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HOUSE BILL 79
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Elizabeth "Liz" Thomson
AN ACT
RELATING TO INTERGOVERNMENTAL AGREEMENTS; ENACTING THE
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Audiology and Speech-Language Pathology
Interstate Compact".
SECTION 2. [NEW MATERIAL] PURPOSE.--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 or student is located at
the time of the patient, client or student encounter. The
compact preserves the regulatory authority of states to protect
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public health and safety through the current system of state
licensure. This compact is designed to achieve the following
objectives:
A. increase public access to audiology and speech-
language pathology services by providing for the mutual
recognition of other member state licenses;
B. enhance the states' ability to protect the
public's health and safety;
C. encourage the cooperation of member states in
regulating multistate audiology and speech-language pathology
practice;
D. support spouses of relocating active duty
military personnel;
E. enhance the exchange of licensure, investigative
and disciplinary information among member states;
F. allow a remote state to hold a provider of
services with a compact privilege in that state accountable to
that state's practice standards; and
G. allow for the use of telehealth technology to
facilitate increased access to audiology and speech-language
pathology services.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the
Audiology and Speech-Language Pathology Interstate Compact and
except as otherwise provided:
A. "active duty military" means full-time duty
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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. Sections 1209 and 1211;
B. "adverse action" means any administrative,
civil, equitable or criminal action permitted by a state's laws
that is imposed by a licensing board or other authority against
an audiologist or speech-language pathologist, including
actions against an individual's license or privilege to
practice, such as revocation, suspension, probation, monitoring
of the licensee or restriction on the licensee's practice;
C. "alternative program" means a non-disciplinary
monitoring process approved by an audiology and speech-language
pathology licensing board to address impaired practitioners;
D. "audiologist" means an individual who is
licensed by a state to practice audiology;
E. "audiology" means the care and services provided
by a licensed audiologist as set forth in the state's statutes
and rules;
F. "audiology and speech-language pathology compact
commission" or "commission" means the national administrative
body whose membership consists of all member states;
G. "audiology and speech-language pathology
licensing board", "speech-language pathology licensing board"
or "licensing board" means the agency of a state that is
responsible for the licensing and regulation of audiologists or
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speech-language pathologists;
H. "compact privilege" means the authorization
granted by a remote state to allow a licensee from another
member state to practice as an audiologist or speech-language
pathologist in the remote state under the remote state's laws
and rules. The practice of audiology or speech-language
pathology occurs in the member state where the patient, client
or student is located at the time of the patient, client or
student encounter;
I. "current significant investigative information"
means investigative information that a licensing board, after
an inquiry or investigation that includes notification and an
opportunity for the audiologist or speech-language pathologist
to respond, if required by state law, has reason to believe is
not groundless and, if proved true, would indicate more than a
minor infraction;
J. "data system" means a repository of information
about licensees, including continuing education, examination,
licensure, investigative information, compact privilege and
adverse action;
K. "encumbered license" means a license in which an
adverse action restricts the practice of audiology and speech-
language pathology by the licensee, and the adverse action has
been reported to the national practitioner data bank;
L. "executive committee" means a group of directors
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elected or appointed to act on behalf of, and within the powers
granted to them by, the commission;
M. "home state" means the member state that is the
licensee's primary state of residence;
N. "impaired practitioner" means an individual
whose professional practice is adversely affected by substance
abuse, addiction or other health-related conditions;
O. "licensee" means an individual who currently
holds an authorization from a state licensing board to practice
as an audiologist or speech-language pathologist;
P. "member state" means a state that has enacted
the compact;
Q. "privilege to practice" means a legal
authorization permitting the practice of audiology or speech-
language pathology in a remote state;
R. "remote state" means a member state other than
the home state where a licensee is exercising or seeking to
exercise the compact privilege;
S. "rule" means a regulation, principle or
directive promulgated by the commission that has the force of
law;
T. "single-state license" means an audiology or
speech-language pathology license issued by a member state that
authorizes practice only within the issuing state and does not
include a privilege to practice in any other member state;
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U. "speech-language pathologist" means an
individual who is licensed by a state to practice speech-
language pathology;
V. "speech-language pathology" means the care and
services provided by a licensed speech-language pathologist as
set forth in the member state's statutes and rules;
W. "state" means any state, commonwealth, district
or territory of the United States that regulates the practice
of audiology and speech-language pathology;
X. "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; and
Y. "telehealth" means the application of
telecommunication technology to deliver audiology or speech-
language pathology services at a distance for assessment,
intervention or consultation.
