Indiana Senate Bill SB0005 Latest Draft

                            Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 5
AN ACT to amend the Indiana Code concerning professions and
occupations.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 25-0.5-11-1, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. As used in IC 25-1-9 and IC 25-1-21,
"board" means any of the entities described in this chapter.
SECTION 2. IC 25-1-21 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
 Chapter 21. Reciprocity for Health Care Professionals
Sec. 1. (a) This chapter does not apply to any of the following
licenses:
(1) Any type of social work license issued under IC 25-23.6-5.
(2) Any type of marriage and family therapist license issued
under IC 25-23.6-8.
(3) Any type of mental health counselor license issued under
IC 25-23.6-8.5.
(4) Any type of addiction counselor or clinical addiction
counselor license issued under IC 25-23.6-10.5.
(5) Any type of respiratory care practitioner license issued
under IC 25-34.5.
(b) This chapter does not prohibit an applicant from proceeding
under other licensure, certification, registration, or permit
SEA 5 — CC 1 2
requirements established by a board or another law.
Sec. 2. As used in this chapter, "board" means any of the
entities described in IC 25-0.5-11.
Sec. 3. As used in this chapter, "jurisdiction" means the District
of Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
Sec. 4. As used in this chapter, "license" means an unlimited
license regulating the occupation in question.
Sec. 4.5. As used in this chapter, "provisional license or
provisional certificate" means a temporary license or certificate
issued under this chapter that allows the holder to practice the
occupation that was applied for and at the same practice level until
the license or certificate expires under section 7(c) of this chapter.
Sec. 5. Notwithstanding any other law, subject to section 11 of
this chapter, a board shall issue a license or certificate to an
applicant to allow the individual to practice the applicant's
occupation in Indiana if, upon application to the board, the
applicant satisfies the following conditions:
(1) Holds a current license or certificate from another state or
jurisdiction; and
(A) that state's or jurisdiction's requirements for a license
or certificate are substantially equivalent to or exceed the
requirements for a license or certificate of the board from
which the applicant is seeking licensure or certification; or
(B) when the person was licensed or certified by another
state:
(i) there were minimum education requirements in the
other state;
(ii) if there were applicable work experience and clinical
supervision requirements in effect, the person met those
requirements in order to be licensed or certified in that
state; and
(iii) if required by the other state, the person previously
passed an examination required for the license or
certification.
(2) Has not committed any act in any state or jurisdiction that
would have constituted grounds for refusal, suspension, or
revocation of a license, certificate, registration, or permit to
practice that occupation in Indiana at the time the act was
committed.
(3) Does not have a complaint or an investigation pending
SEA 5 — CC 1 3
before the regulating agency in another state or jurisdiction
that relates to unprofessional conduct.
(4) Is in good standing and has not been disciplined by the
agency that has authority to issue the license or certification.
(5) If a law regulating the applicant's occupation requires the
board to administer an examination on the relevant laws of
Indiana, the board may require the applicant to take and pass
an examination specific to the laws of Indiana.
(6) Pays any fees required by the board for which the
applicant is seeking licensure or certification.
Sec. 6. If a national criminal history background check (as
defined in IC 25-1-1.1-4) is required under IC 25-1-1.1-4 for the
occupation for which the applicant seeks a license or certificate,
not more than five (5) business days after the:
(1) professional licensing agency received the individual's
application for a license or certificate under this chapter; and
(2) individual has paid any fees required by the board for
which the applicant is seeking licensure or certification;
the professional licensing agency shall notify the applicant that the
applicant is eligible to submit a national criminal history
background check to the professional licensing agency.
Sec. 7. (a) Notwithstanding any other law, an applicant for a
license or certificate is entitled to a provisional license or
provisional certificate in the occupation applied for and at the
same practice level as determined by the board, without an
examination, if all of the following conditions are met:
(1) The individual submits a signed affidavit affirming, under
the penalties for perjury, the following:
(A) The individual is in good standing in all states and
jurisdictions in which the individual holds a license or
certificate for the occupation applied for.
(B) The individual has not had a license revoked and has
not voluntarily surrendered a license in another state or
jurisdiction while under investigation for unprofessional
conduct.
(C) The individual has not had discipline imposed by the
regulating agency for the occupation in another state or
jurisdiction.
(D) The individual does not have a complaint or an
investigation pending before the regulating agency in
another state or jurisdiction that relates to unprofessional
conduct.
SEA 5 — CC 1 4
(2) The individual does not have a disqualifying criminal
history, as determined by the board, if a national criminal
history background check (as defined in IC 25-1-1.1-4) is
required under IC 25-1-1.1-4 for the occupation for which the
applicant seeks a license or certificate.
(3) The individual submits verification that the individual is
currently licensed or certified in at least one (1) other state or
jurisdiction in the occupation applied for.
(4) The individual has submitted an application for a license
or certificate under this chapter with the board and has paid
any application fee.
(b) An applicant who has met the requirements in subsection (a)
shall be issued a provisional license or provisional certificate not
more than thirty (30) days after the requirements are met.
(c) A provisional license or provisional certificate expires on the
earlier of the following:
(1) Three hundred sixty-five (365) days after it is issued.
(2) The date on which the board approves and issues the
individual a license or certificate for the occupation.
(3) The date on which the board denies the individual's
application for a license or certificate for the occupation.
(d) In addition to any other penalties for perjury, an individual
who violates this section commits a Class A infraction.
(e) If the board discovers that any of the information submitted
under this section is false, the board may immediately revoke the
individual's provisional license or provisional certificate.
(f) This section does not apply to a license or certificate that is
established by or recognized through an interstate compact, a
reciprocity agreement, or a comity agreement that is established by
a board or a law.
(g) The board shall make a final decision on a license or
certificate application before the expiration of a provisional license
or provisional certificate issued under this section.
Sec. 8. A nonresident who is issued a license or certificate under
this chapter is entitled to the same rights and subject to the same
obligations as required of a resident who is issued a license or
certificate by a board.
Sec. 9. Notwithstanding any other law, if a board has a pending
application for initial licensure or certification that requires final
approval by the board, the board shall meet not more than
thirty-one (31) days after the application is ready for approval.
Sec. 10. A board may adopt rules under IC 4-22-2 necessary to
SEA 5 — CC 1 5
implement this chapter.
Sec. 11. Beginning July 1, 2026, the medical licensing board of
Indiana may not issue a license under this chapter to an applicant
seeking a license as a physician under IC 25-22.5.
SECTION 3. IC 25-23.6-5-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) Except as
provided in subsection (b), a graduate program is considered to have
emphasized direct clinical patient or clinic health care services if the
graduate program meets the following requirements:
(1) Required coursework in clinical social work and related areas
such as psychiatric social work, medical social work, social case
work, case management, psychotherapy, group therapy, and any
other coursework accepted by the board.
(2) Required a supervised field placement that was part of the
applicant's advanced concentration in direct practice, during
which the applicant provided clinical services directly to clients.
