17
368	368	speech-language pathologist provides satisfactory evidence of a change in primary 18
369	369	state of residence to the new home state and satisfies all applicable requirements to 19
370	370	obtain a license from the new home state. 20
371	371	(f) If an audiologist or speech-language pathologist changes primary state of 21
372	372	residence by moving from a member state to a non-member state, the license issued by 22
373	373	the prior home state shall convert to a single-state license, valid only in the former 23
374	374	home state. 24
375	375	(g) The compact privilege is valid until the expiration date of the home state 25
376	376	license. The licensee must comply with the requirements of Section 4(a) to maintain 26
377	377	the compact privilege in the remote state. 27
378	378	(h) A licensee providing audiology or speech-language pathology services in a 28
379	379	remote state under the compact privilege shall function within the laws and regulations 29
380	380	of the remote state. 30
381	381	(i) A licensee providing audiology or speech-language pathology services in a 31 33-LS0681\A
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385	385	remote state is subject to that state's regulatory authority. A remote state may, in 1
386	386	accordance with due process and that state's laws, remove a licensee's compact 2
387	387	privilege in the remote state for a specific period of time, impose fines, and/or take any 3
388	388	other necessary actions to protect the health and safety of its citizens. 4
389	389	(j) If a home state license is encumbered, the licensee shall lose the compact 5
390	390	privilege in any remote state until the following occur: 6
391	391	(1) The home state license is no longer encumbered; and 7
392	392	(2) Two years have elapsed from the date of the adverse action. 8
393	393	(k) Once an encumbered license in the home state is restored to good standing, 9
394	394	the licensee must meet the requirements of Section 4(a) to obtain a compact privilege 10
395	395	in any remote state. 11
396	396	(l) Once the requirements of Section 4(j) have been met, the licensee must 12
397	397	meet the requirements in Section 4(a) to obtain a compact privilege in a remote state. 13
398	398	SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 14
399	399	Member states shall recognize the right of an audiologist or speech-language 15
400	400	pathologist, licensed by a home state in accordance with Section 3 and under rules 16
401	401	promulgated by the Commission, to practice audiology or speech-language pathology 17
402	402	in any member state via telehealth under a privilege to practice as provided in the 18
403	403	Compact and rules promulgated by the Commission. 19
404	404	SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 20
405	405	Active duty military personnel, or their spouse, shall designate a home state 21
406	406	where the individual has a current license in good standing. The individual may retain 22
407	407	the home state designation during the period the service member is on active duty. 23
408	408	Subsequent to designating a home state, the individual shall only change their home 24
409	409	state through application for licensure in the new state. 25
410	410	SECTION 7. ADVERSE ACTIONS 26
411	411	(a) In addition to the other powers conferred by state law, a remote state shall 27
412	412	have the authority, in accordance with existing state due process law, to: 28
413	413	(1) Take adverse action against an audiologist's or speech-language 29
414	414	pathologist's privilege to practice within that member state. 30
415	415	(2) Issue subpoenas for both hearings and investigations that require
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420	420	the attendance and testimony of witnesses as well as the production of evidence. 1
421	421	Subpoenas issued by a licensing board in a member state for the attendance and 2
422	422	testimony of witnesses or the production of evidence from another member state shall 3
423	423	be enforced in the latter state by any court of competent jurisdiction, according to the 4
424	424	practice and procedure of that court applicable to subpoenas issued in proceedings 5
425	425	pending before it. The issuing authority shall pay any witness fees, travel expenses, 6
426	426	mileage and other fees required by the service statutes of the state in which the 7
427	427	witnesses or evidence are located. 8
428	428	(3) Only the home state shall have the power to take adverse action 9
429	429	against an audiologist's or speech-language pathologist's license issued by the home 10
430	430	state. 11
431	431	(b) For purposes of taking adverse action, the home state shall give the same 12
432	432	priority and effect to reported conduct received from a member state as it would if the 13
433	433	conduct had occurred within the home state. In so doing, the home state shall apply its 14
434	434	own state laws to determine appropriate action. 15
435	435	(c) The home state shall complete any pending investigations of an audiologist 16
436	436	or speech-language pathologist who changes primary state of residence during the 17
437	437	course of the investigations. The home state shall also have the authority to take 18
438	438	appropriate action(s) and shall promptly report the conclusions of the investigations to 19
