| 52 | | - | Relating to an audiology and speech-language interstate compact; relating to the practice of 1 |
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| 53 | | - | audiology and the practice of speech-language pathology; and providing for an effective date. 2 |
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| 54 | | - | _______________ 3 |
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| 55 | | - | * Section 1. AS 08.11.010 is amended to read: 4 |
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| 56 | | - | Sec. 08.11.010. Qualifications for audiologist license. The department shall 5 |
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| 57 | | - | issue a license to practice audiology to an individual who 6 |
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| 58 | | - | (1) is 18 years of age or older; 7 |
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| 59 | | - | (2) applies on a form provided by the department; 8 |
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| 60 | | - | (3) pays the fee required under AS 08.11.050; 9 |
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| 61 | | - | (4) furnishes evidence satisfactory to the department that the person 10 |
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| 62 | | - | (A) has not engaged in conduct that is a ground for imposing 11 |
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| 63 | | - | disciplinary sanctions under AS 08.11.080; 12 |
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| 64 | | - | (B) holds a master's degree or doctorate in audiology from an 13 |
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| 65 | | - | accredited educational institution approved by the department; and either has 14 |
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| 66 | | - | (i) a Certificate of Clinical Competence in Audiology 15 |
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| 67 | | - | Enrolled SB 75 -2- |
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| 68 | | - | from the American Speech-Language-Hearing Association or the 1 |
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| 69 | | - | equivalent of the certificate; or 2 |
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| 70 | | - | (ii) practiced audiology for two years as of January 1, 3 |
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| 71 | | - | 1986, or is in the process of completing the year of supervised clinical 4 |
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| 72 | | - | experience required for the Certificate of Clinical Competence of the 5 |
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| 73 | | - | American Speech-Language-Hearing Association; and 6 |
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| 74 | | - | (5) has been fingerprinted and has provided the fees required by 7 |
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| 75 | | - | the Department of Public Safety under AS 12.62.160 for criminal justice 8 |
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| 76 | | - | information and a national criminal history record check; the fingerprints and 9 |
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| 77 | | - | fees shall be forwarded to the Department of Public Safety to obtain a report of 10 |
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| 78 | | - | criminal justice information under AS 12.62 and a national criminal history 11 |
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| 79 | | - | record check under AS 12.62.400. 12 |
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| 80 | | - | * Sec. 2. AS 08.11.015 is amended to read: 13 |
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| 81 | | - | Sec. 08.11.015. Qualifications for speech-language pathologist license. The 14 |
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| 82 | | - | department shall issue a license to practice speech-language pathology to an individual 15 |
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| 83 | | - | who 16 |
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| 84 | | - | (1) is 18 years of age or older; 17 |
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| 85 | | - | (2) applies on a form provided by the department; 18 |
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| 86 | | - | (3) pays the fee required under AS 08.11.050; 19 |
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| 87 | | - | (4) has not engaged in conduct that is a ground for imposing 20 |
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| 88 | | - | disciplinary sanctions under AS 08.11.085; [AND] 21 |
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| 89 | | - | (5) furnishes evidence satisfactory to the department that the person 22 |
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| 90 | | - | holds a Certificate of Clinical Competence in speech-language pathology from the 23 |
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| 91 | | - | American Speech-Language-Hearing Association or the equivalent of the certificate; 24 |
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| 92 | | - | and 25 |
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| 93 | | - | (6) has been fingerprinted and has provided the fees required by 26 |
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| 94 | | - | the Department of Public Safety under AS 12.62.160 for criminal justice 27 |
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| 95 | | - | information and a national criminal history record check; the fingerprints and 28 |
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| 96 | | - | fees shall be forwarded to the Department of Public Safety to obtain a report of 29 |
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| 97 | | - | criminal justice information under AS 12.62 and a national criminal history 30 |
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| 98 | | - | record check under AS 12.62.400. 31 |
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| 99 | | - | -3- Enrolled SB 75 |
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| 100 | | - | * Sec. 3. AS 08.11 is amended by adding a new section to read: 1 |
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| 101 | | - | Sec. 08.11.017. Exemption from criminal justice information and criminal 2 |
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| 102 | | - | history record check. An audiologist or speech-language pathologist holding a valid 3 |
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| 103 | | - | license under this chapter on July 1, 2024, is exempt from the requirements of 4 |
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| 104 | | - | AS 08.11.010(5) and 08.11.015(6), but is otherwise subject to this chapter. 5 |
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| 105 | | - | * Sec. 4. AS 08.11.050 is amended to read: 6 |
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| 106 | | - | Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for 7 |
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| 107 | | - | each of the following: 8 |
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| 108 | | - | (1) application; 9 |
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| 109 | | - | (2) credential review; 10 |
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| 110 | | - | (3) audiologist license and speech-language pathologist license; 11 |
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| 111 | | - | (4) temporary license; 12 |
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| 112 | | - | (5) renewal of license; 13 |
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| 113 | | - | (6) delinquency; 14 |
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| 114 | | - | (7) reinstatement; 15 |
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| 115 | | - | (8) duplicate license; 16 |
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| 116 | | - | (9) speech-language pathologist assistant registration application and 17 |
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| 117 | | - | renewal; 18 |
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| 118 | | - | (10) compact privilege. 19 |
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| 119 | | - | * Sec. 5. AS 08.11.100 is amended to read: 20 |
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| 120 | | - | Sec. 08.11.100. Prohibited acts. (a) Unless a person is licensed or granted a 21 |
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| 121 | | - | compact privilege as an audiologist under this chapter, the person may not 22 |
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| 122 | | - | (1) practice audiology; 23 |
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| 123 | | - | (2) use a title indicating or representing that the person practices as an 24 |
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| 124 | | - | audiologist; 25 |
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| 125 | | - | (3) advertise that the person practices audiology. 26 |
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| 126 | | - | (b) Unless a person is licensed or granted a compact privilege as a speech-27 |
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| 127 | | - | language pathologist under this chapter, the person may not 28 |
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| 128 | | - | (1) practice speech-language pathology; 29 |
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| 129 | | - | (2) use a title indicating or representing that the person practices as a 30 |
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| 130 | | - | speech-language pathologist; 31 |
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| 131 | | - | Enrolled SB 75 -4- |
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| 132 | | - | (3) advertise that the person practices speech-language pathology. 1 |
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| 133 | | - | * Sec. 6. AS 08.11 is amended by adding a new section to read: 2 |
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| 134 | | - | Article 2. Audiology and Speech-Language Interstate Compact. 3 |
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| 135 | | - | Sec. 08.11.300. Audiology and speech-language interstate compact 4 |
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| 136 | | - | enacted. The Department of Commerce, Community, and Economic Development 5 |
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| 137 | | - | shall implement the audiology and speech-language interstate compact enacted under 6 |
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| 138 | | - | this section. 7 |
|---|
| 139 | | - | SECTION 1. PURPOSE 8 |
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| 140 | | - | The purpose of this Compact is to facilitate interstate practice of audiology and 9 |
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| 141 | | - | speech-language pathology with the goal of improving public access to audiology and 10 |
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| 142 | | - | speech-language pathology services. The practice of audiology and speech-language 11 |
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| 143 | | - | pathology occurs in the state where the patient/client/student is located at the time of 12 |
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| 144 | | - | the patient/client/student encounter. The Compact preserves the regulatory authority of 13 |
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| 145 | | - | states to protect public health and safety through the current system of state licensure. 14 |
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| 146 | | - | This Compact is designed to achieve the following objectives: 15 |
|---|
| 147 | | - | (1) Increase public access to audiology and speech-language pathology 16 |
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| 148 | | - | services by providing for the mutual recognition of other member state licenses; 17 |
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| 149 | | - | (2) Enhance the states' ability to protect the public's health and safety; 18 |
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| 150 | | - | (3) Encourage the cooperation of member states in regulating 19 |
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| 151 | | - | multistate audiology and speech-language pathology practice; 20 |
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| 152 | | - | (4) Support spouses of relocating active duty military personnel; 21 |
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| 153 | | - | (5) Enhance the exchange of licensure, investigative and disciplinary 22 |
