103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3264 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: New Act225 ILCS 110/4.3 new Creates the Audiology and Speech-Language Pathology Interstate Compact Act. Enters into the compact, which may be entered into by any state, commonwealth, district, or territory of the United States of America, in order to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services, along with other stated objectives. Defines terms. Provides that 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 speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. Contains other provisions relating to: state participation in the compact; compact privilege, including practicing telehealth; designation of home state by active military or their spouses; taking adverse actions against audiologists and speech-language pathologists; creation of the Audiology and Speech-Language Pathology Compact Commission, including rulemaking authority; database and reporting system; oversight, dispute resolution, and enforcement; construction and severability; and the binding effect of compact and other laws. Provides that the Compact shall come into effect on the date on which the Compact is enacted into law in the 10th member state, commonwealth, district, or territory. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that, if the Audiology and Speech-Language Pathology Interstate Compact becomes law, the Department of Financial and Professional Regulation shall revise its rules related to implementing and enforcing the Illinois Speech-Language Pathology and Audiology Practice Act to be in conformance with the Compact, if necessary. Provides that the Department shall also make recommendations in a report to the General Assembly as to what portions of the Act and other laws should be modified, if at all, to be consistent with the Compact. LRB103 30793 AWJ 57285 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3264 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: New Act225 ILCS 110/4.3 new New Act 225 ILCS 110/4.3 new Creates the Audiology and Speech-Language Pathology Interstate Compact Act. Enters into the compact, which may be entered into by any state, commonwealth, district, or territory of the United States of America, in order to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services, along with other stated objectives. Defines terms. Provides that 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 speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. Contains other provisions relating to: state participation in the compact; compact privilege, including practicing telehealth; designation of home state by active military or their spouses; taking adverse actions against audiologists and speech-language pathologists; creation of the Audiology and Speech-Language Pathology Compact Commission, including rulemaking authority; database and reporting system; oversight, dispute resolution, and enforcement; construction and severability; and the binding effect of compact and other laws. Provides that the Compact shall come into effect on the date on which the Compact is enacted into law in the 10th member state, commonwealth, district, or territory. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that, if the Audiology and Speech-Language Pathology Interstate Compact becomes law, the Department of Financial and Professional Regulation shall revise its rules related to implementing and enforcing the Illinois Speech-Language Pathology and Audiology Practice Act to be in conformance with the Compact, if necessary. Provides that the Department shall also make recommendations in a report to the General Assembly as to what portions of the Act and other laws should be modified, if at all, to be consistent with the Compact. LRB103 30793 AWJ 57285 b LRB103 30793 AWJ 57285 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3264 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
New Act225 ILCS 110/4.3 new New Act 225 ILCS 110/4.3 new
New Act
225 ILCS 110/4.3 new
Creates the Audiology and Speech-Language Pathology Interstate Compact Act. Enters into the compact, which may be entered into by any state, commonwealth, district, or territory of the United States of America, in order to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services, along with other stated objectives. Defines terms. Provides that 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 speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. Contains other provisions relating to: state participation in the compact; compact privilege, including practicing telehealth; designation of home state by active military or their spouses; taking adverse actions against audiologists and speech-language pathologists; creation of the Audiology and Speech-Language Pathology Compact Commission, including rulemaking authority; database and reporting system; oversight, dispute resolution, and enforcement; construction and severability; and the binding effect of compact and other laws. Provides that the Compact shall come into effect on the date on which the Compact is enacted into law in the 10th member state, commonwealth, district, or territory. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that, if the Audiology and Speech-Language Pathology Interstate Compact becomes law, the Department of Financial and Professional Regulation shall revise its rules related to implementing and enforcing the Illinois Speech-Language Pathology and Audiology Practice Act to be in conformance with the Compact, if necessary. Provides that the Department shall also make recommendations in a report to the General Assembly as to what portions of the Act and other laws should be modified, if at all, to be consistent with the Compact.
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A BILL FOR
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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Audiology and Speech-Language Pathology Interstate Compact
6 Act.
7 Section 5. Execution of compact. The Audiology and
8 Speech-Language Pathology Interstate Compact is hereby enacted
9 into law and entered into with any state, commonwealth,
10 district or territory of the United States of America which
11 legally joins in substantially the following form:
12 "SECTION 1: PURPOSE
13 The purpose of this Compact is to facilitate interstate
14 practice of audiology and speech-language pathology with the
15 goal of improving public access to audiology and
16 speech-language pathology services. The practice of audiology
17 and speech-language pathology occurs in the state where the
18 patient/client/student is located at the time of the
19 patient/client/student encounter. The Compact preserves the
20 regulatory authority of states to protect public health and
21 safety through the current system of state licensure.
22 This Compact is designed to achieve the following
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3264 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
New Act225 ILCS 110/4.3 new New Act 225 ILCS 110/4.3 new
New Act
225 ILCS 110/4.3 new
Creates the Audiology and Speech-Language Pathology Interstate Compact Act. Enters into the compact, which may be entered into by any state, commonwealth, district, or territory of the United States of America, in order to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services, along with other stated objectives. Defines terms. Provides that 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 speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. Contains other provisions relating to: state participation in the compact; compact privilege, including practicing telehealth; designation of home state by active military or their spouses; taking adverse actions against audiologists and speech-language pathologists; creation of the Audiology and Speech-Language Pathology Compact Commission, including rulemaking authority; database and reporting system; oversight, dispute resolution, and enforcement; construction and severability; and the binding effect of compact and other laws. Provides that the Compact shall come into effect on the date on which the Compact is enacted into law in the 10th member state, commonwealth, district, or territory. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that, if the Audiology and Speech-Language Pathology Interstate Compact becomes law, the Department of Financial and Professional Regulation shall revise its rules related to implementing and enforcing the Illinois Speech-Language Pathology and Audiology Practice Act to be in conformance with the Compact, if necessary. Provides that the Department shall also make recommendations in a report to the General Assembly as to what portions of the Act and other laws should be modified, if at all, to be consistent with the Compact.
