Illinois 2025-2026 Regular Session

Illinois House Bill HB2417 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2417 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. LRB104 08038 AAS 18084 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2417 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. LRB104 08038 AAS 18084 b LRB104 08038 AAS 18084 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2417 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3	3	New Act225 ILCS 110/4.3 new New Act 225 ILCS 110/4.3 new
4	4	New Act
5	5	225 ILCS 110/4.3 new
6	6	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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9	9	A BILL FOR
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12	12	1 AN ACT concerning State government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Audiology and Speech-Language Pathology Interstate Compact
17	17	6 Act.
18	18	7 Section 5. Execution of compact. The Audiology and
19	19	8 Speech-Language Pathology Interstate Compact is hereby enacted
20	20	9 into law and entered into with any state, commonwealth,
21	21	10 district or territory of the United States of America which
22	22	11 legally joins in substantially the following form:
23	23	12 "SECTION 1: PURPOSE
24	24	13 The purpose of this Compact is to facilitate interstate
25	25	14 practice of audiology and speech-language pathology with the
26	26	15 goal of improving public access to audiology and
27	27	16 speech-language pathology services. The practice of audiology
28	28	17 and speech-language pathology occurs in the state where the
29	29	18 patient/client/student is located at the time of the
30	30	19 patient/client/student encounter. The Compact preserves the
31	31	20 regulatory authority of states to protect public health and
32	32	21 safety through the current system of state licensure.
33	33	22 This Compact is designed to achieve the following
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2417 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
38	38	New Act225 ILCS 110/4.3 new New Act 225 ILCS 110/4.3 new
39	39	New Act
40	40	225 ILCS 110/4.3 new
41	41	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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44	44	A BILL FOR
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50	50	New Act
51	51	225 ILCS 110/4.3 new
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70	70	1 objectives:
71	71	2 1. Increase public access to audiology and
72	72	3 speech-language pathology services by providing for the
73	73	4 mutual recognition of other member state licenses;
74	74	5 2. Enhance the states' ability to protect the public's
75	75	6 health and safety;
76	76	7 3. Encourage the cooperation of member states in
77	77	8 regulating multistate audiology and speech-language
78	78	9 pathology practice;
79	79	10 4. Support spouses of relocating active duty military
80	80	11 personnel;
81	81	12 5. Enhance the exchange of licensure, investigative
82	82	13 and disciplinary information between member states;
83	83	14 6. Allow a remote state to hold a provider of services
84	84	15 with a compact privilege in that state accountable to that
85	85	16 state's practice standards; and
86	86	17 7. Allow for the use of telehealth technology to
87	87	18 facilitate increased access to audiology and
88	88	19 speech-language pathology services.
89	89	20 SECTION 2: DEFINITIONS
90	90	21 As used in this Compact, and except as otherwise provided,
91	91	22 the following definitions shall apply:
92	92	23 A. "Active duty military" means full-time duty status in
93	93	24 the active uniformed service of the United States, including
94	94	25 members of the National Guard and Reserve on active duty
95	95	26 orders pursuant to 10 U.S.C. Section 1209 and 1211.
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106	106	1 B. "Adverse action" means any administrative, civil,
107	107	2 equitable or criminal action permitted by a state's laws which
108	108	3 is imposed by a licensing board or other authority against an
109	109	4 audiologist or speech-language pathologist, including actions
110	110	5 against an individual's license or privilege to practice such
111	111	6 as revocation, suspension, probation, monitoring of the
112	112	7 licensee, or restriction on the licensee's practice.
113	113	8 C. "Alternative program" means a non-disciplinary
114	114	9 monitoring process approved by an audiology or speech-language
115	115	10 pathology licensing board to address impaired practitioners.
116	116	11 D. "Audiologist" means an individual who is licensed by a
117	117	12 state to practice audiology.
118	118	13 E. "Audiology" means the care and services provided by a
119	119	14 licensed audiologist as set forth in the member state's
120	120	15 statutes and rules.
121	121	16 F. "Audiology and Speech-Language Pathology Compact
122	122	17 Commission" or "Commission" means the national administrative
123	123	18 body whose membership consists of all states that have enacted
124	124	19 the Compact.
125	125	20 G. "Audiology and speech-language pathology licensing
126	126	21 board," "audiology licensing board," "speech-language
127	127	22 pathology licensing board," or "licensing board" means the
128	128	23 agency of a state that is responsible for the licensing and
129	129	24 regulation of audiologists and/or speech-language
130	130	25 pathologists.
131	131	26 H. "Compact privilege" means the authorization granted by
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142	142	1 a remote state to allow a licensee from another member state to
143	143	2 practice as an audiologist or speech-language pathologist in
144	144	3 the remote state under its laws and rules. The practice of
145	145	4 audiology or speech-language pathology occurs in the member
146	146	5 state where the patient/client/student is located at the time
147	147	6 of the patient/client/student encounter.
148	148	7 I. "Current significant investigative information" means
149	149	8 investigative information that a licensing board, after an
150	150	9 inquiry or investigation that includes notification and an
151	151	10 opportunity for the audiologist or speech-language pathologist
152	152	11 to respond, if required by state law, has reason to believe is
153	153	12 not groundless and, if proved true, would indicate more than a
154	154	13 minor infraction.
155	155	14 J. "Data system" means a repository of information about
156	156	15 licensees, including, but not limited to, continuing
157	157	16 education, examination, licensure, investigative, compact
158	158	17 privilege and adverse action.
159	159	18 K. "Encumbered license" means a license in which an
160	160	19 adverse action restricts the practice of audiology or
161	161	20 speech-language pathology by the licensee and said adverse
162	162	21 action has been reported to the National Practitioners Data
163	163	22 Bank (NPDB).
164	164	23 L. "Executive Committee" means a group of directors
165	165	24 elected or appointed to act on behalf of, and within the powers
166	166	25 granted to them by, the Commission.
167	167	26 M. "Home state" means the member state that is the
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178	178	1 licensee's primary state of residence.
179	179	2 N. "Impaired practitioner" means individuals whose
180	180	3 professional practice is adversely affected by substance
181	181	4 abuse, addiction, or other health-related conditions.
182	182	5 O. "Licensee" means an individual who currently holds an
183	183	6 authorization from the state licensing board to practice as an
184	184	7 audiologist or speech-language pathologist.
185	185	8 P. "Member state" means a state that has enacted the
186	186	9 Compact.
187	187	10 Q. "Privilege to practice" means a legal authorization
188	188	11 permitting the practice of audiology or speech-language
189	189	12 pathology in a remote state.
190	190	13 R. "Remote state" means a member state other than the home
191	191	14 state where a licensee is exercising or seeking to exercise
192	192	15 the compact privilege.
193	193	16 S. "Rule" means a regulation, principle or directive
194	194	17 promulgated by the Commission that has the force of law.
195	195	18 T. "Single-state license" means an audiology or
196	196	19 speech-language pathology license issued by a member state
197	197	20 that authorizes practice only within the issuing state and
198	198	21 does not include a privilege to practice in any other member
199	199	22 state.
200	200	23 U. "Speech-language pathologist" means an individual who
201	201	24 is licensed by a state to practice speech-language pathology.
202	202	25 V. "Speech-language pathology" means the care and services
203	203	26 provided by a licensed speech-language pathologist as set
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214	214	1 forth in the member state's statutes and rules.
215	215	2 W. "State" means any state, commonwealth, district or
216	216	3 territory of the United States of America that regulates the
217	217	4 practice of audiology and speech-language pathology.