(3) Required completion of twenty-four (24) semester hours or
thirty-seven (37) quarter hours of clinically oriented services
courses in the theory and research of human behavior and social
environment and practice methods. However, if the graduate
degree was obtained before October 1, 1990, and the applicant
submitted an application under section 3 of this chapter (before
its repeal) before July 1, 1999, twenty-one (21) semester hours or
thirty-one (31) quarter hours in clinically oriented services are
required. Not more than six (6) semester hours or nine (9) quarter
hours of the clinically oriented services courses may be from
independent study coursework.
If the applicant's transcript does not clearly identify the content of the
coursework, the applicant shall submit a syllabus, a course catalog
description, or other documentation that describes the coursework.
(b) An applicant who graduated from a graduate program that did
not emphasize direct patient or client services may complete the
clinical curriculum requirement by returning to a graduate program
allowed under section 2(1)(B) of this chapter to complete the education
requirements.
(c) Coursework that was taken at a baccalaureate level does not
meet the requirements under this section unless an official of the
graduate program certifies that the specific course, which a student
enrolled in the same graduate program was ordinarily required to
complete at the graduate level, was waived or exempted based on
completion of a similar course at the baccalaureate level.
SECTION 4. IC 25-23.6-5-10.5, AS ADDED BY P.L.192-2017,
SEA 5 — CC 1 6
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10.5. The board shall issue a license to an
individual to be a bachelor's degree social worker, social worker, or
clinical social worker, not more than thirty (30) days after the
application is filed and completed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 5. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
and family therapist under section 1 of this chapter or an applicant for
a license as a marriage and family therapist associate under section 1.5
of this chapter must complete the following educational requirements:
(1) Except as provided in subsection (b), complete twenty-seven
(27) semester hours or forty-one (41) quarter hours of graduate
course work that must include graduate level course credits with
material in at least the following content areas:
(A) Theoretical foundations of marriage and family therapy.
(B) Major models of marriage and family therapy.
(C) Individual development.
(D) Family development and family relationships.
(E) Clinical problems.
(F) Collaboration with other disciplines.
(G) Sexuality.
(H) Gender and sexual orientation.
(I) Issues of ethnicity, race, socioeconomic status, and culture.
(J) Therapy techniques.
(K) Behavioral research that focuses on the interpretation and
application of research data as it applies to clinical practice.
The content areas may be combined into any one (1) graduate
level course. if the applicant can prove that the course work was
devoted to each content area.
(2) Not less than one (1) graduate level course of two (2) semester
hours or three (3) quarter hours Graduate course work in the
following areas:
(A) Legal, ethical, and professional standards issues in the
practice of marriage and family therapy or an equivalent
SEA 5 — CC 1 7
course approved by the board.
(B) Appraisal and assessment for individual or interpersonal
disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship, or
field experience in a marriage and family counseling setting that
meets the following requirements:
(A) The applicant provided five hundred (500) hours of
marriage and family therapy services, including at least four
hundred (400) face to face client contact hours, of which at
least two hundred (200) hours must be relational, under the
supervision of a licensed marriage and family therapist who
has at least five (5) years of experience or a qualified
supervisor approved by the board.
(B) The applicant received one hundred (100) hours of
supervision from a licensed marriage and family therapist who
has at least five (5) years experience as a qualified supervisor.
The requirements under clauses (A) and (B) may be met by a
supervised practice experience that took place away from an
institution of higher education but that is certified by an official
of the eligible postsecondary educational institution as being
equivalent to a graduate level practicum or internship program at
an institution accredited by an accrediting agency approved by the
United States Department of Education Commission on
Recognition of Postsecondary Education, the Association of
Universities and Colleges of Canada, or the Commission on
Accreditation for Marriage and Family Therapy Education.
(b) The following graduate work may not be used to satisfy the
content area requirements under subsection (a):
(1) Thesis or dissertation work.
(2) Practicums, internships, or fieldwork.
SECTION 6. IC 25-23.6-8-9.5, AS ADDED BY P.L.225-2017,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
individual to be a marriage and family therapist, not more than thirty
(30) days after the application is filed and completed, if the
individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
SEA 5 — CC 1 8
(4) pays a fee.
SECTION 7. IC 25-23.6-8.5-3, AS AMENDED BY P.L.160-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. An applicant as a mental health counselor
under section 1 of this chapter or a mental health counselor associate
under section 1.5 of this chapter must complete the following
educational requirements:
(1) Complete sixty (60) semester hours of Graduate course work
in counseling that must include either a master's degree that
required not less than forty-eight (48) semester hours or a doctor's
degree in counseling. The graduate course work must include the
following content areas:
(A) Human growth and development.
(B) Social and cultural foundations of counseling.
(C) Helping relationship, including counseling theory and
practice.
(D) Group dynamics, processes, counseling, and consultation.
(E) Lifestyle and career development.
(F) Assessment and appraisal of individuals.
(G) Research and program evaluation.
(H) Professional orientation and ethics.
(I) Foundations of mental health counseling.
(J) Contextual dimensions of mental health counseling.
(K) Knowledge and skills for the practice of mental health
counseling and psychotherapy.
(L) Clinical instruction.
(2) Not less than one (1) supervised clinical practicum, internship,
or field experience in a counseling setting, which must include a
minimum of seven hundred (700) clock hours consisting of one
(1) practicum of one hundred (100) hours, and one (1) internship
of six hundred (600) hours with at least sixty-six (66) hours of
face to face supervision. This requirement may be met by a
supervised practice experience that took place away from an
eligible postsecondary educational institution but that is certified
by an official of the eligible postsecondary educational institution
as being equivalent to a clinical mental health graduate level
practicum or internship program at an institution accredited by an
accrediting agency approved by the United States Department of
Education or the Association of Universities and Colleges of
Canada.
SECTION 8. IC 25-23.6-8.5-9.5, AS ADDED BY P.L.225-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEA 5 — CC 1 9
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
individual to be a mental health counselor, not more than thirty (30)
days after the application is filed and completed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 9. IC 25-23.6-10.5-5, AS AMENDED BY P.L.49-2019,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5. (a) An applicant under section 1 of this chapter
must complete the following educational requirements:
(1) Forty (40) semester hours or sixty (60) quarter hours of Course
work from an eligible postsecondary educational institution that
includes the following content areas:
(A) Addictions theory.
(B) Psychoactive drugs.
(C) Addictions counseling skills.
(D) Theories of personality.
(E) Developmental psychology.
(F) Abnormal psychology.
(G) Group work.
(H) Cultural competency.
(I) Ethics and professional development.
(J) Family education.
(K) Areas of content as approved by the board.
(2) At least one (1) supervised practicum, internship, or field
experience in an addiction counseling setting that requires the
applicant to provide at least three hundred fifty (350) hours of
addiction counseling services.
(b) The content areas under subsection (a)(1) may be combined into
any one (1) college level course. if the applicant can prove that the
course work was devoted to each content area listed in subsection
(a)(1).