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A BILL FOR
New Act
225 ILCS 110/4.3 new
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1 objectives:
2 1. Increase public access to audiology and
3 speech-language pathology services by providing for the
4 mutual recognition of other member state licenses;
5 2. Enhance the states' ability to protect the public's
6 health and safety;
7 3. Encourage the cooperation of member states in
8 regulating multistate audiology and speech-language
9 pathology practice;
10 4. Support spouses of relocating active duty military
11 personnel;
12 5. Enhance the exchange of licensure, investigative
13 and disciplinary information between member states;
14 6. Allow a remote state to hold a provider of services
15 with a compact privilege in that state accountable to that
16 state's practice standards; and
17 7. Allow for the use of telehealth technology to
18 facilitate increased access to audiology and
19 speech-language pathology services.
20 SECTION 2: DEFINITIONS
21 As used in this Compact, and except as otherwise provided,
22 the following definitions shall apply:
23 A. "Active duty military" means full-time duty status in
24 the active uniformed service of the United States, including
25 members of the National Guard and Reserve on active duty
26 orders pursuant to 10 U.S.C. Section 1209 and 1211.
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1 B. "Adverse action" means any administrative, civil,
2 equitable or criminal action permitted by a state's laws which
3 is imposed by a licensing board or other authority against an
4 audiologist or speech-language pathologist, including actions
5 against an individual's license or privilege to practice such
6 as revocation, suspension, probation, monitoring of the
7 licensee, or restriction on the licensee's practice.
8 C. "Alternative program" means a non-disciplinary
9 monitoring process approved by an audiology or speech-language
10 pathology licensing board to address impaired practitioners.
11 D. "Audiologist" means an individual who is licensed by a
12 state to practice audiology.
13 E. "Audiology" means the care and services provided by a
14 licensed audiologist as set forth in the member state's
15 statutes and rules.
16 F. "Audiology and Speech-Language Pathology Compact
17 Commission" or "Commission" means the national administrative
18 body whose membership consists of all states that have enacted
19 the Compact.
20 G. "Audiology and speech-language pathology licensing
21 board," "audiology licensing board," "speech-language
22 pathology licensing board," or "licensing board" means the
23 agency of a state that is responsible for the licensing and
24 regulation of audiologists and/or speech-language
25 pathologists.
26 H. "Compact privilege" means the authorization granted by
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1 a remote state to allow a licensee from another member state to
2 practice as an audiologist or speech-language pathologist in
3 the remote state under its laws and rules. The practice of
4 audiology or speech-language pathology occurs in the member
5 state where the patient/client/student is located at the time
6 of the patient/client/student encounter.
7 I. "Current significant investigative information" means
8 investigative information that a licensing board, after an
9 inquiry or investigation that includes notification and an
10 opportunity for the audiologist or speech-language pathologist
11 to respond, if required by state law, has reason to believe is
12 not groundless and, if proved true, would indicate more than a
13 minor infraction.
14 J. "Data system" means a repository of information about
15 licensees, including, but not limited to, continuing
16 education, examination, licensure, investigative, compact
17 privilege and adverse action.
18 K. "Encumbered license" means a license in which an
19 adverse action restricts the practice of audiology or
20 speech-language pathology by the licensee and said adverse
21 action has been reported to the National Practitioners Data
22 Bank (NPDB).
23 L. "Executive Committee" means a group of directors
24 elected or appointed to act on behalf of, and within the powers
25 granted to them by, the Commission.
26 M. "Home state" means the member state that is the
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1 licensee's primary state of residence.
2 N. "Impaired practitioner" means individuals whose
3 professional practice is adversely affected by substance
4 abuse, addiction, or other health-related conditions.
5 O. "Licensee" means an individual who currently holds an
6 authorization from the state licensing board to practice as an
7 audiologist or speech-language pathologist.
8 P. "Member state" means a state that has enacted the
9 Compact.
10 Q. "Privilege to practice" means a legal authorization
11 permitting the practice of audiology or speech-language
12 pathology in a remote state.
13 R. "Remote state" means a member state other than the home
14 state where a licensee is exercising or seeking to exercise
15 the compact privilege.
16 S. "Rule" means a regulation, principle or directive
17 promulgated by the Commission that has the force of law.
18 T. "Single-state license" means an audiology or
19 speech-language pathology license issued by a member state
20 that authorizes practice only within the issuing state and
21 does not include a privilege to practice in any other member
22 state.
23 U. "Speech-language pathologist" means an individual who
24 is licensed by a state to practice speech-language pathology.
25 V. "Speech-language pathology" means the care and services
26 provided by a licensed speech-language pathologist as set
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1 forth in the member state's statutes and rules.
2 W. "State" means any state, commonwealth, district or
3 territory of the United States of America that regulates the
4 practice of audiology and speech-language pathology.
5 X. "State practice laws" means a member state's laws,
6 rules and regulations that govern the practice of audiology or
7 speech-language pathology, define the scope of audiology or
8 speech-language pathology practice, and create the methods and
9 grounds for imposing discipline.
10 Y. "Telehealth" means the application of telecommunication
11 technology to deliver audiology or speech-language pathology
12 services at a distance for assessment, intervention and/or
13 consultation.
14 SECTION 3. STATE PARTICIPATION IN THE COMPACT
15 A. A license issued to an audiologist or speech-language
16 pathologist by a home state to a resident in that state shall
17 be recognized by each member state as authorizing an
18 audiologist or speech-language pathologist to practice
19 audiology or speech-language pathology, under a privilege to
20 practice, in each member state.