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| 154 | | - | information between member states; 23 |
|---|
| 155 | | - | (6) Allow a remote state to hold a provider of services with a compact 24 |
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| 156 | | - | privilege in that state accountable to that state's practice standards; and 25 |
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| 157 | | - | (7) Allow for the use of telehealth technology to facilitate increased 26 |
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| 158 | | - | access to audiology and speech-language pathology services. 27 |
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| 159 | | - | SECTION 2. DEFINITIONS 28 |
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| 160 | | - | As used in this Compact, and except as otherwise provided, the following 29 |
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| 161 | | - | definitions shall apply: 30 |
|---|
| 162 | | - | (1) "Active duty military" means full-time duty status in the active |
|---|
| 163 | | - | 31 |
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| 164 | | - | -5- Enrolled SB 75 |
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| 165 | | - | uniformed service of the United States, including members of the National Guard and 1 |
|---|
| 166 | | - | Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211. 2 |
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| 167 | | - | (2) "Adverse action" means any administrative, civil, equitable or 3 |
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| 168 | | - | criminal action permitted by a state's laws which is imposed by a licensing board or 4 |
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| 169 | | - | other authority against an audiologist or speech-language pathologist, including 5 |
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| 170 | | - | actions against an individual's license or privilege to practice such as revocation, 6 |
|---|
| 171 | | - | suspension, probation, monitoring of the licensee, or restriction on the licensee's 7 |
|---|
| 172 | | - | practice. 8 |
|---|
| 173 | | - | (3) "Alternative program" means a non-disciplinary monitoring 9 |
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| 174 | | - | process approved by an audiology or speech-language pathology licensing board to 10 |
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| 175 | | - | address impaired practitioners. 11 |
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| 176 | | - | (4) "Audiologist" means an individual who is licensed by a state to 12 |
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| 177 | | - | practice audiology. 13 |
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| 178 | | - | (5) "Audiology" means the care and services provided by a licensed 14 |
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| 179 | | - | audiologist as set forth in the member state's statutes and rules. 15 |
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| 180 | | - | (6) "Audiology and Speech-Language Pathology Compact 16 |
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| 181 | | - | Commission" or "Commission" means the national administrative body whose 17 |
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| 182 | | - | membership consists of all states that have enacted the Compact. 18 |
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| 183 | | - | (7) "Audiology and speech-language pathology licensing board," 19 |
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| 184 | | - | "audiology licensing board," "speech-language pathology licensing board," or 20 |
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| 185 | | - | "licensing board" means the agency of a state that is responsible for the licensing and 21 |
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| 186 | | - | regulation of audiologists and/or speech-language pathologists. 22 |
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| 187 | | - | (8) "Compact privilege" means the authorization granted by a remote 23 |
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| 188 | | - | state to allow a licensee from another member state to practice as an audiologist or 24 |
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| 189 | | - | speech-language pathologist in the remote state under its laws and rules. The practice 25 |
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| 190 | | - | of audiology or speech-language pathology occurs in the member state where the 26 |
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| 191 | | - | patient/client/student is located at the time of the patient/client/student encounter. 27 |
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| 192 | | - | (9) "Current significant investigative information" means investigative 28 |
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| 193 | | - | information that a licensing board, after an inquiry or investigation that includes 29 |
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| 194 | | - | notification and an opportunity for the audiologist or speech-language pathologist to 30 |
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| 195 | | - | respond, if required by state law, has reason to believe is not |
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| 196 | | - | groundless and, if proved 31 |
|---|
| 197 | | - | Enrolled SB 75 -6- |
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| 198 | | - | true, would indicate more than a minor infraction. 1 |
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| 199 | | - | (10) "Data system" means a repository of information about licensees, 2 |
|---|
| 200 | | - | including, but not limited to, continuing education, examination, licensure, 3 |
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| 201 | | - | investigative, compact privilege and adverse action. 4 |
|---|
| 202 | | - | (11) "Encumbered license" means a license in which an adverse action 5 |
|---|
| 203 | | - | restricts the practice of audiology or speech-language pathology by the licensee and 6 |
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| 204 | | - | said adverse action has been reported to the National Practitioners Data Bank (NPDB). 7 |
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| 205 | | - | (12) "Executive Committee" means a group of directors elected or 8 |
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| 206 | | - | appointed to act on behalf of, and within the powers granted to them by, the 9 |
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| 207 | | - | Commission. 10 |
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| 208 | | - | (13) "Home state" means the member state that is the licensee's 11 |
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| 209 | | - | primary state of residence. 12 |
|---|
| 210 | | - | (14) "Impaired practitioner" means individuals whose professional 13 |
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| 211 | | - | practice is adversely affected by substance abuse, addiction, or other health-related 14 |
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| 212 | | - | conditions. 15 |
|---|
| 213 | | - | (15) "Licensee" means an individual who currently holds an 16 |
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| 214 | | - | authorization from the state licensing board to practice as an audiologist or speech-17 |
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| 215 | | - | language pathologist. 18 |
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| 216 | | - | (16) "Member state" means a state that has enacted the Compact. 19 |
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| 217 | | - | (17) "Privilege to practice" means a legal authorization permitting the 20 |
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| 218 | | - | practice of audiology or speech-language pathology in a remote state. 21 |
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| 219 | | - | (18) "Remote state" means a member state other than the home state 22 |
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| 220 | | - | where a licensee is exercising or seeking to exercise the compact privilege. 23 |
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| 221 | | - | (19) "Rule" means a regulation, principle or directive promulgated by 24 |
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| 222 | | - | the Commission that has the force of law. 25 |
|---|
| 223 | | - | (20) "Single-state license" means an audiology or speech-language 26 |
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| 224 | | - | pathology license issued by a member state that authorizes practice only within the 27 |
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| 225 | | - | issuing state and does not include a privilege to practice in any other member state. 28 |
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| 226 | | - | (21) "Speech-language pathologist" means an individual who is 29 |
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| 227 | | - | licensed by a state to practice speech-language pathology. 30 |
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| 228 | | - | (22) "Speech-language pathology" means the care and services 31 |
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| 229 | | - | -7- Enrolled SB 75 |
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| 230 | | - | provided by a licensed speech-language pathologist as set forth in the member state's 1 |
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| 231 | | - | statutes and rules. 2 |
|---|
| 232 | | - | (23) "State" means any state, commonwealth, district or territory of the 3 |
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| 233 | | - | United States of America that regulates the practice of audiology and speech-language 4 |
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| 234 | | - | pathology. 5 |
|---|
| 235 | | - | (24) "State practice laws" means a member state's laws, rules and 6 |
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| 236 | | - | regulations that govern the practice of audiology or speech-language pathology, define 7 |
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| 237 | | - | the scope of audiology or speech-language pathology practice, and create the methods 8 |
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| 238 | | - | and grounds for imposing discipline. 9 |
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| 239 | | - | (25) "Telehealth" means the application of telecommunication 10 |
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| 240 | | - | technology to deliver audiology or speech-language pathology services at a distance 11 |
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| 241 | | - | for assessment, intervention and/or consultation. 12 |
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| 242 | | - | SECTION 3. STATE PARTICIPATION IN THE COMPACT 13 |
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| 243 | | - | (a) A license issued to an audiologist or speech-language pathologist by a 14 |
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| 244 | | - | home state to a resident in that state shall be recognized by each member state as 15 |
|---|
| 245 | | - | authorizing an audiologist or speech-language pathologist to practice audiology or 16 |
|---|
| 246 | | - | speech-language pathology, under a privilege to practice, in each member state. 17 |
|---|
| 247 | | - | (b) A state must implement or utilize procedures for considering the criminal 18 |
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| 248 | | - | history records of applicants for initial privilege to practice. These procedures shall 19 |
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| 249 | | - | include the submission of fingerprints or other biometric-based information by 20 |
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| 250 | | - | applicants for the purpose of obtaining an applicant's criminal history record 21 |
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| 251 | | - | information from the Federal Bureau of Investigation and the agency responsible for 22 |
|---|
| 252 | | - | retaining that state's criminal records. 23 |
|---|
| 253 | | - | (1) A member state must fully implement a criminal background check 24 |
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| 254 | | - | requirement, within a time frame established by rule, by receiving the results of the 25 |
|---|
| 255 | | - | Federal Bureau of Investigation record search on criminal background checks and use 26 |
|---|