SECTION 10. IC 25-23.6-10.5-6, AS AMENDED BY
P.L.207-2021, SECTION 27, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) An applicant
under section 2 of this chapter must complete the following educational
requirements:
(1) Twenty-seven (27) semester hours or forty-one (41) quarter
SEA 5 — CC 1 10
hours of Graduate course work that must include graduate level
course credits with material in at least the following content areas:
(A) Addiction counseling theories and techniques.
(B) Psychopharmacology.
(C) Psychopathology.
(D) Clinical appraisal and assessment.
(E) Theory and practice of group addiction counseling.
(F) Counseling addicted family systems.
(G) Multicultural counseling.
(H) Research methods in addictions.
(I) Areas of content as approved by the board.
(2) At least one (1) graduate level course of two (2) semester
hours or three (3) quarter hours Graduate course work in the
following areas:
(A) Legal, ethical, and professional standards issues in the
practice of addiction counseling and therapy or an equivalent
course approved by the board.
(B) Appraisal and assessment for individual or interpersonal
disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship, or
field experience in an addiction counseling setting that requires
the applicant to provide seven hundred (700) hours of clinical
addiction counseling services and that must include the following:
(A) Two hundred eighty (280) face to face client contact hours
of addiction counseling services under the supervision of a
qualified supervisor, as determined by the board.
(B) Thirty-five (35) hours of supervision from a qualified
supervisor, as determined by the board.
However, an applicant who has completed a clinical practicum,
an internship, or field experience to obtain another license under
this article is not required to complete the clinical addiction
counseling services hours required under this subdivision.
(4) Any qualifications established by the board under subsection
(c).
(b) The content areas under subsection (a)(1) may be combined into
any one (1) graduate level course. if the applicant can prove that the
course work was devoted to each content area.
(c) The board shall adopt rules to establish any additional
educational or clinical qualifications as specified by the Council for
Accreditation of Counseling and Related Educational Programs or a
successor organization.
SECTION 11. IC 25-23.6-10.5-9.5, AS ADDED BY P.L.225-2017,
SEA 5 — CC 1 11
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
individual to be a licensed addiction counselor or licensed clinical
addiction counselor, not more than thirty (30) days after the
application is filed and completed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 12. IC 25-34.5-2-10.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) The
committee may shall issue a temporary permit to a person to practice
respiratory care or to profess to be a respiratory care practitioner, not
more than thirty (30) days after the application is filed and
completed, if the person pays a fee and:
(1) has:
(A) a valid license or certificate to practice from another state;
and
(B) applied for a license from the committee;
(2) is practicing in a state that does not license or certify
respiratory care practitioners but is credentialed by a national
respiratory care practitioner association approved by the
committee, and the person has applied for a license from the
committee; or
(3) has:
(A) been approved by the committee to take the next
examination; and
(B) graduated from a school or program approved by the
committee.
(b) A temporary permit expires the earlier of:
(1) the date the person holding the permit is issued a license under
this article; or
(2) the date the committee disapproves the person's license
application.
(c) The committee may renew a temporary permit if the person
holding the permit was scheduled to take the next examination and:
(1) did not take the examination; and
(2) shows good cause for not taking the examination.
(d) A permit renewed under subsection (c) expires on the date the
SEA 5 — CC 1 12
person holding the permit receives the results from the next
examination given after the permit was issued.
SECTION 13. IC 25-34.5-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
committee may shall issue a license by endorsement, not more than
thirty (30) days after the application is filed and completed, to a
person who:
(1) presents satisfactory evidence to the committee that the person
holds:
(A) a license or certification to practice respiratory care in:
(i) another state; or
(ii) a jurisdiction of Canada; or
(B) credentials issued by a national respiratory care
practitioner organization approved by the committee;
(2) meets the requirements of section 8 of this chapter; and
(3) pays a fee determined by the board after consideration of a
recommendation of the committee.
(b) If the applicant presents satisfactory evidence that the applicant
has actively engaged in the practice of respiratory care that included
actual patient care:
(1) in another jurisdiction;
(2) under the supervision of a physician licensed in that
jurisdiction; and
(3) for at least ten (10) of the previous fifteen (15) years
preceding the date of application;
the committee may waive the education requirements under subsection
(a)(2) and section 8(b) of this chapter if the committee determines that
the applicant has sufficient knowledge and experience.
SECTION 14. IC 25-35.6-1-3, AS AMENDED BY P.L.216-2021,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) Licensure shall be granted either in
speech-language pathology or audiology independently. A person may
be licensed in both areas if the person meets the respective
qualifications.
(b) Except as provided in sections 5.5 and 6.5 of this chapter and
IC 25-35.6-5, no person shall practice or represent himself or herself
as a speech-language pathologist or audiologist in this state unless the
person is licensed in accordance with the provisions of this article.
SECTION 15. IC 25-35.6-1-4, AS AMENDED BY P.L.216-2021,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. Nothing in this article shall be construed as
preventing or restricting the following:
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(1) A physician or surgeon from engaging in the practice of
medicine in this state, or a person under the supervision and
control of a physician or surgeon from conducting hearing testing,
provided such a person is not called an audiologist.
(2) Any hearing aid dealer from:
(A) engaging in the testing of hearing and other practices and
procedures necessary for the business for which the dealer is
registered in this state under IC 25-20-1; and
(B) using the title hearing aid specialist or any similar title or
description of service.
(3) Any person licensed or registered in this state by any other law
from engaging in the profession or occupation for which the
person is licensed or registered.
(4) A person employed as a speech-language pathologist or
audiologist by the government of the United States, if such person
performs speech-language pathology or audiology services solely
within the confines or under the jurisdiction of the governmental
organization by which the person is employed. However, such
person may, without obtaining a license under this article, consult
with or disseminate the person's research findings and other
scientific information to speech-language pathologists and
audiologists outside the jurisdiction of the organization by which
the person is employed. Such person may also offer instruction
and lectures to the public without being licensed under this
article. Such person may additionally elect to be subject to this
article.
(5) The activities and services of persons pursuing a course of
study leading to a degree in speech-language pathology or
audiology at a postsecondary educational institution, if:
(A) such activities and services constitute a part of a
supervised course of study;
(B) such person is designated speech-language pathology or
audiology intern, speech-language pathology or audiology
trainee, or by other such titles clearly indicating the training
status appropriate to the person's level of training; and
(C) the person works only under the supervision of a
speech-language pathologist or audiologist licensed under this
article.
(6) The activities and services of persons fulfilling the clinical
experience requirement of section 5(2)(B)(ii) or 6(3)(B) of this
chapter, if such activities and services constitute a part of the
experience required for that section's fulfillment.
SEA 5 — CC 1 14
(7) The performance of pure tone air conduction testing by an
industrial audiometric technician, as defined by federal law, who
is working in an industrial hearing conservation program directed
by a physician or an audiologist.
(8) The performance of speech-language pathology or audiology
services in this state by any person not a resident of this state who
is not licensed under this article, if such services are performed:
(A) under IC 25-35.6-5; or
(B) for no more than five (5) days in any calendar year and in
cooperation with a speech-language pathologist or audiologist
licensed under this article, and if such person meets the
qualifications and requirements for application for licensure
described in sections section 5(1) and 5(2) or 6(1) and 6(2) of
this chapter.