439	439	the administrator of the data system. The administrator of the coordinated licensure 20
440	440	information system shall promptly notify the new home state of any adverse actions. 21
441	441	(d) If otherwise permitted by state law, the member state may recover from the 22
442	442	affected audiologist or speech-language pathologist the costs of investigations and 23
443	443	disposition of cases resulting from any adverse action taken against that audiologist or 24
444	444	speech-language pathologist. 25
445	445	(e) The member state may take adverse action based on the factual findings of 26
446	446	the remote state, provided that the member state follows the member state's own 27
447	447	procedures for taking the adverse action. 28
448	448	(f) Joint Investigations 29
449	449	(1) In addition to the authority granted to a member state by its 30
450	450	respective audiology or speech-language pathology practice act or other applicable 31 33-LS0681\A
451	451	HB 138 -14- HB0138a
452	452	New Text Underlined [DELETED TEXT BRACKETED]
453	453
454	454	state law, any member state may participate with other member states in joint 1
455	455	investigations of licensees. 2
456	456	(2) Member states shall share any investigative, litigation, or 3
457	457	compliance materials in furtherance of any joint or individual investigation initiated 4
458	458	under the Compact. 5
459	459	(g) If adverse action is taken by the home state against an audiologist's or 6
460	460	speech-language pathologist's license, the audiologist's or speech-language 7
461	461	pathologist's privilege to practice in all other member states shall be deactivated until 8
462	462	all encumbrances have been removed from the state license. All home state 9
463	463	disciplinary orders that impose adverse action against an audiologist's or speech-10
464	464	language pathologist's license shall include a statement that the audiologist's or 11
465	465	speech-language pathologist's privilege to practice is deactivated in all member states 12
466	466	during the pendency of the order. 13
467	467	(h) If a member state takes adverse action, it shall promptly notify the 14
468	468	administrator of the data system. The administrator of the data system shall promptly 15
469	469	notify the home state of any adverse actions by remote states. 16
470	470	(i) Nothing in this Compact shall override a member state's decision that 17
471	471	participation in an alternative program may be used in lieu of adverse action. 18
472	472	SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-19
473	473	LANGUAGE PATHOLOGY COMPACT COMMISSION 20
474	474	(a) The Compact member states hereby create and establish a joint public 21
475	475	agency known as the Audiology and Speech-Language Pathology Compact 22
476	476	Commission: 23
477	477	(1) The Commission is an instrumentality of the Compact states. 24
478	478	(2) Venue is proper and judicial proceedings by or against the 25
479	479	Commission shall be brought solely and exclusively in a court of competent 26
480	480	jurisdiction where the principal office of the Commission is located. The Commission 27
481	481	may waive venue and jurisdictional defenses to the extent it adopts or consents to 28
482	482	participate in alternative dispute resolution proceedings. 29
483	483	(3) Nothing in this Compact shall be construed to be a waiver of 30
484	484	sovereign immunity. 31 33-LS0681\A
485	485	HB0138a -15- HB 138
486	486	New Text Underlined [DELETED TEXT BRACKETED]
487	487
488	488	(b) Membership, Voting and Meetings 1
489	489	(1) Each member state shall have two (2) delegates selected by that 2
490	490	member state's licensing board. The delegates shall be current members of the 3
491	491	licensing board. One shall be an audiologist and one shall be a speech-language 4
492	492	pathologist. 5
493	493	(2) An additional five (5) delegates, who are either a public member or 6
494	494	board administrator from a state licensing board, shall be chosen by the Executive 7
495	495	Committee from a pool of nominees provided by the Commission at Large. 8
496	496	(3) Any delegate may be removed or suspended from office as 9
497	497	provided by the law of the state from which the delegate is appointed. 10
498	498	(4) The member state board shall fill any vacancy occurring on the 11
499	499	Commission, within 90 days. 12
500	500	(5) Each delegate shall be entitled to one (1) vote with regard to the 13
501	501	promulgation of rules and creation of bylaws and shall otherwise have an opportunity 14
502	502	to participate in the business and affairs of the Commission. 15
503	503	(6) A delegate shall vote in person or by other means as provided in 16
504	504	the bylaws. The bylaws may provide for delegates' participation in meetings by 17
505	505	telephone or other means of communication. 18
506	506	(7) The Commission shall meet at least once during each calendar 19
507	507	year. Additional meetings shall be held as set forth in the bylaws. 20
508	508	(c) The Commission shall have the following powers and duties: 21
509	509	(1) Establish the fiscal year of the Commission; 22
510	510	(2) Establish bylaws; 23
511	511	(3) Establish a Code of Ethics; 24
512	512	(4) Maintain its financial records in accordance with the bylaws; 25
513	513	(5) Meet and take actions as are consistent with the provisions of this 26
