Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0564 Compare Versions

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

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5	5	2023 -- S 0564
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7	7	LC000939
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO BUSINESSES AND PROFESSIONS -- AUDIOLOGY AND SPEECH -
16	16	LANGUAGE PATHOLOGY I NTERSTATE COMPACT
17	17	Introduced By: Senators Gallo, Pearson, Lombardo, DiPalma, Ciccone, and Gu
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Health & Human Services
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" 1
24	24	is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 48.2 3
26	26	AUDIOLOGY AND SPEECH -LANGUAGE PATHOLOGY INTERSTATE COMPACT 4
27	27	5-48.2-1. Purpose. 5
28	28	(a) The purpose of this chapter is to establish participation in a compact to facilitate 6
29	29	interstate practice of audiology and speech language pathology with the goal of improving public 7
30	30	access to audiology and speech-language pathology services. The practice of audiology and speech-8
31	31	language pathology occurs in the state where the patient/client/student is located at the time of the 9
32	32	patient/client/student encounter. The compact preserves the regulatory authority of states to protect 10
33	33	public health and safety through the current system of state licensure. 11
34	34	(b) This chapter and compact are designed to achieve the following objectives: 12
35	35	(1) Increase public access to audiology and speech-language pathology services by 13
36	36	providing for the mutual recognition of other member state licenses; 14
37	37	(2) Enhance the states' ability to protect the public's health and safety; 15
38	38	(3) Encourage the cooperation of member states in regulating multistate audiology and 16
39	39	speech-language pathology practice; 17
40	40	(4) Support spouses of relocating active duty military personnel; 18
41	41
42	42
43	43	LC000939 - Page 2 of 20
44	44	(5) Enhance the exchange of licensure, investigative and disciplinary information between 1
45	45	member states; 2
46	46	(6) Allow a remote state to hold a provider of services with a compact privilege in that state 3
47	47	accountable to that state's practice standards; and 4
48	48	(7) Allow for the use of telehealth technology to facilitate increased access to audiology 5
49	49	and speech-language pathology services. 6
50	50	5-48.2-2. Definitions. 7
51	51	As used in this chapter, and except as otherwise provided, the following definitions shall 8
52	52	apply: 9
53	53	(1) "Active duty military" means full-time duty status in the active uniformed service of 10
54	54	the United States, including members of the National Guard and Reserve on active duty orders 11
55	55	pursuant to 10 U.S.C. Chapters 1209 and 1211. 12
56	56	(2) "Adverse action" means any administrative, civil, equitable or criminal action permitted 13
57	57	by a state's laws which is imposed by a licensing board or other authority against an audiologist or 14
58	58	speech-language pathologist, including actions against an individual's license or privilege to 15
59	59	practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the 16
60	60	licensee's practice. 17
61	61	(3) "Alternative program" means a non-disciplinary monitoring process approved by an 18
62	62	audiology or speech-language pathology licensing board to address impaired practitioners. 19
63	63	(4) "Audiologist" means an individual who is licensed by a state to practice audiology. 20
64	64	(5) "Audiology" means the care and services provided by a licensed audiologist as set forth 21
65	65	in the member state's statutes and rules. 22
66	66	(6) "Audiology and speech-language pathology compact commission" or "commission" 23
67	67	means the national administrative body whose membership consists of all states that have enacted 24
68	68	the compact. 25
69	69	(7) "Audiology and speech-language pathology licensing board," "audiology licensing 26
70	70	board," "speech-language pathology licensing board," or "licensing board" means the agency of a 27
71	71	state that is responsible for the licensing and regulation of audiologists and/or speech-language 28
72	72	pathologists. 29
73	73	(8) "Compact privilege" means the authorization granted by a remote state to allow a 30
74	74	licensee from another member state to practice as an audiologist or speech-language pathologist in 31
75	75	the remote state under its laws and rules. The practice of audiology or speech-language pathology 32
76	76	occurs in the member state where the patient/client/student is located at the time of the 33
77	77	patient/client/student encounter. 34
78	78
79	79
80	80	LC000939 - Page 3 of 20
81	81	(9) "Current significant investigative information" means investigative information that a 1