However, a person not a resident of this state who is not licensed
under this article or practicing under IC 25-35.6-5, but who is
licensed under the law of another state which has established
licensure requirements at least equivalent to those established by
section 5 or 6 of this chapter or who is the holder of a certificate
of clinical competence in speech-language pathology or audiology
or its equivalent issued by a nationally recognized association for
speech-language or hearing, may offer speech-language pathology
or audiology services in this state for no more than one hundred
eighty (180) days in any calendar year, if such services are
performed in cooperation with a speech-language pathologist or
audiologist licensed under this article.
SECTION 16. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
speech-language pathology in Indiana under a license to practice
speech-language pathology issued by a state that has entered into a
reciprocity agreement with the board under which an individual
licensed to practice speech-language pathology in Indiana is authorized
to practice speech-language pathology in the other state under the
individual's Indiana speech-language pathology license.
(b) Before January 1, 2023, the board shall initiate and make
every effort to enter into a reciprocity agreement with another
state that:
(1) is contiguous to Indiana; and
(2) is not a member of an interstate compact with Indiana
concerning speech-language pathology;
that would allow an individual licensed to practice speech-language
SEA 5 — CC 1 15
pathology in Indiana or the other state to practice in the other state
under the individual's speech-language pathology license.
SECTION 17. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
in Indiana under a license to practice audiology issued by a state that
has entered into a reciprocity agreement with the board under which an
individual licensed to practice audiology in Indiana is authorized to
practice audiology in the other state under the individual's Indiana
audiology license.
(b) Before January 1, 2023, the board shall initiate and make
every effort to enter into a reciprocity agreement with another
state that:
(1) is contiguous to Indiana; and
(2) is not a member of an interstate compact with Indiana
concerning audiology;
that would allow an individual licensed to practice audiology in
Indiana or the other state to practice in the other state under the
individual's audiology license.
SECTION 18. IC 25-35.6-2-2, AS AMENDED BY P.L.212-2005,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) The board:
(1) shall administer, coordinate, and enforce this article;
(2) shall evaluate the qualifications and supervise the
examinations of applicants for licensure under this article;
(3) may issue subpoenas, examine witnesses, and administer
oaths; and
(4) shall, at its discretion, investigate allegations of practices
violating this article, subject to IC 25-1-7.
(b) The board shall adopt rules under IC 4-22-2 relating to
professional conduct commensurate with the policy of this article,
including rules that establish standards for the competent practice of
speech-language pathology and audiology. Following their adoption,
Except as provided in IC 25-35.6-5-14, the rules govern and control
the professional conduct of every person who holds a license to
practice speech-language pathology or audiology in this state.
(c) The board shall conduct the hearings and keep the records and
minutes necessary for the orderly dispatch of its functions. The board
shall have notice provided to the appropriate persons in a manner it
considers appropriate of the times and places of all hearings authorized
by this subsection. Approval by a majority of a quorum of the board is
required for any action to be taken in actions for revocation or
SEA 5 — CC 1 16
suspension of a license issued under this article.
(d) The board may adopt rules under IC 4-22-2 to:
(1) administer or enforce this article;
(2) register persons in the process of fulfilling the clinical
experience required for a license under this article;
(3) establish fees in accordance with IC 25-1-8-2; and
(4) register speech-language pathology assistants, associates, and
aides and establish rules governing the duties of assistants,
associates, and aides.
(e) The conferral or enumeration of specific powers elsewhere in
this article shall not be construed as a limitation of the general
functions conferred by this section.
SECTION 19. IC 25-35.6-5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]:
Chapter 5. Audiology and Speech-Language Pathology
Interstate Compact
Sec. 1. The purpose of this compact is to facilitate interstate
practice of audiology and speech-language pathology with the goal
of improving public access to audiology and speech-language
pathology services. The practice of audiology and speech-language
pathology occurs in the state where the patient/client/student is
located at the time of the patient/client/student encounter. The
compact preserves the regulatory authority of states to protect
public health and safety through the current system of state
licensure. This compact is designed to achieve the following
objectives:
(1) Increase public access to audiology and speech-language
pathology services by providing for the mutual recognition of
other member state licenses.
(2) Enhance the states' ability to protect the public's health
and safety.
(3) Encourage the cooperation of member states in regulating
multistate audiology and speech-language pathology practice.
(4) Support spouses of relocating active duty military
personnel.
(5) Enhance the exchange of licensure, investigative, and
disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a
compact privilege in that state accountable to that state's
practice standards.
(7) Allow for the use of telehealth technology to facilitate
SEA 5 — CC 1 17
increased access to audiology and speech-language pathology
services.
Sec. 2. As used in this compact, and except as otherwise
provided, the following definitions shall apply throughout this
chapter:
(1) "Active duty military" means full-time duty status in the
active uniformed service of the United States, including
members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C.
Chapter 1211.
(2) "Adverse action" means any administrative, civil,
equitable, or criminal action permitted by a state's laws which
is imposed by a licensing board or other authority against an
audiologist or speech-language pathologist, including actions
against an individual's license or privilege to practice, such as
revocation, suspension, probation, monitoring of the licensee,
or restriction on the licensee's practice.
(3) "Alternative program" means a nondisciplinary
monitoring process approved by an audiology or
speech-language pathology licensing board to address
impaired practitioners.
(4) "Audiologist" means an individual who is licensed by a
state to practice audiology.
(5) "Audiology" means the care and services provided by a
licensed audiologist as set forth in the member state's statutes
and rules.
(6) "Audiology and speech-language pathology licensing
board", "audiology licensing board", "speech-language
pathology licensing board", or "licensing board" means the
agency of a state that is responsible for the licensing and
regulation of audiologists, speech-language pathologists, or
both.
(7) "Commission" means the Audiology and
Speech-Language Pathology Compact Commission, the
national administrative body whose membership consists of
all states that have enacted the compact, that is established
under section 8 of this chapter.
(8) "Compact privilege" means the authorization granted by
a remote state to allow a licensee from another member state
to practice as an audiologist or speech-language pathologist in
the remote state under its laws and rules. The practice of
audiology or speech-language pathology occurs in the member
SEA 5 — CC 1 18
state where the patient/client/student is located at the time of
the patient/client/student encounter.
(9) "Data system" means a repository of information about
licensees, including, but not limited to, continuing education,
examination, licensure, investigative, compact privilege, and
adverse action.
(10) "Encumbered license" means a license in which an
adverse action restricts the practice of audiology or
speech-language pathology by the licensee and said adverse
action has been reported to the National Practitioner Data
Bank (NPDB).
(11) "Executive committee" means a group of directors
elected or appointed to act on behalf of, and within the powers
granted to them by, the commission.
(12) "Home state" means the member state that is the
licensee's primary state of residence.
(13) "Impaired practitioner" means an individual whose
professional practice is adversely affected by substance abuse,
addiction, or other health related conditions.
