Hawaii 2024 Regular Session

Hawaii Senate Bill SB317 Compare Versions

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

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1	1	THE SENATE S.B. NO. 317 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 317
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT § -1 Name. This chapter may be cited as the Audiology and Speech-Language Pathology Interstate Compact. § -2 Terms and provisions of compact. The legislature hereby authorizes the governor to enter into a compact on behalf of the State of Hawaii with any other state legally joining therein, in the form substantially as follows: AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT Section 1. Purpose The purpose of this compact is to facilitate interstate practice of audiology and speechlanguage pathology with the goal of improving public access to audiology and speechlanguage pathology services. The practice of audiology and speechlanguage pathology occurs in the state where the patient is located at the time of the patient encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives: (1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses; (2) Enhance the ability of states to protect the public's health and safety; (3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice; (4) Support spouses of relocating active duty military personnel; (5) Enhance the exchange of licensure, investigative, and disciplinary information among member states; (6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to the practice standards of that state; and (7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services. Section 2. Definitions As used in this compact, and except as otherwise provided, the following definitions shall apply: (A) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders in accordance with Title 10, United States Code, chapters 1209 and 1211. (B) "Adverse action" means any administrative, civil, equitable, or criminal action authorized by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice. (C) "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. (D) "Audiologist" means an individual who is licensed by a state to practice audiology. (E) "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. (F) "Audiology and Speech-Language Pathology Compact Commission" or "Commission" means the national administrative body established under section 8 whose membership consists of all states that have enacted the compact. (G) "Audiology and speech-language pathology licensing board", "audiology licensing board", "speech-language pathology licensing board", or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists or speech-language pathologists. (H) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient is located at the time of the patient encounter. (I) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. (J) "Data system" means a repository of information about licensees established under section 9, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action. (K) "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioner Data Bank. (L) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. (M) "Home state" means the member state that is the licensee's primary state of residence. (N) "Impaired practitioner" means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. (O) "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. (P) "Member state" means a state that has enacted the compact. (Q) "Privilege to practice" means a legal authorization authorizing the practice of audiology or speech-language pathology in a remote state. (R) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. (S) "Rule" means a regulation, principle, or directive adopted by the commission that has the force of law. (T) "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. (U) "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology. (V) "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. (W) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology. (X) "State practice laws" means the laws, rules, and regulations of a member state that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline. (Y) "Telehealth" means the application of telecommunication, audio-visual, or other information technologies that meets the applicable standard of care to deliver audiology or speech-language pathology services or information at a distance for assessment, intervention, or consultation. Section 3. State Participation in the Compact (A) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or a speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state where the licensee obtains such a privilege. (B)(1) A state must implement or use procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. (2) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. (3) Communication between a member state and the commission, and among member states regarding the verification of eligibility for licensure through the compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544. (C) On application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant. (D) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws. (E) An audiologist must: (1) Meet one of the following educational requirements: (I) On or before, December 31, 2007, have graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a state licensing board; (II) On or after, January 1, 2008, have graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a state licensing board; or (III) Have graduated from an audiology program that is housed in an institution of higher education outside the United States: (1) For which the program and institution have been approved by the authorized accrediting body in the applicable country; and (2) Whose degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program. (2) Have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission; (3) Have successfully passed a national examination approved by the commission; (4) Hold an active, unencumbered license; (5) Have not been convicted or found guilty of, and have not entered into an agreed disposition regarding, a felony related to the practice of audiology, under applicable state or federal criminal law; and (6) Have a valid United States Social Security or National Practitioner Identification number. (F) A speech-language pathologist must: (1) Meet one of the following educational requirements: (I) Have graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a licensing board; or (II) Have graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States: (1) For which the program and institution have been approved by the authorized accrediting body in the applicable country; and (2) Whose degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program; (2) Have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission; (3) Have completed a supervised postgraduate professional experience as required by the commission; (4) Have successfully passed a national examination approved by the commission; (5) Hold an active, unencumbered license; (6) Have not been convicted or found guilty of, and have not entered into an agreed disposition regarding, a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and (7) Have a valid United States Social Security or National Practitioner Identification number. (G) The privilege to practice is derived from the home state