| 256 | | - | the results in making licensure decisions. 27 |
|---|
| 257 | | - | (2) Communication between a member state, the Commission and 28 |
|---|
| 258 | | - | among member states regarding the verification of eligibility for licensure through the 29 |
|---|
| 259 | | - | Compact shall not include any information received from the Federal Bureau of 30 |
|---|
| 260 | | - | Investigation relating to a federal criminal records check performed by a member state 31 |
|---|
| 261 | | - | Enrolled SB 75 -8- |
|---|
| 262 | | - | under Public Law 92-544. 1 |
|---|
| 263 | | - | (c) Upon application for a privilege to practice, the licensing board in the 2 |
|---|
| 264 | | - | issuing remote state shall ascertain, through the data system, whether the applicant has 3 |
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| 265 | | - | ever held, or is the holder of, a license issued by any other state, whether there are any 4 |
|---|
| 266 | | - | encumbrances on any license or privilege to practice held by the applicant, whether 5 |
|---|
| 267 | | - | any adverse action has been taken against any license or privilege to practice held by 6 |
|---|
| 268 | | - | the applicant. 7 |
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| 269 | | - | (d) Each member state shall require an applicant to obtain or retain a license in 8 |
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| 270 | | - | the home state and meet the home state's qualifications for licensure or renewal of 9 |
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| 271 | | - | licensure, as well as, all other applicable state laws. 10 |
|---|
| 272 | | - | (e) For an audiologist: 11 |
|---|
| 273 | | - | (1) Must meet one of the following educational requirements: 12 |
|---|
| 274 | | - | (A) On or before, Dec. 31, 2007, has graduated with a master's 13 |
|---|
| 275 | | - | degree or doctorate in audiology, or equivalent degree regardless of degree 14 |
|---|
| 276 | | - | name, from a program that is accredited by an accrediting agency recognized 15 |
|---|
| 277 | | - | by the Council for Higher Education Accreditation, or its successor, or by the 16 |
|---|
| 278 | | - | United States Department of Education and operated by a college or university 17 |
|---|
| 279 | | - | accredited by a regional or national accrediting organization recognized by the 18 |
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| 280 | | - | board; or 19 |
|---|
| 281 | | - | (B) On or after, Jan. 1, 2008, has graduated with a Doctoral 20 |
|---|
| 282 | | - | degree in audiology, or equivalent degree, regardless of degree name, from a 21 |
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| 283 | | - | program that is accredited by an accrediting agency recognized by the Council 22 |
|---|
| 284 | | - | for Higher Education Accreditation, or its successor, or by the United States 23 |
|---|
| 285 | | - | Department of Education and operated by a college or university accredited by 24 |
|---|
| 286 | | - | a regional or national accrediting organization recognized by the board; or 25 |
|---|
| 287 | | - | (C) Has graduated from an audiology program that is housed in 26 |
|---|
| 288 | | - | an institution of higher education outside of the United States 27 |
|---|
| 289 | | - | (i) for which the program and institution have been 28 |
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| 290 | | - | approved by the authorized accrediting body in the applicable country; 29 |
|---|
| 291 | | - | and 30 |
|---|
| 292 | | - | (ii) the degree program has been verified by an 31 |
|---|
| 293 | | - | -9- Enrolled SB 75 |
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| 294 | | - | independent credentials review agency to be comparable to a state 1 |
|---|
| 295 | | - | licensing board-approved program. 2 |
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| 296 | | - | (2) Has completed a supervised clinical practicum experience from an 3 |
|---|
| 297 | | - | accredited educational institution or its cooperating programs as required by the 4 |
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| 298 | | - | Commission; 5 |
|---|
| 299 | | - | (3) Has successfully passed a national examination approved by the 6 |
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| 300 | | - | Commission; 7 |
|---|
| 301 | | - | (4) Holds an active, unencumbered license; 8 |
|---|
| 302 | | - | (5) Has not been convicted or found guilty, and has not entered into an 9 |
|---|
| 303 | | - | agreed disposition, of a felony related to the practice of audiology, under applicable 10 |
|---|
| 304 | | - | state or federal criminal law; 11 |
|---|
| 305 | | - | (6) Has a valid United States Social Security or National Practitioner 12 |
|---|
| 306 | | - | Identification number. 13 |
|---|
| 307 | | - | (f) For a speech-language pathologist: 14 |
|---|
| 308 | | - | (1) Must meet one of the following educational requirements: 15 |
|---|
| 309 | | - | (A) Has graduated with a master's degree from a speech-16 |
|---|
| 310 | | - | language pathology program that is accredited by an organization recognized 17 |
|---|
| 311 | | - | by the United States Department of Education and operated by a college or 18 |
|---|
| 312 | | - | university accredited by a regional or national accrediting organization 19 |
|---|
| 313 | | - | recognized by the board; or 20 |
|---|
| 314 | | - | (B) Has graduated from a speech-language pathology program 21 |
|---|
| 315 | | - | that is housed in an institution of higher education outside of the United States 22 |
|---|
| 316 | | - | (a) for which the program and institution have been approved by the authorized 23 |
|---|
| 317 | | - | accrediting body in the applicable country and (b) the degree program has been 24 |
|---|
| 318 | | - | verified by an independent credentials review agency to be comparable to a 25 |
|---|
| 319 | | - | state licensing board-approved program. 26 |
|---|
| 320 | | - | (2) Has completed a supervised clinical practicum experience from an 27 |
|---|
| 321 | | - | educational institution or its cooperating programs as required by the Commission; 28 |
|---|
| 322 | | - | (3) Has completed a supervised postgraduate professional experience 29 |
|---|
| 323 | | - | as required by the Commission; 30 |
|---|
| 324 | | - | (4) Has successfully passed a national examination approved by the 31 |
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| 325 | | - | Enrolled SB 75 -10- |
|---|
| 326 | | - | Commission; 1 |
|---|
| 327 | | - | (5) Holds an active, unencumbered license; 2 |
|---|
| 328 | | - | (6) Has not been convicted or found guilty, and has not entered into an 3 |
|---|
| 329 | | - | agreed disposition, of a felony related to the practice of speech-language pathology, 4 |
|---|
| 330 | | - | under applicable state or federal criminal law; 5 |
|---|
| 331 | | - | (7) Has a valid United States Social Security or National Practitioner 6 |
|---|
| 332 | | - | Identification number. 7 |
|---|
| 333 | | - | (g) The privilege to practice is derived from the home state license. 8 |
|---|
| 334 | | - | (h) An audiologist or speech-language pathologist practicing in a member 9 |
|---|
| 335 | | - | state must comply with the state practice laws of the state in which the client is located 10 |
|---|
| 336 | | - | at the time service is provided. The practice of audiology and speech-language 11 |
|---|
| 337 | | - | pathology shall include all audiology and speech-language pathology practice as 12 |
|---|
| 338 | | - | defined by the state practice laws of the member state in which the client is located. 13 |
|---|
| 339 | | - | The practice of audiology and speech-language pathology in a member state under a 14 |
|---|
| 340 | | - | privilege to practice shall subject an audiologist or speech-language pathologist to the 15 |
|---|
| 341 | | - | jurisdiction of the licensing board, the courts and the laws of the member state in 16 |
|---|
| 342 | | - | which the client is located at the time service is provided. 17 |
|---|
| 343 | | - | (i) Individuals not residing in a member state shall continue to be able to apply 18 |
|---|
| 344 | | - | for a member state's single-state license as provided under the laws of each member 19 |
|---|
| 345 | | - | state. However, the single-state license granted to these individuals shall not be 20 |
|---|
| 346 | | - | recognized as granting the privilege to practice audiology or speech-language 21 |
|---|
| 347 | | - | pathology in any other member state. Nothing in this Compact shall affect the 22 |
|---|
| 348 | | - | requirements established by a member state for the issuance of a single-state license. 23 |
|---|
| 349 | | - | (j) Member states may charge a fee for granting a compact privilege. 24 |
|---|
| 350 | | - | (k) Member states must comply with the bylaws and rules and regulations of 25 |
|---|
| 351 | | - | the Commission. 26 |
|---|
| 352 | | - | SECTION 4. COMPACT PRIVILEGE 27 |
|---|
| 353 | | - | (a) To exercise the compact privilege under the terms and provisions of the 28 |
|---|
| 354 | | - | Compact, the audiologist or speech-language pathologist shall: 29 |
|---|
| 355 | | - | (1) Hold an active license in the home state; 30 |
|---|
| 356 | | - | (2) Have no encumbrance on any state license; 31 |
|---|
| 357 | | - | -11- Enrolled SB 75 |
|---|
| 358 | | - | (3) Be eligible for a compact privilege in any member state in 1 |
|---|
| 359 | | - | accordance with Section 3; 2 |
|---|
| 360 | | - | (4) Have not had any adverse action against any license or compact 3 |
|---|
| 361 | | - | privilege within the previous 2 years from date of application; 4 |
|---|
| 362 | | - | (5) Notify the Commission that the licensee is seeking the compact 5 |
|---|
| 363 | | - | privilege within a remote state(s); 6 |
|---|
| 364 | | - | (6) Pay any applicable fees, including any state fee, for the compact 7 |
|---|
| 365 | | - | privilege; 8 |
|---|
| 366 | | - | (7) Report to the Commission adverse action taken by any non-9 |
|---|
| 367 | | - | member state within 30 days from the date the adverse action is taken. 10 |
|---|
| 368 | | - | (b) For the purposes of the compact privilege, an audiologist or speech-11 |
|---|
| 369 | | - | language pathologist shall only hold one home state license at a time. 12 |
|---|
| 370 | | - | (c) Except as provided in Section 6, if an audiologist or speech-language 13 |
|---|
| 371 | | - | pathologist changes primary state of residence by moving between two member states, 14 |
|---|
| 372 | | - | the audiologist or speech-language pathologist must apply for licensure in the new 15 |
|---|
| 373 | | - | home state, and the license issued by the prior home state shall be deactivated in 16 |
|---|
| 374 | | - | accordance with applicable rules adopted by the Commission. 17 |
|---|
| 375 | | - | (d) The audiologist or speech-language pathologist may apply for licensure in 18 |
|---|
| 376 | | - | advance of a change in primary state of residence. 19 |
|---|
| 377 | | - | (e) A license shall not be issued by the new home state until the audiologist or 20 |
|---|
| 378 | | - | speech-language pathologist provides satisfactory evidence of a change in primary 21 |
|---|
| 379 | | - | state of residence to the new home state and satisfies all applicable requirements to 22 |
|---|
| 380 | | - | obtain a license from the new home state. 23 |
|---|
| 381 | | - | (f) If an audiologist or speech-language pathologist changes primary state of 24 |
|---|
| 382 | | - | residence by moving from a member state to a non-member state, the license issued by 25 |
|---|
| 383 | | - | the prior home state shall convert to a single-state license, valid only in the former 26 |
|---|
| 384 | | - | home state. 27 |
|---|
| 385 | | - | (g) The compact privilege is valid until the expiration date of the home state 28 |
|---|
| 386 | | - | license. The licensee must comply with the requirements of Section 4(a) to maintain 29 |
|---|
| 387 | | - | the compact privilege in the remote state. 30 |
|---|
| 388 | | - | (h) A licensee providing audiology or speech-language pathology services in a 31 |
|---|
| 389 | | - | Enrolled SB 75 -12- |
|---|
| 390 | | - | remote state under the compact privilege shall function within the laws and regulations 1 |
|---|
| 391 | | - | of the remote state. 2 |
|---|
| 392 | | - | (i) A licensee providing audiology or speech-language pathology services in a 3 |
|---|
| 393 | | - | remote state is subject to that state's regulatory authority. A remote state may, in 4 |
|---|
| 394 | | - | accordance with due process and that state's laws, remove a licensee's compact 5 |
|---|
| 395 | | - | privilege in the remote state for a specific period of time, impose fines, and/or take any 6 |
|---|