82	82	licensing board, after an inquiry or investigation that includes notification and an opportunity for 2
83	83	the audiologist or speech-language pathologist to respond, if required by state law, has reason to 3
84	84	believe is not groundless and, if proved true, would indicate more than a minor infraction. 4
85	85	(10) "Data system" means a repository of information about licensees, including, but not 5
86	86	limited to, continuing education, examination, licensure, investigative, compact privilege and 6
87	87	adverse action. 7
88	88	(11) "Encumbered license" means a license in which an adverse action restricts the practice 8
89	89	of audiology or speech-language pathology by the licensee and said adverse action has been 9
90	90	reported to the National Practitioners Data Bank (NPDB). 10
91	91	(12) "Executive committee" means a group of directors elected or appointed to act on 11
92	92	behalf of, and within the powers granted to them by, the commission. 12
93	93	(13) "Home state" means the member state that is the licensee's primary state of residence. 13
94	94	(14) "Impaired practitioner" means individuals whose professional practice is adversely 14
95	95	affected by substance abuse, addiction, or other health-related conditions. 15
96	96	(15) "Licensee" means an individual who currently holds an authorization from the state 16
97	97	licensing board to practice as an audiologist or speech-language pathologist. 17
98	98	(16) "Member state" means a state that has enacted the compact. 18
99	99	(17) "Privilege to practice" means a legal authorization permitting the practice of audiology 19
100	100	or speech-language pathology in a remote state. 20
101	101	(18) "Remote state" means a member state other than the home state where a licensee is 21
102	102	exercising or seeking to exercise the compact privilege. 22
103	103	(19) "Rule" means a regulation, principle or directive promulgated by the commission that 23
104	104	has the force of law. 24
105	105	(20) "Single-state license" means an audiology or speech-language pathology license 25
106	106	issued by a member state that authorizes practice only within the issuing state and does not include 26
107	107	a privilege to practice in any other member state. 27
108	108	(21) "Speech-language pathologist" means an individual who is licensed by a state to 28
109	109	practice speech-language pathology. 29
110	110	(22) "Speech-language pathology means the care and services provided by a licensed 30
111	111	speech-language pathologist as set forth in the member state's statutes and rules. 31
112	112	(23) "State" means any state, commonwealth, district or territory of the United States of 32
113	113	America that regulates the practice of audiology and speech-language pathology. 33
114	114	(24) "State practice laws" means a member state's laws, rules and regulations that govern 34
115	115
116	116
117	117	LC000939 - Page 4 of 20
118	118	the practice of audiology or speech-language pathology, define the scope of audiology or speech-1
119	119	language pathology practice, and create the methods and grounds for imposing discipline. 2
120	120	(25) "Telehealth" means the application of telecommunication technology to deliver 3
121	121	audiology or speech-language pathology services at a distance for assessment, intervention and/or 4
122	122	consultation. 5
123	123	5-48.2-3. State participation in compact. 6
124	124	(a) A license issued to an audiologist or speech-language pathologist by a home state to a 7
125	125	resident in that state shall be recognized by each member state as authorizing an audiologist or 8
126	126	speech-language pathologist to practice audiology or speech-language pathology, under a privilege 9
127	127	to practice, in each member state. 10
128	128	(b) A state shall implement or utilize procedures for considering the criminal history 11
129	129	records of applicants for initial privilege to practice. These procedures shall include the submission 12
130	130	of fingerprints or other biometric-based information by applicants for the purpose of obtaining an 13
131	131	applicant's criminal history record information from the Federal Bureau of Investigation and the 14
132	132	agency responsible for retaining that state's criminal records. 15
133	133	(1) A member state shall fully implement a criminal background check requirement, within 16
134	134	a time frame established by rule, by receiving the results of the Federal Bureau of Investigation 17
135	135	record search on criminal background checks and use the results in making licensure decisions. 18
136	136	(2) Communication between a member state, the commission and among member states 19
137	137	regarding the verification of eligibility for licensure through the compact shall not include any 20