218	218	5 X. "State practice laws" means a member state's laws,
219	219	6 rules and regulations that govern the practice of audiology or
220	220	7 speech-language pathology, define the scope of audiology or
221	221	8 speech-language pathology practice, and create the methods and
222	222	9 grounds for imposing discipline.
223	223	10 Y. "Telehealth" means the application of telecommunication
224	224	11 technology to deliver audiology or speech-language pathology
225	225	12 services at a distance for assessment, intervention and/or
226	226	13 consultation.
227	227	14 SECTION 3. STATE PARTICIPATION IN THE COMPACT
228	228	15 A. A license issued to an audiologist or speech-language
229	229	16 pathologist by a home state to a resident in that state shall
230	230	17 be recognized by each member state as authorizing an
231	231	18 audiologist or speech-language pathologist to practice
232	232	19 audiology or speech-language pathology, under a privilege to
233	233	20 practice, in each member state.
234	234	21 B. A state must implement or utilize procedures for
235	235	22 considering the criminal history records of applicants for
236	236	23 initial privilege to practice. These procedures shall include
237	237	24 the submission of fingerprints or other biometric-based
238	238	25 information by applicants for the purpose of obtaining an
239	239	26 applicant's criminal history record information from the
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250	250	1 Federal Bureau of Investigation and the agency responsible for
251	251	2 retaining that state's criminal records.
252	252	3 1. A member state must fully implement a criminal
253	253	4 background check requirement, within a time frame
254	254	5 established by rule, by receiving the results of the
255	255	6 Federal Bureau of Investigation record search on criminal
256	256	7 background checks and use the results in making licensure
257	257	8 decisions.
258	258	9 2. Communication between a member state, the
259	259	10 Commission and among member states regarding the
260	260	11 verification of eligibility for licensure through the
261	261	12 Compact shall not include any information received from
262	262	13 the Federal Bureau of Investigation relating to a federal
263	263	14 criminal records check performed by a member state under
264	264	15 Public Law 92-544.
265	265	16 C. Upon application for a privilege to practice, the
266	266	17 licensing board in the issuing remote state shall ascertain,
267	267	18 through the data system, whether the applicant has ever held,
268	268	19 or is the holder of, a license issued by any other state,
269	269	20 whether there are any encumbrances on any license or privilege
270	270	21 to practice held by the applicant, whether any adverse action
271	271	22 has been taken against any license or privilege to practice
272	272	23 held by the applicant.
273	273	24 D. Each member state shall require an applicant to obtain
274	274	25 or retain a license in the home state and meet the home state's
275	275	26 qualifications for licensure or renewal of licensure, as well
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286	286	1 as, all other applicable state laws.
287	287	2 E. For an audiologist:
288	288	3 1. Must meet one of the following educational
289	289	4 requirements:
290	290	5 a. On or before, Dec. 31, 2007, has graduated with
291	291	6 a master's degree or doctorate in audiology, or
292	292	7 equivalent degree regardless of degree name, from a
293	293	8 program that is accredited by an accrediting agency
294	294	9 recognized by the Council for Higher Education
295	295	10 Accreditation, or its successor, or by the United
296	296	11 States Department of Education and operated by a
297	297	12 college or university accredited by a regional or
298	298	13 national accrediting organization recognized by the
299	299	14 board; or
300	300	15 b. On or after, Jan. 1, 2008, has graduated with a
301	301	16 Doctoral degree in audiology, or equivalent degree,
302	302	17 regardless of degree name, from a program that is
303	303	18 accredited by an accrediting agency recognized by the
304	304	19 Council for Higher Education Accreditation, or its
305	305	20 successor, or by the United States Department of
306	306	21 Education and operated by a college or university
307	307	22 accredited by a regional or national accrediting
308	308	23 organization recognized by the board; or
309	309	24 c. Has graduated from an audiology program that is
310	310	25 housed in an institution of higher education outside
311	311	26 of the United States (a) for which the program and
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322	322	1 institution have been approved by the authorized
323	323	2 accrediting body in the applicable country and (b) the
324	324	3 degree program has been verified by an independent
325	325	4 credentials review agency to be comparable to a state
326	326	5 licensing board-approved program.
327	327	6 2. Has completed a supervised clinical practicum
328	328	7 experience from an accredited educational institution or
329	329	8 its cooperating programs as required by the Commission;
330	330	9 3. Has successfully passed a national examination
331	331	10 approved by the Commission;
332	332	11 4. Holds an active, unencumbered license;
333	333	12 5. Has not been convicted or found guilty, and has not
334	334	13 entered into an agreed disposition, of a felony related to
335	335	14 the practice of speech-language pathology, under
336	336	15 applicable state or federal criminal law;
337	337	16 6. Has a valid United States Social Security or
338	338	17 National Practitioner Identification number.
339	339	18 F. For a speech-language pathologist:
340	340	19 1. Must meet one of the following educational
341	341	20 requirements:
342	342	21 a. Has graduated with a master's degree from a
343	343	22 speech-language pathology program that is accredited
344	344	23 by an organization recognized by the United States
345	345	24 Department of Education and operated by a college or
346	346	25 university accredited by a regional or national
347	347	26 accrediting organization recognized by the board; or
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358	358	1 b. Has graduated from a speech-language pathology
359	359	2 program that is housed in an institution of higher
360	360	3 education outside of the United States (a) for which
361	361	4 the program and institution have been approved by the
362	362	5 authorized accrediting body in the applicable country
363	363	6 and (b) the degree program has been verified by an
364	364	7 independent credentials review agency to be comparable
365	365	8 to a state licensing board-approved program.
366	366	9 2. Has completed a supervised clinical practicum
367	367	10 experience from an educational institution or its
368	368	11 cooperating programs as required by the Commission;
369	369	12 3. Has completed a supervised postgraduate
370	370	13 professional experience as required by the Commission;
371	371	14 4. Has successfully passed a national examination
372	372	15 approved by the Commission;
373	373	16 5. Holds an active, unencumbered license;
374	374	17 6. Has not been convicted or found guilty, and has not
375	375	18 entered into an agreed disposition, of a felony related to
376	376	19 the practice of speech-language pathology, under
377	377	20 applicable state or federal criminal law;
378	378	21 7. Has a valid United States Social Security or
379	379	22 National Practitioner Identification number.
380	380	23 G. The privilege to practice is derived from the home
381	381	24 state license.
382	382	25 H. An audiologist or speech-language pathologist
383	383	26 practicing in a member state must comply with the state
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394	394	1 practice laws of the state in which the client is located at
395	395	2 the time service is provided. The practice of audiology and
396	396	3 speech-language pathology shall include all audiology and
397	397	4 speech-language pathology practice as defined by the state
398	398	5 practice laws of the member state in which the client is
399	399	6 located. The practice of audiology and speech-language
400	400	7 pathology in a member state under a privilege to practice
401	401	8 shall subject an audiologist or speech-language pathologist to
402	402	9 the jurisdiction of the licensing board, the courts and the
403	403	10 laws of the member state in which the client is located at the
404	404	11 time service is provided.
405	405	12 I. Individuals not residing in a member state shall
406	406	13 continue to be able to apply for a member state's single-state
407	407	14 license as provided under the laws of each member state.
408	408	15 However, the single-state license granted to these individuals
409	409	16 shall not be recognized as granting the privilege to practice
410	410	17 audiology or speech-language pathology in any other member
411	411	18 state. Nothing in this Compact shall affect the requirements
412	412	19 established by a member state for the issuance of a
413	413	20 single-state license.