SECTION 4. [NEW MATERIAL] STATE PARTICIPATION IN THE
COMPACT.--
A. A license issued to an audiologist or speech-
language pathologist by a home state to a resident in that
state shall be recognized by each member state as authorizing
an audiologist or speech-language pathologist to practice
audiology or speech-language pathology, under a privilege to
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practice, in each member state.
B. A state shall 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 and shall meet the
following requirements:
(1) a member state shall 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 decision; and
(2) communication between a member state, the
commission and among member states regarding the verification
of 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 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
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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
and all other applicable state laws.
E. An audiologist seeking privilege to practice
shall:
(1) meet one of the following educational
requirements:
(a) on or before December 31, 2007, have
graduated with a master's degree or doctorate in audiology, or
equivalent degree regardless of degree name from a program that
is accredited by an accrediting agency recognized by the
council for higher education accreditation, or its successor,
or by the United States department of education and operated by
a college or university accredited by a regional or national
accrediting organization recognized by the licensing board;
(b) on or after January 1, 2008, have
graduated with a doctoral degree in audiology, or equivalent
degree, regardless of degree name, from a program that is
accredited by an accrediting agency recognized by the council
for higher education accreditation, or its successor, or by the
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United States department of education and operated by a college
or university accredited by a regional or national accrediting
organization recognized by the licensing board; or
(c) have graduated from an audiology
program that is housed in an institution of higher education
outside the United States for which: 1) the program and
institution have been approved by the authorized accrediting
body in the applicable country; and 2) the degree program has
been verified by an independent credentials review agency to be
comparable to a state licensing board-approved program;
(2) have completed a supervised clinical
practicum experience from an accredited educational institution
or its cooperating programs as required by the licensing board;
(3) have successfully passed a national
examination approved by the commission;
(4) hold an active, unencumbered license;
(5) have not been convicted or found guilty,
and have not entered into an agreed disposition, of a felony
related to the practice of audiology, under applicable state or
federal criminal law; and
(6) have a valid United States social security
number or national practitioner identification number.
F. A speech-language pathologist seeking privilege
to practice shall:
(1) meet one of the following educational
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requirements:
(a) have graduated with a master's
degree from a speech-language pathology program that is
accredited by an organization recognized by the United States
department of education and operated by a college or university
accredited by a regional or national accrediting organization
recognized by the licensing board; or
(b) have graduated from a speech-
language pathology program that is housed in an institution of
higher education outside of the United States for which: 1)
the program and institution have been approved by the
authorized accrediting body in the applicable country; and 2)
the degree program has been verified by an independent
credentials review agency to be comparable to a state licensing
board-approved program;
(2) have completed a supervised clinical
practicum experience from an educational institution or its
cooperating programs as required by the commission;
(3) have completed a supervised post-graduate
professional experience as required by the commission;
(4) have successfully passed a national
examination approved by the commission;
(5) hold an active, unencumbered license;
(6) have not been convicted or found guilty,
and have not entered into an agreed disposition, of a felony
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related to the practice of speech-language pathology under
applicable state or federal criminal law; and
(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
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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 of the commission.
SECTION 5. [NEW MATERIAL] COMPACT PRIVILEGE.--
A. To exercise the compact privilege under the
terms and provisions of the compact, an audiologist or speech-
language pathologist shall:
(1) hold an active license in the home state;
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any
member state in accordance with Section 4 of the Audiology and
Speech-Language Pathology Interstate Compact;
(4) have not had any adverse action against
any license or compact privilege within the previous two years
from date of application;
(5) notify the commission that the licensee is
seeking the compact privilege within a remote state;
(6) pay any applicable fees, including any
state fee, for the compact privilege; and
(7) report to the commission adverse action
taken by any non-member state within thirty days from the date
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the adverse action is taken.
B. For the purposes of the compact privilege, an
audiologist or speech-language pathologist shall only hold one
home state license at a time.