| 396 | | - | other necessary actions to protect the health and safety of its citizens. 7 |
|---|
| 397 | | - | (j) If a home state license is encumbered, the licensee shall lose the compact 8 |
|---|
| 398 | | - | privilege in any remote state until the following occur: 9 |
|---|
| 399 | | - | (1) The home state license is no longer encumbered; and 10 |
|---|
| 400 | | - | (2) Two years have elapsed from the date of the adverse action. 11 |
|---|
| 401 | | - | (k) Once an encumbered license in the home state is restored to good standing, 12 |
|---|
| 402 | | - | the licensee must meet the requirements of Section 4(a) to obtain a compact privilege 13 |
|---|
| 403 | | - | in any remote state. 14 |
|---|
| 404 | | - | (l) Once the requirements of Section 4(j) have been met, the licensee must 15 |
|---|
| 405 | | - | meet the requirements in Section 4(a) to obtain a compact privilege in a remote state. 16 |
|---|
| 406 | | - | SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 17 |
|---|
| 407 | | - | Member states shall recognize the right of an audiologist or speech-language 18 |
|---|
| 408 | | - | pathologist, licensed by a home state in accordance with Section 3 and under rules 19 |
|---|
| 409 | | - | promulgated by the Commission, to practice audiology or speech-language pathology 20 |
|---|
| 410 | | - | in any member state via telehealth under a privilege to practice as provided in the 21 |
|---|
| 411 | | - | Compact and rules promulgated by the Commission. 22 |
|---|
| 412 | | - | SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 23 |
|---|
| 413 | | - | Active duty military personnel, or their spouse, shall designate a home state 24 |
|---|
| 414 | | - | where the individual has a current license in good standing. The individual may retain 25 |
|---|
| 415 | | - | the home state designation during the period the service member is on active duty. 26 |
|---|
| 416 | | - | Subsequent to designating a home state, the individual shall only change their home 27 |
|---|
| 417 | | - | state through application for licensure in the new state. 28 |
|---|
| 418 | | - | SECTION 7. ADVERSE ACTIONS 29 |
|---|
| 419 | | - | (a) In addition to the other powers conferred by state law, a remote state shall 30 |
|---|
| 420 | | - | have the authority, in accordance with existing state due process law, to: 31 |
|---|
| 421 | | - | -13- Enrolled SB 75 |
|---|
| 422 | | - | (1) Take adverse action against an audiologist's or speech-language 1 |
|---|
| 423 | | - | pathologist's privilege to practice within that member state. 2 |
|---|
| 424 | | - | (2) Issue subpoenas for both hearings and investigations that require 3 |
|---|
| 425 | | - | the attendance and testimony of witnesses as well as the production of evidence. 4 |
|---|
| 426 | | - | Subpoenas issued by a licensing board in a member state for the attendance and 5 |
|---|
| 427 | | - | testimony of witnesses or the production of evidence from another member state shall 6 |
|---|
| 428 | | - | be enforced in the latter state by any court of competent jurisdiction, according to the 7 |
|---|
| 429 | | - | practice and procedure of that court applicable to subpoenas issued in proceedings 8 |
|---|
| 430 | | - | pending before it. The issuing authority shall pay any witness fees, travel expenses, 9 |
|---|
| 431 | | - | mileage and other fees required by the service statutes of the state in which the 10 |
|---|
| 432 | | - | witnesses or evidence are located. 11 |
|---|
| 433 | | - | (3) Only the home state shall have the power to take adverse action 12 |
|---|
| 434 | | - | against an audiologist's or speech-language pathologist's license issued by the home 13 |
|---|
| 435 | | - | state. 14 |
|---|
| 436 | | - | (b) For purposes of taking adverse action, the home state shall give the same 15 |
|---|
| 437 | | - | priority and effect to reported conduct received from a member state as it would if the 16 |
|---|
| 438 | | - | conduct had occurred within the home state. In so doing, the home state shall apply its 17 |
|---|
| 439 | | - | own state laws to determine appropriate action. 18 |
|---|
| 440 | | - | (c) The home state shall complete any pending investigations of an audiologist 19 |
|---|
| 441 | | - | or speech-language pathologist who changes primary state of residence during the 20 |
|---|
| 442 | | - | course of the investigations. The home state shall also have the authority to take 21 |
|---|
| 443 | | - | appropriate action(s) and shall promptly report the conclusions of the investigations to 22 |
|---|
| 444 | | - | the administrator of the data system. The administrator of the coordinated licensure 23 |
|---|
| 445 | | - | information system shall promptly notify the new home state of any adverse actions. 24 |
|---|
| 446 | | - | (d) If otherwise permitted by state law, the member state may recover from the 25 |
|---|
| 447 | | - | affected audiologist or speech-language pathologist the costs of investigations and 26 |
|---|
| 448 | | - | disposition of cases resulting from any adverse action taken against that audiologist or 27 |
|---|
| 449 | | - | speech-language pathologist. 28 |
|---|
| 450 | | - | (e) The member state may take adverse action based on the factual findings of 29 |
|---|
| 451 | | - | the remote state, provided that the member state follows the member state's own 30 |
|---|
| 452 | | - | procedures for taking the adverse action. 31 |
|---|
| 453 | | - | Enrolled SB 75 -14- |
|---|
| 454 | | - | (f) Joint Investigations 1 |
|---|
| 455 | | - | (1) In addition to the authority granted to a member state by its 2 |
|---|
| 456 | | - | respective audiology or speech-language pathology practice act or other applicable 3 |
|---|
| 457 | | - | state law, any member state may participate with other member states in joint 4 |
|---|
| 458 | | - | investigations of licensees. 5 |
|---|
| 459 | | - | (2) Member states shall share any investigative, litigation, or 6 |
|---|
| 460 | | - | compliance materials in furtherance of any joint or individual investigation initiated 7 |
|---|
| 461 | | - | under the Compact. 8 |
|---|
| 462 | | - | (g) If adverse action is taken by the home state against an audiologist's or 9 |
|---|
| 463 | | - | speech-language pathologist's license, the audiologist's or speech-language 10 |
|---|
| 464 | | - | pathologist's privilege to practice in all other member states shall be deactivated until 11 |
|---|
| 465 | | - | all encumbrances have been removed from the state license. All home state 12 |
|---|
| 466 | | - | disciplinary orders that impose adverse action against an audiologist's or speech-13 |
|---|
| 467 | | - | language pathologist's license shall include a statement that the audiologist's or 14 |
|---|
| 468 | | - | speech-language pathologist's privilege to practice is deactivated in all member states 15 |
|---|
| 469 | | - | during the pendency of the order. 16 |
|---|
| 470 | | - | (h) If a member state takes adverse action, it shall promptly notify the 17 |
|---|
| 471 | | - | administrator of the data system. The administrator of the data system shall promptly 18 |
|---|
| 472 | | - | notify the home state of any adverse actions by remote states. 19 |
|---|
| 473 | | - | (i) Nothing in this Compact shall override a member state's decision that 20 |
|---|
| 474 | | - | participation in an alternative program may be used in lieu of adverse action. 21 |
|---|
| 475 | | - | SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-22 |
|---|
| 476 | | - | LANGUAGE PATHOLOGY COMPACT COMMISSION 23 |
|---|
| 477 | | - | (a) The Compact member states hereby create and establish a joint public 24 |
|---|
| 478 | | - | agency known as the Audiology and Speech-Language Pathology Compact 25 |
|---|
| 479 | | - | Commission: 26 |
|---|
| 480 | | - | (1) The Commission is an instrumentality of the Compact states. 27 |
|---|
| 481 | | - | (2) Venue is proper and judicial proceedings by or against the 28 |
|---|
| 482 | | - | Commission shall be brought solely and exclusively in a court of competent 29 |
|---|
| 483 | | - | jurisdiction where the principal office of the Commission is located. The Commission 30 |
|---|
| 484 | | - | may waive venue and jurisdictional defenses to the extent it adopts or consents to 31 |
|---|
| 485 | | - | -15- Enrolled SB 75 |
|---|
| 486 | | - | participate in alternative dispute resolution proceedings. 1 |
|---|
| 487 | | - | (3) Nothing in this Compact shall be construed to be a waiver of 2 |
|---|
| 488 | | - | sovereign immunity. 3 |
|---|
| 489 | | - | (b) Membership, Voting and Meetings 4 |
|---|
| 490 | | - | (1) Each member state shall have two (2) delegates selected by that 5 |
|---|
| 491 | | - | member state's licensing board. The delegates shall be current members of the 6 |
|---|
| 492 | | - | licensing board. One shall be an audiologist and one shall be a speech-language 7 |
|---|
| 493 | | - | pathologist. 8 |
|---|
| 494 | | - | (2) An additional five (5) delegates, who are either a public member or 9 |
|---|
| 495 | | - | board administrator from a state licensing board, shall be chosen by the Executive 10 |
|---|
| 496 | | - | Committee from a pool of nominees provided by the Commission at Large. 11 |
|---|
| 497 | | - | (3) Any delegate may be removed or suspended from office as 12 |
|---|
| 498 | | - | provided by the law of the state from which the delegate is appointed. 13 |
|---|
| 499 | | - | (4) The member state board shall fill any vacancy occurring on the 14 |
|---|
| 500 | | - | Commission, within 90 days. 15 |
|---|
| 501 | | - | (5) Each delegate shall be entitled to one (1) vote with regard to the 16 |
|---|
| 502 | | - | promulgation of rules and creation of bylaws and shall otherwise have an opportunity 17 |
|---|
| 503 | | - | to participate in the business and affairs of the Commission. 18 |
|---|
| 504 | | - | (6) A delegate shall vote in person or by other means as provided in 19 |
|---|
| 505 | | - | the bylaws. The bylaws may provide for delegates' participation in meetings by 20 |
|---|
| 506 | | - | telephone or other means of communication. 21 |
|---|
| 507 | | - | (7) The Commission shall meet at least once during each calendar 22 |
|---|
| 508 | | - | year. Additional meetings shall be held as set forth in the bylaws. 23 |
|---|
| 509 | | - | (c) The Commission shall have the following powers and duties: 24 |
|---|
| 510 | | - | (1) Establish the fiscal year of the Commission; 25 |
|---|
| 511 | | - | (2) Establish bylaws; 26 |
|---|
| 512 | | - | (3) Establish a Code of Ethics; 27 |
|---|
| 513 | | - | (4) Maintain its financial records in accordance with the bylaws; 28 |
|---|
| 514 | | - | (5) Meet and take actions as are consistent with the provisions of this 29 |
|---|
| 515 | | - | Compact and the bylaws; 30 |
|---|
| 516 | | - | (6) Promulgate uniform rules to facilitate and coordinate 31 |
|---|
| 517 | | - | Enrolled SB 75 -16- |
|---|
| 518 | | - | implementation and administration of this Compact. The rules shall have the force and 1 |
|---|
| 519 | | - | effect of law and shall be binding in all member states; 2 |
|---|
| 520 | | - | (7) Bring and prosecute legal proceedings or actions in the name of the 3 |
|---|
| 521 | | - | Commission, provided that the standing of any state audiology or speech-language 4 |
|---|
| 522 | | - | pathology licensing board to sue or be sued under applicable law shall not be affected; 5 |
|---|
| 523 | | - | (8) Purchase and maintain insurance and bonds; 6 |
|---|
| 524 | | - | (9) Borrow, accept, or contract for services of personnel, including, but 7 |
|---|
| 525 | | - | not limited to, employees of a member state; 8 |
|---|
| 526 | | - | (10) Hire employees, elect or appoint officers, fix compensation, 9 |
|---|
| 527 | | - | define duties, grant individuals appropriate authority to carry out the purposes of the 10 |
|---|
| 528 | | - | Compact, and to establish the Commission's personnel policies and programs relating 11 |
|---|
| 529 | | - | to conflicts of interest, qualifications of personnel, and other related personnel matters; 12 |
|---|
| 530 | | - | (11) Accept any and all appropriate donations and grants of money, 13 |
|---|
| 531 | | - | equipment, supplies, materials and services, and to receive, utilize and dispose of the 14 |
|---|
| 532 | | - | same; provided that at all times the Commission shall avoid any appearance of 15 |
|---|
| 533 | | - | impropriety and/or conflict of interest; 16 |
|---|
| 534 | | - | (12) Lease, purchase, accept appropriate gifts or donations of, or 17 |
|---|
| 535 | | - | otherwise to own, hold, improve or use, any property, real, personal or mixed; 18 |
|---|
| 536 | | - | provided that at all times the Commission shall avoid any appearance of impropriety; 19 |
|---|
| 537 | | - | (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 20 |