414	414	21 J. Member states may charge a fee for granting a compact
415	415	22 privilege.
416	416	23 K. Member states must comply with the bylaws and rules and
417	417	24 regulations of the Commission.
418	418	25 SECTION 4. COMPACT PRIVILEGE
419	419	26 A. To exercise the compact privilege under the terms and
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424	424
425	425	HB2417 - 11 - LRB104 08038 AAS 18084 b
426	426
427	427
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429	429	HB2417 - 12 - LRB104 08038 AAS 18084 b
430	430	1 provisions of the Compact, the audiologist or speech-language
431	431	2 pathologist shall:
432	432	3 1. Hold an active license in the home state;
433	433	4 2. Have no encumbrance on any state license;
434	434	5 3. Be eligible for a compact privilege in any member
435	435	6 state in accordance with Section 3;
436	436	7 4. Have not had any adverse action against any license
437	437	8 or compact privilege within the previous 2 years from date
438	438	9 of application;
439	439	10 5. Notify the Commission that the licensee is seeking
440	440	11 the compact privilege within a remote state(s);
441	441	12 6. Pay any applicable fees, including any state fee,
442	442	13 for the compact privilege;
443	443	14 7. Report to the Commission adverse action taken by
444	444	15 any non-member state within 30 days from the date the
445	445	16 adverse action is taken.
446	446	17 B. For the purposes of the compact privilege, an
447	447	18 audiologist or speech-language pathologist shall only hold one
448	448	19 home state license at a time.
449	449	20 C. Except as provided in Section 6, if an audiologist or
450	450	21 speech-language pathologist changes primary state of residence
451	451	22 by moving between two-member states, the audiologist or
452	452	23 speech-language pathologist must apply for licensure in the
453	453	24 new home state, and the license issued by the prior home state
454	454	25 shall be deactivated in accordance with applicable rules
455	455	26 adopted by the Commission.
456	456
457	457
458	458
459	459
460	460
461	461	HB2417 - 12 - LRB104 08038 AAS 18084 b
462	462
463	463
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465	465	HB2417 - 13 - LRB104 08038 AAS 18084 b
466	466	1 D. The audiologist or speech-language pathologist may
467	467	2 apply for licensure in advance of a change in primary state of
468	468	3 residence.
469	469	4 E. A license shall not be issued by the new home state
470	470	5 until the audiologist or speech-language pathologist provides
471	471	6 satisfactory evidence of a change in primary state of
472	472	7 residence to the new home state and satisfies all applicable
473	473	8 requirements to obtain a license from the new home state.
474	474	9 F. If an audiologist or speech-language pathologist
475	475	10 changes primary state of residence by moving from a member
476	476	11 state to a non-member state, the license issued by the prior
477	477	12 home state shall convert to a single-state license, valid only
478	478	13 in the former home state.
479	479	14 G. The compact privilege is valid until the expiration
480	480	15 date of the home state license. The licensee must comply with
481	481	16 the requirements of Section 4A to maintain the compact
482	482	17 privilege in the remote state.
483	483	18 H. A licensee providing audiology or speech-language
484	484	19 pathology services in a remote state under the compact
485	485	20 privilege shall function within the laws and regulations of
486	486	21 the remote state.
487	487	22 I. A licensee providing audiology or speech-language
488	488	23 pathology services in a remote state is subject to that
489	489	24 state's regulatory authority. A remote state may, in
490	490	25 accordance with due process and that state's laws, remove a
491	491	26 licensee's compact privilege in the remote state for a
492	492
493	493
494	494
495	495
496	496
497	497	HB2417 - 13 - LRB104 08038 AAS 18084 b
498	498
499	499
500	500	HB2417- 14 -LRB104 08038 AAS 18084 b HB2417 - 14 - LRB104 08038 AAS 18084 b
501	501	HB2417 - 14 - LRB104 08038 AAS 18084 b
502	502	1 specific period of time, impose fines, and/or take any other
503	503	2 necessary actions to protect the health and safety of its
504	504	3 citizens.
505	505	4 J. If a home state license is encumbered, the licensee
506	506	5 shall lose the compact privilege in any remote state until the
507	507	6 following occur:
508	508	7 1. The home state license is no longer encumbered; and
509	509	8 2. Two years have elapsed from the date of the adverse
510	510	9 action.
511	511	10 K. Once an encumbered license in the home state is
512	512	11 restored to good standing, the licensee must meet the
513	513	12 requirements of Section 4A to obtain a compact privilege in
514	514	13 any remote state.
515	515	14 L. Once the requirements of Section 4J have been met, the
516	516	15 licensee must meet the requirements in Section 4A to obtain a
517	517	16 compact privilege in a remote state.
518	518	17 SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
519	519	18 Member states shall recognize the right of an audiologist
520	520	19 or speech-language pathologist, licensed by a home state in
521	521	20 accordance with Section 3 and under rules promulgated by the
522	522	21 Commission, to practice audiology or speech-language pathology
523	523	22 in any member state via telehealth under a privilege to
524	524	23 practice as provided in the Compact and rules promulgated by
525	525	24 the Commission.
526	526	25 SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
527	527	26 Active duty military personnel, or their spouse, shall
528	528
529	529
530	530
531	531
532	532
533	533	HB2417 - 14 - LRB104 08038 AAS 18084 b
534	534
535	535
536	536	HB2417- 15 -LRB104 08038 AAS 18084 b HB2417 - 15 - LRB104 08038 AAS 18084 b
537	537	HB2417 - 15 - LRB104 08038 AAS 18084 b
538	538	1 designate a home state where the individual has a current
539	539	2 license in good standing. The individual may retain the home
540	540	3 state designation during the period the service member is on
541	541	4 active duty. Subsequent to designating a home state, the
542	542	5 individual shall only change their home state through
543	543	6 application for licensure in the new state.
544	544	7 SECTION 7. ADVERSE ACTIONS
545	545	8 A. In addition to the other powers conferred by state law,
546	546	9 a remote state shall have the authority, in accordance with
547	547	10 existing state due process law, to:
548	548	11 1. Take adverse action against an audiologist's or
549	549	12 speech-language pathologist's privilege to practice within
550	550	13 that member state.
551	551	14 2. Issue subpoenas for both hearings and
552	552	15 investigations that require the attendance and testimony
553	553	16 of witnesses as well as the production of evidence.
554	554	17 Subpoenas issued by a licensing board in a member state
555	555	18 for the attendance and testimony of witnesses or the
556	556	19 production of evidence from another member state shall be
557	557	20 enforced in the latter state by any court of competent
558	558	21 jurisdiction, according to the practice and procedure of
559	559	22 that court applicable to subpoenas issued in proceedings
560	560	23 pending before it. The issuing authority shall pay any
561	561	24 witness fees, travel expenses, mileage and other fees
562	562	25 required by the service statutes of the state in which the
563	563	26 witnesses or evidence are located.
564	564
565	565
566	566
567	567
568	568
569	569	HB2417 - 15 - LRB104 08038 AAS 18084 b
570	570
571	571
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573	573	HB2417 - 16 - LRB104 08038 AAS 18084 b
574	574	1 3. Only the home state shall have the power to take
575	575	2 adverse action against an audiologist's or speech-language
576	576	3 pathologist's license issued by the home state.
577	577	4 B. For purposes of taking adverse action, the home state
578	578	5 shall give the same priority and effect to reported conduct
579	579	6 received from a member state as it would if the conduct had
580	580	7 occurred within the home state. In so doing, the home state
581	581	8 shall apply its own state laws to determine appropriate
582	582	9 action.