C. Except as provided in Section 7 of the Audiology
and Speech-Language Pathology Interstate Compact, if an
audiologist or speech-language pathologist changes primary
state of residence by moving to another member state, the
audiologist or speech-language pathologist shall 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. An 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 a 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 a primary state of residence by moving from a member
state to a non-member state, the license issued by the prior
home state shall convert to a single-state license, valid only
in the former home state.
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G. A compact privilege is valid until the
expiration date of the home state license. A licensee must
comply with the requirements of Subsection A of this section to
maintain a compact privilege in a remote state.
H. A licensee providing audiology or speech-
language pathology services in a remote state under a 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, remove a
licensee's compact privilege in the remote state for a specific
period of time, impose fines or take any other necessary
actions to protect the health and safety of the remote state's
residents.
J. If a home state license is encumbered, the
licensee shall lose the compact privilege in any remote state
until the following occur:
(1) the home state license is no longer
encumbered; and
(2) two 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 shall meet the
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requirements of Subsection A of this section to obtain a
compact privilege in any remote state.
L. Once the requirements of Subsection J of this
section have been met, the licensee must meet the requirements
in Subsection A of this section to obtain a compact privilege
in a remote state.
SECTION 6. [NEW MATERIAL] COMPACT PRIVILEGE TO PRACTICE
TELEHEALTH.--Member states shall recognize the right of an
audiologist or speech-language pathologist licensed by a home
state in accordance with Section 4 of the Audiology and Speech-
Language Pathology Interstate Compact 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.
SECTION 7. [NEW MATERIAL] ACTIVE DUTY MILITARY PERSONNEL
OR THEIR SPOUSES.--Active duty military personnel, or the
active duty military personnel's 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 the home state through application for licensure in
the new state.
SECTION 8. [NEW MATERIAL] ADVERSE ACTIONS.--
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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:
(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 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 the court. 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; and
(3) only the home state shall have the power
to take adverse action against an audiologist's or a speech-
language pathologist's license issued by the home state.
B. For purposes of taking adverse action, the home
state shall give the same priority and effect to reported
conduct received from a member state as it would if the conduct
had occurred within the home state. In so doing, the home
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state shall apply its own state laws to determine appropriate
action.
C. The home state shall complete any pending
investigations of an audiologist or speech-language pathologist
who changes primary state of residence during the course of the
investigations. The home state shall also have the authority
to take appropriate action and shall promptly report the
conclusions of the investigations to the administrator of the
data system. The administrator of the data system shall
promptly notify the new home state of any adverse actions.
D. If otherwise permitted by state law, the member
state may recover from the affected audiologist or speech-
language pathologist the costs of investigations and
disposition of cases resulting from any adverse action taken
against that audiologist or speech-language pathologist.
E. The member state may take adverse action based
on the factual findings of the remote state, provided that the
member state follows the member state's own procedures for
taking the adverse action.
F. 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. Member states shall share any
investigative, litigation or compliance materials in
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furtherance of any joint or individual investigation initiated
under the compact.
G. If adverse action is taken by the home state
against an audiologist's or speech language pathologist's
license, the audiologist's or speech-language pathologist's
privilege to practice in all other member states shall be
deactivated until all encumbrances have been removed from the
state license. All home state disciplinary orders that impose
adverse action against an audiologist's or speech language
pathologist's license shall include a statement that the
audiologist's or speech-language pathologist's privilege to
practice is deactivated in all member states during the
pendency of the order.
H. If a member state takes adverse action, 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.
SECTION 9. [NEW MATERIAL] AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY COMPACT COMMISSION--CREATED.--
A. The compact member states hereby create and
establish a joint public agency known as "the audiology and
speech-language pathology compact commission", subject to the
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following provisions:
(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 that
it adopts or consents to participate in alternative dispute
resolution proceedings; and
(3) nothing in this compact shall be construed
to be a waiver of sovereign immunity.