21 B. A state must implement or utilize procedures for
22 considering the criminal history records of applicants for
23 initial privilege to practice. These procedures shall include
24 the submission of fingerprints or other biometric-based
25 information by applicants for the purpose of obtaining an
26 applicant's criminal history record information from the
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1 Federal Bureau of Investigation and the agency responsible for
2 retaining that state's criminal records.
3 1. A member state must fully implement a criminal
4 background check requirement, within a time frame
5 established by rule, by receiving the results of the
6 Federal Bureau of Investigation record search on criminal
7 background checks and use the results in making licensure
8 decisions.
9 2. Communication between a member state, the
10 Commission and among member states regarding the
11 verification of eligibility for licensure through the
12 Compact shall not include any information received from
13 the Federal Bureau of Investigation relating to a federal
14 criminal records check performed by a member state under
15 Public Law 92-544.
16 C. Upon application for a privilege to practice, the
17 licensing board in the issuing remote state shall ascertain,
18 through the data system, whether the applicant has ever held,
19 or is the holder of, a license issued by any other state,
20 whether there are any encumbrances on any license or privilege
21 to practice held by the applicant, whether any adverse action
22 has been taken against any license or privilege to practice
23 held by the applicant.
24 D. Each member state shall require an applicant to obtain
25 or retain a license in the home state and meet the home state's
26 qualifications for licensure or renewal of licensure, as well
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1 as, all other applicable state laws.
2 E. For an audiologist:
3 1. Must meet one of the following educational
4 requirements:
5 a. On or before, Dec. 31, 2007, has graduated with
6 a master's degree or doctorate in audiology, or
7 equivalent degree regardless of degree name, from a
8 program that is accredited by an accrediting agency
9 recognized by the Council for Higher Education
10 Accreditation, or its successor, or by the United
11 States Department of Education and operated by a
12 college or university accredited by a regional or
13 national accrediting organization recognized by the
14 board; or
15 b. On or after, Jan. 1, 2008, has graduated with a
16 Doctoral degree in audiology, or equivalent degree,
17 regardless of degree name, from a program that is
18 accredited by an accrediting agency recognized by the
19 Council for Higher Education Accreditation, or its
20 successor, or by the United States Department of
21 Education and operated by a college or university
22 accredited by a regional or national accrediting
23 organization recognized by the board; or
24 c. Has graduated from an audiology program that is
25 housed in an institution of higher education outside
26 of the United States (a) for which the program and
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1 institution have been approved by the authorized
2 accrediting body in the applicable country and (b) the
3 degree program has been verified by an independent
4 credentials review agency to be comparable to a state
5 licensing board-approved program.
6 2. Has completed a supervised clinical practicum
7 experience from an accredited educational institution or
8 its cooperating programs as required by the board;
9 3. Has successfully passed a national examination
10 approved by the Commission;
11 4. Holds an active, unencumbered license;
12 5. Has not been convicted or found guilty, and has not
13 entered into an agreed disposition, of a felony related to
14 the practice of speech-language pathology, under
15 applicable state or federal criminal law;
16 6. Has a valid United States Social Security or
17 National Practitioner Identification number.
18 F. For a speech-language pathologist:
19 1. Must meet one of the following educational
20 requirements:
21 a. Has graduated with a master's degree from a
22 speech-language pathology program that is accredited
23 by an organization recognized by the United States
24 Department of Education and operated by a college or
25 university accredited by a regional or national
26 accrediting organization recognized by the board; or
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1 b. Has graduated from a speech-language pathology
2 program that is housed in an institution of higher
3 education outside of the United States (a) for which
4 the program and institution have been approved by the
5 authorized accrediting body in the applicable country
6 and (b) the degree program has been verified by an
7 independent credentials review agency to be comparable
8 to a state licensing board-approved program.
9 2. Has completed a supervised clinical practicum
10 experience from an educational institution or its
11 cooperating programs as required by the Commission;
12 3. Has completed a supervised postgraduate
13 professional experience as required by the Commission;
14 4. Has successfully passed a national examination
15 approved by the Commission;
16 5. Holds an active, unencumbered license;
17 6. Has not been convicted or found guilty, and has not
18 entered into an agreed disposition, of a felony related to
19 the practice of speech-language pathology, under
20 applicable state or federal criminal law;
21 7. Has a valid United States Social Security or
22 National Practitioner Identification number.
23 G. The privilege to practice is derived from the home
24 state license.
25 H. An audiologist or speech-language pathologist
26 practicing in a member state must comply with the state
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1 practice laws of the state in which the client is located at
2 the time service is provided. The practice of audiology and
3 speech-language pathology shall include all audiology and
4 speech-language pathology practice as defined by the state
5 practice laws of the member state in which the client is
6 located. The practice of audiology and speech-language
7 pathology in a member state under a privilege to practice
8 shall subject an audiologist or speech-language pathologist to
9 the jurisdiction of the licensing board, the courts and the
10 laws of the member state in which the client is located at the
11 time service is provided.
12 I. Individuals not residing in a member state shall
13 continue to be able to apply for a member state's single-state
14 license as provided under the laws of each member state.
15 However, the single-state license granted to these individuals
16 shall not be recognized as granting the privilege to practice
17 audiology or speech-language pathology in any other member
18 state. Nothing in this Compact shall affect the requirements
19 established by a member state for the issuance of a
20 single-state license.
21 J. Member states may charge a fee for granting a compact
22 privilege.
23 K. Member states must comply with the bylaws and rules and
24 regulations of the Commission.