138	138	information received from the Federal Bureau of Investigation relating to a federal criminal records 21
139	139	check performed by a member state under Pub. L. 92-544. 22
140	140	(c) Upon application for a privilege to practice, the licensing board in the issuing remote 23
141	141	state shall ascertain, through the data system, whether the applicant has ever held, or is the holder 24
142	142	of, a license issued by any other state, whether there are any encumbrances on any license or 25
143	143	privilege to practice held by the applicant, whether any adverse action has been taken against any 26
144	144	license or privilege to practice held by the applicant. 27
145	145	(d) Each member state shall require an applicant to obtain or retain a license in the home 28
146	146	state and meet the home state's qualifications for licensure or renewal of licensure, as well as, all 29
147	147	other applicable state laws. 30
148	148	(e) For an audiologist: 31
149	149	(1) Shall meet one of the following educational requirements: 32
150	150	(i) On or before, Dec. 31, 2007, has graduated with a master's degree or doctorate in 33
151	151	audiology, or equivalent degree regardless of degree name, from a program that is accredited by an 34
152	152
153	153
154	154	LC000939 - Page 5 of 20
155	155	accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, 1
156	156	or by the United States Department of Education and operated by a college or university accredited 2
157	157	by a regional or national accrediting organization recognized by the board; or 3
158	158	(ii) On or after, Jan. 1, 2008, has graduated with a Doctoral degree in audiology, or 4
159	159	equivalent degree, regardless of degree name, from a program that is accredited by an accrediting 5
160	160	agency recognized by the Council for Higher Education Accreditation, or its successor, or by the 6
161	161	United States Department of Education and operated by a college or university accredited by a 7
162	162	regional or national accrediting organization recognized by the board; or 8
163	163	(iii) Has graduated from an audiology program that is housed in an institution of higher 9
164	164	education outside of the United States: 10
165	165	(A) For which the program and institution have been approved by the authorized 11
166	166	accrediting body in the applicable country; and 12
167	167	(B) The degree program has been verified by an independent credentials review agency to 13
168	168	be comparable to a state licensing board-approved program. 14
169	169	(2) Has completed a supervised clinical practicum experience from an accredited 15
170	170	educational institution or its cooperating programs as required by the commission; 16
171	171	(3) Has successfully passed a national examination approved by the commission; 17
172	172	(4) Holds an active, unencumbered license; 18
173	173	(5) Has not been convicted or found guilty, and has not entered into an agreed disposition, 19
174	174	of a felony related to the practice of audiology, under applicable state or federal criminal law; and 20
175	175	(6) Has a valid United States Social Security or National Practitioner Identification number. 21
176	176	(f) For a speech-language pathologist: 22
177	177	(1) Shall meet one of the following educational requirements: 23
178	178	(i) Has graduated with a master's degree from a speech-language pathology program that 24
179	179	is accredited by an organization recognized by the United States Department of Education and 25
180	180	operated by a college or university accredited by a regional or national accrediting organization 26
181	181	recognized by the board; or 27
182	182	(ii) Has graduated from a speech-language pathology program that is housed in an 28
183	183	institution of higher education outside of the United States for which the program and institution 29
184	184	have been approved by the authorized accrediting body in the applicable country and the degree 30
185	185	program has been verified by an independent credentials review agency to be comparable to a state 31
186	186	licensing board-approved program. 32
187	187	(2) Has completed a supervised clinical practicum experience from an educational 33
188	188	institution or its cooperating programs as required by the commission; 34
189	189
190	190
191	191	LC000939 - Page 6 of 20
192	192	(3) Has completed a supervised postgraduate professional experience as required by the 1
193	193	commission; 2
194	194	(4) Has successfully passed a national examination approved by the commission; 3
195	195	(5) Holds an active, unencumbered license; 4
196	196	(6) Has not been convicted or found guilty, and has not entered into an agreed disposition, 5
197	197	of a felony related to the practice of speech-language pathology, under applicable state or federal 6
198	198	criminal law; and 7