|---|
| 538 | | - | otherwise dispose of any property, real, personal, or mixed; 21 |
|---|
| 539 | | - | (14) Establish a budget and make expenditures; 22 |
|---|
| 540 | | - | (15) Borrow money; 23 |
|---|
| 541 | | - | (16) Appoint committees, including standing committees composed of 24 |
|---|
| 542 | | - | members, and other interested persons as may be designated in this Compact and the 25 |
|---|
| 543 | | - | bylaws; 26 |
|---|
| 544 | | - | (17) Provide and receive information from, and cooperate with, law 27 |
|---|
| 545 | | - | enforcement agencies; 28 |
|---|
| 546 | | - | (18) Establish and elect an Executive Committee; and 29 |
|---|
| 547 | | - | (19) Perform other functions as may be necessary or appropriate to 30 |
|---|
| 548 | | - | achieve the purposes of this Compact consistent with the state regulation of audiology |
|---|
| 549 | | - | 31 |
|---|
| 550 | | - | -17- Enrolled SB 75 |
|---|
| 551 | | - | and speech-language pathology licensure and practice. 1 |
|---|
| 552 | | - | (d) The Executive Committee 2 |
|---|
| 553 | | - | (1) The Executive Committee shall have the power to act on behalf of 3 |
|---|
| 554 | | - | the Commission according to the terms of this Compact; 4 |
|---|
| 555 | | - | (2) The Executive Committee shall be composed of 10 members: 5 |
|---|
| 556 | | - | (A) Seven voting members who are elected by the Commission 6 |
|---|
| 557 | | - | from the current membership of the Commission; 7 |
|---|
| 558 | | - | (B) Two ex-officios, consisting of one nonvoting member from 8 |
|---|
| 559 | | - | a recognized national audiology professional association and one nonvoting 9 |
|---|
| 560 | | - | member from a recognized national speech-language pathology association; 10 |
|---|
| 561 | | - | and 11 |
|---|
| 562 | | - | (C) One ex-officio, nonvoting member from the recognized 12 |
|---|
| 563 | | - | membership organization of the audiology and speech-language pathology 13 |
|---|
| 564 | | - | licensing boards. 14 |
|---|
| 565 | | - | (e) The ex-officio members shall be selected by their respective organizations. 15 |
|---|
| 566 | | - | (1) The Commission may remove any member of the Executive 16 |
|---|
| 567 | | - | Committee as provided in bylaws. 17 |
|---|
| 568 | | - | (2) The Executive Committee shall meet at least annually. 18 |
|---|
| 569 | | - | (3) The Executive Committee shall have the following duties and 19 |
|---|
| 570 | | - | responsibilities: 20 |
|---|
| 571 | | - | (A) Recommend to the entire Commission changes to the rules 21 |
|---|
| 572 | | - | or bylaws, changes to this Compact legislation, fees paid by Compact member 22 |
|---|
| 573 | | - | states such as annual dues, and any commission Compact fee charged to 23 |
|---|
| 574 | | - | licensees for the compact privilege; 24 |
|---|
| 575 | | - | (B) Ensure Compact administration services are appropriately 25 |
|---|
| 576 | | - | provided, contractual or otherwise; 26 |
|---|
| 577 | | - | (C) Prepare and recommend the budget; 27 |
|---|
| 578 | | - | (D) Maintain financial records on behalf of the Commission; 28 |
|---|
| 579 | | - | (E) Monitor Compact compliance of member states and 29 |
|---|
| 580 | | - | provide compliance reports to the Commission; 30 |
|---|
| 581 | | - | (F) Establish additional committees as necessary; and 31 |
|---|
| 582 | | - | Enrolled SB 75 -18- |
|---|
| 583 | | - | (G) Other duties as provided in rules or bylaws. 1 |
|---|
| 584 | | - | (4) Meetings of the Commission. All meetings shall be open to the 2 |
|---|
| 585 | | - | public, and public notice of meetings shall be given in the same manner as required 3 |
|---|
| 586 | | - | under the rulemaking provisions in Section 10. 4 |
|---|
| 587 | | - | (5) The Commission or the Executive Committee or other committees 5 |
|---|
| 588 | | - | of the Commission may convene in a closed, non-public meeting if the Commission or 6 |
|---|
| 589 | | - | Executive Committee or other committees of the Commission must discuss: 7 |
|---|
| 590 | | - | (A) Non-compliance of a member state with its obligations 8 |
|---|
| 591 | | - | under the Compact; 9 |
|---|
| 592 | | - | (B) The employment, compensation, discipline or other 10 |
|---|
| 593 | | - | matters, practices or procedures related to specific employees or other matters 11 |
|---|
| 594 | | - | related to the Commission's internal personnel practices and procedures; 12 |
|---|
| 595 | | - | (C) Current, threatened, or reasonably anticipated litigation; 13 |
|---|
| 596 | | - | (D) Negotiation of contracts for the purchase, lease, or sale of 14 |
|---|
| 597 | | - | goods, services, or real estate; 15 |
|---|
| 598 | | - | (E) Accusing any person of a crime or formally censuring any 16 |
|---|
| 599 | | - | person; 17 |
|---|
| 600 | | - | (F) Disclosure of trade secrets or commercial or financial 18 |
|---|
| 601 | | - | information that is privileged or confidential; 19 |
|---|
| 602 | | - | (G) Disclosure of information of a personal nature where 20 |
|---|
| 603 | | - | disclosure would constitute a clearly unwarranted invasion of personal privacy; 21 |
|---|
| 604 | | - | (H) Disclosure of investigative records compiled for law 22 |
|---|
| 605 | | - | enforcement purposes; 23 |
|---|
| 606 | | - | (I) Disclosure of information related to any investigative 24 |
|---|
| 607 | | - | reports prepared by or on behalf of or for use of the Commission or other 25 |
|---|
| 608 | | - | committee charged with responsibility of investigation or determination of 26 |
|---|
| 609 | | - | compliance issues pursuant to the Compact; or 27 |
|---|
| 610 | | - | (J) Matters specifically exempted from disclosure by federal or 28 |
|---|
| 611 | | - | member state statute. 29 |
|---|
| 612 | | - | (6) If a meeting, or portion of a meeting, is closed pursuant to this 30 |
|---|
| 613 | | - | provision, the Commission's legal counsel or designee shall certify that the meeting 31 |
|---|
| 614 | | - | -19- Enrolled SB 75 |
|---|
| 615 | | - | may be closed and shall reference each relevant exempting provision. 1 |
|---|
| 616 | | - | (7) The Commission shall keep minutes that fully and clearly describe 2 |
|---|
| 617 | | - | all matters discussed in a meeting and shall provide a full and accurate summary of 3 |
|---|
| 618 | | - | actions taken, and the reasons therefore, including a description of the views 4 |
|---|
| 619 | | - | expressed. All documents considered in connection with an action shall be identified 5 |
|---|
| 620 | | - | in minutes. All minutes and documents of a closed meeting shall remain under seal, 6 |
|---|
| 621 | | - | subject to release by a majority vote of the Commission or order of a court of 7 |
|---|
| 622 | | - | competent jurisdiction. 8 |
|---|
| 623 | | - | (8) Financing of the Commission 9 |
|---|
| 624 | | - | (A) The Commission shall pay, or provide for the payment of, 10 |
|---|
| 625 | | - | the reasonable expenses of its establishment, organization, and ongoing 11 |
|---|
| 626 | | - | activities. 12 |
|---|
| 627 | | - | (B) The Commission may accept any and all appropriate 13 |
|---|
| 628 | | - | revenue sources, donations, and grants of money, equipment, supplies, 14 |
|---|
| 629 | | - | materials, and services. 15 |
|---|
| 630 | | - | (C) The Commission may levy on and collect an annual 16 |
|---|
| 631 | | - | assessment from each member state or impose fees on other parties to cover 17 |
|---|
| 632 | | - | the cost of the operations and activities of the Commission and its staff, which 18 |
|---|
| 633 | | - | must be in a total amount sufficient to cover its annual budget as approved 19 |
|---|
| 634 | | - | each year for which revenue is not provided by other sources. The aggregate 20 |
|---|
| 635 | | - | annual assessment amount shall be allocated based upon a formula to be 21 |
|---|
| 636 | | - | determined by the Commission, which shall promulgate a rule binding upon all 22 |
|---|
| 637 | | - | member states. 23 |
|---|
| 638 | | - | (9) The Commission shall not incur obligations of any kind prior to 24 |
|---|
| 639 | | - | securing the funds adequate to meet the same; nor shall the Commission pledge the 25 |
|---|
| 640 | | - | credit of any of the member states, except by and with the authority of the member 26 |
|---|
| 641 | | - | state. 27 |
|---|
| 642 | | - | (10) The Commission shall keep accurate accounts of all receipts and 28 |
|---|
| 643 | | - | disbursements. The receipts and disbursements of the Commission shall be subject to 29 |
|---|
| 644 | | - | the audit and accounting procedures established under its bylaws. However, all 30 |
|---|
| 645 | | - | receipts and disbursements of funds handled by the Commission shall be audited 31 |
|---|
| 646 | | - | Enrolled SB 75 -20- |
|---|
| 647 | | - | yearly by a certified or licensed public accountant, and the report of the audit shall be 1 |
|---|
| 648 | | - | included in and become part of the annual report of the Commission. 2 |
|---|
| 649 | | - | (f) Qualified Immunity, Defense, and Indemnification 3 |
|---|
| 650 | | - | (1) The members, officers, executive director, employees and 4 |
|---|
| 651 | | - | representatives of the Commission shall be immune from suit and liability, either 5 |
|---|
| 652 | | - | personally or in their official capacity, for any claim for damage to or loss of property 6 |
|---|
| 653 | | - | or personal injury or other civil liability caused by or arising out of any actual or 7 |
|---|
| 654 | | - | alleged act, error or omission that occurred, or that the person against whom the claim 8 |
|---|
| 655 | | - | is made had a reasonable basis for believing occurred within the scope of Commission 9 |
|---|
| 656 | | - | employment, duties or responsibilities; provided that nothing in this paragraph shall be 10 |
|---|
| 657 | | - | construed to protect any person from suit and/or liability for any damage, loss, injury, 11 |
|---|
| 658 | | - | or liability caused by the intentional or willful or wanton misconduct of that person. 12 |
|---|
| 659 | | - | (2) The Commission shall defend any member, officer, executive 13 |
|---|
| 660 | | - | director, employee or representative of the Commission in any civil action seeking to 14 |
|---|
| 661 | | - | impose liability arising out of any actual or alleged act, error, or omission that 15 |
|---|
| 662 | | - | occurred within the scope of Commission employment, duties, or responsibilities, or 16 |
|---|
| 663 | | - | that the person against whom the claim is made had a reasonable basis for believing 17 |
|---|
| 664 | | - | occurred within the scope of Commission employment, duties, or responsibilities; 18 |
|---|
| 665 | | - | provided that nothing herein shall be construed to prohibit that person from retaining 19 |
|---|
| 666 | | - | his or her own counsel; and provided further, that the actual or alleged act, error, or 20 |
|---|
| 667 | | - | omission did not result from that person's intentional or willful or wanton misconduct. 21 |
|---|
| 668 | | - | (3) The Commission shall indemnify and hold harmless any member, 22 |
|---|
| 669 | | - | officer, executive director, employee, or representative of the Commission for the 23 |
|---|
| 670 | | - | amount of any settlement or judgment obtained against that person arising out of any 24 |
|---|
| 671 | | - | actual or alleged act, error or omission that occurred within the scope of Commission 25 |
|---|
| 672 | | - | employment, duties, or responsibilities, or that person had a reasonable basis for 26 |
|---|
| 673 | | - | believing occurred within the scope of Commission employment, duties, or 27 |
|---|
| 674 | | - | responsibilities, provided that the actual or alleged act, error, or omission did not result 28 |
|---|
| 675 | | - | from the intentional or willful or wanton misconduct of that person. 29 |
|---|
| 676 | | - | SECTION 9. DATA SYSTEM 30 |
|---|
| 677 | | - | (a) The Commission shall provide for the development, maintenance, and 31 |
|---|
| 678 | | - | -21- Enrolled SB 75 |
|---|
| 679 | | - | utilization of a coordinated database and reporting system containing licensure, 1 |
|---|
| 680 | | - | adverse action, and investigative information on all licensed individuals in member 2 |
|---|
| 681 | | - | states. 3 |
|---|
| 682 | | - | (b) Notwithstanding any other provision of state law to the contrary, a member 4 |
|---|
| 683 | | - | state shall submit a uniform data set to the data system on all individuals to whom this 5 |
|---|
| 684 | | - | Compact is applicable as required by the rules of the Commission, including: 6 |
|---|
| 685 | | - | (1) Identifying information; 7 |
|---|
| 686 | | - | (2) Licensure data; 8 |
|---|
| 687 | | - | (3) Adverse actions against a license or compact privilege; 9 |
|---|
