PRINTER'S NO. 31
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.80
Session of
2025
INTRODUCED BY VENKAT, MARCELL, HOWARD, SANCHEZ, BOROWSKI,
PIELLI, HILL-EVANS, HANBIDGE, HADDOCK, SCHLOSSBERG, FRANKEL,
HOHENSTEIN, FREEMAN, HARKINS, SHUSTERMAN, CEPEDA-FREYTIZ,
KENYATTA, SAPPEY, PROBST, DONAHUE AND OTTEN, JANUARY 10, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 10, 2025
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Audiology and Speech-Language Pathology Interstate Compact;
and providing for the form of the compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Audiology and
Speech-Language Pathology Interstate Compact Act.
Section 2. Authority to execute compact.
The Governor, on behalf of the Commonwealth, is hereby
authorized to execute a compact in substantially the following
form with any one or more of the states of the United States,
and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate
practice of audiology and speech-language pathology with the
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17 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. This 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 purposes and
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; and
7. Allow for the use of telehealth technology to
facilitate increased access to audiology and speech-language
pathology services.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided,
the following definitions shall apply:
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30 A. "Active Duty Military" means: full-time duty status in
the active uniformed service of the United States, including
members of the National Guard and Reserve on active duty orders
pursuant to 10 U.S.C. Chapters 1209 (relating to active duty)
and 1211 (relating to national guard members in federal
service).
B. "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.
C. "Alternative Program" means: a non-disciplinary
monitoring process approved by an audiology or speech-language
pathology licensing board to address impaired practitioners.
D. "Audiologist" means: an individual who is licensed by a
state to practice audiology.
E. "Audiology" means: the care and services provided by a
licensed audiologist as set forth in the member state's statutes
and rules.
F. "Audiology and Speech-Language Pathology Compact
Commission" or "Commission" means: the national administrative
body whose membership consists of all states that have enacted
the Compact.
G. "Audiology and Speech-Language Pathology Licensing
Board," "Audiology Licensing Board," "Speech-Language Pathology
Licensing Board," or "Licensing Board" means: the agency of a
state that is responsible for the licensing and regulation of
audiologists and/or speech-language pathologists.
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30 H. "Compact Privilege" means: the authorization granted by
a remote state to allow a licensee from another member state to
practice as an audiologist or speech-language pathologist in the
remote state under its laws and rules. The practice of audiology
or speech-language pathology occurs in the member state where
the patient/client/student is located at the time of the
patient/client/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, but not limited to, continuing education,
examination, licensure, investigative, compact privilege and
adverse action.
K. "Encumbered License" means: a license in which an
adverse action restricts the practice of audiology or speech-
language pathology by the licensee and said adverse action has
been reported to the National Practitioner Data Bank (NPDB).
L. "Executive Committee" means: a group of directors
elected or appointed to act on behalf of, and within the powers
granted to them by, the Commission.
M. "Home State" means: the member state that is the
licensee's primary state of residence.
N. "Impaired Practitioner" means: individuals whose
professional practice is adversely affected by substance abuse,
addiction, or other health-related conditions.
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30 O. "Licensee" means: an individual who currently holds an
authorization from the state licensing board to practice as an
audiologist or speech-language pathologist.
P. "Member State" means: a state that has enacted the
Compact.
Q. "Privilege to Practice" means: a legal authorization
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.
U. "Speech-Language Pathologist" means: an individual who
is licensed by a state to practice speech-language pathology.
V. "Speech-Language Pathology" means: the care and services
provided by a licensed speech-language pathologist as set forth
in the member state's statutes and rules.
W. "State" means: any state, commonwealth, district or
territory of the United States of America that regulates the
practice of audiology and speech-language pathology.
X. "State Practice Laws" means: 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.
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30 Y. "Telehealth" means: the application of telecommunication
technology to deliver audiology or speech-language pathology
services at a distance for assessment, intervention and/or
consultation.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. A license issued to an audiologist or speech-language
pathologist by a home state to a resident in that state shall be
recognized by each member state as authorizing an audiologist or
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:
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; 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 the Federal Bureau of
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30 Investigation appropriation of Title II of Public Law 92-544,
86 Stat. 1115.
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, 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. For an audiologist:
1. Must meet one 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; or
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
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30 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; or
c. Has graduated from an audiology program that is
housed in an institution of higher education outside of
the United States (a) for which the program and
institution have been approved by the authorized
accrediting body in the applicable country and (b) the
degree program 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; and
6. Has a valid United States Social Security or National
Practitioner Identification number.
F. For a speech-language pathologist:
1. Must meet one of the following educational
requirements:
a. Has graduated with a master's degree from a
speech-language pathology program that is accredited by
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30 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; or
b. Has graduated from a speech-language pathology
program that is housed in an institution of higher
education outside of the United States:
(a) for which the program and institution
have been approved by the authorized accrediting
body in the applicable country; and
(b) the degree program 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;
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.