25 SECTION 4. COMPACT PRIVILEGE
26 A. To exercise the compact privilege under the terms and
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1 provisions of the Compact, the audiologist or speech-language
2 pathologist shall:
3 1. Hold an active license in the home state;
4 2. Have no encumbrance on any state license;
5 3. Be eligible for a compact privilege in any member
6 state in accordance with Section 3;
7 4. Have not had any adverse action against any license
8 or compact privilege within the previous 2 years from date
9 of application;
10 5. Notify the Commission that the licensee is seeking
11 the compact privilege within a remote state(s);
12 6. Pay any applicable fees, including any state fee,
13 for the compact privilege;
14 7. Report to the Commission adverse action taken by
15 any non-member state within 30 days from the date the
16 adverse action is taken.
17 B. For the purposes of the compact privilege, an
18 audiologist or speech-language pathologist shall only hold one
19 home state license at a time.
20 C. Except as provided in Section 6, if an audiologist or
21 speech-language pathologist changes primary state of residence
22 by moving between two-member states, the audiologist or
23 speech-language pathologist must apply for licensure in the
24 new home state, and the license issued by the prior home state
25 shall be deactivated in accordance with applicable rules
26 adopted by the Commission.
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1 D. The audiologist or speech-language pathologist may
2 apply for licensure in advance of a change in primary state of
3 residence.
4 E. A license shall not be issued by the new home state
5 until the audiologist or speech-language pathologist provides
6 satisfactory evidence of a change in primary state of
7 residence to the new home state and satisfies all applicable
8 requirements to obtain a license from the new home state.
9 F. If an audiologist or speech-language pathologist
10 changes primary state of residence by moving from a member
11 state to a non-member state, the license issued by the prior
12 home state shall convert to a single-state license, valid only
13 in the former home state.
14 G. The compact privilege is valid until the expiration
15 date of the home state license. The licensee must comply with
16 the requirements of Section 4A to maintain the compact
17 privilege in the remote state.
18 H. A licensee providing audiology or speech-language
19 pathology services in a remote state under the compact
20 privilege shall function within the laws and regulations of
21 the remote state.
22 I. A licensee providing audiology or speech-language
23 pathology services in a remote state is subject to that
24 state's regulatory authority. A remote state may, in
25 accordance with due process and that state's laws, remove a
26 licensee's compact privilege in the remote state for a
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1 specific period of time, impose fines, and/or take any other
2 necessary actions to protect the health and safety of its
3 citizens.
4 J. If a home state license is encumbered, the licensee
5 shall lose the compact privilege in any remote state until the
6 following occur:
7 1. The home state license is no longer encumbered; and
8 2. Two years have elapsed from the date of the adverse
9 action.
10 K. Once an encumbered license in the home state is
11 restored to good standing, the licensee must meet the
12 requirements of Section 4A to obtain a compact privilege in
13 any remote state.
14 L. Once the requirements of Section 4J have been met, the
15 licensee must meet the requirements in Section 4A to obtain a
16 compact privilege in a remote state.
17 SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
18 Member states shall recognize the right of an audiologist
19 or speech-language pathologist, licensed by a home state in
20 accordance with Section 3 and under rules promulgated by the
21 Commission, to practice audiology or speech-language pathology
22 in any member state via telehealth under a privilege to
23 practice as provided in the Compact and rules promulgated by
24 the Commission.
25 SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
26 Active duty military personnel, or their spouse, shall
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1 designate a home state where the individual has a current
2 license in good standing. The individual may retain the home
3 state designation during the period the service member is on
4 active duty. Subsequent to designating a home state, the
5 individual shall only change their home state through
6 application for licensure in the new state.
7 SECTION 7. ADVERSE ACTIONS
8 A. In addition to the other powers conferred by state law,
9 a remote state shall have the authority, in accordance with
10 existing state due process law, to:
11 1. Take adverse action against an audiologist's or
12 speech-language pathologist's privilege to practice within
13 that member state.
14 2. Issue subpoenas for both hearings and
15 investigations that require the attendance and testimony
16 of witnesses as well as the production of evidence.
17 Subpoenas issued by a licensing board in a member state
18 for the attendance and testimony of witnesses or the
19 production of evidence from another member state shall be
20 enforced in the latter state by any court of competent
21 jurisdiction, according to the practice and procedure of
22 that court applicable to subpoenas issued in proceedings
23 pending before it. The issuing authority shall pay any
24 witness fees, travel expenses, mileage and other fees
25 required by the service statutes of the state in which the
26 witnesses or evidence are located.
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1 3. Only the home state shall have the power to take
2 adverse action against an audiologist's or speech-language
3 pathologist's license issued by the home state.
4 B. For purposes of taking adverse action, the home state
5 shall give the same priority and effect to reported conduct
6 received from a member state as it would if the conduct had
7 occurred within the home state. In so doing, the home state
8 shall apply its own state laws to determine appropriate
9 action.
10 C. The home state shall complete any pending
11 investigations of an audiologist or speech-language
12 pathologist who changes primary state of residence during the
13 course of the investigations. The home state shall also have
14 the authority to take appropriate action(s) and shall promptly
15 report the conclusions of the investigations to the
16 administrator of the data system. The administrator of the
17 coordinated licensure information system shall promptly notify
18 the new home state of any adverse actions.
19 D. If otherwise permitted by state law, recover from the
20 affected audiologist or speech-language pathologist the costs
21 of investigations and disposition of cases resulting from any
22 adverse action taken against that audiologist or
23 speech-language pathologist.
24 E. Take adverse action based on the factual findings of
25 the remote state, provided that the home state follows its own
26 procedures for taking the adverse action.
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1 F. Joint Investigations.
2 1. In addition to the authority granted to a member
3 state by its respective audiology or speech-language
4 pathology practice act or other applicable state law, any
5 member state may participate with other member states in
6 joint investigations of licensees.