514	514	Compact and the bylaws; 27
515	515	(6) Promulgate uniform rules to facilitate and coordinate 28
516	516	implementation and administration of this Compact. The rules shall have the force and 29
517	517	effect of law and shall be binding in all member states; 30
518	518	(7) Bring and prosecute legal proceedings or actions in the name of the 31 33-LS0681\A
519	519	HB 138 -16- HB0138a
520	520	New Text Underlined [DELETED TEXT BRACKETED]
521	521
522	522	Commission, provided that the standing of any state audiology or speech-language 1
523	523	pathology licensing board to sue or be sued under applicable law shall not be affected; 2
524	524	(8) Purchase and maintain insurance and bonds; 3
525	525	(9) Borrow, accept, or contract for services of personnel, including, but 4
526	526	not limited to, employees of a member state; 5
527	527	(10) Hire employees, elect or appoint officers, fix compensation, 6
528	528	define duties, grant individuals appropriate authority to carry out the purposes of the 7
529	529	Compact, and to establish the Commission's personnel policies and programs relating 8
530	530	to conflicts of interest, qualifications of personnel, and other related personnel matters; 9
531	531	(11) Accept any and all appropriate donations and grants of money, 10
532	532	equipment, supplies, materials and services, and to receive, utilize and dispose of the 11
533	533	same; provided that at all times the Commission shall avoid any appearance of 12
534	534	impropriety and/or conflict of interest; 13
535	535	(12) Lease, purchase, accept appropriate gifts or donations of, or 14
536	536	otherwise to own, hold, improve or use, any property, real, personal or mixed; 15
537	537	provided that at all times the Commission shall avoid any appearance of impropriety; 16
538	538	(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 17
539	539	otherwise dispose of any property, real, personal, or mixed; 18
540	540	(14) Establish a budget and make expenditures; 19
541	541	(15) Borrow money; 20
542	542	(16) Appoint committees, including standing committees composed of 21
543	543	members, and other interested persons as may be designated in this Compact and the 22
544	544	bylaws; 23
545	545	(17) Provide and receive information from, and cooperate with, law 24
546	546	enforcement agencies; 25
547	547	(18) Establish and elect an Executive Committee; and 26
548	548	(19) Perform other functions as may be necessary or appropriate to 27
549	549	achieve the purposes of this Compact consistent with the state regulation of audiology 28
550	550	and speech-language pathology licensure and practice. 29
551	551	(d) The Executive Committee 30
552	552	(1) The Executive Committee shall have the power to act on behalf of 31 33-LS0681\A
553	553	HB0138a -17- HB 138
554	554	New Text Underlined [DELETED TEXT BRACKETED]
555	555
556	556	the Commission according to the terms of this Compact; 1
557	557	(2) The Executive Committee shall be composed of 10 members: 2
558	558	(A) Seven voting members who are elected by the Commission 3
559	559	from the current membership of the Commission; 4
560	560	(B) Two ex-officios, consisting of one nonvoting member from 5
561	561	a recognized national audiology professional association and one nonvoting 6
562	562	member from a recognized national speech-language pathology association; 7
563	563	and 8
564	564	(C) One ex-officio, nonvoting member from the recognized 9
565	565	membership organization of the audiology and speech-language pathology 10
566	566	licensing boards. 11
567	567	(e) The ex-officio members shall be selected by their respective organizations. 12
568	568	(1) The Commission may remove any member of the Executive 13
569	569	Committee as provided in bylaws. 14
570	570	(2) The Executive Committee shall meet at least annually. 15
571	571	(3) The Executive Committee shall have the following duties and 16
572	572	responsibilities: 17
573	573	(A) Recommend to the entire Commission changes to the rules 18
574	574	or bylaws, changes to this Compact legislation, fees paid by Compact member 19
575	575	states such as annual dues, and any commission Compact fee charged to 20
576	576	licensees for the compact privilege; 21
577	577	(B) Ensure Compact administration services are appropriately 22
578	578	provided, contractual or otherwise; 23
579	579	(C) Prepare and recommend the budget; 24
580	580	(D) Maintain financial records on behalf of the Commission; 25
581	581	(E) Monitor Compact compliance of member states and 26
582	582	provide compliance reports to the Commission; 27
583	583	(F) Establish additional committees as necessary; and 28
584	584	(G) Other duties as provided in rules or bylaws. 29
585	585	(4) Meetings of the Commission. All meetings shall be open to the 30
586	586	public, and public notice of meetings shall be given in the same manner as required 31 33-LS0681\A
587	587	HB 138 -18- HB0138a
588	588	New Text Underlined [DELETED TEXT BRACKETED]
589	589
590	590	under the rulemaking provisions in Section 10. 1
591	591	(5) The Commission or the Executive Committee or other committees 2
592	592	of the Commission may convene in a closed, non-public meeting if the Commission or 3
593	593	Executive Committee or other committees of the Commission must discuss: 4
594	594	(A) Non-compliance of a member state with its obligations 5
595	595	under the Compact; 6