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30 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.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and
provisions of the Compact, the audiologist or speech-language
pathologist shall:
1. Hold an active license in the home state;
2. Have no encumbrance on any state license;
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30 3. Be eligible for a compact privilege in any member
state in accordance with Section 3;
4. Have not had any adverse action against any license
or compact privilege within the previous two years from date
of application;
5. Notify the Commission that the licensee is seeking
the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee, for
the compact privilege;
7. Report to the Commission adverse action taken by any
non-member state within 30 days from the date the adverse
action is taken.
B. For the purposes of the compact privilege, an audiologist
or speech-language pathologist shall only hold one home state
license at a time.
C. Except as provided in Section 6, if an audiologist or
speech-language pathologist changes primary state of residence
by moving between two-member states, the audiologist or speech-
language pathologist must apply for licensure in the new home
state, and the license issued by the prior home state shall be
deactivated in accordance with applicable rules adopted by the
Commission.
D. The audiologist or speech-language pathologist may apply
for licensure in advance of a change in primary state of
residence.
E. A license 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.
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30 F. If an audiologist or speech-language pathologist changes
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.
G. The compact privilege is valid until the expiration date
of the home state license. The licensee must comply with the
requirements of Section 4A 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, remove a licensee's compact
privilege in the remote state for a specific period of time,
impose fines, and/or take any other necessary actions to protect
the health and safety of its citizens.
J. If a home state license is encumbered, the licensee shall
lose the compact privilege in any remote state until the
following occur:
1. The home state license is no longer encumbered; and
2. 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 must meet the requirements of
Section 4A to obtain a compact privilege in any remote state.
L. Once the requirements of Section 4J have been met, the
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30 licensee must meet the requirements in Section 4A to obtain a
compact privilege in a remote state.
SECTION 5. 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 3 and under rules promulgated by the
Commission, to practice audiology or speech-language pathology
in any member state via telehealth under a privilege to practice
as provided in the Compact and rules promulgated by the
Commission.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
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.
SECTION 7. ADVERSE ACTIONS
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
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30 another member state shall be enforced in the latter state by
any court of competent jurisdiction, according to the
practice and procedure of that court applicable to subpoenas
issued in proceedings pending before it. The issuing
authority shall pay any witness fees, travel expenses,
mileage and other fees required by the service statutes of
the state in which the witnesses or evidence are located.
3. Only the home state shall have the power to take
adverse action against a 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 appropriate action(s) 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, 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
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30 factual findings of the remote state, provided that the member
state follows the member state's own procedures for taking the
adverse action.
F. 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.
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
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30 used in lieu of adverse action.
SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY COMPACT COMMISSION
A. The Compact member states hereby create and establish a
joint public agency known as the Audiology and Speech-Language
Pathology Compact 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. Membership, Voting and Meetings
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 shall be an audiologist and one 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 provided by the law of the state from which the delegate
is appointed.
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30 4. The member state board shall fill any vacancy
occurring on the Commission, within 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;
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30 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 to
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 to
receive, utilize and dispose of the same; provided that at
all times the Commission shall avoid any appearance of
impropriety and/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
the Commission shall avoid any appearance of impropriety;
13. Sell convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal,
or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees
composed of members, and other interested persons as may be
designated in this Compact and the bylaws;
17. Provide and receive information from, and cooperate
with, law enforcement agencies;
18. Establish and elect an Executive Committee; and
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30 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
The Executive Committee shall have the power to act on behalf
of the Commission according to the terms of this Compact:
1. The Executive Committee shall be composed of ten (10)
members:
a. Seven (7) voting members who are elected by the
Commission from the current membership of the Commission;
b. Two (2) ex-officios, consisting of one nonvoting
member from a recognized national audiology professional
association and one nonvoting member from a recognized
national speech-language pathology association; and
c. One (1) ex-officio, nonvoting member from the
recognized membership organization of the audiology and
speech-language pathology licensing boards.
E. The ex-officio members shall be selected by their
respective organizations.
1. The Commission may remove any member of the Executive
Committee as provided in bylaws.
2. The Executive Committee shall meet at least annually.
3. The Executive Committee shall have the following
duties and responsibilities:
a. 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;
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30 b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of member states and
provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
4. Meetings of the Commission
All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as
required under the rulemaking provisions in Section 10.
5. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, non-
public meeting if the Commission or Executive Committee or
other committees of the Commission must discuss:
a. Non-compliance of a member state with its
obligations under the Compact;
b. 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;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase, lease,
or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
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30 financial information that is privileged or confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly unwarranted
invasion of personal privacy;
h. Disclosure of investigative records compiled for
law enforcement purposes;
i. 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
j. Matters specifically exempted from disclosure by
federal or member state statute.