(14) "Investigative information" means investigative
information that a licensing board, after an inquiry or
investigation that includes notification and an opportunity for
the audiologist or speech-language pathologist to respond, if
required by state law, has reason to believe is not groundless
and, if proved true, would indicate more than a minor
infraction.
(15) "Licensee" means an individual who currently holds an
authorization from the state licensing board to practice as an
audiologist or speech-language pathologist.
(16) "Member state" means a state that has enacted the
compact.
(17) "Privilege to practice" means a legal authorization
permitting the practice of audiology or speech-language
pathology in a remote state.
(18) "Remote state" means a member state other than the
home state where a licensee is exercising or seeking to exercise
the compact privilege.
(19) "Rule" means a regulation, principle, or directive
promulgated by the commission that has the force of law.
(20) "Single-state license" means an audiology or
speech-language pathology license issued by a member state
that authorizes practice only within the issuing state and does
SEA 5 — CC 1 19
not include a privilege to practice in any other member state.
(21) "Speech-language pathologist" means an individual who
is licensed by a state to practice speech-language pathology.
(22) "Speech-language pathology" means the care and
services provided by a licensed speech-language pathologist
as set forth in the member state's statutes and rules.
(23) "State" means any state, commonwealth, district, or
territory of the United States of America that regulates the
practice of audiology and speech-language pathology.
(24) "State practice laws" means a member state's laws, rules,
and regulations that govern the practice of audiology or
speech-language pathology, define the scope of audiology or
speech-language pathology practice, and create the methods
and grounds for imposing discipline.
(25) "Telehealth" means the application of telecommunication
technology to deliver audiology or speech-language pathology
services at a distance for any of the following:
(A) Assessment.
(B) Intervention.
(C) Consultation.
Sec. 3. (a) A license issued to an audiologist or speech-language
pathologist by a home state to a resident in that state shall be
recognized by each member state as authorizing an audiologist or
speech-language pathologist to practice audiology or
speech-language pathology, under a privilege to practice, in each
member state.
(b) A state must implement or utilize procedures for considering
the criminal history records of applicants for initial privilege to
practice. These procedures shall include the submission of
fingerprints or other biometric based information by applicants for
the purpose of obtaining an applicant's criminal history record
information from the Federal Bureau of Investigation and the
agency responsible for retaining that state's criminal records. The
following apply to the criminal history records:
(1) A member state must fully implement a criminal
background check requirement, within a time frame
established by rule, by receiving the results of the Federal
Bureau of Investigation record search on criminal
background checks and use the results in making licensure
decisions.
(2) Communication between a member state, the commission,
and among member states regarding the verification of
SEA 5 — CC 1 20
eligibility for licensure through the compact shall not include
any information received from the Federal Bureau of
Investigation relating to a federal criminal records check
performed by a member state under federal Public Law
92-544.
(c) Upon application for a privilege to practice, the licensing
board in the issuing remote state shall ascertain, through the data
system, whether the applicant has ever held, or is the holder of, a
license issued by any other state, whether there are any
encumbrances on any license or privilege to practice held by the
applicant, and whether any adverse action has been taken against
any license or privilege to practice held by the applicant.
(d) Each member state shall require an applicant to obtain or
retain a license in the home state and meet the home state's
qualifications for licensure or renewal of licensure, as well as all
other applicable state laws.
(e) An audiologist must meet the following requirements:
(1) Must meet one (1) of the following educational
requirements:
(A) On or before December 31, 2007, has graduated with
a master's degree or doctorate in audiology or equivalent
degree regardless of degree name, from a program that is
accredited by an accrediting agency recognized by the
Council for Higher Education Accreditation, or its
successor, or by the United States Department of
Education and operated by a college or university
accredited by a regional or national accrediting
organization recognized by the board.
(B) On or after January 1, 2008, has graduated with a
doctoral degree in audiology or equivalent degree,
regardless of degree name, from a program that is
accredited by an accrediting agency recognized by the
Council for Higher Education Accreditation or its
successor, or by the United States Department of
Education and operated by a college or university
accredited by a regional or national accrediting
organization recognized by the board.
(C) Has graduated from an audiology program that is
housed in an institution of higher education outside of the
United States:
(i) for which the program and institution have been
approved by the authorized accrediting body in the
SEA 5 — CC 1 21
applicable country; and
(ii) the degree program of which has been verified by an
independent credentials review agency to be comparable
to a state licensing board approved program.
(2) Has completed a supervised clinical practicum experience
from an accredited educational institution or its cooperating
programs as required by the commission.
(3) Has successfully passed a national examination approved
by the commission.
(4) Holds an active, unencumbered license.
(5) Has not been convicted or found guilty, and has not
entered into an agreed disposition, of a felony related to the
practice of audiology, under applicable state or federal
criminal law.
(6) Has a valid United States Social Security or National
Practitioner Identification number.
(f) A speech-language pathologist must meet the following
requirements:
(1) Must meet one (1) of the following educational
requirements:
(A) Has graduated with a master's degree from a
speech-language pathology program that is accredited by
an organization recognized by the United States
Department of Education and operated by a college or
university accredited by a regional or national accrediting
organization recognized by the board.
(B) Has graduated from a speech-language pathology
program that is housed in an institution of higher
education outside of the United States:
(i) for which the program and institution have been
approved by the authorized accrediting body in the
applicable country; and
(ii) the degree program of which has been verified by an
independent credentials review agency to be comparable
to a state licensing board approved program.
(2) Has completed a supervised clinical practicum experience
from an educational institution or its cooperating programs
as required by the commission.
(3) Has completed a supervised postgraduate professional
experience as required by the commission.
(4) Has successfully passed a national examination approved
by the commission.
SEA 5 — CC 1 22
(5) Holds an active, unencumbered license.
(6) Has not been convicted or found guilty, and has not
entered into an agreed disposition, of a felony related to the
practice of speech-language pathology, under applicable state
or federal criminal law.
(7) Has a valid United States Social Security or National
Practitioner Identification number.
(g) The privilege to practice is derived from the home state
license.
(h) An audiologist or speech-language pathologist practicing in
a member state must comply with the state practice laws of the
state in which the client is located at the time service is provided.
The practice of audiology and speech-language pathology shall
include all audiology and speech-language pathology practice as
defined by the state practice laws of the member state in which the
client is located. The practice of audiology and speech-language
pathology in a member state under a privilege to practice shall
subject an audiologist or speech-language pathologist to the
jurisdiction of the licensing board, the courts, and the laws of the
member state in which the client is located at the time service is
provided.
(i) Individuals not residing in a member state shall continue to
be able to apply for a member state's single-state license as
provided under the laws of each member state. However, the
single-state license granted to these individuals shall not be
recognized as granting the privilege to practice audiology or
speech-language pathology in any other member state. Nothing in
this compact shall affect the requirements established by a member
state for the issuance of a single-state license.
(j) Member states may charge a fee for granting a compact
privilege.
(k) Member states must comply with the bylaws and rules and
regulations of the commission.
Sec. 4. (a) To exercise the compact privilege under the terms and
provisions of the compact, the audiologist or speech-language
pathologist shall do the following:
(1) Hold an active license in the home state.