596	596	(B) The employment, compensation, discipline or other 7
597	597	matters, practices or procedures related to specific employees or other matters 8
598	598	related to the Commission's internal personnel practices and procedures; 9
599	599	(C) Current, threatened, or reasonably anticipated litigation; 10
600	600	(D) Negotiation of contracts for the purchase, lease, or sale of 11
601	601	goods, services, or real estate; 12
602	602	(E) Accusing any person of a crime or formally censuring any 13
603	603	person; 14
604	604	(F) Disclosure of trade secrets or commercial or financial 15
605	605	information that is privileged or confidential; 16
606	606	(G) Disclosure of information of a personal nature where 17
607	607	disclosure would constitute a clearly unwarranted invasion of personal privacy; 18
608	608	(H) Disclosure of investigative records compiled for law 19
609	609	enforcement purposes; 20
610	610	(I) Disclosure of information related to any investigative 21
611	611	reports prepared by or on behalf of or for use of the Commission or other 22
612	612	committee charged with responsibility of investigation or determination of 23
613	613	compliance issues pursuant to the Compact; or 24
614	614	(J) Matters specifically exempted from disclosure by federal or 25
615	615	member state statute. 26
616	616	(6) If a meeting, or portion of a meeting, is closed pursuant to this 27
617	617	provision, the Commission's legal counsel or designee shall certify that the meeting 28
618	618	may be closed and shall reference each relevant exempting provision. 29
619	619	(7) The Commission shall keep minutes that fully and clearly describe 30
620	620	all matters discussed in a meeting and shall provide a full and accurate summary of 31 33-LS0681\A
621	621	HB0138a -19- HB 138
622	622	New Text Underlined [DELETED TEXT BRACKETED]
623	623
624	624	actions taken, and the reasons therefore, including a description of the views 1
625	625	expressed. All documents considered in connection with an action shall be identified 2
626	626	in minutes. All minutes and documents of a closed meeting shall remain under seal, 3
627	627	subject to release by a majority vote of the Commission or order of a court of 4
628	628	competent jurisdiction. 5
629	629	(8) Financing of the Commission 6
630	630	(A) The Commission shall pay, or provide for the payment of, 7
631	631	the reasonable expenses of its establishment, organization, and ongoing 8
632	632	activities. 9
633	633	(B) The Commission may accept any and all appropriate 10
634	634	revenue sources, donations, and grants of money, equipment, supplies, 11
635	635	materials, and services. 12
636	636	(C) The Commission may levy on and collect an annual 13
637	637	assessment from each member state or impose fees on other parties to cover 14
638	638	the cost of the operations and activities of the Commission and its staff, which 15
639	639	must be in a total amount sufficient to cover its annual budget as approved 16
640	640	each year for which revenue is not provided by other sources. The aggregate 17
641	641	annual assessment amount shall be allocated based upon a formula to be 18
642	642	determined by the Commission, which shall promulgate a rule binding upon all 19
643	643	member states. 20
644	644	(9) The Commission shall not incur obligations of any kind prior to 21
645	645	securing the funds adequate to meet the same; nor shall the Commission pledge the 22
646	646	credit of any of the member states, except by and with the authority of the member 23
647	647	state. 24
648	648	(10) The Commission shall keep accurate accounts of all receipts and 25
649	649	disbursements. The receipts and disbursements of the Commission shall be subject to 26
650	650	the audit and accounting procedures established under its bylaws. However, all 27
651	651	receipts and disbursements of funds handled by the Commission shall be audited 28
652	652	yearly by a certified or licensed public accountant, and the report of the audit shall be 29
653	653	included in and become part of the annual report of the Commission. 30
654	654	(f) Qualified Immunity, Defense, and Indemnification 31 33-LS0681\A
655	655	HB 138 -20- HB0138a
656	656	New Text Underlined [DELETED TEXT BRACKETED]
657	657
658	658	(1) The members, officers, executive director, employees and 1
659	659	representatives of the Commission shall be immune from suit and liability, either 2
660	660	personally or in their official capacity, for any claim for damage to or loss of property 3
661	661	or personal injury or other civil liability caused by or arising out of any actual or 4
662	662	alleged act, error or omission that occurred, or that the person against whom the claim 5
663	663	is made had a reasonable basis for believing occurred within the scope of Commission 6
664	664	employment, duties or responsibilities; provided that nothing in this paragraph shall be 7
665	665	construed to protect any person from suit and/or liability for any damage, loss, injury, 8
666	666	or liability caused by the intentional or willful or wanton misconduct of that person. 9
667	667	(2) The Commission shall defend any member, officer, executive 10
668	668	director, employee or representative of the Commission in any civil action seeking to 11
669	669	impose liability arising out of any actual or alleged act, error, or omission that 12