B. Membership, voting and meetings of the
commission shall proceed as follows:
(1) each member state shall have two delegates
on the commission selected by that member state's licensing
board. The delegates shall be current members of the licensing
board. One delegate shall be an audiologist and one delegate
shall be a speech-language pathologist;
(2) an additional five delegates, who are
either public members or board administrators from a state
licensing board, shall be chosen at large by the executive
committee from a pool of nominees provided by the commission;
(3) any delegate may be removed or suspended
from the commission as provided by the law of the state from
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which the delegate is appointed;
(4) the member state's licensing board shall
fill any vacancy of the member state's delegates that occurs on
the commission, within ninety days;
(5) each delegate shall be entitled to one
vote with regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to participate
in the business and affairs of the commission;
(6) a delegate shall vote in person or by
other means as provided in the bylaws. The bylaws may provide
for delegates' participation in meetings by telephone or other
means of communication; and
(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:
(1) establish the fiscal year of the
commission;
(2) establish bylaws;
(3) establish a code of ethics;
(4) maintain 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
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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 and 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 employees of a member state;
(10) hire employees, elect or appoint
officers, fix compensation, define duties and grant individuals
appropriate authority to carry out the purposes of the compact
and establish the commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel
and other related personnel matters;
(11) accept any and all appropriate donations
and grants of money, equipment, supplies, materials and
services and receive, utilize and dispose of the same; provided
that at all times the commission shall avoid any appearance of
impropriety or conflict of interest;
(12) lease, purchase, accept appropriate gifts
or donations of, or otherwise to own, hold, improve or use, any
property, real, personal or mixed; provided that at all times
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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 in the bylaws;
(17) provide and receive information from, and
cooperate with, law enforcement agencies;
(18) establish and elect an executive
committee; and
(19) perform other functions as may be
necessary or appropriate to achieve the purposes of this
compact consistent with the state regulation of audiology and
speech-language pathology licensure and practice.
D. The executive committee shall have the power to
act on behalf of the commission according to the terms of this
compact and shall be composed of ten members as follows:
(1) seven voting members who are elected by
the commission from the current membership of the commission;
(2) two non-voting ex-officio members, one a
member from a recognized national audiology professional
association and one a member from a recognized national speech-
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language pathology association; and
(3) one non-voting ex-officio member from the
recognized membership organization of the audiology and speech-
language pathology licensing boards.
E. The ex-officio members of the executive
committee shall be selected by their respective organizations.
F. The commission may remove any member of the
executive committee as provided in the bylaws.
G. The executive committee shall meet at least
annually.
H. The executive committee shall have the following
duties and responsibilities to:
(1) recommend to the 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 that compact administration
services are appropriately provided, contractual or otherwise;
(3) prepare and recommend a 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; and
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(7) carry out other duties as provided in the
rules or bylaws.
I. 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 12 of the Audiology and Speech-Language Pathology
Interstate Compact.
J. The commission or 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) accusations made of any person of a crime
or formal censuring of any person;
(6) disclosure of trade secrets or commercial
or financial information that is privileged or confidential;
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(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 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.
K. If a meeting of the commission, executive
committee or other committee of the commission, or portion of a
meeting, is closed pursuant to Subsection J of this section,
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 therefor, including a description of the views
expressed. All documents considered in connection with an
action shall be identified in the minutes. All minutes and
documents of a closed meeting shall remain under seal, subject
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to release by a majority vote of the commission or order of a
court of competent jurisdiction.
M. The commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization and ongoing activities. The commission may accept
any and all appropriate revenue sources, donations and grants
of money, equipment, supplies, materials and services. 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
obligations; nor shall the commission pledge the credit of any
of the member states, except by and with the authority of the
member state.
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
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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.
SECTION 10. [NEW MATERIAL] QUALIFIED IMMUNITY, DEFENSE
AND INDEMNIFICATION.--
A. 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 subsection shall be construed to protect
any person from suit or liability for any damage, loss, injury
or liability caused by the intentional or willful or wanton
misconduct of that person.
B. 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
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is made had a reasonable basis for believing occurred within
the scope of commission employment, duties or responsibilities;
provided that nothing in this subsection shall be construed to
prohibit that person from retaining that person's own counsel;
and further provided that the actual or alleged act, error or
omission did not result from that person's intentional or
willful or wanton misconduct.
C. The commission shall indemnify and hold harmless
any member, officer, executive director, employee or
representative of the commission for the amount of any
settlement or judgment obtained against that person arising out
of any actual or alleged act, error or omission that occurred
within the scope of commission employment, duties or
responsibilities, or that 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.