(2) Have no encumbrance on any state license.
(3) Be eligible for a compact privilege in any member state in
accordance with section 3 of this chapter.
(4) Have not had any adverse action against any license or
compact privilege within the previous two (2) years from date
SEA 5 — CC 1 23
of application.
(5) Notify the commission that the licensee is seeking the
compact privilege within one (1) or more remote states.
(6) Pay any applicable fees, including any state fee, for the
compact privilege.
(7) Report to the commission adverse action taken by any
nonmember state within thirty (30) days from the date the
adverse action is taken.
(b) For the purposes of the compact privilege, an audiologist or
speech-language pathologist shall only hold one (1) home state
license at a time.
(c) Except as provided in section 6 of this chapter, if an
audiologist or speech-language pathologist changes primary state
of residence by moving between two (2) member states, the
audiologist or speech-language pathologist must apply for licensure
in the new home state, and the license issued by the prior home
state shall be deactivated in accordance with applicable rules
adopted by the commission.
(d) The audiologist or speech-language pathologist may apply
for licensure in advance of a change in primary state of residence.
(e) A license shall not be issued by the new home state until the
audiologist or speech-language pathologist provides satisfactory
evidence of a change in primary state of residence to the new home
state and satisfies all applicable requirements to obtain a license
from the new home state.
(f) If an audiologist or speech-language pathologist changes
primary state of residence by moving from a member state to a
nonmember state, the license issued by the prior home state shall
convert to a single state license, valid only in the former home
state.
(g) The compact privilege is valid until the expiration date of the
home state license. The licensee must comply with the
requirements of subsection (a) to maintain the compact privilege
in the remote state.
(h) A licensee providing audiology or speech-language pathology
services in a remote state under the compact privilege shall
function within the laws and regulations of the remote state.
(i) A licensee providing audiology or speech-language pathology
services in a remote state is subject to that state's regulatory
authority. A remote state may, in accordance with due process and
that state's laws, take any of the following actions:
(1) Remove a licensee's compact privilege in the remote state
SEA 5 — CC 1 24
for a specific period of time.
(2) Impose fines.
(3) Take any other necessary actions to protect the health and
safety of its citizens.
(j) If a home state license is encumbered, the licensee shall lose
the compact privilege in any remote state until the following occur:
(1) The home state license is no longer encumbered.
(2) Two (2) years have elapsed from the date of the adverse
action.
(k) Once an encumbered license in the home state is restored to
good standing, the licensee must meet the requirements of
subsection (a) to obtain a compact privilege in any remote state.
(l) Once the requirements of subsection (j) are met, the licensee
must meet the requirements in subsection (a) to obtain a compact
privilege in a remote state.
Sec. 5. (a) Member states shall recognize the right of an
audiologist or speech-language pathologist, licensed by a home
state in accordance with section 3 of this chapter and under rules
promulgated by the commission, to practice audiology or
speech-language pathology in any member state via telehealth
under a privilege to practice as provided in the compact and rules
promulgated by the commission.
(b) A licensee providing audiology or speech-language pathology
services in a remote state under the compact shall function within
the laws and regulations of the remote state.
Sec. 6. Active duty military personnel, or their spouse, shall
designate a home state where the individual has a current license
in good standing. The individual may retain the home state
designation during the period the service member is on active duty.
Subsequent to designating a home state, the individual shall only
change their home state through application for licensure in the
new state.
Sec. 7. (a) In addition to the other powers conferred by state
law, a remote state shall have the authority, in accordance with
existing state due process law, to do the following:
(1) Take adverse action against an audiologist's or
speech-language pathologist's privilege to practice within that
member state.
(2) Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses as well as
the production of evidence. Subpoenas issued by a licensing
board in a member state for the attendance and testimony of
SEA 5 — CC 1 25
witnesses or the production of evidence from another member
state shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and
procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing authority shall pay
any witness fees, travel expenses, mileage, and other fees
required by the service statutes of the state in which the
witnesses or evidence are located.
Only the home state shall have the power to take adverse action
against an audiologist's or speech-language pathologist's license
issued by the home state.
(b) For purposes of taking adverse action, the home state shall
give the same priority and effect to reported conduct received from
a member state as it would if the conduct had occurred within the
home state. In so doing, the home state shall apply its own state
laws to determine appropriate action.
(c) The home state shall complete any pending investigations of
an audiologist or speech-language pathologist who changes
primary state of residence during the course of the investigations.
The home state shall also have the authority to take any
appropriate actions and shall promptly report the conclusions of
the investigations to the administrator of the data system. The
administrator of the coordinated licensure information system
shall promptly notify the new home state of any adverse actions.
(d) If otherwise permitted by state law, a member state may
recover from the affected audiologist or speech-language
pathologist the costs of investigations and disposition of cases
resulting from any adverse action taken against that audiologist or
speech-language pathologist.
(e) A member state may take adverse action based on the factual
findings of the remote state, provided that the member state
follows the member state's own procedures for taking the adverse
action.
(f) The following apply to joint investigations:
(1) In addition to the authority granted to a member state by
its respective audiology or speech-language pathology
practice act or other applicable state law, any member state
may participate with other member states in joint
investigations of licensees.
(2) Member states shall share any investigative, litigation, or
compliance materials in furtherance of any joint or individual
investigation initiated under the compact.
SEA 5 — CC 1 26
(g) If adverse action is taken by the home state against an
audiologist's or speech-language pathologist's license, the
audiologist's or speech-language pathologist's privilege to practice
in all other member states shall be deactivated until all
encumbrances have been removed from the state license. All home
state disciplinary orders that impose adverse action against an
audiologist's or speech-language pathologist's license shall include
a statement that the audiologist's or speech-language pathologist's
privilege to practice is deactivated in all member states during the
pendency of the order.
(h) If a member state takes adverse action, it shall promptly
notify the administrator of the data system. The administrator of
the data system shall promptly notify the home state of any adverse
actions by remote states.
(i) Nothing in this compact shall override a member state's
decision that participation in an alternative program may be used
in lieu of adverse action.
Sec. 8. (a) The compact member states hereby create and
establish a joint public agency known as the Audiology and
Speech-Language Pathology Compact Commission. The following
apply to the commission:
(1) The commission is an instrumentality of the compact
states.
(2) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the
commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver
of sovereign immunity.
(b) The following apply to the membership, voting, and meetings
of the commission:
(1) Each member state shall have two (2) delegates selected by
that member state's licensing board. The delegates shall be
current members of the licensing board. One (1) shall be an
audiologist and one (1) shall be a speech-language pathologist.
(2) An additional five (5) delegates, who are either a public
member or board administrator from a state licensing board,
shall be chosen by the executive committee from a pool of
nominees provided by the commission at large.
(3) Any delegate may be removed or suspended from office as
SEA 5 — CC 1 27
provided by the law of the state from which the delegate is
appointed.
(4) The member state board shall fill any vacancy occurring
on the commission, within ninety (90) days.