license. (H) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the patient is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the patient is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the patient is located at the time service is provided. (I) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals may not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license. (J) Member states may charge a fee for granting a compact privilege. (K) Member states must comply with the bylaws and rules and regulations of the commission. Section 4. Compact Privilege (A) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall: (1) Hold an active license in the home state; (2) Have no encumbrance on any state license; (3) Be eligible for a compact privilege in any member state in accordance with section 3; (4) Have not had any adverse action against any license or compact privilege within the previous 2 years from date of application; (5) Notify the commission that the licensee is seeking the compact privilege within a remote state; (6) Pay any applicable fees, including any state fee, for the compact privilege; and (7) Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken. (B) For the purposes of the compact privilege, an audiologist or speech-language pathologist may hold only one home state license at a time. (C) Except as provided in section 6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission. (D) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence. (E) A license may not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state. (F) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state, and the compact privilege in any member state is deactivated in accordance with rules adopted by the commission. (G) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (A) of this section to maintain the compact privilege in the remote state. (H) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (I) A licensee providing audiology or speech-language pathology services in a remote state is subject to the regulatory authority of that state. A remote state may, in accordance with due process and the laws of that state, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. (J) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur: (1) The home state license is no longer encumbered; and (2) 2 years have elapsed from the date of the adverse action. (K) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) of this section to obtain a compact privilege in any remote state. (L) Once the requirements of subsection (J) of this section have been met, the licensee must meet the requirements in subsection (A) of this section to obtain a compact privilege in a remote state. Section 5. Compact Privilege to Practice Telehealth (A) Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 3 and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission. (B) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state. Section 6. Active Duty Military Personnel or their Spouses Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall change the home state of the individual only through application for licensure in the new state. Section 7. Adverse Actions (A)(1) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to: (I) Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state; and (II) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. (2) Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located. (3) Only the home state shall have the power to take adverse action against an audiologist's or a speech-language pathologist's license issued by the home state. (B) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (C) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions. (D) If otherwise authorized by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist. (E) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. (F)(1) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact. (G) If adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order. (H) If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state, and any remote state in which the licensee has a privilege to practice, of any adverse actions by the home state or remote states. (I) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action. Section 8. Establishment of the Audiology and Speech-Language Pathology Compact Commission (A)(1) The compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission. (2) The commission is an instrumentality of the compact states. (3) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (4) Nothing in this compact shall be construed to be a waiver of sovereign immunity. (B)(1) Each member state shall have two delegates selected by the licensing board of that member state. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist. (2) An additional five delegates, who are either public members or board administrators from state licensing boards, shall be chosen by the executive committee from a pool of nominees provided by the commission at large. (3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (4) The member state board shall fill any vacancy occurring on the commission, within 90 days. (5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. (6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for the participation of the delegates in meetings by telephone or other means of communication. (7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (C) The commission shall have the following powers and duties: (1) Establish the fiscal year of the commission; (2) Establish bylaws; (3) Establish a code of ethics; (4) Maintain its financial records in accordance with the bylaws; (5) Meet and take actions as are consistent with the provisions of this compact and the bylaws; (6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact that shall have the force and effect of law and shall be binding in all member states to the extent and manner provided for in this compact; (7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected; (8) Purchase and maintain insurance and bonds; (9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (10) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest; (12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall avoid any appearance of impropriety; (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (14) Establish a budget and make expenditures; (15) Borrow money; (16) Appoint committees, including standing committees composed of members and other interested persons as may be designated in this compact and the bylaws; (17) Provide and receive information from, and cooperate with, law enforcement agencies; (18) Establish and elect an executive committee; and (19) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with state regulation of audiology and speech-language pathology licensure and practice. (D) The commission has no authority to change or modify the laws of the member states which define the practice of audiology or speech-language pathology in the respective states. (E)(1) The executive committee shall have the power to act on behalf of the commission, within the powers of the commission, according to the terms of this compact. (2) The executive committee shall be composed of the following members: (I) Seven voting members who are elected by the commission from the current membership of the commission; (II) Two ex officio members, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and (III) One ex officio, nonvoting member from the recognized membership organization of the audiology or speech-language pathology licensing boards. (3) The ex officio members shall be selected by their respective organizations. (F)(1) The commission may remove any member of the executive committee as provided in the bylaws. (2) The executive committee shall meet at least annually. (3) The executive committee shall have the following duties and responsibilities: (I) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege; (II) Ensure compact administration services are appropriately provided, contractual or otherwise; (III) Prepare and recommend the budget; (IV) Maintain financial records on behalf of the commission; (V) Monitor compact compliance of member states and provide compliance reports to the commission; (VI) Establish additional committees as necessary; and (VII) Other duties as provided in rules or bylaws. (4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 10. (5) The commission, the executive committee, or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss: (I) Noncompliance of a member state with its obligations under the compact; (II) The employment, compensation, discipline or other matters, practices or procedures related to specific employees, or other matters related to the commission's internal personnel practices and procedures; (III) Current, threatened, or reasonably anticipated litigation; (IV) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (V) Accusing any person of a crime or formally censuring any person; (VI) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (VII) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (VIII) Disclosure of investigative records compiled for law enforcement purposes; (IX) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (X) Matters specifically exempted from disclosure by federal or member state statute. (6) If a meeting, or portion of a meeting, is closed in accordance with this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. (7) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. All minutes and documents of meetings other than a closed meeting shall be made available to members of the public upon request at the requesting person's expense. (8) (I) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (II) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (III) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the commission, which shall promulgate a rule binding on all member states. (9) The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state. (10) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission. (G)(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any person from suit and liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. (2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. Section 9. Data System (A) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including: (1) Identifying information; (2) Licensure data; (3) Adverse actions against a license or compact privilege; (4) Nonconfidential information related to alternative program participation; (5) Any denial of application for licensure, and the reason for denial; and (6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission. (C) Investigative information pertaining to a licensee in any member state may be available only to other member states. (D) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state. (E) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (F) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. Section 10. Rulemaking (A) The commission shall exercise its rulemaking powers in accordance with the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (B) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years after the date of adoption of the rule, the rule shall have no further force and effect in any member state. (C) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission. (D) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule shall be considered and voted on, the commission shall file a notice of proposed rulemaking: (1) On the website of the commission or other publicly accessible platform; and (2) On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (E) The notice of proposed rulemaking shall include: (1) The proposed time, date, and location of the meeting during which the rule shall be considered and voted on; (2) The text of the proposed rule or amendment and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. (F) Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. (G) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) At least 25 persons; (2) A state or federal governmental subdivision or agency; or (3) An association having at least 25 members. (H)(1) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for accessing the electronic hearing. (2) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing. (3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (4) All hearings shall be recorded. A copy of the recording shall be made available to any person on request and at the requesting person's expense. (5) Nothing in this subsection shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this subsection. (I) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. (J) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing. (K) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (L) On determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of commission or member state funds; or (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule. (M) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. Section 11. Oversight, Dispute Resolution, and Enforcement (A)(1) On request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (B)(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. Section 12. Date of Implementation of the Audiology and Speech-Language Pathology Interstate Compact and Associated Rules, Withdrawal, and Amendment (A) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact. (B) Any state that joins the compact subsequent to the initial adoption of the rules by the commission shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state. (C)(1) Any member state may withdraw from this compact by enacting a statute repealing the same. (2) A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute. (3) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. (D) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. (E) This compact may be amended by the member states. No amendment to this compact shall become effective and binding on any member state until it is enacted into the laws of all member states. Section 13. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. Section 14. Binding Effect of Compact and Other Laws (A) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (B) All laws in a member state in conflict with the compact are superseded to the extent of the conflict. (C) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding on the member states. (D) All agreements between the commission and the member states are binding in accordance with their terms. (E) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. § -3 Rules. The department of commerce and consumer affairs shall adopt rules pursuant to chapter 91 for the purposes of implementing and administering this chapter." SECTION 2. This Act shall take effect on December 31, 2050.