199	199	(7) Has a valid United States Social Security Number or National Practitioner Identification 8
200	200	Number. 9
201	201	(g) The privilege to practice is derived from the home state license. 10
202	202	(h) An audiologist or speech-language pathologist practicing in a member state shall 11
203	203	comply with the state practice laws of the state in which the client is located at the time service is 12
204	204	provided. The practice of audiology and speech-language pathology shall include all audiology and 13
205	205	speech-language pathology practice as defined by the state practice laws of the member state in 14
206	206	which the client is located. The practice of audiology and speech-language pathology in a member 15
207	207	state under a privilege to practice shall subject an audiologist or speech-language pathologist to the 16
208	208	jurisdiction of the licensing board, the courts and the laws of the member state in which the client 17
209	209	is located at the time service is provided. 18
210	210	(i) Individuals not residing in a member state shall continue to be able to apply for a 19
211	211	member state's single-state license as provided under the laws of each member state; Provided, 20
212	212	however, the single-state license granted to these individuals shall not be recognized as granting 21
213	213	the privilege to practice audiology or speech-language pathology in any other member state. 22
214	214	Nothing in this compact shall affect the requirements established by a member state for the issuance 23
215	215	of a single-state license. 24
216	216	(j) Member states may charge a fee for granting a compact privilege. 25
217	217	(k) Member states shall comply with the bylaws and rules and regulations of the 26
218	218	commission. 27
219	219	5-48.2-4. Compact privileges. 28
220	220	(a) To exercise the compact privilege under the terms and provisions of this chapter, the 29
221	221	audiologist or speech-language pathologist shall: 30
222	222	(1) Hold an active license in the home state; 31
223	223	(2) Have no encumbrance on any state license; 32
224	224	(3) Be eligible for a compact privilege in any member state in accordance with §5-48.2-3; 33
225	225	(4) Have not had any adverse action against any license or compact privilege within the 34
226	226
227	227
228	228	LC000939 - Page 7 of 20
229	229	previous two (2) years from date of application; 1
230	230	(5) Notify the commission that the licensee is seeking the compact privilege within a 2
231	231	remote state(s); 3
232	232	(6) Pay any applicable fees, including any state fee, for the compact privilege; and 4
233	233	(7) Report to the commission adverse action taken by any non-member state within thirty 5
234	234	(30) days from the date the adverse action is taken. 6
235	235	(b) For the purposes of the compact privilege, an audiologist or speech-language 7
236	236	pathologist shall only hold one home state license at a time. 8
237	237	(c) Except as provided in § 5-48.2-6, if an audiologist or speech-language pathologist 9
238	238	changes primary state of residence by moving between two (2) member states, the audiologist or 10
239	239	speech-language pathologist shall apply for licensure in the new home state, and the license issued 11
240	240	by the prior home state shall be deactivated in accordance with applicable rules adopted by the 12
241	241	commission. 13
242	242	(d) The audiologist or speech-language pathologist may apply for licensure in advance of 14
243	243	a change in primary state of residence. 15
244	244	(e) A license shall not be issued by the new home state until the audiologist or speech 16
245	245	language pathologist provides satisfactory evidence of a change in primary state of residence to the 17
246	246	new home state and satisfies all applicable requirements to obtain a license from the new home 18
247	247	state. 19
248	248	(f) If an audiologist or speech-language pathologist changes primary state of residence by 20
249	249	moving from a member state to a non-member state, the license issued by the prior home state shall 21
250	250	convert to a single-state license, valid only in the former home state. 22
251	251	(g) The compact privilege is valid until the expiration date of the home state license. The 23
252	252	licensee must comply with the requirements of § 5-48.2- 4(a) to maintain the compact privilege in 24
253	253	the remote state. 25
254	254	(h) A licensee providing audiology or speech-language pathology services in a remote state 26
255	255	under the compact privilege shall function within the laws and regulations of the remote state. 27
256	256	(i) A licensee providing audiology or speech-language pathology services in a remote state 28
257	257	is subject to that state's regulatory authority. A remote state may, in accordance with due process 29