(5) Each delegate shall be entitled to one (1) vote with regard
to the promulgation of rules and creation of bylaws and shall
otherwise have an opportunity to participate in the business
and affairs of the commission.
(6) A delegate shall vote in person or by other means as
provided in the bylaws. The bylaws may provide for
delegates' participation in meetings by telephone or other
means of communication.
(7) The commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth
in the bylaws.
(c) The commission shall have the following powers and duties:
(1) Establish the fiscal year of the commission.
(2) Establish bylaws.
(3) Establish a code of ethics.
(4) Maintain its financial records in accordance with the
bylaws.
(5) Meet and take actions as are consistent with the provisions
of this compact and the bylaws.
(6) Promulgate uniform rules to facilitate and coordinate
implementation and administration of this compact. The rules
shall have the force and effect of law and shall be binding in
all member states.
(7) Bring and prosecute legal proceedings or actions in the
name of the commission, provided that the standing of any
state audiology or speech-language pathology licensing board
to sue or be sued under applicable law shall not be affected.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a member state.
(10) Hire employees, elect or appoint officers, fix
compensation, define duties, grant individuals appropriate
authority to carry out the purposes of the compact, and
establish the commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel,
and other related personnel matters.
(11) Accept any and all appropriate donations and grants of
money, equipment, supplies, materials, and services, and
SEA 5 — CC 1 28
receive, utilize, and dispose of the same, provided that at all
times the commission shall avoid any appearance of
impropriety, conflict of interest, or both.
(12) Lease, purchase, accept appropriate gifts or donations of,
or otherwise own, hold, improve, or use any property, real,
personal, or mixed, provided that at all times the commission
shall avoid any appearance of impropriety.
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed.
(14) Establish a budget and make expenditures.
(15) Borrow money.
(16) Appoint committees, including standing committees
composed of members, and other interested persons as may be
designated in this compact and the bylaws.
(17) Provide and receive information from, and cooperate
with, law enforcement agencies.
(18) Establish and elect an executive committee.
(19) Perform other functions as may be necessary or
appropriate to achieve the purposes of this compact consistent
with the state regulation of audiology and speech-language
pathology licensure and practice.
(d) The commission does not have authority to change or modify
the laws of the member states that define the practice of audiology
and speech-language pathology in the respective member states.
(e) The executive committee shall have the power to act on
behalf of the commission according to the terms of this compact.
The executive committee shall be composed of ten (10) members as
follows:
(1) Seven (7) voting members who are elected by the
commission from the current membership of the commission.
(2) Two (2) ex-officios, consisting of one (1) nonvoting
member from a recognized national audiology professional
association and one (1) nonvoting member from a recognized
national speech-language pathology association.
(3) One (1) ex-officio, nonvoting member from the recognized
membership organization of the audiology and
speech-language pathology licensing boards.
(f) The ex-officio members of the executive committee shall be
selected by their respective organizations.
(g) The commission may remove any member of the executive
committee as provided in bylaws.
(h) The executive committee shall meet at least annually.
SEA 5 — CC 1 29
(i) The executive committee shall have the following duties and
responsibilities:
(1) Recommend to the entire commission changes to the rules
or bylaws, changes to this compact legislation, fees paid by
compact member states such as annual dues, and any
commission compact fee charged to licensees for the compact
privilege.
(2) Ensure compact administration services are appropriately
provided, contractual or otherwise.
(3) Prepare and recommend the budget.
(4) Maintain financial records on behalf of the commission.
(5) Monitor compact compliance of member states and
provide compliance reports to the commission.
(6) Establish additional committees as necessary.
(7) Other duties as provided in rules or bylaws.
(j) All meetings of the commission shall be open to the public,
and public notice of meetings shall be given in the same manner as
required under the rulemaking provisions in section 10 of this
chapter.
(k) The commission, the executive committee, or other
committees of the commission may convene in a closed, nonpublic
meeting if the commission or executive committee or other
committees of the commission must discuss:
(1) noncompliance of a member state with its obligations
under the compact;
(2) the employment, compensation, discipline, or other
matters, practices, or procedures related to specific employees
or other matters related to the commission's internal
personnel practices and procedures;
(3) current, threatened, or reasonably anticipated litigation;
(4) negotiation of contracts for the purchase, lease, or sale of
goods, services, or real estate;
(5) accusing any person of a crime or formally censuring any
person;
(6) disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
(7) disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(8) disclosure of investigative records compiled for law
enforcement purposes;
(9) disclosure of information related to any investigative
SEA 5 — CC 1 30
reports prepared by or on behalf of or for use of the
commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant
to the compact; or
(10) matters specifically exempted from disclosure by federal
or member state statute.
If a meeting, or portion of a meeting, is closed pursuant to this
provision, the commission's legal counsel or designee shall certify
that the meeting may be closed and shall reference each relevant
exempting provision.
(l) The commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in
minutes. All minutes and documents of meetings other than closed
meetings shall be made available to members of the public upon
request and at the requesting person's expense. All minutes and
documents of a closed meeting shall remain under seal, subject to
release by a majority vote of the commission or order of a court of
competent jurisdiction.
(m) The following apply concerning the financing of the
commission:
(1) The commission shall pay, or provide for the payment of,
the reasonable expenses of its establishment, organization,
and ongoing activities.
(2) The commission may accept any and all appropriate
revenue sources, donations, and grants of money, equipment,
supplies, materials, and services.
(3) The commission may levy on and collect an annual
assessment from each member state or impose fees on other
parties to cover the cost of the operations and activities of the
commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved each year for
which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the commission, which
shall promulgate a rule binding upon all member states.
(n) The commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the same, nor shall the
commission pledge the credit of any of the member states, except
by and with the authority of the member state.
SEA 5 — CC 1 31
(o) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the
commission shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and
disbursements of funds handled by the commission shall be audited
yearly by a certified or licensed public accountant, and the report
of the audit shall be included in and become part of the annual
report of the commission.
(p) Concerning issues of qualified immunity, defense, and
indemnification the following apply:
(1) The members, officers, executive director, employees, and
representatives of the commission shall be immune from suit
and liability, either personally or in their official capacity, for
any claim for damage to or loss of property or personal injury
or other civil liability caused by or arising out of any actual or
alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis
for believing occurred, within the scope of commission
employment, duties, or responsibilities, provided that nothing
in this subdivision shall be construed to protect any person
from suit, liability, or both, for any damage, loss, injury, or
liability caused by the intentional or willful or wanton
misconduct of that person.
(2) The commission shall defend any member, officer,
executive director, employee, or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties,
or responsibilities, or that the person against whom the claim
is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or
responsibilities, provided that nothing herein shall be
construed to prohibit that person from retaining his or her
own counsel, and provided further that the actual or alleged
act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any
member, officer, executive director, employee, or
representative of the commission for the amount of any
settlement or judgment obtained against that person arising
out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties,
SEA 5 — CC 1 32
or responsibilities, or that the person had a reasonable basis
for believing occurred within the scope of commission
employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from
the intentional or willful or wanton misconduct of that person.