670	670	occurred within the scope of Commission employment, duties, or responsibilities, or 13
671	671	that the person against whom the claim is made had a reasonable basis for believing 14
672	672	occurred within the scope of Commission employment, duties, or responsibilities; 15
673	673	provided that nothing herein shall be construed to prohibit that person from retaining 16
674	674	his or her own counsel; and provided further, that the actual or alleged act, error, or 17
675	675	omission did not result from that person's intentional or willful or wanton misconduct. 18
676	676	(3) The Commission shall indemnify and hold harmless any member, 19
677	677	officer, executive director, employee, or representative of the Commission for the 20
678	678	amount of any settlement or judgment obtained against that person arising out of any 21
679	679	actual or alleged act, error or omission that occurred within the scope of Commission 22
680	680	employment, duties, or responsibilities, or that person had a reasonable basis for 23
681	681	believing occurred within the scope of Commission employment, duties, or 24
682	682	responsibilities, provided that the actual or alleged act, error, or omission did not result 25
683	683	from the intentional or willful or wanton misconduct of that person. 26
684	684	SECTION 9. DATA SYSTEM 27
685	685	(a) The Commission shall provide for the development, maintenance, and 28
686	686	utilization of a coordinated database and reporting system containing licensure, 29
687	687	adverse action, and investigative information on all licensed i
688	688	ndividuals in member 30
689	689	states. 31 33-LS0681\A
690	690	HB0138a -21- HB 138
691	691	New Text Underlined [DELETED TEXT BRACKETED]
692	692
693	693	(b) Notwithstanding any other provision of state law to the contrary, a member 1
694	694	state shall submit a uniform data set to the data system on all individuals to whom this 2
695	695	Compact is applicable as required by the rules of the Commission, including: 3
696	696	(1) Identifying information; 4
697	697	(2) Licensure data; 5
698	698	(3) Adverse actions against a license or compact privilege; 6
699	699	(4) Non-confidential information related to alternative program 7
700	700	participation; 8
701	701	(5) Any denial of application for licensure, and the reason(s) for 9
702	702	denial; and 10
703	703	(6) Other information that may facilitate the administration of this 11
704	704	Compact, as determined by the rules of the Commission. 12
705	705	(c) Investigative information pertaining to a licensee in any member state shall 13
706	706	only be available to other member states. 14
707	707	(d) The Commission shall promptly notify all member states of any adverse 15
708	708	action taken against a licensee or an individual applying for a license. Adverse action 16
709	709	information pertaining to a licensee in any member state shall be available to any other 17
710	710	member state. 18
711	711	(e) Member states contributing information to the data system may designate 19
712	712	information that may not be shared with the public without the express permission of 20
713	713	the contributing state. 21
714	714	(f) Any information submitted to the data system that is subsequently required 22
715	715	to be expunged by the laws of the member state contributing the information shall be 23
716	716	removed from the data system. 24
717	717	SECTION 10. RULEMAKING 25
718	718	(a) The Commission shall exercise its rulemaking powers pursuant to the 26
719	719	criteria set forth in this Section and the rules adopted thereunder. Rules and 27
720	720	amendments shall become binding as of the date specified in each rule or amendment. 28
721	721	(b) If a majority of the legislatures of the member states rejects a rule, by 29
722	722	enactment of a statute or resolution in the same manner used to adopt the Compact 30
723	723	within 4 years of the date of adoption of the rule, the rule shall have no further force 31 33-LS0681\A
724	724	HB 138 -22- HB0138a
725	725	New Text Underlined [DELETED TEXT BRACKETED]
726	726
727	727	and effect in any member state. 1
728	728	(c) Rules or amendments to the rules shall be adopted at a regular or special 2
729	729	meeting of the Commission. 3
730	730	(d) Prior to promulgation and adoption of a final rule or rules by the 4
731	731	Commission, and at least thirty days in advance of the meeting at which the rule shall 5
732	732	be considered and voted upon, the Commission shall file a Notice of Proposed 6
733	733	Rulemaking: 7
734	734	(1) On the website of the Commission or other publicly accessible 8
735	735	platform; and 9
736	736	(2) On the website of each member state audiology or speech-language 10
737	737	pathology licensing board or other publicly accessible platform or the publication in 11
738	738	which each state would otherwise publish proposed rules. 12
739	739	(e) The Notice of Proposed Rulemaking shall include: 13
740	740	(1) The proposed time, date, and location of the meeting in which the 14
741	741	rule shall be considered and voted upon; 15
742	742	(2) The text of the proposed rule or amendment and the reason for the 16
743	743	proposed rule; 17
744	744	(3) A request for comments on the proposed rule from any interested 18
745	745	person; and 19
746	746	(4) The manner in which interested persons may submit notice to the 20