583	583	10 C. The home state shall complete any pending
584	584	11 investigations of an audiologist or speech-language
585	585	12 pathologist who changes primary state of residence during the
586	586	13 course of the investigations. The home state shall also have
587	587	14 the authority to take appropriate action(s) and shall promptly
588	588	15 report the conclusions of the investigations to the
589	589	16 administrator of the data system. The administrator of the
590	590	17 coordinated licensure information system shall promptly notify
591	591	18 the new home state of any adverse actions.
592	592	19 D. If otherwise permitted by state law, the member states
593	593	20 may recover from the affected audiologist or speech-language
594	594	21 pathologist the costs of investigations and disposition of
595	595	22 cases resulting from any adverse action taken against that
596	596	23 audiologist or speech-language pathologist.
597	597	24 E. Take adverse action based on the factual findings of
598	598	25 the remote state, provided that the member state follows the
599	599	26 member state's own procedures for taking the adverse action.
600	600
601	601
602	602
603	603
604	604
605	605	HB2417 - 16 - LRB104 08038 AAS 18084 b
606	606
607	607
608	608	HB2417- 17 -LRB104 08038 AAS 18084 b HB2417 - 17 - LRB104 08038 AAS 18084 b
609	609	HB2417 - 17 - LRB104 08038 AAS 18084 b
610	610	1 F. Joint Investigations.
611	611	2 1. In addition to the authority granted to a member
612	612	3 state by its respective audiology or speech-language
613	613	4 pathology practice act or other applicable state law, any
614	614	5 member state may participate with other member states in
615	615	6 joint investigations of licensees.
616	616	7 2. Member states shall share any investigative,
617	617	8 litigation, or compliance materials in furtherance of any
618	618	9 joint or individual investigation initiated under the
619	619	10 Compact.
620	620	11 G. If adverse action is taken by the home state against an
621	621	12 audiologist's or speech language pathologist's license, the
622	622	13 audiologist's or speech-language pathologist's privilege to
623	623	14 practice in all other member states shall be deactivated until
624	624	15 all encumbrances have been removed from the state license. All
625	625	16 home state disciplinary orders that impose adverse action
626	626	17 against an audiologist's or speech language pathologist's
627	627	18 license shall include a statement that the audiologist's or
628	628	19 speech-language pathologist's privilege to practice is
629	629	20 deactivated in all member states during the pendency of the
630	630	21 order.
631	631	22 H. If a member state takes adverse action, it shall
632	632	23 promptly notify the administrator of the data system. The
633	633	24 administrator of the data system shall promptly notify the
634	634	25 home state of any adverse actions by remote states.
635	635	26 I. Nothing in this Compact shall override a member state's
636	636
637	637
638	638
639	639
640	640
641	641	HB2417 - 17 - LRB104 08038 AAS 18084 b
642	642
643	643
644	644	HB2417- 18 -LRB104 08038 AAS 18084 b HB2417 - 18 - LRB104 08038 AAS 18084 b
645	645	HB2417 - 18 - LRB104 08038 AAS 18084 b
646	646	1 decision that participation in an alternative program may be
647	647	2 used in lieu of adverse action.
648	648	3 SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
649	649	4 PATHOLOGY COMPACT COMMISSION
650	650	5 A. The Compact member states hereby create and establish a
651	651	6 joint public agency known as the Audiology and Speech-Language
652	652	7 Pathology Compact Commission:
653	653	8 1. The Commission is an instrumentality of the Compact
654	654	9 states.
655	655	10 2. Venue is proper and judicial proceedings by or
656	656	11 against the Commission shall be brought solely and
657	657	12 exclusively in a court of competent jurisdiction where the
658	658	13 principal office of the Commission is located. The
659	659	14 Commission may waive venue and jurisdictional defenses to
660	660	15 the extent it adopts or consents to participate in
661	661	16 alternative dispute resolution proceedings.
662	662	17 3. Nothing in this Compact shall be construed to be a
663	663	18 waiver of sovereign immunity.
664	664	19 B. Membership, Voting and Meetings.
665	665	20 1. Each member state shall have two (2) delegates
666	666	21 selected by that member state's licensing board. The
667	667	22 delegates shall be current members of the licensing board.
668	668	23 One shall be an audiologist and one shall be a
669	669	24 speech-language pathologist.
670	670	25 2. An additional five (5) delegates, who are either a
671	671	26 public member or board administrator from a state
672	672
673	673
674	674
675	675
676	676
677	677	HB2417 - 18 - LRB104 08038 AAS 18084 b
678	678
679	679
680	680	HB2417- 19 -LRB104 08038 AAS 18084 b HB2417 - 19 - LRB104 08038 AAS 18084 b
681	681	HB2417 - 19 - LRB104 08038 AAS 18084 b
682	682	1 licensing board, shall be chosen by the Executive
683	683	2 Committee from a pool of nominees provided by the
684	684	3 Commission at Large.
685	685	4 3. Any delegate may be removed or suspended from
686	686	5 office as provided by the law of the state from which the
687	687	6 delegate is appointed.
688	688	7 4. The member state board shall fill any vacancy
689	689	8 occurring on the Commission, within 90 days.
690	690	9 5. Each delegate shall be entitled to one (1) vote
691	691	10 with regard to the promulgation of rules and creation of
692	692	11 bylaws and shall otherwise have an opportunity to
693	693	12 participate in the business and affairs of the Commission.
694	694	13 6. A delegate shall vote in person or by other means as
695	695	14 provided in the bylaws. The bylaws may provide for
696	696	15 delegates' participation in meetings by telephone or other
697	697	16 means of communication.
698	698	17 7. The Commission shall meet at least once during each
699	699	18 calendar year. Additional meetings shall be held as set
700	700	19 forth in the bylaws.