48	48
49	49	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
50	50
51	51	"Chapter
52	52
53	53	AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
54	54
55	55	§ -1 Name. This chapter may be cited as the Audiology and Speech-Language Pathology Interstate Compact.
56	56
57	57	§ -2 Terms and provisions of compact. The legislature hereby authorizes the governor to enter into a compact on behalf of the State of Hawaii with any other state legally joining therein, in the form substantially as follows:
58	58
59	59	AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
60	60
61	61	Section 1. Purpose
62	62
63	63	The purpose of this compact is to facilitate interstate practice of audiology and speechlanguage pathology with the goal of improving public access to audiology and speechlanguage pathology services. The practice of audiology and speechlanguage pathology occurs in the state where the patient is located at the time of the patient encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
64	64
65	65	(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
66	66
67	67	(2) Enhance the ability of states to protect the public's health and safety;
68	68
69	69	(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;
70	70
71	71	(4) Support spouses of relocating active duty military personnel;
72	72
73	73	(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states;
74	74
75	75	(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to the practice standards of that state; and
76	76
77	77	(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
78	78
79	79	Section 2. Definitions
80	80
81	81	As used in this compact, and except as otherwise provided, the following definitions shall apply:
82	82
83	83	(A) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders in accordance with Title 10, United States Code, chapters 1209 and 1211.
84	84
85	85	(B) "Adverse action" means any administrative, civil, equitable, or criminal action authorized by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.
86	86
87	87	(C) "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
88	88
89	89	(D) "Audiologist" means an individual who is licensed by a state to practice audiology.
90	90
91	91	(E) "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.
92	92
93	93	(F) "Audiology and Speech-Language Pathology Compact Commission" or "Commission" means the national administrative body established under section 8 whose membership consists of all states that have enacted the compact.
94	94
95	95	(G) "Audiology and speech-language pathology licensing board", "audiology licensing board", "speech-language pathology licensing board", or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists or speech-language pathologists.
96	96
97	97	(H) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient is located at the time of the patient encounter.
98	98
99	99	(I) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
100	100
101	101	(J) "Data system" means a repository of information about licensees established under section 9, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.
102	102
103	103	(K) "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioner Data Bank.
104	104
105	105	(L) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
106	106
107	107	(M) "Home state" means the member state that is the licensee's primary state of residence.
108	108
109	109	(N) "Impaired practitioner" means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.
110	110
111	111	(O) "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.
112	112
113	113	(P) "Member state" means a state that has enacted the compact.
114	114
115	115	(Q) "Privilege to practice" means a legal authorization authorizing the practice of audiology or speech-language pathology in a remote state.
116	116
117	117	(R) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
118	118
119	119	(S) "Rule" means a regulation, principle, or directive adopted by the commission that has the force of law.
120	120
121	121	(T) "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
122	122
123	123	(U) "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.
124	124
125	125	(V) "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.
126	126
127	127	(W) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.
128	128
129	129	(X) "State practice laws" means the laws, rules, and regulations of a member state that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.
130	130
131	131	(Y) "Telehealth" means the application of telecommunication, audio-visual, or other information technologies that meets the applicable standard of care to deliver audiology or speech-language pathology services or information at a distance for assessment, intervention, or consultation.