| 688 | | - | (4) Non-confidential information related to alternative program 10 |
|---|
| 689 | | - | participation; 11 |
|---|
| 690 | | - | (5) Any denial of application for licensure, and the reason(s) for 12 |
|---|
| 691 | | - | denial; and 13 |
|---|
| 692 | | - | (6) Other information that may facilitate the administration of this 14 |
|---|
| 693 | | - | Compact, as determined by the rules of the Commission. 15 |
|---|
| 694 | | - | (c) Investigative information pertaining to a licensee in any member state shall 16 |
|---|
| 695 | | - | only be available to other member states. 17 |
|---|
| 696 | | - | (d) The Commission shall promptly notify all member states of any adverse 18 |
|---|
| 697 | | - | action taken against a licensee or an individual applying for a license. Adverse action 19 |
|---|
| 698 | | - | information pertaining to a licensee in any member state shall be available to any other 20 |
|---|
| 699 | | - | member state. 21 |
|---|
| 700 | | - | (e) Member states contributing information to the data system may designate 22 |
|---|
| 701 | | - | information that may not be shared with the public without the express permission of 23 |
|---|
| 702 | | - | the contributing state. 24 |
|---|
| 703 | | - | (f) Any information submitted to the data system that is subsequently required 25 |
|---|
| 704 | | - | to be expunged by the laws of the member state contributing the information shall be 26 |
|---|
| 705 | | - | removed from the data system. 27 |
|---|
| 706 | | - | SECTION 10. RULEMAKING 28 |
|---|
| 707 | | - | (a) The Commission shall exercise its rulemaking powers pursuant to the 29 |
|---|
| 708 | | - | criteria set forth in this Section and the rules adopted thereunder. Rules and 30 |
|---|
| 709 | | - | amendments shall become binding as of the date specified in each rule or amendment. 31 |
|---|
| 710 | | - | Enrolled SB 75 -22- |
|---|
| 711 | | - | (b) If a majority of the legislatures of the member states rejects a rule, by 1 |
|---|
| 712 | | - | enactment of a statute or resolution in the same manner used to adopt the Compact 2 |
|---|
| 713 | | - | within 4 years of the date of adoption of the rule, the rule shall have no further force 3 |
|---|
| 714 | | - | and effect in any member state. 4 |
|---|
| 715 | | - | (c) Rules or amendments to the rules shall be adopted at a regular or special 5 |
|---|
| 716 | | - | meeting of the Commission. 6 |
|---|
| 717 | | - | (d) Prior to promulgation and adoption of a final rule or rules by the 7 |
|---|
| 718 | | - | Commission, and at least thirty days in advance of the meeting at which the rule shall 8 |
|---|
| 719 | | - | be considered and voted upon, the Commission shall file a Notice of Proposed 9 |
|---|
| 720 | | - | Rulemaking: 10 |
|---|
| 721 | | - | (1) On the website of the Commission or other publicly accessible 11 |
|---|
| 722 | | - | platform; and 12 |
|---|
| 723 | | - | (2) On the website of each member state audiology or speech-language 13 |
|---|
| 724 | | - | pathology licensing board or other publicly accessible platform or the publication in 14 |
|---|
| 725 | | - | which each state would otherwise publish proposed rules. 15 |
|---|
| 726 | | - | (e) The Notice of Proposed Rulemaking shall include: 16 |
|---|
| 727 | | - | (1) The proposed time, date, and location of the meeting in which the 17 |
|---|
| 728 | | - | rule shall be considered and voted upon; 18 |
|---|
| 729 | | - | (2) The text of the proposed rule or amendment and the reason for the 19 |
|---|
| 730 | | - | proposed rule; 20 |
|---|
| 731 | | - | (3) A request for comments on the proposed rule from any interested 21 |
|---|
| 732 | | - | person; and 22 |
|---|
| 733 | | - | (4) The manner in which interested persons may submit notice to the 23 |
|---|
| 734 | | - | Commission of their intention to attend the public hearing and any written comments. 24 |
|---|
| 735 | | - | (f) Prior to the adoption of a proposed rule, the Commission shall allow 25 |
|---|
| 736 | | - | persons to submit written data, facts, opinions and arguments, which shall be made 26 |
|---|
| 737 | | - | available to the public. 27 |
|---|
| 738 | | - | (g) The Commission shall grant an opportunity for a public hearing before it 28 |
|---|
| 739 | | - | adopts a rule or amendment if a hearing is requested by: 29 |
|---|
| 740 | | - | (1) At least twenty-five (25) persons; 30 |
|---|
| 741 | | - | (2) A state or federal governmental subdivision or agency; or 31 |
|---|
| 742 | | - | -23- Enrolled SB 75 |
|---|
| 743 | | - | (3) An association having at least twenty-five (25) members. 1 |
|---|
| 744 | | - | (h) If a hearing is held on the proposed rule or amendment, the Commission 2 |
|---|
| 745 | | - | shall publish the place, time, and date of the scheduled public hearing. If the hearing is 3 |
|---|
| 746 | | - | held via electronic means, the Commission shall publish the mechanism for access to 4 |
|---|
| 747 | | - | the electronic hearing. 5 |
|---|
| 748 | | - | (1) All persons wishing to be heard at the hearing shall notify the 6 |
|---|
| 749 | | - | executive director of the Commission or other designated member in writing of their 7 |
|---|
| 750 | | - | desire to appear and testify at the hearing not less than five (5) business days before 8 |
|---|
| 751 | | - | the scheduled date of the hearing. 9 |
|---|
| 752 | | - | (2) Hearings shall be conducted in a manner providing each person 10 |
|---|
| 753 | | - | who wishes to comment a fair and reasonable opportunity to comment orally or in 11 |
|---|
| 754 | | - | writing. 12 |
|---|
| 755 | | - | (3) All hearings shall be recorded. A copy of the recording shall be 13 |
|---|
| 756 | | - | made available on request. 14 |
|---|
| 757 | | - | (4) Nothing in this section shall be construed as requiring a separate 15 |
|---|
| 758 | | - | hearing on each rule. Rules may be grouped for the convenience of the Commission at 16 |
|---|
| 759 | | - | hearings required by this section. 17 |
|---|
| 760 | | - | (i) Following the scheduled hearing date, or by the close of business on the 18 |
|---|
| 761 | | - | scheduled hearing date if the hearing was not held, the Commission shall consider all 19 |
|---|
| 762 | | - | written and oral comments received. 20 |
|---|
| 763 | | - | (j) If no written notice of intent to attend the public hearing by interested 21 |
|---|
| 764 | | - | parties is received, the Commission may proceed with promulgation of the proposed 22 |
|---|
| 765 | | - | rule without a public hearing. 23 |
|---|
| 766 | | - | (k) The Commission shall, by majority vote of all members, take final action 24 |
|---|
| 767 | | - | on the proposed rule and shall determine the effective date of the rule, if any, based on 25 |
|---|
| 768 | | - | the rulemaking record and the full text of the rule. 26 |
|---|
| 769 | | - | (l) Upon determination that an emergency exists, the Commission may 27 |
|---|
| 770 | | - | consider and adopt an emergency rule without prior notice, opportunity for comment, 28 |
|---|
| 771 | | - | or hearing, provided that the usual rulemaking procedures provided in the Compact 29 |
|---|
| 772 | | - | and in this section shall be retroactively applied to the rule as soon as reasonably 30 |
|---|
| 773 | | - | possible, in no event later than ninety (90) days after the effective date of the rule. For 31 |
|---|
| 774 | | - | Enrolled SB 75 -24- |
|---|
| 775 | | - | the purposes of this provision, an emergency rule is one that must be adopted 1 |
|---|
| 776 | | - | immediately in order to: 2 |
|---|
| 777 | | - | (1) Meet an imminent threat to public health, safety, or welfare; 3 |
|---|
| 778 | | - | (2) Prevent a loss of Commission or member state funds; or 4 |
|---|
| 779 | | - | (3) Meet a deadline for the promulgation of an administrative rule that 5 |
|---|
| 780 | | - | is established by federal law or rule. 6 |
|---|
| 781 | | - | (m) The Commission or an authorized committee of the Commission may 7 |
|---|
| 782 | | - | direct revisions to a previously adopted rule or amendment for purposes of correcting 8 |
|---|
| 783 | | - | typographical errors, errors in format, errors in consistency, or grammatical errors. 9 |
|---|
| 784 | | - | Public notice of any revisions shall be posted on the website of the Commission. The 10 |
|---|
| 785 | | - | revision shall be subject to challenge by any person for a period of thirty (30) days 11 |
|---|
| 786 | | - | after posting. The revision may be challenged only on grounds that the revision results 12 |
|---|
| 787 | | - | in a material change to a rule. A challenge shall be made in writing and delivered to 13 |
|---|
| 788 | | - | the chair of the Commission prior to the end of the notice period. If no challenge is 14 |
|---|
| 789 | | - | made, the revision shall take effect without further action. If the revision is challenged, 15 |
|---|
| 790 | | - | the revision may not take effect without the approval of the Commission. 16 |
|---|
| 791 | | - | SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 17 |
|---|
| 792 | | - | (a) Dispute Resolution 18 |
|---|
| 793 | | - | (1) Upon request by a member state, the Commission shall attempt to 19 |
|---|
| 794 | | - | resolve disputes related to the Compact that arise among member states and between 20 |
|---|
| 795 | | - | member and non-member states. 21 |
|---|
| 796 | | - | (2) The Commission shall promulgate a rule providing for both 22 |
|---|
| 797 | | - | mediation and binding dispute resolution for disputes as appropriate. 23 |
|---|
| 798 | | - | (b) Enforcement 24 |
|---|
| 799 | | - | (1) The Commission, in the reasonable exercise of its discretion, shall 25 |
|---|
| 800 | | - | enforce the provisions and rules of this Compact. 26 |
|---|
| 801 | | - | (2) By majority vote, the Commission may initiate legal action in the 27 |
|---|
| 802 | | - | United States District Court for the District of Columbia or the federal district where 28 |
|---|
| 803 | | - | the Commission has its principal offices against a member state in default to enforce 29 |
|---|
| 804 | | - | compliance with the provisions of the Compact and its promulgated rules and bylaws. 30 |
|---|
| 805 | | - | The relief sought may include both injunctive relief and damages. In the event judicial 31 |
|---|
| 806 | | - | -25- Enrolled SB 75 |
|---|
| 807 | | - | enforcement is necessary, the prevailing member shall be awarded all costs of 1 |
|---|
| 808 | | - | litigation, including reasonable attorney's fees. 2 |
|---|
| 809 | | - | (3) The remedies herein shall not be the exclusive remedies of the 3 |
|---|
| 810 | | - | Commission. The Commission may pursue any other remedies available under federal 4 |
|---|
| 811 | | - | or state law. 5 |
|---|
| 812 | | - | SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 6 |
|---|
| 813 | | - | COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE 7 |
|---|
| 814 | | - | PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 8 |
|---|
| 815 | | - | AND AMENDMENT 9 |
|---|
| 816 | | - | (a) The Compact shall come into effect on the date on which the Compact 10 |
|---|
| 817 | | - | statute is enacted into law in the 10th member state. The provisions, which become 11 |
|---|
| 818 | | - | effective at that time, shall be limited to the powers granted to the Commission 12 |
|---|
| 819 | | - | relating to assembly and the promulgation of rules. Thereafter, the Commission shall 13 |
|---|
| 820 | | - | meet and exercise rulemaking powers necessary to the implementation and 14 |
|---|
| 821 | | - | administration of the Compact. 15 |
|---|
| 822 | | - | (b) Any state that joins the Compact subsequent to the Commission's initial 16 |
|---|
| 823 | | - | adoption of the rules shall be subject to the rules as they exist on the date on which the 17 |
|---|
| 824 | | - | Compact becomes law in that state. Any rule that has been previously adopted by the 18 |
|---|
| 825 | | - | Commission shall have the full force and effect of law on the day the Compact 19 |
|---|
| 826 | | - | becomes law in that state. 20 |
|---|
| 827 | | - | (c) Any member state may withdraw from this Compact by enacting a statute 21 |
|---|
| 828 | | - | repealing the same. 22 |
|---|
| 829 | | - | (1) A member state's withdrawal shall not take effect until six (6) 23 |
|---|
| 830 | | - | months after enactment of the repealing statute. 24 |
|---|
| 831 | | - | (2) Withdrawal shall not affect the continuing requirement of the 25 |
|---|
| 832 | | - | withdrawing state's audiology or speech-language pathology licensing board to 26 |
|---|
| 833 | | - | comply with the investigative and adverse action reporting requirements of this act 27 |
|---|
| 834 | | - | prior to the effective date of withdrawal. 28 |
|---|
| 835 | | - | (d) Nothing contained in this Compact shall be construed to invalidate or 29 |