SECTION 11. [NEW MATERIAL] DATA SYSTEM.--
A. The commission shall provide for the
development, maintenance and utilization of a coordinated
database and reporting system containing licensure, adverse
action and investigative information on all licensed
individuals in member states.
B. Notwithstanding any other provision of state law
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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) non-confidential information relating to
alternative program participation;
(5) any denial of application for licensure,
and the reason for denial; and
(6) other information that may facilitate the
administration of this compact, as determined by the rules of
the commission.
C. Investigative information pertaining to a
licensee in any member state 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
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with the public without the express permission of the
contributing state.
F. Any information submitted to the data system
that is subsequently required to be expunged by the laws of the
member state contributing the information shall be removed from
the data system.
SECTION 12. [NEW MATERIAL] RULEMAKING.--
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 a rule, by enactment of a statute or resolution
in the same manner used to adopt the compact within four 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 by the commission, and at least thirty 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 website of the commission or other
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publicly accessible platform; and
(2) on the website of each member state's
audiology and 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 persons;
(2) a state or federal governmental
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subdivision or agency; or
(3) an association having at least twenty-five
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 and the
procedure for hearings shall be conducted according to the
following provisions:
(1) all persons wishing to be heard at the
hearing shall notify the executive director of the commission
or other designated member in writing of their desire to appear
and testify at the hearing not less than five business days
before the scheduled date of the hearing;
(2) hearings shall be conducted in a manner
that provides each person who wishes to comment a fair and
reasonable opportunity to comment orally or in writing;
(3) all hearings shall be recorded and a copy
of the recording shall be made available on request; and
(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
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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 and an 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, but in no event later
than ninety days after the effective date of the rule. For the
purposes of this provision, an emergency rule is one that must
be adopted immediately in order to:
(1) meet an imminent threat to public health,
safety or welfare;
(2) prevent a loss of commission or member
state funds; or
(3) meet a deadline for the promulgation of an
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administrative rule that is established by federal law or rule.
M. The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency or grammatical errors.
Public notice of any revisions shall be posted on the website
of the commission. The revision shall be subject to challenge
by any person for a period of thirty days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall be
made in writing and delivered to the chair of the commission
prior to the end of the notice period. If no challenge is
made, the revision shall take effect without further action. If
the revision is challenged, the revision may not take effect
without the approval of the commission.
SECTION 13. [NEW MATERIAL] OVERSIGHT, DISPUTE RESOLUTION
AND ENFORCEMENT.--
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 non-member
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
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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 fees.
E. The remedies provided in this section shall not
be the exclusive remedies of the commission. The commission
may pursue any other remedies available under federal or state
law.
SECTION 14. [NEW MATERIAL] DATE OF IMPLEMENTATION OF THE
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT AND
ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT.--
A. The compact shall come into effect on the date
on which the compact statute is enacted into law in the 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
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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 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; provided that:
(1) a member state's withdrawal shall not take
effect until six months after enactment of the repealing
statute; and
(2) withdrawal shall not affect the continuing
requirement of the withdrawing state's audiology and speech-
language pathology licensing board to comply with the
investigative and adverse action reporting requirements of this
compact prior to the effective date of withdrawal.
D. Nothing contained in this compact shall be
construed to invalidate or prevent any audiology and speech-
language pathology licensure agreement or other cooperative
arrangement between a member state and a non-member 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
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and binding upon any member state until it is enacted into the
laws of all member states.
SECTION 15. [NEW MATERIAL] CONSTRUCTION AND
SEVERABILITY.--This compact shall be liberally construed so as
to effectuate the purposes of the compact. 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 is held contrary to the
constitution of any member state, the compact shall remain in
full force and effect as to the remaining member states and in
full force and effect as to the member state affected as to all
severable matters.
SECTION 16. [NEW MATERIAL] BINDING EFFECT OF COMPACT AND
OTHER LAWS.--
A. Nothing in this compact 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
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all rules and bylaws promulgated by the commission, are binding
upon the member states.
D. All agreements between the commission and the
member states are binding in accordance with their terms.
E. In the event that 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 17. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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