132	132
133	133	Section 3. State Participation in the Compact
134	134
135	135	(A) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or a speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state where the licensee obtains such a privilege.
136	136
137	137	(B)(1) A state must implement or use procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.
138	138
139	139	(2) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.
140	140
141	141	(3) Communication between a member state and the commission, and among member states regarding the verification of eligibility for licensure through the compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.
142	142
143	143	(C) On application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.
144	144
145	145	(D) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws.
146	146
147	147	(E) An audiologist must:
148	148
149	149	(1) Meet one of the following educational requirements:
150	150
151	151	(I) On or before, December 31, 2007, have graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a state licensing board;
152	152
153	153	(II) On or after, January 1, 2008, have graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a state licensing board; or
154	154
155	155	(III) Have graduated from an audiology program that is housed in an institution of higher education outside the United States:
156	156
157	157	(1) For which the program and institution have been approved by the authorized accrediting body in the applicable country; and
158	158
159	159	(2) Whose degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.
160	160
161	161	(2) Have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission;
162	162
163	163	(3) Have successfully passed a national examination approved by the commission;
164	164
165	165	(4) Hold an active, unencumbered license;
166	166
167	167	(5) Have not been convicted or found guilty of, and have not entered into an agreed disposition regarding, a felony related to the practice of audiology, under applicable state or federal criminal law; and
168	168
169	169	(6) Have a valid United States Social Security or National Practitioner Identification number.
170	170
171	171	(F) A speech-language pathologist must:
172	172
173	173	(1) Meet one of the following educational requirements:
174	174
175	175	(I) Have graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a licensing board; or
176	176
177	177	(II) Have graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States:
178	178
179	179	(1) For which the program and institution have been approved by the authorized accrediting body in the applicable country; and
180	180
181	181	(2) Whose degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;
182	182
183	183	(2) Have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission;
184	184
185	185	(3) Have completed a supervised postgraduate professional experience as required by the commission;
186	186
187	187	(4) Have successfully passed a national examination approved by the commission;
188	188
189	189	(5) Hold an active, unencumbered license;
190	190
191	191	(6) Have not been convicted or found guilty of, and have not entered into an agreed disposition regarding, a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and
192	192
193	193	(7) Have a valid United States Social Security or National Practitioner Identification number.
194	194
195	195	(G) The privilege to practice is derived from the home state license.
196	196
197	197	(H) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the patient is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the patient is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the patient is located at the time service is provided.
198	198
199	199	(I) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals may not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
200	200
201	201	(J) Member states may charge a fee for granting a compact privilege.
202	202
203	203	(K) Member states must comply with the bylaws and rules and regulations of the commission.
204	204
205	205	Section 4. Compact Privilege
206	206
207	207	(A) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall:
208	208
209	209	(1) Hold an active license in the home state;
210	210
211	211	(2) Have no encumbrance on any state license;
212	212
213	213	(3) Be eligible for a compact privilege in any member state in accordance with section 3;
214	214
215	215	(4) Have not had any adverse action against any license or compact privilege within the previous 2 years from date of application;
216	216
217	217	(5) Notify the commission that the licensee is seeking the compact privilege within a remote state;
218	218
219	219	(6) Pay any applicable fees, including any state fee, for the compact privilege; and
220	220
221	221	(7) Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.
222	222
223	223	(B) For the purposes of the compact privilege, an audiologist or speech-language pathologist may hold only one home state license at a time.
224	224
225	225	(C) Except as provided in section 6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.
226	226
227	227	(D) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.
228	228
229	229	(E) A license may not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
230	230
231	231	(F) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state, and the compact privilege in any member state is deactivated in accordance with rules adopted by the commission.
232	232
233	233	(G) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (A) of this section to maintain the compact privilege in the remote state.
234	234
235	235	(H) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
236	236
237	237	(I) A licensee providing audiology or speech-language pathology services in a remote state is subject to the regulatory authority of that state. A remote state may, in accordance with due process and the laws of that state, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens.