7 2. Member states shall share any investigative,
8 litigation, or compliance materials in furtherance of any
9 joint or individual investigation initiated under the
10 Compact.
11 G. If adverse action is taken by the home state against an
12 audiologist's or speech language pathologist's license, the
13 audiologist's or speech-language pathologist's privilege to
14 practice in all other member states shall be deactivated until
15 all encumbrances have been removed from the state license. All
16 home state disciplinary orders that impose adverse action
17 against an audiologist's or speech language pathologist's
18 license shall include a statement that the audiologist's or
19 speech-language pathologist's privilege to practice is
20 deactivated in all member states during the pendency of the
21 order.
22 H. If a member state takes adverse action, it shall
23 promptly notify the administrator of the data system. The
24 administrator of the data system shall promptly notify the
25 home state of any adverse actions by remote states.
26 I. Nothing in this Compact shall override a member state's
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1 decision that participation in an alternative program may be
2 used in lieu of adverse action.
3 SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
4 PATHOLOGY COMPACT COMMISSION
5 A. The Compact member states hereby create and establish a
6 joint public agency known as the Audiology and Speech-Language
7 Pathology Compact Commission:
8 1. The Commission is an instrumentality of the Compact
9 states.
10 2. Venue is proper and judicial proceedings by or
11 against the Commission shall be brought solely and
12 exclusively in a court of competent jurisdiction where the
13 principal office of the Commission is located. The
14 Commission may waive venue and jurisdictional defenses to
15 the extent it adopts or consents to participate in
16 alternative dispute resolution proceedings.
17 3. Nothing in this Compact shall be construed to be a
18 waiver of sovereign immunity.
19 B. Membership, Voting and Meetings.
20 1. Each member state shall have two (2) delegates
21 selected by that member state's licensing board. The
22 delegates shall be current members of the licensing board.
23 One shall be an audiologist and one shall be a
24 speech-language pathologist.
25 2. An additional five (5) delegates, who are either a
26 public member or board administrator from a state
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1 licensing board, shall be chosen by the Executive
2 Committee from a pool of nominees provided by the
3 Commission at Large.
4 3. Any delegate may be removed or suspended from
5 office as provided by the law of the state from which the
6 delegate is appointed.
7 4. The member state board shall fill any vacancy
8 occurring on the Commission, within 90 days.
9 5. Each delegate shall be entitled to one (1) vote
10 with regard to the promulgation of rules and creation of
11 bylaws and shall otherwise have an opportunity to
12 participate in the business and affairs of the Commission.
13 6. A delegate shall vote in person or by other means as
14 provided in the bylaws. The bylaws may provide for
15 delegates' participation in meetings by telephone or other
16 means of communication.
17 7. The Commission shall meet at least once during each
18 calendar year. Additional meetings shall be held as set
19 forth in the bylaws.
20 C. The Commission shall have the following powers and
21 duties:
22 1. Establish the fiscal year of the Commission;
23 2. Establish bylaws;
24 3. Establish a Code of Ethics;
25 4. Maintain its financial records in accordance with
26 the bylaws;
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1 5. Meet and take actions as are consistent with the
2 provisions of this Compact and the bylaws;
3 6. Promulgate uniform rules to facilitate and
4 coordinate implementation and administration of this
5 Compact. The rules shall have the force and effect of law
6 and shall be binding in all member states;
7 7. Bring and prosecute legal proceedings or actions in
8 the name of the Commission, provided that the standing of
9 any state audiology or speech-language pathology licensing
10 board to sue or be sued under applicable law shall not be
11 affected;
12 8. Purchase and maintain insurance and bonds;
13 9. Borrow, accept, or contract for services of
14 personnel, including, but not limited to, employees of a
15 member state;
16 10. Hire employees, elect or appoint officers, fix
17 compensation, define duties, grant individuals appropriate
18 authority to carry out the purposes of the Compact, and to
19 establish the Commission's personnel policies and programs
20 relating to conflicts of interest, qualifications of
21 personnel, and other related personnel matters;
22 11. Accept any and all appropriate donations and
23 grants of money, equipment, supplies, materials and
24 services, and to receive, utilize and dispose of the same;
25 provided that at all times the Commission shall avoid any
26 appearance of impropriety and/or conflict of interest;
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1 12. Lease, purchase, accept appropriate gifts or
2 donations of, or otherwise to own, hold, improve or use,
3 any property, real, personal or mixed; provided that at
4 all times the Commission shall avoid any appearance of
5 impropriety;
6 13. Sell convey, mortgage, pledge, lease, exchange,
7 abandon, or otherwise dispose of any property real,
8 personal, or mixed;
9 14. Establish a budget and make expenditures;
10 15. Borrow money;
11 16. Appoint committees, including standing committees
12 composed of members, and other interested persons as may
13 be designated in this Compact and the bylaws;
14 17. Provide and receive information from, and
15 cooperate with, law enforcement agencies;
16 18. Establish and elect an Executive Committee; and
17 19. Perform other functions as may be necessary or
18 appropriate to achieve the purposes of this Compact
19 consistent with the state regulation of audiology and
20 speech-language pathology licensure and practice.
21 D. The Executive Committee. The Executive Committee shall
22 have the power to act on behalf of the Commission according to
23 the terms of this Compact:
24 1. The Executive Committee shall be composed of ten
25 (10) members:
26 a. Seven (7) voting members who are elected by the
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1 Commission from the current membership of the
2 Commission;
3 b. Two (2) ex-officios, consisting of one
4 nonvoting member from a recognized national audiology
5 professional association and one nonvoting member from
6 a recognized national speech-language pathology
7 association; and
8 c. One (1) ex-officio, nonvoting member from the
9 recognized membership organization of the audiology
10 and speech-language pathology licensing boards.
11 E. The ex-officio members shall be selected by their
12 respective organizations.