|---|
| 836 | | - | prevent any audiology or speech-language pathology licensure agreement or other 30 |
|---|
| 837 | | - | cooperative arrangement between a member state and a non-member state that does 31 |
|---|
| 838 | | - | Enrolled SB 75 -26- |
|---|
| 839 | | - | not conflict with the provisions of this Compact. 1 |
|---|
| 840 | | - | (e) This Compact may be amended by the member states. No amendment to 2 |
|---|
| 841 | | - | this Compact shall become effective and binding upon any member state until it is 3 |
|---|
| 842 | | - | enacted into the laws of all member states. 4 |
|---|
| 843 | | - | SECTION 13. CONSTRUCTION AND SEVERABILITY 5 |
|---|
| 844 | | - | This Compact shall be liberally construed so as to effectuate the purposes 6 |
|---|
| 845 | | - | thereof. The provisions of this Compact shall be severable and if any phrase, clause, 7 |
|---|
| 846 | | - | sentence or provision of this Compact is declared to be contrary to the constitution of 8 |
|---|
| 847 | | - | any member state or of the United States or the applicability thereof to any 9 |
|---|
| 848 | | - | government, agency, person or circumstance is held invalid, the validity of the 10 |
|---|
| 849 | | - | remainder of this Compact and the applicability thereof to any government, agency, 11 |
|---|
| 850 | | - | person or circumstance shall not be affected thereby. If this Compact shall be held 12 |
|---|
| 851 | | - | contrary to the constitution of any member state, the Compact shall remain in full 13 |
|---|
| 852 | | - | force and effect as to the remaining member states and in full force and effect as to the 14 |
|---|
| 853 | | - | member state affected as to all severable matters. 15 |
|---|
| 854 | | - | SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 16 |
|---|
| 855 | | - | (a) Nothing herein prevents the enforcement of any other law of a member 17 |
|---|
| 856 | | - | state that is not inconsistent with the Compact. 18 |
|---|
| 857 | | - | (b) All laws in a member state in conflict with the Compact are superseded to 19 |
|---|
| 858 | | - | the extent of the conflict. 20 |
|---|
| 859 | | - | (c) All lawful actions of the Commission, including all rules and bylaws 21 |
|---|
| 860 | | - | promulgated by the Commission, are binding upon the member states. 22 |
|---|
| 861 | | - | (d) All agreements between the Commission and the member states are 23 |
|---|
| 862 | | - | binding in accordance with their terms. 24 |
|---|
| 863 | | - | (e) In the event any provision of the Compact exceeds the constitutional limits 25 |
|---|
| 864 | | - | imposed on the legislature of any member state, the provision shall be ineffective to 26 |
|---|
| 865 | | - | the extent of the conflict with the constitutional provision in question in that member 27 |
|---|
| 866 | | - | state. 28 |
|---|
| 867 | | - | * Sec. 7. AS 12.62.400(a) is amended to read: 29 |
|---|
| 868 | | - | (a) To obtain a national criminal history record check for determining a 30 |
|---|
| 869 | | - | person's qualifications for a license, permit, registration, employment, or position, a 31 |
|---|
| 870 | | - | -27- Enrolled SB 75 |
|---|
| 871 | | - | person shall submit the person's fingerprints to the department with the fee established 1 |
|---|
| 872 | | - | by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 2 |
|---|
| 873 | | - | of Investigation to obtain a national criminal history record check of the person for the 3 |
|---|
| 874 | | - | purpose of evaluating a person's qualifications for 4 |
|---|
| 875 | | - | (1) a license or conditional contractor's permit to manufacture, sell, 5 |
|---|
| 876 | | - | offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 6 |
|---|
| 877 | | - | under AS 04.09; 7 |
|---|
| 878 | | - | (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 8 |
|---|
| 879 | | - | loan originator under AS 06.60; 9 |
|---|
| 880 | | - | (3) admission to the Alaska Bar Association under AS 08.08; 10 |
|---|
| 881 | | - | (4) licensure as a collection agency operator under AS 08.24; 11 |
|---|
| 882 | | - | (5) a certificate of fitness to handle explosives under AS 08.52; 12 |
|---|
| 883 | | - | (6) licensure as a massage therapist under AS 08.61; 13 |
|---|
| 884 | | - | (7) licensure to practice nursing or certification as a nurse aide under 14 |
|---|
| 885 | | - | AS 08.68; 15 |
|---|
| 886 | | - | (8) certification as a real estate appraiser under AS 08.87; 16 |
|---|
| 887 | | - | (9) a position involving supervisory or disciplinary power over a minor 17 |
|---|
| 888 | | - | or dependent adult for which criminal justice information may be released under 18 |
|---|
| 889 | | - | AS 12.62.160(b)(9); 19 |
|---|
| 890 | | - | (10) a teacher certificate under AS 14.20; 20 |
|---|
| 891 | | - | (11) a registration or license to operate a marijuana establishment 21 |
|---|
| 892 | | - | under AS 17.38; 22 |
|---|
| 893 | | - | (12) admittance to a police training program under AS 18.65.230 or for 23 |
|---|
| 894 | | - | certification as a police officer under AS 18.65.240 if that person's prospective 24 |
|---|
| 895 | | - | employer does not have access to a criminal justice information system; 25 |
|---|
| 896 | | - | (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 26 |
|---|
| 897 | | - | (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 27 |
|---|
| 898 | | - | (15) licensure as an insurance producer, managing general agent, 28 |
|---|
| 899 | | - | reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 29 |
|---|
| 900 | | - | broker, or independent adjuster under AS 21.27; 30 |
|---|
| 901 | | - | (16) serving and executing process issued by a court by a person 31 |
|---|
| 902 | | - | Enrolled SB 75 -28- |
|---|
| 903 | | - | designated under AS 22.20.130; 1 |
|---|
| 904 | | - | (17) a school bus driver license under AS 28.15.046; 2 |
|---|
| 905 | | - | (18) licensure as an operator or an instructor for a commercial driver 3 |
|---|
| 906 | | - | training school under AS 28.17; 4 |
|---|
| 907 | | - | (19) registration as a broker-dealer, agent, investment adviser 5 |
|---|
| 908 | | - | representative, or investment adviser under AS 45.56.300 - 45.56.350; 6 |
|---|
| 909 | | - | (20) licensure, license renewal, certification, certification renewal, or 7 |
|---|
| 910 | | - | payment from the Department of Health of an individual and an entity subject to the 8 |
|---|
| 911 | | - | requirements for a criminal history check under AS 47.05.310, including 9 |
|---|
| 912 | | - | (A) a public home care provider described in AS 47.05.017; 10 |
|---|
| 913 | | - | (B) a provider of home and community-based waiver services 11 |
|---|
| 914 | | - | financed under AS 47.07.030(c); 12 |
|---|
| 915 | | - | (C) a case manager to coordinate community mental health 13 |
|---|
| 916 | | - | services under AS 47.30.530; 14 |
|---|
| 917 | | - | (D) an entity listed in AS 47.32.010(b) and (c), including an 15 |
|---|
| 918 | | - | owner, officer, director, member, partner, employee, volunteer, or contractor of 16 |
|---|
| 919 | | - | an entity; or 17 |
|---|
| 920 | | - | (E) an individual or entity not described in (A) - (D) of this 18 |
|---|
| 921 | | - | paragraph that is required by statute or regulation to be licensed or certified by 19 |
|---|
| 922 | | - | the Department of Health or that is eligible to receive payments, in whole or in 20 |
|---|
| 923 | | - | part, from the Department of Health to provide for the health, safety, and 21 |
|---|
| 924 | | - | welfare of persons who are served by the programs administered by the 22 |
|---|
| 925 | | - | Department of Health; 23 |
|---|
| 926 | | - | (21) employment as a village public safety officer under AS 18.65.672 24 |
|---|
| 927 | | - | or certification as a village public safety officer under AS 18.65.682; 25 |
|---|
| 928 | | - | (22) licensure, license renewal, certification, or certification renewal 26 |
|---|
| 929 | | - | by the Department of Family and Community Services of an individual or entity, or 27 |
|---|
| 930 | | - | payment from the Department of Family and Community Services to an individual or 28 |
|---|
| 931 | | - | entity, subject to the requirements for a criminal history check under AS 47.05.310 for 29 |
|---|
| 932 | | - | a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 30 |
|---|
| 933 | | - | including an owner, officer, director, member, partner, employee, volunteer, or 31 |
|---|
| 934 | | - | -29- Enrolled SB 75 |
|---|
| 935 | | - | contractor of an entity; 1 |
|---|
| 936 | | - | (23) licensure as a pharmacist or pharmacy technician under AS 08.80; 2 |
|---|
| 937 | | - | (24) licensure to practice audiology or speech-language pathology 3 |
|---|
| 938 | | - | under AS 08.11. 4 |
|---|
| 939 | | - | * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 5 |
|---|
| 940 | | - | read: 6 |
|---|
| 941 | | - | TRANSITION: REGULATIONS. The Department of Commerce, Community, and 7 |
|---|
| 942 | | - | Economic Development may adopt regulations necessary to implement the changes made by 8 |
|---|
| 943 | | - | this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 9 |
|---|
| 944 | | - | before the effective date of the law implemented by the regulation. 10 |
|---|
| 945 | | - | * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 11 |
|---|
| 946 | | - | * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2024. 12 |
|---|
| 794 | + | and in this section shall be retroactively applied to the rule as soon as reasonably 1 |
|---|
| 795 | + | possible, in no event later than ninety (90) days after the effective date of the rule. For 2 |
|---|
| 796 | + | the purposes of this provision, an emergency rule is one that must be adopted 3 |
|---|
| 797 | + | immediately in order to: 4 |
|---|
| 798 | + | (1) Meet an imminent threat to public health, safety, or welfare; 5 |
|---|
| 799 | + | (2) Prevent a loss of Commission or member state funds; or 6 |
|---|
| 800 | + | (3) Meet a deadline for the promulgation of an administrative rule that 7 |
|---|
| 801 | + | is established by federal law or rule. 8 |
|---|
| 802 | + | (m) The Commission or an authorized committee of the Commission may 9 |
|---|
| 803 | + | direct revisions to a previously adopted rule or amendment for purposes of correcting 10 |
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| 804 | + | typographical errors, errors in format, errors in consistency, or grammatical errors. 11 |
|---|
| 805 | + | Public notice of any revisions shall be posted on the website of the Commission. The 12 |
|---|
| 806 | + | revision shall be subject to challenge by any person for a period of thirty (30) days 13 |
|---|
| 807 | + | after posting. The revision may be challenged only on grounds that the revision results 14 |
|---|
| 808 | + | in a material change to a rule. A challenge shall be made in writing and delivered to 15 |
|---|
| 809 | + | the chair of the Commission prior to the end of the notice period. If no challenge is 16 |
|---|
| 810 | + | made, the revision shall take effect without further action. If the revision is challenged, 17 |
|---|
| 811 | + | the revision may not take effect without the approval of the Commission. 18 |
|---|
| 812 | + | SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 19 |
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| 813 | + | (a) Dispute Resolution 20 |
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| 814 | + | (1) Upon request by a member state, the Commission shall attempt to 21 |
|---|
| 815 | + | resolve disputes related to the Compact that arise among member states and between 22 |
|---|
| 816 | + | member and non-member states. 23 |
|---|
| 817 | + | (2) The Commission shall promulgate a rule providing for both 24 |
|---|
| 818 | + | mediation and binding dispute resolution for disputes as appropriate. 25 |
|---|
| 819 | + | (b) Enforcement 26 |
|---|
| 820 | + | (1) The Commission, in the reasonable exercise of its discretion, shall 27 |
|---|
| 821 | + | enforce the provisions and rules of this Compact. 28 |
|---|
| 822 | + | (2) By majority vote, the Commission may initiate legal action in the 29 |
|---|
| 823 | + | United States District Court for the District of Columbia or the federal district where 30 |
|---|
| 824 | + | the Commission has its principal offices against a member state in default to enforce 31 33-LS0139\S |
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| 825 | + | SB0075B -25- CSSB 75(FIN) |
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| 826 | + | New Text Underlined [DELETED TEXT BRACKETED] |
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| 827 | + | |
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| 828 | + | compliance with the provisions of the Compact and its promulgated rules and bylaws. 1 |