258	258	and that state's laws, remove a licensee's compact privilege in the remote state for a specific period 30
259	259	of time, impose fines, and/or take any other necessary actions to protect the health and safety of its 31
260	260	citizens. 32
261	261	(j) If a home state license is encumbered, the licensee shall lose the compact privilege in 33
262	262	any remote state until the following occur: 34
263	263
264	264
265	265	LC000939 - Page 8 of 20
266	266	(1) The home state license is no longer encumbered; and 1
267	267	(2) Two (2) years have elapsed from the date of the adverse action. 2
268	268	(k) Once an encumbered license in the home state is restored to good standing, the licensee 3
269	269	shall meet the requirements of § 5-48.2- 4(a) to obtain a compact privilege in any remote state. 4
270	270	(l) Once the requirements of §5-48.2-4(j) have been met, the licensee shall meet the 5
271	271	requirements in § 5-48.2-4(a) to obtain a compact privilege in a remote state. 6
272	272	5-48.2-5. Compact privileges to practice telehealth. 7
273	273	Member states shall recognize the right of an audiologist or speech-language pathologist, 8
274	274	licensed by a home state in accordance with § 5-48.2-3 and under rules promulgated by the 9
275	275	commission, to practice audiology or speech-language pathology in any member state via telehealth 10
276	276	under a privilege to practice as provided in the compact and rules promulgated by the commission. 11
277	277	5-48.2-6. Active duty military personnel or their spouses. 12
278	278	Active duty military personnel, or their spouse, shall designate a home state where the 13
279	279	individual has a current license in good standing. The individual may retain the home state 14
280	280	designation during the period the service member is on active duty. Subsequent to designating a 15
281	281	home state, the individual shall only change their home state through application for licensure in 16
282	282	the new state. 17
283	283	5-48.2-7. Adverse actions. 18
284	284	(a) In addition to the other powers conferred by state law, a remote state shall have the 19
285	285	authority, in accordance with existing state due process law, to: 20
286	286	(1) Take adverse action against an audiologist's or speech-language pathologist's privilege 21
287	287	to practice within that member state; 22
288	288	(2) Issue subpoenas for both hearings and investigations that require the attendance and 23
289	289	testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board 24
290	290	in a member state for the attendance and testimony of witnesses or the production of evidence from 25
291	291	another member state shall be enforced in the latter state by any court of competent jurisdiction, 26
292	292	according to the practice and procedure of that court applicable to subpoenas issued in proceedings 27
293	293	pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and 28
294	294	other fees required by the service statutes of the state in which the witnesses or evidence are located; 29
295	295	and 30
296	296	(3) Only the home state shall have the power to take adverse action against an audiologist's 31
297	297	or speech-language pathologist's license issued by the home state. 32
298	298	(b) For purposes of taking adverse action, the home state shall give the same priority and 33
299	299	effect to reported conduct received from a member state as it would if the conduct had occurred 34
300	300
301	301
302	302	LC000939 - Page 9 of 20
303	303	within the home state. In so doing, the home state shall apply its own state laws to determine 1
304	304	appropriate action. 2
305	305	(c) The home state shall complete any pending investigations of an audiologist or speech-3
306	306	language pathologist who changes primary state of residence during the course of the 4
307	307	investigations. The home state shall also have the authority to take appropriate actions and shall 5
308	308	promptly report the conclusions of the investigations to the administrator of the data system. The 6
309	309	administrator of the coordinated licensure information system shall promptly notify the new home 7
310	310	state of any adverse actions. 8
311	311	(d) If otherwise permitted by state law, the member state may recover from the affected 9
312	312	audiologist or speech-language pathologist the costs of investigations and disposition of cases 10
313	313	resulting from any adverse action taken against that audiologist or speech-language pathologist. 11
314	314	(e) The member state may take adverse action based on the factual findings of the remote 12
315	315	state; provided that, the member state follows the member state's own procedures for taking the 13
316	316	adverse action. 14
317	317	(f) Joint Investigations. 15