13 1. The Commission may remove any member of the
14 Executive Committee as provided in bylaws.
15 2. The Executive Committee shall meet at least
16 annually.
17 3. The Executive Committee shall have the following
18 duties and responsibilities:
19 a. Recommend to the entire Commission changes to
20 the rules or bylaws, changes to this Compact
21 legislation, fees paid by Compact member states such
22 as annual dues, and any commission Compact fee charged
23 to licensees for the compact privilege;
24 b. Ensure Compact administration services are
25 appropriately provided, contractual or otherwise;
26 c. Prepare and recommend the budget;
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1 d. Maintain financial records on behalf of the
2 Commission;
3 e. Monitor Compact compliance of member states and
4 provide compliance reports to the Commission;
5 f. Establish additional committees as necessary;
6 and
7 g. Other duties as provided in rules or bylaws.
8 4. Meetings of the Commission. All meetings shall be
9 open to the public, and public notice of meetings shall be
10 given in the same manner as required under the rulemaking
11 provisions in Section 10.
12 5. The Commission or the Executive Committee or other
13 committees of the Commission may convene in a closed,
14 non-public meeting if the Commission or Executive
15 Committee or other committees of the Commission must
16 discuss:
17 a. Non-compliance of a member state with its
18 obligations under the Compact;
19 b. The employment, compensation, discipline or
20 other matters, practices or procedures related to
21 specific employees or other matters related to the
22 Commission's internal personnel practices and
23 procedures;
24 c. Current, threatened, or reasonably anticipated
25 litigation;
26 d. Negotiation of contracts for the purchase,
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1 lease, or sale of goods, services, or real estate;
2 e. Accusing any person of a crime or formally
3 censuring any person;
4 f. Disclosure of trade secrets or commercial or
5 financial information that is privileged or
6 confidential;
7 g. Disclosure of information of a personal nature
8 where disclosure would constitute a clearly
9 unwarranted invasion of personal privacy;
10 h. Disclosure of investigative records compiled
11 for law enforcement purposes;
12 i. Disclosure of information related to any
13 investigative reports prepared by or on behalf of or
14 for use of the Commission or other committee charged
15 with responsibility of investigation or determination
16 of compliance issues pursuant to the Compact; or
17 j. Matters specifically exempted from disclosure
18 by federal or member state statute.
19 6. If a meeting, or portion of a meeting, is closed
20 pursuant to this provision, the Commission's legal counsel
21 or designee shall certify that the meeting may be closed
22 and shall reference each relevant exempting provision.
23 7. The Commission shall keep minutes that fully and
24 clearly describe all matters discussed in a meeting and
25 shall provide a full and accurate summary of actions
26 taken, and the reasons therefore, including a description
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1 of the views expressed. All documents considered in
2 connection with an action shall be identified in minutes.
3 All minutes and documents of a closed meeting shall remain
4 under seal, subject to release by a majority vote of the
5 Commission or order of a court of competent jurisdiction.
6 8. Financing of the Commission.
7 a. The Commission shall pay, or provide for the
8 payment of, the reasonable expenses of its
9 establishment, organization, and ongoing activities.
10 b. The Commission may accept any and all
11 appropriate revenue sources, donations, and grants of
12 money, equipment, supplies, materials, and services.
13 c. The Commission may levy on and collect an
14 annual assessment from each member state or impose
15 fees on other parties to cover the cost of the
16 operations and activities of the Commission and its
17 staff, which must be in a total amount sufficient to
18 cover its annual budget as approved each year for
19 which revenue is not provided by other sources. The
20 aggregate annual assessment amount shall be allocated
21 based upon a formula to be determined by the
22 Commission, which shall promulgate a rule binding upon
23 all member states.
24 9. The Commission shall not incur obligations of any
25 kind prior to securing the funds adequate to meet the
26 same; nor shall the Commission pledge the credit of any of
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1 the member states, except by and with the authority of the
2 member state.
3 10. The Commission shall keep accurate accounts of all
4 receipts and disbursements. The receipts and disbursements
5 of the Commission shall be subject to the audit and
6 accounting procedures established under its bylaws.
7 However, all receipts and disbursements of funds handled
8 by the Commission shall be audited yearly by a certified
9 or licensed public accountant, and the report of the audit
10 shall be included in and become part of the annual report
11 of the Commission.
12 F. Qualified Immunity, Defense, and Indemnification.
13 1. The members, officers, executive director,
14 employees and representatives of the Commission shall be
15 immune from suit and liability, either personally or in
16 their official capacity, for any claim for damage to or
17 loss of property or personal injury or other civil
18 liability caused by or arising out of any actual or
19 alleged act, error or omission that occurred, or that the
20 person against whom the claim is made had a reasonable
21 basis for believing occurred within the scope of
22 Commission employment, duties or responsibilities;
23 provided that nothing in this paragraph shall be construed
24 to protect any person from suit and/or liability for any
25 damage, loss, injury, or liability caused by the
26 intentional or willful or wanton misconduct of that
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1 person.
2 2. The Commission shall defend any member, officer,
3 executive director, employee or representative of the
4 Commission in any civil action seeking to impose liability
5 arising out of any actual or alleged act, error, or
6 omission that occurred within the scope of Commission
7 employment, duties, or responsibilities, or that the
8 person against whom the claim is made had a reasonable
9 basis for believing occurred within the scope of
10 Commission employment, duties, or responsibilities;
11 provided that nothing herein shall be construed to
12 prohibit that person from retaining his or her own
13 counsel; and provided further, that the actual or alleged
14 act, error, or omission did not result from that person's
15 intentional or willful or wanton misconduct.