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| 829 | + | The relief sought may include both injunctive relief and damages. In the event judicial 2 |
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| 830 | + | enforcement is necessary, the prevailing member shall be awarded all costs of 3 |
|---|
| 831 | + | litigation, including reasonable attorney's fees. 4 |
|---|
| 832 | + | (3) The remedies herein shall not be the exclusive remedies of the 5 |
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| 833 | + | Commission. The Commission may pursue any other remedies available under federal 6 |
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| 834 | + | or state law. 7 |
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| 835 | + | SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 8 |
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| 836 | + | COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE 9 |
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| 837 | + | PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 10 |
|---|
| 838 | + | AND AMENDMENT 11 |
|---|
| 839 | + | (a) The Compact shall come into effect on the date on which the Compact 12 |
|---|
| 840 | + | statute is enacted into law in the 10th member state. The provisions, which become 13 |
|---|
| 841 | + | effective at that time, shall be limited to the powers granted to the Commission 14 |
|---|
| 842 | + | relating to assembly and the promulgation of rules. Thereafter, the Commission shall 15 |
|---|
| 843 | + | meet and exercise rulemaking powers necessary to the implementation and 16 |
|---|
| 844 | + | administration of the Compact. 17 |
|---|
| 845 | + | (b) Any state that joins the Compact subsequent to the Commission's initial 18 |
|---|
| 846 | + | adoption of the rules shall be subject to the rules as they exist on the date on which the 19 |
|---|
| 847 | + | Compact becomes law in that state. Any rule that has been previously adopted by the 20 |
|---|
| 848 | + | Commission shall have the full force and effect of law on the day the Compact 21 |
|---|
| 849 | + | becomes law in that state. 22 |
|---|
| 850 | + | (c) Any member state may withdraw from this Compact by enacting a statute 23 |
|---|
| 851 | + | repealing the same. 24 |
|---|
| 852 | + | (1) A member state's withdrawal shall not take effect until six (6) 25 |
|---|
| 853 | + | months after enactment of the repealing statute. 26 |
|---|
| 854 | + | (2) Withdrawal shall not affect the continuing requirement of the 27 |
|---|
| 855 | + | withdrawing state's audiology or speech-language pathology licensing board to 28 |
|---|
| 856 | + | comply with the investigative and adverse action reporting requirements of this act 29 |
|---|
| 857 | + | prior to the effective date of withdrawal. 30 |
|---|
| 858 | + | (d) Nothing contained in this Compact shall be construed to invalidate or 31 33-LS0139\S |
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| 859 | + | CSSB 75(FIN) -26- SB0075B |
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| 860 | + | New Text Underlined [DELETED TEXT BRACKETED] |
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| 861 | + | |
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| 862 | + | prevent any audiology or speech-language pathology licensure agreement or other 1 |
|---|
| 863 | + | cooperative arrangement between a member state and a non-member state that does 2 |
|---|
| 864 | + | not conflict with the provisions of this Compact. 3 |
|---|
| 865 | + | (e) This Compact may be amended by the member states. No amendment to 4 |
|---|
| 866 | + | this Compact shall become effective and binding upon any member state until it is 5 |
|---|
| 867 | + | enacted into the laws of all member states. 6 |
|---|
| 868 | + | SECTION 13. CONSTRUCTION AND SEVERABILITY 7 |
|---|
| 869 | + | This Compact shall be liberally construed so as to effectuate the purposes 8 |
|---|
| 870 | + | thereof. The provisions of this Compact shall be severable and if any phrase, clause, 9 |
|---|
| 871 | + | sentence or provision of this Compact is declared to be contrary to the constitution of 10 |
|---|
| 872 | + | any member state or of the United States or the applicability thereof to any 11 |
|---|
| 873 | + | government, agency, person or circumstance is held invalid, the validity of the 12 |
|---|
| 874 | + | remainder of this Compact and the applicability thereof to any government, agency, 13 |
|---|
| 875 | + | person or circumstance shall not be affected thereby. If this Compact shall be held 14 |
|---|
| 876 | + | contrary to the constitution of any member state, the Compact shall remain in full 15 |
|---|
| 877 | + | force and effect as to the remaining member states and in full force and effect as to the 16 |
|---|
| 878 | + | member state affected as to all severable matters. 17 |
|---|
| 879 | + | SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 18 |
|---|
| 880 | + | (a) Nothing herein prevents the enforcement of any other law of a member 19 |
|---|
| 881 | + | state that is not inconsistent with the Compact. 20 |
|---|
| 882 | + | (b) All laws in a member state in conflict with the Compact are superseded to 21 |
|---|
| 883 | + | the extent of the conflict. 22 |
|---|
| 884 | + | (c) All lawful actions of the Commission, including all rules and bylaws 23 |
|---|
| 885 | + | promulgated by the Commission, are binding upon the member states. 24 |
|---|
| 886 | + | (d) All agreements between the Commission and the member states are 25 |
|---|
| 887 | + | binding in accordance with their terms. 26 |
|---|
| 888 | + | (e) In the event any provision of the Compact exceeds the constitutional limits 27 |
|---|
| 889 | + | imposed on the legislature of any member state, the provision shall be ineffective to 28 |
|---|
| 890 | + | the extent of the conflict with the constitutional provision in question in that member 29 |
|---|
| 891 | + | state. 30 |
|---|
| 892 | + | * Sec. 7. AS 12.62.400(a), as amended by sec. 156, ch. 8, SLA 2022, is amended to read: 31 33-LS0139\S |
|---|
| 893 | + | SB0075B -27- CSSB 75(FIN) |
|---|
| 894 | + | New Text Underlined [DELETED TEXT BRACKETED] |
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| 895 | + | |
|---|
| 896 | + | (a) To obtain a national criminal history record check for determining a 1 |
|---|
| 897 | + | person's qualifications for a license, permit, registration, employment, or position, a 2 |
|---|
| 898 | + | person shall submit the person's fingerprints to the department with the fee established 3 |
|---|
| 899 | + | by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 4 |
|---|
| 900 | + | of Investigation to obtain a national criminal history record check of the person for the 5 |
|---|
| 901 | + | purpose of evaluating a person's qualifications for 6 |
|---|
| 902 | + | (1) a license or conditional contractor's permit to manufacture, sell, 7 |
|---|
| 903 | + | offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 8 |
|---|
| 904 | + | under AS 04.09; 9 |
|---|
| 905 | + | (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 10 |
|---|
| 906 | + | loan originator under AS 06.60; 11 |
|---|
| 907 | + | (3) admission to the Alaska Bar Association under AS 08.08; 12 |
|---|
| 908 | + | (4) licensure as a collection agency operator under AS 08.24; 13 |
|---|
| 909 | + | (5) a certificate of fitness to handle explosives under AS 08.52; 14 |
|---|
| 910 | + | (6) licensure as a massage therapist under AS 08.61; 15 |
|---|
| 911 | + | (7) licensure to practice nursing or certification as a nurse aide under 16 |
|---|
| 912 | + | AS 08.68; 17 |
|---|
| 913 | + | (8) certification as a real estate appraiser under AS 08.87; 18 |
|---|
| 914 | + | (9) a position involving supervisory or disciplinary power over a minor 19 |
|---|
| 915 | + | or dependent adult for which criminal justice information may be released under 20 |
|---|
| 916 | + | AS 12.62.160(b)(9); 21 |
|---|
| 917 | + | (10) a teacher certificate under AS 14.20; 22 |
|---|
| 918 | + | (11) a registration or license to operate a marijuana establishment 23 |
|---|
| 919 | + | under AS 17.38; 24 |
|---|
| 920 | + | (12) admittance to a police training program under AS 18.65.230 or for 25 |
|---|
| 921 | + | certification as a police officer under AS 18.65.240 if that person's prospective 26 |
|---|
| 922 | + | employer does not have access to a criminal justice information system; 27 |
|---|
| 923 | + | (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 28 |
|---|
| 924 | + | (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 29 |
|---|
| 925 | + | (15) licensure as an insurance producer, managing general agent, 30 |
|---|
| 926 | + | reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 31 33-LS0139\S |
|---|
| 927 | + | CSSB 75(FIN) -28- SB0075B |
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| 928 | + | New Text Underlined [DELETED TEXT BRACKETED] |
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| 929 | + | |
|---|
| 930 | + | broker, or independent adjuster under AS 21.27; 1 |
|---|
| 931 | + | (16) serving and executing process issued by a court by a person 2 |
|---|
| 932 | + | designated under AS 22.20.130; 3 |
|---|
| 933 | + | (17) a school bus driver license under AS 28.15.046; 4 |
|---|
| 934 | + | (18) licensure as an operator or an instructor for a commercial driver 5 |
|---|
| 935 | + | training school under AS 28.17; 6 |
|---|
| 936 | + | (19) registration as a broker-dealer, agent, investment adviser 7 |
|---|
| 937 | + | representative, or investment adviser under AS 45.56.300 - 45.56.350; 8 |
|---|
| 938 | + | (20) licensure, license renewal, certification, certification renewal, or 9 |
|---|
| 939 | + | payment from the Department of Health of an individual and an entity subject to the 10 |
|---|
| 940 | + | requirements for a criminal history check under AS 47.05.310, including 11 |
|---|
| 941 | + | (A) a public home care provider described in AS 47.05.017; 12 |
|---|
| 942 | + | (B) a provider of home and community-based waiver services 13 |
|---|
| 943 | + | financed under AS 47.07.030(c); 14 |
|---|
| 944 | + | (C) a case manager to coordinate community mental health 15 |
|---|
| 945 | + | services under AS 47.30.530; 16 |
|---|
| 946 | + | (D) an entity listed in AS 47.32.010(b) and (c), including an 17 |
|---|
| 947 | + | owner, officer, director, member, partner, employee, volunteer, or contractor of 18 |
|---|
| 948 | + | an entity; or 19 |
|---|
| 949 | + | (E) an individual or entity not described in (A) - (D) of this 20 |
|---|
| 950 | + | paragraph that is required by statute or regulation to be licensed or certified by 21 |
|---|
| 951 | + | the Department of Health or that is eligible to receive payments, in whole or in 22 |
|---|
| 952 | + | part, from the Department of Health to provide for the health, safety, and 23 |
|---|
| 953 | + | welfare of persons who are served by the programs administered by the 24 |
|---|
| 954 | + | Department of Health; 25 |
|---|
| 955 | + | (21) employment as a village public safety officer under AS 18.65.672 26 |
|---|
| 956 | + | or certification as a village public safety officer under AS 18.65.682; 27 |
|---|
| 957 | + | (22) licensure, license renewal, certification, or certification renewal 28 |
|---|
| 958 | + | by the Department of Family and Community Services of an individual or entity, or 29 |
|---|
| 959 | + | payment from the Department of Family and Community Services to an individual or 30 |
|---|
| 960 | + | entity, subject to the requirements for a criminal history check under AS 47.05.310 for 31 33-LS0139\S |
|---|
| 961 | + | SB0075B -29- CSSB 75(FIN) |
|---|
| 962 | + | New Text Underlined [DELETED TEXT BRACKETED] |
|---|
| 963 | + | |
|---|
| 964 | + | a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 1 |
|---|
| 965 | + | including an owner, officer, director, member, partner, employee, volunteer, or 2 |
|---|
| 966 | + | contractor of an entity; 3 |
|---|
| 967 | + | (23) licensure to practice audiology or speech-language pathology 4 |
|---|
| 968 | + | under AS 08.11. 5 |
|---|
| 969 | + | * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 6 |
|---|
| 970 | + | read: 7 |
|---|
| 971 | + | TRANSITION: REGULATIONS. The Department of Commerce, Community, and 8 |
|---|
| 972 | + | Economic Development may adopt regulations as necessary to implement the changes made 9 |
|---|
| 973 | + | by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 10 |
|---|
| 974 | + | not before the effective date of the law implemented by the regulation. 11 |
|---|
| 975 | + | * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 12 |
|---|
| 976 | + | * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2024. 13 |
|---|