318	318	(1) In addition to the authority granted to a member state by its respective audiology or 16
319	319	speech-language pathology practice act or other applicable state law, any member state may 17
320	320	participate with other member states in joint investigations of licensees. 18
321	321	(2) Member states shall share any investigative, litigation, or compliance materials in 19
322	322	furtherance of any joint or individual investigation initiated under the compact. 20
323	323	(g) If adverse action is taken by the home state against an audiologist's or speech language 21
324	324	pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all 22
325	325	other member states shall be deactivated until all encumbrances have been removed from the state 23
326	326	license. All home state disciplinary orders that impose adverse action against an audiologist's or 24
327	327	speech language pathologist's license shall include a statement that the audiologist's or speech-25
328	328	language pathologist's privilege to practice is deactivated in all member states during the pendency 26
329	329	of the order. 27
330	330	(h) If a member state takes adverse action, it shall promptly notify the administrator of the 28
331	331	data system. The administrator of the data system shall promptly notify the home state of any 29
332	332	adverse actions by remote states. 30
333	333	(i) Nothing in this compact shall override a member state's decision that participation in an 31
334	334	alternative program may be used in lieu of adverse action. 32
335	335	5-48.2-8. Establishment of the audiology and speech-language pathology compact 33
336	336	commission. 34
337	337
338	338
339	339	LC000939 - Page 10 of 20
340	340	(a) The compact member states hereby create and establish a joint public agency known as 1
341	341	the audiology and speech-language pathology compact commission. 2
342	342	(1) The commission is an instrumentality of the compact states. 3
343	343	(2) Venue is proper and judicial proceedings by or against the commission shall be brought 4
344	344	solely and exclusively in a court of competent jurisdiction where the principal office of the 5
345	345	commission is located. The commission may waive venue and jurisdictional defenses to the extent 6
346	346	it adopts or consents to participate in alternative dispute resolution proceedings. 7
347	347	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity. 8
348	348	(b) Membership, voting and meetings. 9
349	349	(1) Each member state shall have two (2) delegates selected by that member state's 10
350	350	licensing board. The delegates shall be current members of the licensing board. One shall be an 11
351	351	audiologist and one shall be a speech-language pathologist. 12
352	352	(2) An additional five (5) delegates, who are either a public member or board administrator 13
353	353	from a state licensing board, shall be chosen by the executive committee from a pool of nominees 14
354	354	provided by the commission at large. 15
355	355	(3) Any delegate may be removed or suspended from office as provided by the law of the 16
356	356	state from which the delegate is appointed. 17
357	357	(4) The member state board shall fill any vacancy occurring on the commission, within 18
358	358	ninety (90) days. 19
359	359	(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and 20
360	360	creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs 21
361	361	of the commission. 22
362	362	(6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws 23
363	363	may provide for delegates' participation in meetings by telephone or other means of 24
364	364	communication. 25
365	365	(7) The commission shall meet at least once during each calendar year. Additional meetings 26
366	366	shall be held as set forth in the bylaws. 27
367	367	(c) The commission shall have the following powers and duties: 28
368	368	(1) Establish the fiscal year of the commission; 29
369	369	(2) Establish bylaws; 30
370	370	(3) Establish a code of ethics; 31
371	371	(4) Maintain its financial records in accordance with the bylaws; 32
372	372	(5) Meet and take actions as are consistent with the provisions of this compact and the 33
373	373	bylaws; 34
374	374
375	375
376	376	LC000939 - Page 11 of 20
377	377	(6) Promulgate uniform rules to facilitate and coordinate implementation and 1
378	378	administration of this compact. The rules shall have the force and effect of law and shall be binding 2
379	379	in all member states; 3
380	380	(7) Bring and prosecute legal proceedings or actions in the name of the commission; 4
381	381	provided that, the standing of any state audiology or speech-language pathology licensing board to 5
382	382	sue or be sued under applicable law shall not be affected; 6
383	383	(8) Purchase and maintain insurance and bonds; 7