16 3. The Commission shall indemnify and hold harmless
17 any member, officer, executive director, employee, or
18 representative of the Commission for the amount of any
19 settlement or judgment obtained against that person
20 arising out of any actual or alleged act, error or
21 omission that occurred within the scope of Commission
22 employment, duties, or responsibilities, or that person
23 had a reasonable basis for believing occurred within the
24 scope of Commission employment, duties, or
25 responsibilities, provided that the actual or alleged act,
26 error, or omission did not result from the intentional or
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1 willful or wanton misconduct of that person.
2 SECTION 9. DATA SYSTEM
3 A. The Commission shall provide for the development,
4 maintenance, and utilization of a coordinated database and
5 reporting system containing licensure, adverse action, and
6 investigative information on all licensed individuals in
7 member states.
8 B. Notwithstanding any other provision of state law to the
9 contrary, a member state shall submit a uniform data set to the
10 data system on all individuals to whom this Compact is
11 applicable as required by the rules of the Commission,
12 including:
13 1. Identifying information;
14 2. Licensure data;
15 3. Adverse actions against a license or compact
16 privilege;
17 4. Non-confidential information related to alternative
18 program participation;
19 5. Any denial of application for licensure, and the
20 reason(s) for denial; and
21 6. Other information that may facilitate the
22 administration of this Compact, as determined by the rules
23 of the Commission.
24 C. Investigative information pertaining to a licensee in
25 any member state shall only be available to other member
26 states.
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1 D. The Commission shall promptly notify all member states
2 of any adverse action taken against a licensee or an
3 individual applying for a license. Adverse action information
4 pertaining to a licensee in any member state shall be
5 available to any other member state.
6 E. Member states contributing information to the data
7 system may designate information that may not be shared with
8 the public without the express permission of the contributing
9 state.
10 F. Any information submitted to the data system that is
11 subsequently required to be expunged by the laws of the member
12 state contributing the information shall be removed from the
13 data system.
14 SECTION 10. RULEMAKING
15 A. The Commission shall exercise its rulemaking powers
16 pursuant to the criteria set forth in this Section and the
17 rules adopted thereunder. Rules and amendments shall become
18 binding as of the date specified in each rule or amendment.
19 B. If a majority of the legislatures of the member states
20 rejects a rule, by enactment of a statute or resolution in the
21 same manner used to adopt the Compact within 4 years of the
22 date of adoption of the rule, the rule shall have no further
23 force and effect in any member state.
24 C. Rules or amendments to the rules shall be adopted at a
25 regular or special meeting of the Commission.
26 D. Prior to promulgation and adoption of a final rule or
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1 rules by the Commission, and at least thirty (30) days in
2 advance of the meeting at which the rule shall be considered
3 and voted upon, the Commission shall file a Notice of Proposed
4 Rulemaking:
5 1. On the website of the Commission or other publicly
6 accessible platform; and
7 2. On the website of each member state audiology or
8 speech-language pathology licensing board or other
9 publicly accessible platform or the publication in which
10 each state would otherwise publish proposed rules.
11 E. The Notice of Proposed Rulemaking shall include:
12 1. The proposed time, date, and location of the
13 meeting in which the rule shall be considered and voted
14 upon;
15 2. The text of the proposed rule or amendment and the
16 reason for the proposed rule;
17 3. A request for comments on the proposed rule from
18 any interested person; and
19 4. The manner in which interested persons may submit
20 notice to the Commission of their intention to attend the
21 public hearing and any written comments.
22 F. Prior to the adoption of a proposed rule, the
23 Commission shall allow persons to submit written data, facts,
24 opinions and arguments, which shall be made available to the
25 public.
26 G. The Commission shall grant an opportunity for a public
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1 hearing before it adopts a rule or amendment if a hearing is
2 requested by:
3 1. At least twenty-five (25) persons;
4 2. A state or federal governmental subdivision or
5 agency; or
6 3. An association having at least twenty-five (25)
7 members.
8 H. If a hearing is held on the proposed rule or amendment,
9 the Commission shall publish the place, time, and date of the
10 scheduled public hearing. If the hearing is held via
11 electronic means, the Commission shall publish the mechanism
12 for access to the electronic hearing.
13 1. All persons wishing to be heard at the hearing
14 shall notify the executive director of the Commission or
15 other designated member in writing of their desire to
16 appear and testify at the hearing not less than five (5)
17 business days before the scheduled date of the hearing.
18 2. Hearings shall be conducted in a manner providing
19 each person who wishes to comment a fair and reasonable
20 opportunity to comment orally or in writing.
21 3. All hearings shall be recorded. A copy of the
22 recording shall be made available on request.
23 4. Nothing in this section shall be construed as
24 requiring a separate hearing on each rule. Rules may be
25 grouped for the convenience of the Commission at hearings
26 required by this section.
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1 I. Following the scheduled hearing date, or by the close
2 of business on the scheduled hearing date if the hearing was
3 not held, the Commission shall consider all written and oral
4 comments received.
5 J. If no written notice of intent to attend the public
6 hearing by interested parties is received, the Commission may
7 proceed with promulgation of the proposed rule without a
8 public hearing.
9 K. The Commission shall, by majority vote of all members,
10 take final action on the proposed rule and shall determine the
11 effective date of the rule, if any, based on the rulemaking
12 record and the full text of the rule.
13 L. Upon determination that an emergency exists, the
14 Commission may consider and adopt an emergency rule without
15 prior notice, opportunity for comment, or hearing, provided
16 that the usual rulemaking procedures provided in the Compact
17 and in this section shall be retroactively applied to the rule
18 as soon as reasonably possible, in no event later than ninety
19 (90) days after the effective date of the rule. For the
20 purposes of this provision, an emergency rule is one that must
21 be adopted immediately in order to:
22 1. Meet an imminent threat to public health, safety,
23 or welfare;
24 2. Prevent a loss of Commission or member state funds;
25 or
26 3. Meet a deadline for the promulgation of an
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1 administrative rule that is established by federal law or
2 rule.