6. 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.
7. The Commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views
expressed. All documents considered in connection with an
action shall be identified in minutes. All minutes and
documents of a closed meeting shall remain under seal,
subject to release by a majority vote of the Commission or
order of a court of competent jurisdiction.
8. Financing of the Commission
a. The Commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
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30 b. The Commission may accept any and all appropriate
revenue sources, donations, and grants of money,
equipment, supplies, materials, and services.
c. 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.
9. 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.
10. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Commission
shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in
and become part of the annual report of the Commission.
F. Qualified Immunity, Defense, and Indemnification
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
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30 capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error or omission that
occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the
scope of Commission employment, duties or responsibilities;
provided that nothing in this paragraph shall be construed to
protect any person from suit and/or liability for any damage,
loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer,
executive director, employee or representative of the
Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment,
duties, or responsibilities, or that the person against whom
the claim is made had a reasonable basis for believing
occurred within the scope of Commission employment, duties,
or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining his or her
own counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any
member, officer, executive director, employee, or
representative of the Commission for the amount of any
settlement or judgment obtained against that person arising
out of any actual or alleged act, error or omission that
occurred within the scope of Commission employment, duties,
or responsibilities, or that person had a reasonable basis
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employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from
the intentional or willful or wanton misconduct of that
person.
SECTION 9. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, and utilization of a coordinated database and
reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member
states.
B. Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the
data system on all individuals to whom this Compact is
applicable as required by the rules of the Commission,
including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact
privilege;
4. Non-confidential information related to alternative
program participation;
5. Any denial of application for licensure, and the
reason(s) 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
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30 any adverse action taken against a licensee or an individual
applying for a license. Adverse action information pertaining to
a licensee in any member state shall be available to any other
member state.
E. Member states contributing information to the data system
may designate information that may not be shared with the public
without the express permission of the contributing state.
F. Any information submitted to the data system that is
subsequently required to be expunged by the laws of the member
state contributing the information shall be removed from the
data system.
SECTION 10. RULEMAKING
A. The Commission shall exercise its rulemaking powers
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 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 website of the Commission or other publicly
accessible platform; and
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30 2. On the website of each member state audiology or
speech-language pathology licensing board or other publicly
accessible platform or the publication in which each state
would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting
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 federal or state or 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.
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30 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 (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 on request.
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
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30 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
provision, an emergency rule is one that must be adopted
immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or member state funds;
or
3. Meet a deadline for the promulgation of an
administrative rule that is established by federal law or
rule.
M. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of
the Commission. The revision shall be subject to challenge by
any person for a period of 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.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Dispute Resolution
1. Upon request by a member state, the Commission shall
attempt to resolve disputes related to the Compact that arise
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30 among member states and between member and non-member states.
2. The Commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
B. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the District
of Columbia or the federal district where the Commission has
its principal offices against a member state in default to
enforce compliance with the provisions of the Compact and its
promulgated rules and bylaws. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall be
awarded all costs of litigation, including reasonable
attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any
other remedies available under federal or state law.
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE
AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the 10th member
state. The provisions, which become effective at that time,
shall be limited to the powers granted to the Commission
relating to assembly and the promulgation of rules. Thereafter,
the Commission shall meet and exercise rulemaking powers
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30 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.
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 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 and binding
upon any member state until it is enacted into the laws of all
member states.
SECTION 13. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be
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30 severable and if any phrase, clause, sentence or provision of
this Compact is declared to be contrary to the constitution of
any member state or of the United States or the applicability
thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this Compact and
the applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this Compact
shall be held contrary to the constitution of any member state,
the Compact shall remain in full force and effect as to the
remaining member states and in full force and effect as to the
member state affected as to all severable matters.
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein prevents the enforcement of any other law
of a member state that is not inconsistent with the Compact.
B. All laws in a member state in conflict with the Compact
are superseded to the extent of the conflict.
C. All lawful actions of the Commission, including all rules
and bylaws promulgated by the Commission, are binding 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 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 3. Operation.
(a) General rule.--When the Governor executes the Audiology
and Speech-Language Pathology Interstate Compact on behalf of
this State and files a verified copy with the Secretary of the
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30 Commonwealth and when the compact is ratified by one or more
other states, districts or territories of the United States , the
compact shall become operative and effective between this State
and the other states, districts or territories of the United
States. The Governor is authorized and directed to take action
as may be necessary to complete the exchange of official
documents between this State and any other state, district or
territory of the United States ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit a notice to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin when the conditions specified in
subsection (a) are satisfied and shall include in the notice the
date on which the compact became effective and operative between
this State and any other states, districts or territories of the
United States in accordance with this act.
Section 4. Effective date.
This act shall take effect in 60 days.
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