238	238
239	239	(J) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
240	240
241	241	(1) The home state license is no longer encumbered; and
242	242
243	243	(2) 2 years have elapsed from the date of the adverse action.
244	244
245	245	(K) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) of this section to obtain a compact privilege in any remote state.
246	246
247	247	(L) Once the requirements of subsection (J) of this section have been met, the licensee must meet the requirements in subsection (A) of this section to obtain a compact privilege in a remote state.
248	248
249	249	Section 5. Compact Privilege to Practice Telehealth
250	250
251	251	(A) Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 3 and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
252	252
253	253	(B) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
254	254
255	255	Section 6. Active Duty Military Personnel or their Spouses
256	256
257	257	Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall change the home state of the individual only through application for licensure in the new state.
258	258
259	259	Section 7. Adverse Actions
260	260
261	261	(A)(1) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
262	262
263	263	(I) Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state; and
264	264
265	265	(II) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.
266	266
267	267	(2) Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
268	268
269	269	(3) Only the home state shall have the power to take adverse action against an audiologist's or a speech-language pathologist's license issued by the home state.
270	270
271	271	(B) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
272	272
273	273	(C) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
274	274
275	275	(D) If otherwise authorized by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.
276	276
277	277	(E) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
278	278
279	279	(F)(1) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
280	280
281	281	(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
282	282
283	283	(G) If adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.
284	284
285	285	(H) If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state, and any remote state in which the licensee has a privilege to practice, of any adverse actions by the home state or remote states.
286	286
287	287	(I) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
288	288
289	289	Section 8. Establishment of the Audiology and Speech-Language Pathology Compact Commission
290	290
291	291	(A)(1) The compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission.
292	292
293	293	(2) The commission is an instrumentality of the compact states.
294	294
295	295	(3) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
296	296
297	297	(4) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
298	298
299	299	(B)(1) Each member state shall have two delegates selected by the licensing board of that member state. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.
300	300
301	301	(2) An additional five delegates, who are either public members or board administrators from state licensing boards, shall be chosen by the executive committee from a pool of nominees provided by the commission at large.
302	302
303	303	(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
304	304
305	305	(4) The member state board shall fill any vacancy occurring on the commission, within 90 days.
306	306
307	307	(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
308	308
309	309	(6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for the participation of the delegates in meetings by telephone or other means of communication.
310	310
311	311	(7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
312	312
313	313	(C) The commission shall have the following powers and duties:
314	314
315	315	(1) Establish the fiscal year of the commission;
316	316
317	317	(2) Establish bylaws;
318	318
319	319	(3) Establish a code of ethics;
320	320
321	321	(4) Maintain its financial records in accordance with the bylaws;
322	322
323	323	(5) Meet and take actions as are consistent with the provisions of this compact and the bylaws;
324	324
325	325	(6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact that shall have the force and effect of law and shall be binding in all member states to the extent and manner provided for in this compact;
326	326
327	327	(7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;
328	328
329	329	(8) Purchase and maintain insurance and bonds;
330	330
331	331	(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
332	332
333	333	(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
334	334
335	335	(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
336	336
337	337	(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall avoid any appearance of impropriety;
338	338
339	339	(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
340	340
341	341	(14) Establish a budget and make expenditures;
342	342
343	343	(15) Borrow money;
344	344
345	345	(16) Appoint committees, including standing committees composed of members and other interested persons as may be designated in this compact and the bylaws;
346	346
347	347	(17) Provide and receive information from, and cooperate with, law enforcement agencies;
348	348
349	349	(18) Establish and elect an executive committee; and
350	350
351	351	(19) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with state regulation of audiology and speech-language pathology licensure and practice.
352	352
353	353	(D) The commission has no authority to change or modify the laws of the member states which define the practice of audiology or speech-language pathology in the respective states.