747	747	Commission of their intention to attend the public hearing and any written comments. 21
748	748	(f) Prior to the adoption of a proposed rule, the Commission shall allow 22
749	749	persons to submit written data, facts, opinions and arguments, which shall be made 23
750	750	available to the public. 24
751	751	(g) The Commission shall grant an opportunity for a public hearing before it 25
752	752	adopts a rule or amendment if a hearing is requested by: 26
753	753	(1) At least twenty-five (25) persons; 27
754	754	(2) A state or federal governmental subdivision or agency; or 28
755	755	(3) An association having at least twenty-five (25) members. 29
756	756	(h) If a hearing is held on the proposed rule or amendment, the Commission 30
757	757	shall publish the place, time, and date of the scheduled public hearing. If the hearing is 31 33-LS0681\A
758	758	HB0138a -23- HB 138
759	759	New Text Underlined [DELETED TEXT BRACKETED]
760	760
761	761	held via electronic means, the Commission shall publish the mechanism for access to 1
762	762	the electronic hearing. 2
763	763	(1) All persons wishing to be heard at the hearing shall notify the 3
764	764	executive director of the Commission or other designated member in writing of their 4
765	765	desire to appear and testify at the hearing not less than five (5) business days before 5
766	766	the scheduled date of the hearing. 6
767	767	(2) Hearings shall be conducted in a manner providing each person 7
768	768	who wishes to comment a fair and reasonable opportunity to comment orally or in 8
769	769	writing. 9
770	770	(3) All hearings shall be recorded. A copy of the recording shall be 10
771	771	made available on request. 11
772	772	(4) Nothing in this section shall be construed as requiring a separate 12
773	773	hearing on each rule. Rules may be grouped for the convenience of the Commission at 13
774	774	hearings required by this section. 14
775	775	(i) Following the scheduled hearing date, or by the close of business on the 15
776	776	scheduled hearing date if the hearing was not held, the Commission shall consider all 16
777	777	written and oral comments received. 17
778	778	(j) If no written notice of intent to attend the public hearing by interested 18
779	779	parties is received, the Commission may proceed with promulgation of the proposed 19
780	780	rule without a public hearing. 20
781	781	(k) The Commission shall, by majority vote of all members, take final action 21
782	782	on the proposed rule and shall determine the effective date of the rule, if any, based on 22
783	783	the rulemaking record and the full text of the rule. 23
784	784	(l) Upon determination that an emergency exists, the Commission may 24
785	785	consider and adopt an emergency rule without prior notice, opportunity for comment, 25
786	786	or hearing, provided that the usual rulemaking procedures provided in the Compact 26
787	787	and in this section shall be retroactively applied to the rule as soon as reasonably 27
788	788	possible, in no event later than ninety (90) days after the effective date of the rule. For 28
789	789	the purposes of this provision, an emergency rule is one that must be adopted 29
790	790	immediately in order to: 30
791	791	(1) Meet an imminent threat to public health, safety, or welfare; 31 33-LS0681\A
792	792	HB 138 -24- HB0138a
793	793	New Text Underlined [DELETED TEXT BRACKETED]
794	794
795	795	(2) Prevent a loss of Commission or member state funds; or 1
796	796	(3) Meet a deadline for the promulgation of an administrative rule that 2
797	797	is established by federal law or rule. 3
798	798	(m) The Commission or an authorized committee of the Commission may 4
799	799	direct revisions to a previously adopted rule or amendment for purposes of correcting 5
800	800	typographical errors, errors in format, errors in consistency, or grammatical errors. 6
801	801	Public notice of any revisions shall be posted on the website of the Commission. The 7
802	802	revision shall be subject to challenge by any person for a period of thirty (30) days 8
803	803	after posting. The revision may be challenged only on grounds that the revision results 9
804	804	in a material change to a rule. A challenge shall be made in writing and delivered to 10
805	805	the chair of the Commission prior to the end of the notice period. If no challenge is 11
806	806	made, the revision shall take effect without further action. If the revision is challenged, 12
807	807	the revision may not take effect without the approval of the Commission. 13
808	808	SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 14
809	809	(a) Dispute Resolution 15
810	810	(1) Upon request by a member state, the Commission shall attempt to 16
811	811	resolve disputes related to the Compact that arise among member states and between 17
812	812	member and non-member states. 18
813	813	(2) The Commission shall promulgate a rule providing for both 19
814	814	mediation and binding dispute resolution for disputes as appropriate. 20
815	815	(b) Enforcement 21
816	816	(1) The Commission, in the reasonable exercise of its discretion, shall 22
817	817	enforce the provisions and rules of this Compact. 23
818	818	(2) By majority vote, the Commission may initiate legal action in the 24
819	819	United States District Court for the District of Columbia or the federal district where 25