Sec. 9. (a) The commission shall provide for the development,
maintenance, and utilization of a coordinated data base and
reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member
states.
(b) Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the
data system on all individuals to whom this compact is applicable
as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative
program participation;
(5) any denial of application for licensure, and the reason or
reasons for denial; and
(6) other information that may facilitate the administration of
this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any
member state shall only be available to other member states.
(d) The commission shall promptly notify all member states of
any adverse action taken against a licensee or an individual
applying for a license. Adverse action information pertaining to a
licensee in any member state shall be available to any other
member state.
(e) Member states contributing information to the data system
may designate information that may not be shared with the public
without the express permission of the contributing state.
(f) Any information submitted to the data system that is
subsequently required to be expunged by the laws of the member
state contributing the information shall be removed from the data
system.
Sec. 10. (a) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this section and the rules
adopted thereunder. Rules and amendments shall become binding
as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states rejects
SEA 5 — CC 1 33
a rule, by enactment of a statute or resolution in the same manner
used to adopt the compact, within four (4) years of the date of
adoption of the rule, the rule shall have no further force and effect
in any member state.
(c) Rules or amendments to the rules shall be adopted at a
regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules
by the commission, and at least thirty (30) days in advance of the
meeting at which the rule shall be considered and voted upon, the
commission shall file a notice of proposed rulemaking:
(1) on the Internet web site of the commission or other
publicly accessible platform; and
(2) on the Internet web site of each member state audiology or
speech-language pathology licensing board or other publicly
accessible platform or the publication in which each state
would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) the proposed time, date, and location of the meeting in
which the rule shall be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason
for the proposed rule;
(3) a request for comments on the proposed rule from any
interested person; and
(4) the manner in which interested persons may submit notice
to the commission of their intention to attend the public
hearing and any written comments.
(f) Prior to the adoption of a proposed rule, the commission
shall allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
(1) at least twenty-five (25) persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least twenty-five (25) members.
(h) If a hearing is held on the proposed rule or amendment, the
commission shall publish the place, time, and date of the scheduled
public hearing. If the hearing is held via electronic means, the
commission shall publish the mechanism for access to the
electronic hearing. The following requirements apply to the
hearing:
(1) All persons wishing to be heard at the hearing shall notify
SEA 5 — CC 1 34
the executive director of the commission or other designated
member in writing of their desire to appear and testify at the
hearing not less than five (5) business days before the
scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording
shall be made available to any person upon request and at the
requesting person's expense.
(4) Nothing in this section shall be construed as requiring a
separate hearing on each rule. Rules may be grouped for the
convenience of the commission at hearings required by this
section.
(i) Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not held,
the commission shall consider all written and oral comments
received.
(j) If no written notice of intent to attend the public hearing by
interested parties is received, the commission may proceed with
promulgation of the proposed rule without a public hearing.
(k) The commission shall, by majority vote of all members, take
final action on the proposed rule and shall determine the effective
date of the rule, if any, based on the rulemaking record and the full
text of the rule.
(l) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without
prior notice, opportunity for comment, or hearing, provided that
the usual rulemaking procedures provided in the compact and in
this section shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than ninety (90) days after
the effective date of the rule. For the purposes of this subsection, an
emergency rule is one that must be adopted immediately in order
to:
(1) meet an imminent threat to public health, safety, or
welfare;
(2) prevent a loss of commission or member state funds; or
(3) meet a deadline for the promulgation of an administrative
rule that is established by federal law or rule.
(m) The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors, errors
SEA 5 — CC 1 35
in format, errors in consistency, or grammatical errors. Public
notice of any revisions shall be posted on the Internet web site of
the commission. The revision shall be subject to challenge by any
person for a period of thirty (30) days after posting. The revision
may be challenged only on grounds that the revision results in a
material change to a rule. A challenge shall be made in writing and
delivered to the chair of the commission prior to the end of the
notice period. If no challenge is made, the revision shall take effect
without further action. If the revision is challenged, the revision
may not take effect without the approval of the commission.
Sec. 11. (a) Upon request by a member state, the commission
shall attempt to resolve disputes related to the compact that arise
among member states and between member and nonmember
states.
(b) The commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes, as
appropriate.
(c) The commission, in the reasonable exercise of its discretion,
shall enforce the provisions and rules of this compact.
(d) By majority vote, the commission may initiate legal action
in the United States District Court for the District of Columbia or
the federal district where the commission has its principal offices
against a member state in default to enforce compliance with the
provisions of the compact and its promulgated rules and bylaws.
The relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of litigation, including
reasonable attorney's fees.
(e) The remedies herein shall not be the exclusive remedies of
the commission. The commission may pursue any other remedies
available under federal or state law.
Sec. 12. (a) The compact shall come into effect on the date on
which the compact statute is enacted into law in the tenth member
state. The provisions, which become effective at that time, shall be
limited to the powers granted to the commission relating to
assembly and the promulgation of rules. Thereafter, the
commission shall meet and exercise rulemaking powers necessary
to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the
commission's initial adoption of the rules shall be subject to the
rules as they exist on the date on which the compact becomes law
in that state. Any rule that has been previously adopted by the
SEA 5 — CC 1 36
commission shall have the full force and effect of law on the day the
compact becomes law in that state.
(c) Any member state may withdraw from this compact by
enacting a statute repealing the same. The following apply to the
withdrawal of a member state:
(1) A member state's withdrawal shall not take effect until six
(6) months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of
the withdrawing state's audiology or speech-language
pathology licensing board to comply with the investigative
and adverse action reporting requirements of this act prior to
the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to
invalidate or prevent any audiology or speech-language pathology
licensure agreement or other cooperative arrangement between a
member state and a nonmember state that does not conflict with
the provisions of this compact.
(e) This compact may be amended by the member states. No
amendment to this compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
Sec. 13. This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of any
member state or of the United States or the applicability thereof to
any government, agency, person, or circumstance is held invalid,
the validity of the remainder of this compact and the applicability
thereof to any government, agency, person, or circumstance shall
not be affected thereby. If this compact shall be held contrary to
the constitution of any member state, the compact shall remain in
full force and effect as to the remaining member states and in full
force and effect as to the member state affected as to all severable
matters.
Sec. 14. (a) Nothing herein prevents the enforcement of any
other law of a member state that is not inconsistent with the
compact.
(b) All laws in a member state in conflict with the compact are
superseded to the extent of the conflict.
(c) All lawful actions of the commission, including all rules and
bylaws promulgated by the commission, are binding upon the
member states.
SEA 5 — CC 1 37
(d) All agreements between the commission and the member
states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the
constitutional limits imposed on the legislature of any member
state, the provision shall be ineffective to the extent of the conflict
with the constitutional provision in question in that member state.
SECTION 20. IC 34-30-2-101.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 101.7. IC 25-35.6-5-8 (Concerning
members, officers, executive director, employees, and
representatives of the audiology and speech-language pathology
compact commission).
SECTION 21. An emergency is declared for this act.
SEA 5 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: 	Time: 
SEA 5 — CC 1