354	354
355	355	(E)(1) The executive committee shall have the power to act on behalf of the commission, within the powers of the commission, according to the terms of this compact.
356	356
357	357	(2) The executive committee shall be composed of the following members:
358	358
359	359	(I) Seven voting members who are elected by the commission from the current membership of the commission;
360	360
361	361	(II) Two ex officio members, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and
362	362
363	363	(III) One ex officio, nonvoting member from the recognized membership organization of the audiology or speech-language pathology licensing boards.
364	364
365	365	(3) The ex officio members shall be selected by their respective organizations.
366	366
367	367	(F)(1) The commission may remove any member of the executive committee as provided in the bylaws.
368	368
369	369	(2) The executive committee shall meet at least annually.
370	370
371	371	(3) The executive committee shall have the following duties and responsibilities:
372	372
373	373	(I) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;
374	374
375	375	(II) Ensure compact administration services are appropriately provided, contractual or otherwise;
376	376
377	377	(III) Prepare and recommend the budget;
378	378
379	379	(IV) Maintain financial records on behalf of the commission;
380	380
381	381	(V) Monitor compact compliance of member states and provide compliance reports to the commission;
382	382
383	383	(VI) Establish additional committees as necessary; and
384	384
385	385	(VII) Other duties as provided in rules or bylaws.
386	386
387	387	(4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 10.
388	388
389	389	(5) The commission, the executive committee, or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss:
390	390
391	391	(I) Noncompliance of a member state with its obligations under the compact;
392	392
393	393	(II) The employment, compensation, discipline or other matters, practices or procedures related to specific employees, or other matters related to the commission's internal personnel practices and procedures;
394	394
395	395	(III) Current, threatened, or reasonably anticipated litigation;
396	396
397	397	(IV) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
398	398
399	399	(V) Accusing any person of a crime or formally censuring any person;
400	400
401	401	(VI) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
402	402
403	403	(VII) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
404	404
405	405	(VIII) Disclosure of investigative records compiled for law enforcement purposes;
406	406
407	407	(IX) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
408	408
409	409	(X) Matters specifically exempted from disclosure by federal or member state statute.
410	410
411	411	(6) If a meeting, or portion of a meeting, is closed in accordance with this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
412	412
413	413	(7) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. All minutes and documents of meetings other than a closed meeting shall be made available to members of the public upon request at the requesting person's expense.
414	414
415	415	(8) (I) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
416	416
417	417	(II) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
418	418
419	419	(III) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the commission, which shall promulgate a rule binding on all member states.
420	420
421	421	(9) The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
422	422
423	423	(10) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
424	424
425	425	(G)(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any person from suit and liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
426	426
427	427	(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
428	428
429	429	(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
430	430
431	431	Section 9. Data System
432	432
433	433	(A) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
434	434
435	435	(B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
436	436
437	437	(1) Identifying information;
438	438
439	439	(2) Licensure data;
440	440
441	441	(3) Adverse actions against a license or compact privilege;
442	442
443	443	(4) Nonconfidential information related to alternative program participation;
444	444
445	445	(5) Any denial of application for licensure, and the reason for denial; and
446	446
447	447	(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
448	448
449	449	(C) Investigative information pertaining to a licensee in any member state may be available only to other member states.
450	450
451	451	(D) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
452	452
453	453	(E) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
454	454
455	455	(F) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
456	456
457	457	Section 10. Rulemaking
458	458
459	459	(A) The commission shall exercise its rulemaking powers in accordance with the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
460	460
461	461	(B) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years after the date of adoption of the rule, the rule shall have no further force and effect in any member state.