820	820	the Commission has its principal offices against a member state in default to enforce 26
821	821	compliance with the provisions of the Compact and its promulgated rules and bylaws. 27
822	822	The relief sought may include both injunctive relief and damages. In the event judicial 28
823	823	enforcement is necessary, the prevailing member shall be awarded all costs of 29
824	824	litigation, including reasonable attorney's fees. 30
825	825	(3) The remedies herein shall not be the exclusive remedies of the 31 33-LS0681\A
826	826	HB0138a -25- HB 138
827	827	New Text Underlined [DELETED TEXT BRACKETED]
828	828
829	829	Commission. The Commission may pursue any other remedies available under federal 1
830	830	or state law. 2
831	831	SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 3
832	832	COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE 4
833	833	PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 5
834	834	AND AMENDMENT 6
835	835	(a) The Compact shall come into effect on the date on which the Compact 7
836	836	statute is enacted into law in the 10th member state. The provisions, which become 8
837	837	effective at that time, shall be limited to the powers granted to the Commission 9
838	838	relating to assembly and the promulgation of rules. Thereafter, the Commission shall 10
839	839	meet and exercise rulemaking powers necessary to the implementation and 11
840	840	administration of the Compact. 12
841	841	(b) Any state that joins the Compact subsequent to the Commission's initial 13
842	842	adoption of the rules shall be subject to the rules as they exist on the date on which the 14
843	843	Compact becomes law in that state. Any rule that has been previously adopted by the 15
844	844	Commission shall have the full force and effect of law on the day the Compact 16
845	845	becomes law in that state. 17
846	846	(c) Any member state may withdraw from this Compact by enacting a statute 18
847	847	repealing the same. 19
848	848	(1) A member state's withdrawal shall not take effect until six (6) 20
849	849	months after enactment of the repealing statute. 21
850	850	(2) Withdrawal shall not affect the continuing requirement of the 22
851	851	withdrawing state's audiology or speech-language pathology licensing board to 23
852	852	comply with the investigative and adverse action reporting requirements of this act 24
853	853	prior to the effective date of withdrawal. 25
854	854	(d) Nothing contained in this Compact shall be construed to invalidate or 26
855	855	prevent any audiology or speech-language pathology licensure agreement or other 27
856	856	cooperative arrangement between a member state and a non-member state that does 28
857	857	not conflict with the provisions of this Compact. 29
858	858	(e) This Compact may be amended by the member states. No amendment to 30
859	859	this Compact shall become effective and binding upon any member state until it is 31 33-LS0681\A
860	860	HB 138 -26- HB0138a
861	861	New Text Underlined [DELETED TEXT BRACKETED]
862	862
863	863	enacted into the laws of all member states. 1
864	864	SECTION 13. CONSTRUCTION AND SEVERABILITY 2
865	865	This Compact shall be liberally construed so as to effectuate the purposes 3
866	866	thereof. The provisions of this Compact shall be severable and if any phrase, clause, 4
867	867	sentence or provision of this Compact is declared to be contrary to the constitution of 5
868	868	any member state or of the United States or the applicability thereof to any 6
869	869	government, agency, person or circumstance is held invalid, the validity of the 7
870	870	remainder of this Compact and the applicability thereof to any government, agency, 8
871	871	person or circumstance shall not be affected thereby. If this Compact shall be held 9
872	872	contrary to the constitution of any member state, the Compact shall remain in full 10
873	873	force and effect as to the remaining member states and in full force and effect as to the 11
874	874	member state affected as to all severable matters. 12
875	875	SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 13
876	876	(a) Nothing herein prevents the enforcement of any other law of a member 14
877	877	state that is not inconsistent with the Compact. 15
878	878	(b) All laws in a member state in conflict with the Compact are superseded to 16
879	879	the extent of the conflict. 17
880	880	(c) All lawful actions of the Commission, including all rules and bylaws 18
881	881	promulgated by the Commission, are binding upon the member states. 19
882	882	(d) All agreements between the Commission and the member states are 20
883	883	binding in accordance with their terms. 21
884	884	(e) In the event any provision of the Compact exceeds the constitutional limits 22
885	885	imposed on the legislature of any member state, the provision shall be ineffective to 23
886	886	the extent of the conflict with the constitutional provision in question in that member 24
887	887	state. 25
888	888	* Sec. 6. AS 12.62.400(a), as amended by sec. 156, ch. 8, SLA 2022, is amended to read: 26
889	889	(a) To obtain a national criminal history record check for determining a 27
890	890	person's qualifications for a license, permit, registration, employment, or position, a 28
891	891	person shall submit the person's fingerprints to the department with the fee established 29