701	701	20 C. The Commission shall have the following powers and
702	702	21 duties:
703	703	22 1. Establish the fiscal year of the Commission;
704	704	23 2. Establish bylaws;
705	705	24 3. Establish a Code of Ethics;
706	706	25 4. Maintain its financial records in accordance with
707	707	26 the bylaws;
708	708
709	709
710	710
711	711
712	712
713	713	HB2417 - 19 - LRB104 08038 AAS 18084 b
714	714
715	715
716	716	HB2417- 20 -LRB104 08038 AAS 18084 b HB2417 - 20 - LRB104 08038 AAS 18084 b
717	717	HB2417 - 20 - LRB104 08038 AAS 18084 b
718	718	1 5. Meet and take actions as are consistent with the
719	719	2 provisions of this Compact and the bylaws;
720	720	3 6. Promulgate uniform rules to facilitate and
721	721	4 coordinate implementation and administration of this
722	722	5 Compact. The rules shall have the force and effect of law
723	723	6 and shall be binding in all member states;
724	724	7 7. Bring and prosecute legal proceedings or actions in
725	725	8 the name of the Commission, provided that the standing of
726	726	9 any state audiology or speech-language pathology licensing
727	727	10 board to sue or be sued under applicable law shall not be
728	728	11 affected;
729	729	12 8. Purchase and maintain insurance and bonds;
730	730	13 9. Borrow, accept, or contract for services of
731	731	14 personnel, including, but not limited to, employees of a
732	732	15 member state;
733	733	16 10. Hire employees, elect or appoint officers, fix
734	734	17 compensation, define duties, grant individuals appropriate
735	735	18 authority to carry out the purposes of the Compact, and to
736	736	19 establish the Commission's personnel policies and programs
737	737	20 relating to conflicts of interest, qualifications of
738	738	21 personnel, and other related personnel matters;
739	739	22 11. Accept any and all appropriate donations and
740	740	23 grants of money, equipment, supplies, materials and
741	741	24 services, and to receive, utilize and dispose of the same;
742	742	25 provided that at all times the Commission shall avoid any
743	743	26 appearance of impropriety and/or conflict of interest;
744	744
745	745
746	746
747	747
748	748
749	749	HB2417 - 20 - LRB104 08038 AAS 18084 b
750	750
751	751
752	752	HB2417- 21 -LRB104 08038 AAS 18084 b HB2417 - 21 - LRB104 08038 AAS 18084 b
753	753	HB2417 - 21 - LRB104 08038 AAS 18084 b
754	754	1 12. Lease, purchase, accept appropriate gifts or
755	755	2 donations of, or otherwise to own, hold, improve or use,
756	756	3 any property, real, personal or mixed; provided that at
757	757	4 all times the Commission shall avoid any appearance of
758	758	5 impropriety;
759	759	6 13. Sell convey, mortgage, pledge, lease, exchange,
760	760	7 abandon, or otherwise dispose of any property real,
761	761	8 personal, or mixed;
762	762	9 14. Establish a budget and make expenditures;
763	763	10 15. Borrow money;
764	764	11 16. Appoint committees, including standing committees
765	765	12 composed of members, and other interested persons as may
766	766	13 be designated in this Compact and the bylaws;
767	767	14 17. Provide and receive information from, and
768	768	15 cooperate with, law enforcement agencies;
769	769	16 18. Establish and elect an Executive Committee; and
770	770	17 19. Perform other functions as may be necessary or
771	771	18 appropriate to achieve the purposes of this Compact
772	772	19 consistent with the state regulation of audiology and
773	773	20 speech-language pathology licensure and practice.
774	774	21 D. The Executive Committee. The Executive Committee shall
775	775	22 have the power to act on behalf of the Commission according to
776	776	23 the terms of this Compact:
777	777	24 1. The Executive Committee shall be composed of ten
778	778	25 (10) members:
779	779	26 a. Seven (7) voting members who are elected by the
780	780
781	781
782	782
783	783
784	784
785	785	HB2417 - 21 - LRB104 08038 AAS 18084 b
786	786
787	787
788	788	HB2417- 22 -LRB104 08038 AAS 18084 b HB2417 - 22 - LRB104 08038 AAS 18084 b
789	789	HB2417 - 22 - LRB104 08038 AAS 18084 b
790	790	1 Commission from the current membership of the
791	791	2 Commission;
792	792	3 b. Two (2) ex-officios, consisting of one
793	793	4 nonvoting member from a recognized national audiology
794	794	5 professional association and one nonvoting member from
795	795	6 a recognized national speech-language pathology
796	796	7 association; and
797	797	8 c. One (1) ex-officio, nonvoting member from the
798	798	9 recognized membership organization of the audiology
799	799	10 and speech-language pathology licensing boards.
800	800	11 E. The ex-officio members shall be selected by their
801	801	12 respective organizations.
802	802	13 1. The Commission may remove any member of the
803	803	14 Executive Committee as provided in bylaws.
804	804	15 2. The Executive Committee shall meet at least
805	805	16 annually.
806	806	17 3. The Executive Committee shall have the following
807	807	18 duties and responsibilities:
808	808	19 a. Recommend to the entire Commission changes to
809	809	20 the rules or bylaws, changes to this Compact
810	810	21 legislation, fees paid by Compact member states such
811	811	22 as annual dues, and any commission Compact fee charged
812	812	23 to licensees for the compact privilege;
813	813	24 b. Ensure Compact administration services are
814	814	25 appropriately provided, contractual or otherwise;
815	815	26 c. Prepare and recommend the budget;
816	816
817	817
818	818
819	819
820	820
821	821	HB2417 - 22 - LRB104 08038 AAS 18084 b
822	822
823	823
824	824	HB2417- 23 -LRB104 08038 AAS 18084 b HB2417 - 23 - LRB104 08038 AAS 18084 b
825	825	HB2417 - 23 - LRB104 08038 AAS 18084 b
826	826	1 d. Maintain financial records on behalf of the
827	827	2 Commission;
828	828	3 e. Monitor Compact compliance of member states and
829	829	4 provide compliance reports to the Commission;
830	830	5 f. Establish additional committees as necessary;
831	831	6 and
832	832	7 g. Other duties as provided in rules or bylaws.
833	833	8 4. Meetings of the Commission. All meetings shall be
834	834	9 open to the public, and public notice of meetings shall be
835	835	10 given in the same manner as required under the rulemaking
836	836	11 provisions in Section 10.
837	837	12 5. The Commission or the Executive Committee or other
838	838	13 committees of the Commission may convene in a closed,
839	839	14 non-public meeting if the Commission or Executive
840	840	15 Committee or other committees of the Commission must
841	841	16 discuss:
842	842	17 a. Non-compliance of a member state with its
843	843	18 obligations under the Compact;
844	844	19 b. The employment, compensation, discipline or
845	845	20 other matters, practices or procedures related to
846	846	21 specific employees or other matters related to the
847	847	22 Commission's internal personnel practices and
848	848	23 procedures;
849	849	24 c. Current, threatened, or reasonably anticipated
850	850	25 litigation;
851	851	26 d. Negotiation of contracts for the purchase,
852	852
853	853
854	854
855	855
856	856
857	857	HB2417 - 23 - LRB104 08038 AAS 18084 b
858	858
859	859
860	860	HB2417- 24 -LRB104 08038 AAS 18084 b HB2417 - 24 - LRB104 08038 AAS 18084 b
861	861	HB2417 - 24 - LRB104 08038 AAS 18084 b
862	862	1 lease, or sale of goods, services, or real estate;
863	863	2 e. Accusing any person of a crime or formally
864	864	3 censuring any person;
865	865	4 f. Disclosure of trade secrets or commercial or
866	866	5 financial information that is privileged or
867	867	6 confidential;
868	868	7 g. Disclosure of information of a personal nature
869	869	8 where disclosure would constitute a clearly
870	870	9 unwarranted invasion of personal privacy;
871	871	10 h. Disclosure of investigative records compiled
872	872	11 for law enforcement purposes;
873	873	12 i. Disclosure of information related to any
874	874	13 investigative reports prepared by or on behalf of or
875	875	14 for use of the Commission or other committee charged
876	876	15 with responsibility of investigation or determination
877	877	16 of compliance issues pursuant to the Compact; or
878	878	17 j. Matters specifically exempted from disclosure
879	879	18 by federal or member state statute.
880	880	19 6. If a meeting, or portion of a meeting, is closed
881	881	20 pursuant to this provision, the Commission's legal counsel
882	882	21 or designee shall certify that the meeting may be closed
883	883	22 and shall reference each relevant exempting provision.
884	884	23 7. The Commission shall keep minutes that fully and
885	885	24 clearly describe all matters discussed in a meeting and
886	886	25 shall provide a full and accurate summary of actions
887	887	26 taken, and the reasons therefore, including a description
888	888
889	889
890	890
891	891
892	892
893	893	HB2417 - 24 - LRB104 08038 AAS 18084 b
894	894
895	895
896	896	HB2417- 25 -LRB104 08038 AAS 18084 b HB2417 - 25 - LRB104 08038 AAS 18084 b
897	897	HB2417 - 25 - LRB104 08038 AAS 18084 b
898	898	1 of the views expressed. All documents considered in
899	899	2 connection with an action shall be identified in minutes.