462	462
463	463	(C) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
464	464
465	465	(D) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule shall be considered and voted on, the commission shall file a notice of proposed rulemaking:
466	466
467	467	(1) On the website of the commission or other publicly accessible platform; and
468	468
469	469	(2) On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
470	470
471	471	(E) The notice of proposed rulemaking shall include:
472	472
473	473	(1) The proposed time, date, and location of the meeting during which the rule shall be considered and voted on;
474	474
475	475	(2) The text of the proposed rule or amendment and the reason for the proposed rule;
476	476
477	477	(3) A request for comments on the proposed rule from any interested person; and
478	478
479	479	(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
480	480
481	481	(F) Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
482	482
483	483	(G) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
484	484
485	485	(1) At least 25 persons;
486	486
487	487	(2) A state or federal governmental subdivision or agency; or
488	488
489	489	(3) An association having at least 25 members.
490	490
491	491	(H)(1) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for accessing the electronic hearing.
492	492
493	493	(2) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.
494	494
495	495	(3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
496	496
497	497	(4) All hearings shall be recorded. A copy of the recording shall be made available to any person on request and at the requesting person's expense.
498	498
499	499	(5) Nothing in this subsection shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this subsection.
500	500
501	501	(I) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
502	502
503	503	(J) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
504	504
505	505	(K) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
506	506
507	507	(L) On determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
508	508
509	509	(1) Meet an imminent threat to public health, safety, or welfare;
510	510
511	511	(2) Prevent a loss of commission or member state funds; or
512	512
513	513	(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.
514	514
515	515	(M) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
516	516
517	517	Section 11. Oversight, Dispute Resolution, and Enforcement
518	518
519	519	(A)(1) On request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
520	520
521	521	(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
522	522
523	523	(B)(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
524	524
525	525	(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.
526	526
527	527	(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
528	528
529	529	Section 12. Date of Implementation of the Audiology and Speech-Language Pathology Interstate Compact and Associated Rules, Withdrawal, and Amendment
530	530
531	531	(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
532	532
533	533	(B) Any state that joins the compact subsequent to the initial adoption of the rules by the commission shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
534	534
535	535	(C)(1) Any member state may withdraw from this compact by enacting a statute repealing the same.
536	536
537	537	(2) A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
538	538
539	539	(3) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
540	540
541	541	(D) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
542	542
543	543	(E) This compact may be amended by the member states. No amendment to this compact shall become effective and binding on any member state until it is enacted into the laws of all member states.
544	544
545	545	Section 13. Construction and Severability
546	546
547	547	This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
548	548
549	549	Section 14. Binding Effect of Compact and Other Laws
550	550
551	551	(A) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
552	552
553	553	(B) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
554	554
555	555	(C) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding on the member states.
556	556
557	557	(D) All agreements between the commission and the member states are binding in accordance with their terms.
558	558
559	559	(E) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
560	560
561	561	§ -3 Rules. The department of commerce and consumer affairs shall adopt rules pursuant to chapter 91 for the purposes of implementing and administering this chapter."
562	562
563	563	SECTION 2. This Act shall take effect on December 31, 2050.
564	564
565	565	Report Title: Audiology and Speech-Language Pathology Interstate Compact; Licensure; Privilege to Practice; Department of Commerce and Consumer Affairs; Rules Description: Establishes provisions relating to the Audiology and Speech-Language Pathology Interstate Compact to facilitate interstate practice of audiology and speech-language pathology. Requires the Department of Commerce and Consumer Affairs to adopt rules to implement and administer the Compact. Effective 12/31/2050. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
566	566
567	567
568	568
569	569
570	570
571	571	Report Title:
572	572
573	573	Audiology and Speech-Language Pathology Interstate Compact; Licensure; Privilege to Practice; Department of Commerce and Consumer Affairs; Rules
574	574
575	575
576	576
577	577	Description:
578	578
579	579	Establishes provisions relating to the Audiology and Speech-Language Pathology Interstate Compact to facilitate interstate practice of audiology and speech-language pathology. Requires the Department of Commerce and Consumer Affairs to adopt rules to implement and administer the Compact. Effective 12/31/2050. (SD1)
580	580
581	581
582	582
583	583
584	584
585	585
586	586
587	587	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.