892	892	by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 30
893	893	of Investigation to obtain a national criminal history record check of the person for the 31 33-LS0681\A
894	894	HB0138a -27- HB 138
895	895	New Text Underlined [DELETED TEXT BRACKETED]
896	896
897	897	purpose of evaluating a person's qualifications for 1
898	898	(1) a license or conditional contractor's permit to manufacture, sell, 2
899	899	offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 3
900	900	under AS 04.09; 4
901	901	(2) licensure as a mortgage lender, a mortgage broker, or a mortgage 5
902	902	loan originator under AS 06.60; 6
903	903	(3) admission to the Alaska Bar Association under AS 08.08; 7
904	904	(4) licensure as a collection agency operator under AS 08.24; 8
905	905	(5) a certificate of fitness to handle explosives under AS 08.52; 9
906	906	(6) licensure as a massage therapist under AS 08.61; 10
907	907	(7) licensure to practice nursing or certification as a nurse aide under 11
908	908	AS 08.68; 12
909	909	(8) certification as a real estate appraiser under AS 08.87; 13
910	910	(9) a position involving supervisory or disciplinary power over a minor 14
911	911	or dependent adult for which criminal justice information may be released under 15
912	912	AS 12.62.160(b)(9); 16
913	913	(10) a teacher certificate under AS 14.20; 17
914	914	(11) a registration or license to operate a marijuana establishment 18
915	915	under AS 17.38; 19
916	916	(12) admittance to a police training program under AS 18.65.230 or for 20
917	917	certification as a police officer under AS 18.65.240 if that person's prospective 21
918	918	employer does not have access to a criminal justice information system; 22
919	919	(13) licensure as a security guard under AS 18.65.400 - 18.65.490; 23
920	920	(14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 24
921	921	(15) licensure as an insurance producer, managing general agent, 25
922	922	reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 26
923	923	broker, or independent adjuster under AS 21.27; 27
924	924	(16) serving and executing process issued by a court by a person 28
925	925	designated under AS 22.20.130; 29
926	926	(17) a school bus driver license under AS 28.15.046; 30
927	927	(18) licensure as an operator or an instructor for a commercial driver 31 33-LS0681\A
928	928	HB 138 -28- HB0138a
929	929	New Text Underlined [DELETED TEXT BRACKETED]
930	930
931	931	training school under AS 28.17; 1
932	932	(19) registration as a broker-dealer, agent, investment adviser 2
933	933	representative, or investment adviser under AS 45.56.300 - 45.56.350; 3
934	934	(20) licensure, license renewal, certification, certification renewal, or 4
935	935	payment from the Department of Health of an individual and an entity subject to the 5
936	936	requirements for a criminal history check under AS 47.05.310, including 6
937	937	(A) a public home care provider described in AS 47.05.017; 7
938	938	(B) a provider of home and community-based waiver services 8
939	939	financed under AS 47.07.030(c); 9
940	940	(C) a case manager to coordinate community mental health 10
941	941	services under AS 47.30.530; 11
942	942	(D) an entity listed in AS 47.32.010(b) and (c), including an 12
943	943	owner, officer, director, member, partner, employee, volunteer, or contractor of 13
944	944	an entity; or 14
945	945	(E) an individual or entity not described in (A) - (D) of this 15
946	946	paragraph that is required by statute or regulation to be licensed or certified by 16
947	947	the Department of Health or that is eligible to receive payments, in whole or in 17
948	948	part, from the Department of Health to provide for the health, safety, and 18
949	949	welfare of persons who are served by the programs administered by the 19
950	950	Department of Health; 20
951	951	(21) employment as a village public safety officer under AS 18.65.672 21
952	952	or certification as a village public safety officer under AS 18.65.682; 22
953	953	(22) licensure, license renewal, certification, or certification renewal 23
954	954	by the Department of Family and Community Services of an individual or entity, or 24
955	955	payment from the Department of Family and Community Services to an individual or 25
956	956	entity, subject to the requirements for a criminal history check under AS 47.05.310 for 26
957	957	a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 27
958	958	including an owner, officer, director, member, partner, employee, volunteer, or 28
959	959	contractor of an entity; 29
960	960	(23) licensure to practice audiology or speech-language pathology 30
961	961	under AS 08.11. 31 33-LS0681\A
962	962	HB0138a -29- HB 138
963	963	New Text Underlined [DELETED TEXT BRACKETED]
964	964
965	965	* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 1
966	966	read: 2
967	967	TRANSITION: EFFECT ON CURRENT LICENSEES. On and after the effective 3
968	968	date of secs. 1, 2, and 6 of this Act, a person who holds a valid license to practice audiology 4
969	969	or speech-language pathology on the effective date of secs. 1, 2, and 6 of this Act may 5
970	970	continue to engage in the practice of audiology or speech-language pathology under the 6
971	971	license until the license expires normally under AS 08.11. 7
972	972	* Sec. 8. This Act takes effect July 1, 2024. 8