900	900	3 All minutes and documents of a closed meeting shall remain
901	901	4 under seal, subject to release by a majority vote of the
902	902	5 Commission or order of a court of competent jurisdiction.
903	903	6 8. Financing of the Commission.
904	904	7 a. The Commission shall pay, or provide for the
905	905	8 payment of, the reasonable expenses of its
906	906	9 establishment, organization, and ongoing activities.
907	907	10 b. The Commission may accept any and all
908	908	11 appropriate revenue sources, donations, and grants of
909	909	12 money, equipment, supplies, materials, and services.
910	910	13 c. The Commission may levy on and collect an
911	911	14 annual assessment from each member state or impose
912	912	15 fees on other parties to cover the cost of the
913	913	16 operations and activities of the Commission and its
914	914	17 staff, which must be in a total amount sufficient to
915	915	18 cover its annual budget as approved each year for
916	916	19 which revenue is not provided by other sources. The
917	917	20 aggregate annual assessment amount shall be allocated
918	918	21 based upon a formula to be determined by the
919	919	22 Commission, which shall promulgate a rule binding upon
920	920	23 all member states.
921	921	24 9. The Commission shall not incur obligations of any
922	922	25 kind prior to securing the funds adequate to meet the
923	923	26 same; nor shall the Commission pledge the credit of any of
924	924
925	925
926	926
927	927
928	928
929	929	HB2417 - 25 - LRB104 08038 AAS 18084 b
930	930
931	931
932	932	HB2417- 26 -LRB104 08038 AAS 18084 b HB2417 - 26 - LRB104 08038 AAS 18084 b
933	933	HB2417 - 26 - LRB104 08038 AAS 18084 b
934	934	1 the member states, except by and with the authority of the
935	935	2 member state.
936	936	3 10. The Commission shall keep accurate accounts of all
937	937	4 receipts and disbursements. The receipts and disbursements
938	938	5 of the Commission shall be subject to the audit and
939	939	6 accounting procedures established under its bylaws.
940	940	7 However, all receipts and disbursements of funds handled
941	941	8 by the Commission shall be audited yearly by a certified
942	942	9 or licensed public accountant, and the report of the audit
943	943	10 shall be included in and become part of the annual report
944	944	11 of the Commission.
945	945	12 F. Qualified Immunity, Defense, and Indemnification.
946	946	13 1. The members, officers, executive director,
947	947	14 employees and representatives of the Commission shall be
948	948	15 immune from suit and liability, either personally or in
949	949	16 their official capacity, for any claim for damage to or
950	950	17 loss of property or personal injury or other civil
951	951	18 liability caused by or arising out of any actual or
952	952	19 alleged act, error or omission that occurred, or that the
953	953	20 person against whom the claim is made had a reasonable
954	954	21 basis for believing occurred within the scope of
955	955	22 Commission employment, duties or responsibilities;
956	956	23 provided that nothing in this paragraph shall be construed
957	957	24 to protect any person from suit and/or liability for any
958	958	25 damage, loss, injury, or liability caused by the
959	959	26 intentional or willful or wanton misconduct of that
960	960
961	961
962	962
963	963
964	964
965	965	HB2417 - 26 - LRB104 08038 AAS 18084 b
966	966
967	967
968	968	HB2417- 27 -LRB104 08038 AAS 18084 b HB2417 - 27 - LRB104 08038 AAS 18084 b
969	969	HB2417 - 27 - LRB104 08038 AAS 18084 b
970	970	1 person.
971	971	2 2. The Commission shall defend any member, officer,
972	972	3 executive director, employee or representative of the
973	973	4 Commission in any civil action seeking to impose liability
974	974	5 arising out of any actual or alleged act, error, or
975	975	6 omission that occurred within the scope of Commission
976	976	7 employment, duties, or responsibilities, or that the
977	977	8 person against whom the claim is made had a reasonable
978	978	9 basis for believing occurred within the scope of
979	979	10 Commission employment, duties, or responsibilities;
980	980	11 provided that nothing herein shall be construed to
981	981	12 prohibit that person from retaining his or her own
982	982	13 counsel; and provided further, that the actual or alleged
983	983	14 act, error, or omission did not result from that person's
984	984	15 intentional or willful or wanton misconduct.
985	985	16 3. The Commission shall indemnify and hold harmless
986	986	17 any member, officer, executive director, employee, or
987	987	18 representative of the Commission for the amount of any
988	988	19 settlement or judgment obtained against that person
989	989	20 arising out of any actual or alleged act, error or
990	990	21 omission that occurred within the scope of Commission
991	991	22 employment, duties, or responsibilities, or that person
992	992	23 had a reasonable basis for believing occurred within the
993	993	24 scope of Commission employment, duties, or
994	994	25 responsibilities, provided that the actual or alleged act,
995	995	26 error, or omission did not result from the intentional or
996	996
997	997
998	998
999	999
1000	1000
1001	1001	HB2417 - 27 - LRB104 08038 AAS 18084 b
1002	1002
1003	1003
1004	1004	HB2417- 28 -LRB104 08038 AAS 18084 b HB2417 - 28 - LRB104 08038 AAS 18084 b
1005	1005	HB2417 - 28 - LRB104 08038 AAS 18084 b
1006	1006	1 willful or wanton misconduct of that person.
1007	1007	2 SECTION 9. DATA SYSTEM
1008	1008	3 A. The Commission shall provide for the development,
1009	1009	4 maintenance, and utilization of a coordinated database and
1010	1010	5 reporting system containing licensure, adverse action, and
1011	1011	6 investigative information on all licensed individuals in
1012	1012	7 member states.
1013	1013	8 B. Notwithstanding any other provision of state law to the
1014	1014	9 contrary, a member state shall submit a uniform data set to the
1015	1015	10 data system on all individuals to whom this Compact is
1016	1016	11 applicable as required by the rules of the Commission,
1017	1017	12 including:
1018	1018	13 1. Identifying information;
1019	1019	14 2. Licensure data;
1020	1020	15 3. Adverse actions against a license or compact
1021	1021	16 privilege;
1022	1022	17 4. Non-confidential information related to alternative
1023	1023	18 program participation;
1024	1024	19 5. Any denial of application for licensure, and the
1025	1025	20 reason(s) for denial; and
1026	1026	21 6. Other information that may facilitate the
1027	1027	22 administration of this Compact, as determined by the rules
1028	1028	23 of the Commission.
1029	1029	24 C. Investigative information pertaining to a licensee in
1030	1030	25 any member state shall only be available to other member
1031	1031	26 states.
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037	HB2417 - 28 - LRB104 08038 AAS 18084 b
1038	1038
1039	1039
1040	1040	HB2417- 29 -LRB104 08038 AAS 18084 b HB2417 - 29 - LRB104 08038 AAS 18084 b
1041	1041	HB2417 - 29 - LRB104 08038 AAS 18084 b
1042	1042	1 D. The Commission shall promptly notify all member states
1043	1043	2 of any adverse action taken against a licensee or an
1044	1044	3 individual applying for a license. Adverse action information
1045	1045	4 pertaining to a licensee in any member state shall be
1046	1046	5 available to any other member state.
1047	1047	6 E. Member states contributing information to the data
1048	1048	7 system may designate information that may not be shared with
1049	1049	8 the public without the express permission of the contributing
1050	1050	9 state.