3 M. The Commission or an authorized committee of the
4 Commission may direct revisions to a previously adopted rule
5 or amendment for purposes of correcting typographical errors,
6 errors in format, errors in consistency, or grammatical
7 errors. Public notice of any revisions shall be posted on the
8 website of the Commission. The revision shall be subject to
9 challenge by any person for a period of thirty (30) days after
10 posting. The revision may be challenged only on grounds that
11 the revision results in a material change to a rule. A
12 challenge shall be made in writing and delivered to the chair
13 of the Commission prior to the end of the notice period. If no
14 challenge is made, the revision shall take effect without
15 further action. If the revision is challenged, the revision
16 may not take effect without the approval of the Commission.
17 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
18 A. Dispute Resolution.
19 1. Upon request by a member state, the Commission
20 shall attempt to resolve disputes related to the Compact
21 that arise among member states and between member and
22 non-member states.
23 2. The Commission shall promulgate a rule providing
24 for both mediation and binding dispute resolution for
25 disputes as appropriate.
26 B. Enforcement.
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1 1. The Commission, in the reasonable exercise of its
2 discretion, shall enforce the provisions and rules of this
3 Compact.
4 2. By majority vote, the Commission may initiate legal
5 action in the United States District Court for the
6 District of Columbia or the federal district where the
7 Commission has its principal offices against a member
8 state in default to enforce compliance with the provisions
9 of the Compact and its promulgated rules and bylaws. The
10 relief sought may include both injunctive relief and
11 damages. In the event judicial enforcement is necessary,
12 the prevailing member shall be awarded all costs of
13 litigation, including reasonable attorney's fees.
14 3. The remedies herein shall not be the exclusive
15 remedies of the Commission. The Commission may pursue any
16 other remedies available under federal or state law.
17 SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE
18 COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
19 PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
20 A. The Compact shall come into effect on the date on which
21 the Compact statute is enacted into law in the 10th member
22 state. The provisions, which become effective at that time,
23 shall be limited to the powers granted to the Commission
24 relating to assembly and the promulgation of rules.
25 Thereafter, the Commission shall meet and exercise rulemaking
26 powers necessary to the implementation and administration of
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1 the Compact.
2 B. Any state that joins the Compact subsequent to the
3 Commission's initial adoption of the rules shall be subject to
4 the rules as they exist on the date on which the Compact
5 becomes law in that state. Any rule that has been previously
6 adopted by the Commission shall have the full force and effect
7 of law on the day the Compact becomes law in that state.
8 C. Any member state may withdraw from this Compact by
9 enacting a statute repealing the same.
10 1. A member state's withdrawal shall not take effect
11 until six (6) months after enactment of the repealing
12 statute.
13 2. Withdrawal shall not affect the continuing
14 requirement of the withdrawing state's audiology or
15 speech-language pathology licensing board to comply with
16 the investigative and adverse action reporting
17 requirements of this act prior to the effective date of
18 withdrawal.
19 D. Nothing contained in this Compact shall be construed to
20 invalidate or prevent any audiology or speech-language
21 pathology licensure agreement or other cooperative arrangement
22 between a member state and a non-member state that does not
23 conflict with the provisions of this Compact.
24 E. This Compact may be amended by the member states. No
25 amendment to this Compact shall become effective and binding
26 upon any member state until it is enacted into the laws of all
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1 member states.
2 SECTION 13. CONSTRUCTION AND SEVERABILITY
3 This Compact shall be liberally construed so as to
4 effectuate the purposes thereof. The provisions of this
5 Compact shall be severable and if any phrase, clause, sentence
6 or provision of this Compact is declared to be contrary to the
7 constitution of any member state or of the United States or the
8 applicability thereof to any government, agency, person or
9 circumstance is held invalid, the validity of the remainder of
10 this Compact and the applicability thereof to any government,
11 agency, person or circumstance shall not be affected thereby.
12 If this Compact shall be held contrary to the constitution of
13 any member state, the Compact shall remain in full force and
14 effect as to the remaining member states and in full force and
15 effect as to the member state affected as to all severable
16 matters.
17 SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
18 A. Nothing herein prevents the enforcement of any other
19 law of a member state that is not inconsistent with the
20 Compact.
21 B. All laws in a member state in conflict with the Compact
22 are superseded to the extent of the conflict.
23 C. All lawful actions of the Commission, including all
24 rules and bylaws promulgated by the Commission, are binding
25 upon the member states.
26 D. All agreements between the Commission and the member
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1 states are binding in accordance with their terms.
2 E. In the event any provision of the Compact exceeds the
3 constitutional limits imposed on the legislature of any member
4 state, the provision shall be ineffective to the extent of the
5 conflict with the constitutional provision in question in that
6 member state."
7 Section 10. The Illinois Speech-Language Pathology and
8 Audiology Practice Act is amended by adding Section 4.3 as
9 follows:
10 (225 ILCS 110/4.3 new)
11 Sec. 4.3. Audiology and Speech-Language Pathology
12 Interstate Compact Act. If the Audiology and Speech-Language
13 Pathology Interstate Compact becomes law as provided in
14 Section 5 of the Audiology and Speech-Language Pathology
15 Interstate Compact Act, the Department shall revise its rules
16 related to implementing and enforcing the Illinois
17 Speech-Language Pathology and Audiology Practice Act to be in
18 conformance with the Compact, if necessary. The Department
19 shall also make recommendations in a report to the General
20 Assembly as to what portions of this Act and other laws should
21 be modified, if at all, to be consistent with the Compact."
HB3264 - 37 - LRB103 30793 AWJ 57285 b