1051	1051	10 F. Any information submitted to the data system that is
1052	1052	11 subsequently required to be expunged by the laws of the member
1053	1053	12 state contributing the information shall be removed from the
1054	1054	13 data system.
1055	1055	14 SECTION 10. RULEMAKING
1056	1056	15 A. The Commission shall exercise its rulemaking powers
1057	1057	16 pursuant to the criteria set forth in this Section and the
1058	1058	17 rules adopted thereunder. Rules and amendments shall become
1059	1059	18 binding as of the date specified in each rule or amendment.
1060	1060	19 B. If a majority of the legislatures of the member states
1061	1061	20 rejects a rule, by enactment of a statute or resolution in the
1062	1062	21 same manner used to adopt the Compact within 4 years of the
1063	1063	22 date of adoption of the rule, the rule shall have no further
1064	1064	23 force and effect in any member state.
1065	1065	24 C. Rules or amendments to the rules shall be adopted at a
1066	1066	25 regular or special meeting of the Commission.
1067	1067	26 D. Prior to promulgation and adoption of a final rule or
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073	HB2417 - 29 - LRB104 08038 AAS 18084 b
1074	1074
1075	1075
1076	1076	HB2417- 30 -LRB104 08038 AAS 18084 b HB2417 - 30 - LRB104 08038 AAS 18084 b
1077	1077	HB2417 - 30 - LRB104 08038 AAS 18084 b
1078	1078	1 rules by the Commission, and at least thirty (30) days in
1079	1079	2 advance of the meeting at which the rule shall be considered
1080	1080	3 and voted upon, the Commission shall file a Notice of Proposed
1081	1081	4 Rulemaking:
1082	1082	5 1. On the website of the Commission or other publicly
1083	1083	6 accessible platform; and
1084	1084	7 2. On the website of each member state audiology or
1085	1085	8 speech-language pathology licensing board or other
1086	1086	9 publicly accessible platform or the publication in which
1087	1087	10 each state would otherwise publish proposed rules.
1088	1088	11 E. The Notice of Proposed Rulemaking shall include:
1089	1089	12 1. The proposed time, date, and location of the
1090	1090	13 meeting in which the rule shall be considered and voted
1091	1091	14 upon;
1092	1092	15 2. The text of the proposed rule or amendment and the
1093	1093	16 reason for the proposed rule;
1094	1094	17 3. A request for comments on the proposed rule from
1095	1095	18 any interested person; and
1096	1096	19 4. The manner in which interested persons may submit
1097	1097	20 notice to the Commission of their intention to attend the
1098	1098	21 public hearing and any written comments.
1099	1099	22 F. Prior to the adoption of a proposed rule, the
1100	1100	23 Commission shall allow persons to submit written data, facts,
1101	1101	24 opinions and arguments, which shall be made available to the
1102	1102	25 public.
1103	1103	26 G. The Commission shall grant an opportunity for a public
1104	1104
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109	HB2417 - 30 - LRB104 08038 AAS 18084 b
1110	1110
1111	1111
1112	1112	HB2417- 31 -LRB104 08038 AAS 18084 b HB2417 - 31 - LRB104 08038 AAS 18084 b
1113	1113	HB2417 - 31 - LRB104 08038 AAS 18084 b
1114	1114	1 hearing before it adopts a rule or amendment if a hearing is
1115	1115	2 requested by:
1116	1116	3 1. At least twenty-five (25) persons;
1117	1117	4 2. A state or federal governmental subdivision or
1118	1118	5 agency; or
1119	1119	6 3. An association having at least twenty-five (25)
1120	1120	7 members.
1121	1121	8 H. If a hearing is held on the proposed rule or amendment,
1122	1122	9 the Commission shall publish the place, time, and date of the
1123	1123	10 scheduled public hearing. If the hearing is held via
1124	1124	11 electronic means, the Commission shall publish the mechanism
1125	1125	12 for access to the electronic hearing.
1126	1126	13 1. All persons wishing to be heard at the hearing
1127	1127	14 shall notify the executive director of the Commission or
1128	1128	15 other designated member in writing of their desire to
1129	1129	16 appear and testify at the hearing not less than five (5)
1130	1130	17 business days before the scheduled date of the hearing.
1131	1131	18 2. Hearings shall be conducted in a manner providing
1132	1132	19 each person who wishes to comment a fair and reasonable
1133	1133	20 opportunity to comment orally or in writing.
1134	1134	21 3. All hearings shall be recorded. A copy of the
1135	1135	22 recording shall be made available on request.
1136	1136	23 4. Nothing in this section shall be construed as
1137	1137	24 requiring a separate hearing on each rule. Rules may be
1138	1138	25 grouped for the convenience of the Commission at hearings
1139	1139	26 required by this section.
1140	1140
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145	HB2417 - 31 - LRB104 08038 AAS 18084 b
1146	1146
1147	1147
1148	1148	HB2417- 32 -LRB104 08038 AAS 18084 b HB2417 - 32 - LRB104 08038 AAS 18084 b
1149	1149	HB2417 - 32 - LRB104 08038 AAS 18084 b
1150	1150	1 I. Following the scheduled hearing date, or by the close
1151	1151	2 of business on the scheduled hearing date if the hearing was
1152	1152	3 not held, the Commission shall consider all written and oral
1153	1153	4 comments received.
1154	1154	5 J. If no written notice of intent to attend the public
1155	1155	6 hearing by interested parties is received, the Commission may
1156	1156	7 proceed with promulgation of the proposed rule without a
1157	1157	8 public hearing.
1158	1158	9 K. The Commission shall, by majority vote of all members,
1159	1159	10 take final action on the proposed rule and shall determine the
1160	1160	11 effective date of the rule, if any, based on the rulemaking
1161	1161	12 record and the full text of the rule.
1162	1162	13 L. Upon determination that an emergency exists, the
1163	1163	14 Commission may consider and adopt an emergency rule without
1164	1164	15 prior notice, opportunity for comment, or hearing, provided
1165	1165	16 that the usual rulemaking procedures provided in the Compact
1166	1166	17 and in this section shall be retroactively applied to the rule
1167	1167	18 as soon as reasonably possible, in no event later than ninety
1168	1168	19 (90) days after the effective date of the rule. For the
1169	1169	20 purposes of this provision, an emergency rule is one that must
1170	1170	21 be adopted immediately in order to:
1171	1171	22 1. Meet an imminent threat to public health, safety,
1172	1172	23 or welfare;
1173	1173	24 2. Prevent a loss of Commission or member state funds;
1174	1174	25 or
1175	1175	26 3. Meet a deadline for the promulgation of an
1176	1176
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181	HB2417 - 32 - LRB104 08038 AAS 18084 b
1182	1182
1183	1183
1184	1184	HB2417- 33 -LRB104 08038 AAS 18084 b HB2417 - 33 - LRB104 08038 AAS 18084 b
1185	1185	HB2417 - 33 - LRB104 08038 AAS 18084 b
1186	1186	1 administrative rule that is established by federal law or
1187	1187	2 rule.
1188	1188	3 M. The Commission or an authorized committee of the
1189	1189	4 Commission may direct revisions to a previously adopted rule
1190	1190	5 or amendment for purposes of correcting typographical errors,
1191	1191	6 errors in format, errors in consistency, or grammatical
1192	1192	7 errors. Public notice of any revisions shall be posted on the
1193	1193	8 website of the Commission. The revision shall be subject to
1194	1194	9 challenge by any person for a period of thirty (30) days after
1195	1195	10 posting. The revision may be challenged only on grounds that
1196	1196	11 the revision results in a material change to a rule. A
1197	1197	12 challenge shall be made in writing and delivered to the chair
1198	1198	13 of the Commission prior to the end of the notice period. If no
1199	1199	14 challenge is made, the revision shall take effect without
1200	1200	15 further action. If the revision is challenged, the revision
1201	1201	16 may not take effect without the approval of the Commission.
1202	1202	17 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1203	1203	18 A. Dispute Resolution.
1204	1204	19 1. Upon request by a member state, the Commission
1205	1205	20 shall attempt to resolve disputes related to the Compact
1206	1206	21 that arise among member states and between member and
1207	1207	22 non-member states.
1208	1208	23 2. The Commission shall promulgate a rule providing
1209	1209	24 for both mediation and binding dispute resolution for
1210	1210	25 disputes as appropriate.
1211	1211	26 B. Enforcement.
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217	HB2417 - 33 - LRB104 08038 AAS 18084 b
1218	1218
1219	1219
1220	1220	HB2417- 34 -LRB104 08038 AAS 18084 b HB2417 - 34 - LRB104 08038 AAS 18084 b
1221	1221	HB2417 - 34 - LRB104 08038 AAS 18084 b
1222	1222	1 1. The Commission, in the reasonable exercise of its
1223	1223	2 discretion, shall enforce the provisions and rules of this
1224	1224	3 Compact.
1225	1225	4 2. By majority vote, the Commission may initiate legal
1226	1226	5 action in the United States District Court for the
1227	1227	6 District of Columbia or the federal district where the
1228	1228	7 Commission has its principal offices against a member
1229	1229	8 state in default to enforce compliance with the provisions
1230	1230	9 of the Compact and its promulgated rules and bylaws. The
1231	1231	10 relief sought may include both injunctive relief and
1232	1232	11 damages. In the event judicial enforcement is necessary,
1233	1233	12 the prevailing member shall be awarded all costs of
1234	1234	13 litigation, including reasonable attorney's fees.
1235	1235	14 3. The remedies herein shall not be the exclusive
1236	1236	15 remedies of the Commission. The Commission may pursue any
1237	1237	16 other remedies available under federal or state law.
1238	1238	17 SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE
1239	1239	18 COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
1240	1240	19 PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
1241	1241	20 A. The Compact shall come into effect on the date on which
1242	1242	21 the Compact statute is enacted into law in the 10th member
1243	1243	22 state. The provisions, which become effective at that time,
1244	1244	23 shall be limited to the powers granted to the Commission
1245	1245	24 relating to assembly and the promulgation of rules.
1246	1246	25 Thereafter, the Commission shall meet and exercise rulemaking
1247	1247	26 powers necessary to the implementation and administration of
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253	HB2417 - 34 - LRB104 08038 AAS 18084 b
1254	1254
1255	1255
1256	1256	HB2417- 35 -LRB104 08038 AAS 18084 b HB2417 - 35 - LRB104 08038 AAS 18084 b
1257	1257	HB2417 - 35 - LRB104 08038 AAS 18084 b
1258	1258	1 the Compact.
1259	1259	2 B. Any state that joins the Compact subsequent to the
1260	1260	3 Commission's initial adoption of the rules shall be subject to
1261	1261	4 the rules as they exist on the date on which the Compact
1262	1262	5 becomes law in that state. Any rule that has been previously
1263	1263	6 adopted by the Commission shall have the full force and effect
1264	1264	7 of law on the day the Compact becomes law in that state.
1265	1265	8 C. Any member state may withdraw from this Compact by
1266	1266	9 enacting a statute repealing the same.
1267	1267	10 1. A member state's withdrawal shall not take effect
1268	1268	11 until six (6) months after enactment of the repealing
1269	1269	12 statute.
1270	1270	13 2. Withdrawal shall not affect the continuing
1271	1271	14 requirement of the withdrawing state's audiology or
1272	1272	15 speech-language pathology licensing board to comply with
1273	1273	16 the investigative and adverse action reporting
1274	1274	17 requirements of this act prior to the effective date of
1275	1275	18 withdrawal.
1276	1276	19 D. Nothing contained in this Compact shall be construed to
1277	1277	20 invalidate or prevent any audiology or speech-language
1278	1278	21 pathology licensure agreement or other cooperative arrangement
1279	1279	22 between a member state and a non-member state that does not
1280	1280	23 conflict with the provisions of this Compact.
1281	1281	24 E. This Compact may be amended by the member states. No
1282	1282	25 amendment to this Compact shall become effective and binding
1283	1283	26 upon any member state until it is enacted into the laws of all
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289	HB2417 - 35 - LRB104 08038 AAS 18084 b
1290	1290
1291	1291
1292	1292	HB2417- 36 -LRB104 08038 AAS 18084 b HB2417 - 36 - LRB104 08038 AAS 18084 b
1293	1293	HB2417 - 36 - LRB104 08038 AAS 18084 b
1294	1294	1 member states.
1295	1295	2 SECTION 13. CONSTRUCTION AND SEVERABILITY
1296	1296	3 This Compact shall be liberally construed so as to
1297	1297	4 effectuate the purposes thereof. The provisions of this
1298	1298	5 Compact shall be severable and if any phrase, clause, sentence
1299	1299	6 or provision of this Compact is declared to be contrary to the
1300	1300	7 constitution of any member state or of the United States or the
1301	1301	8 applicability thereof to any government, agency, person or
1302	1302	9 circumstance is held invalid, the validity of the remainder of
1303	1303	10 this Compact and the applicability thereof to any government,
1304	1304	11 agency, person or circumstance shall not be affected thereby.
1305	1305	12 If this Compact shall be held contrary to the constitution of
1306	1306	13 any member state, the Compact shall remain in full force and
1307	1307	14 effect as to the remaining member states and in full force and
1308	1308	15 effect as to the member state affected as to all severable
1309	1309	16 matters.
1310	1310	17 SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
1311	1311	18 A. Nothing herein prevents the enforcement of any other
1312	1312	19 law of a member state that is not inconsistent with the
1313	1313	20 Compact.
1314	1314	21 B. All laws in a member state in conflict with the Compact
1315	1315	22 are superseded to the extent of the conflict.
1316	1316	23 C. All lawful actions of the Commission, including all
1317	1317	24 rules and bylaws promulgated by the Commission, are binding
1318	1318	25 upon the member states.
1319	1319	26 D. All agreements between the Commission and the member
1320	1320
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325	HB2417 - 36 - LRB104 08038 AAS 18084 b
1326	1326
1327	1327
1328	1328	HB2417- 37 -LRB104 08038 AAS 18084 b HB2417 - 37 - LRB104 08038 AAS 18084 b
1329	1329	HB2417 - 37 - LRB104 08038 AAS 18084 b
1330	1330	1 states are binding in accordance with their terms.
1331	1331	2 E. In the event any provision of the Compact exceeds the
1332	1332	3 constitutional limits imposed on the legislature of any member
1333	1333	4 state, the provision shall be ineffective to the extent of the
1334	1334	5 conflict with the constitutional provision in question in that
1335	1335	6 member state."
1336	1336	7 Section 10. The Illinois Speech-Language Pathology and
1337	1337	8 Audiology Practice Act is amended by adding Section 4.3 as
1338	1338	9 follows:
1339	1339
1340	1340
1341	1341
1342	1342
1343	1343
1344	1344	HB2417 - 37 - LRB104 08038 AAS 18084 b