384	384	(9) Borrow, accept, or contract for services of personnel, including, but not limited to, 8
385	385	employees of a member state; 9
386	386	(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant 10
387	387	individuals appropriate authority to carry out the purposes of the compact, and to establish the 11
388	388	commission's personnel policies and programs relating to conflicts of interest, qualifications of 12
389	389	personnel, and other related personnel matters; 13
390	390	(11) Accept any and all appropriate donations and grants of money, equipment, supplies, 14
391	391	materials and services, and to receive, utilize and dispose of the same; provided that, at all times 15
392	392	the commission shall avoid any appearance of impropriety and/or conflict of interest; 16
393	393	(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 17
394	394	improve or use, any property, real, personal or mixed; provided that, at all times the commission 18
395	395	shall avoid any appearance of impropriety; 19
396	396	(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any 20
397	397	property, real, personal, or mixed; 21
398	398	(14) Establish a budget and make expenditures; 22
399	399	(15) Borrow money; 23
400	400	(16) Appoint committees, including standing committees composed of members, and other 24
401	401	interested persons as may be designated in this compact and the bylaws; 25
402	402	(17) Provide and receive information from, and cooperate with, law enforcement agencies; 26
403	403	(18) Establish and elect an executive committee; and 27
404	404	(19) Perform other functions as may be necessary or appropriate to achieve the purposes 28
405	405	of this compact consistent with the state regulation of audiology and speech- language pathology 29
406	406	licensure and practice. 30
407	407	(d) The executive committee. The executive committee shall have the power to act on 31
408	408	behalf of the commission according to the terms of this compact: 32
409	409	(1) The executive committee shall be composed of ten (10) members as follows: 33
410	410	(i) Seven (7) voting members who shall be elected by the commission from the current 34
411	411
412	412
413	413	LC000939 - Page 12 of 20
414	414	membership of the commission; 1
415	415	(ii) Two (2) ex officio members, consisting of one nonvoting member from a recognized 2
416	416	national audiology professional association and one nonvoting member from a recognized national 3
417	417	speech-language pathology association; and 4
418	418	(iii) One ex officio, nonvoting member from the recognized membership organization of 5
419	419	the audiology and speech-language pathology licensing boards. 6
420	420	(e) The ex officio members shall be selected by their respective organizations. 7
421	421	(1) The commission may remove any member of the executive committee as provided in 8
422	422	bylaws. 9
423	423	(2) The executive committee shall meet at least annually. 10
424	424	(3) The executive committee shall have the following duties and responsibilities: 11
425	425	(i) Recommend to the entire commission changes to the rules or bylaws, changes to this 12
426	426	compact legislation, fees paid by compact member states such as annual dues, and any commission 13
427	427	compact fee charged to licensees for the compact privilege; 14
428	428	(ii) Ensure compact administration services are appropriately provided, contractual or 15
429	429	otherwise; 16
430	430	(iii) Prepare and recommend the budget; 17
431	431	(iv) Maintain financial records on behalf of the commission; 18
432	432	(v) Monitor compact compliance of member states and provide compliance reports to the 19
433	433	commission; 20
434	434	(vi) Establish additional committees as necessary; and 21
435	435	(vii) Other duties as provided in rules or bylaws. 22
436	436	(4) Meetings of the commission. All meetings shall be open to the public, and public notice 23
437	437	of meetings shall be given in the same manner as required under the rulemaking provisions in § 5-24
438	438	48.2-10. 25
439	439	(5) The commission or the executive committee or other committees of the commission 26
440	440	may convene in a closed, non-public meeting if the commission or executive committee or other 27
441	441	committees of the commission shall discuss: 28
442	442	(i) Non-compliance of a member state with its obligations under the compact; 29
443	443	(ii) The employment, compensation, discipline or other matters, practices or procedures 30
444	444	related to specific employees or other matters related to the commission's internal personnel 31
445	445	practices and procedures; 32
446	446	(iii) Current, threatened, or reasonably anticipated litigation; 33
447	447	(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real 34
448	448
449	449
450	450	LC000939 - Page 13 of 20
451	451	estate; 1
452	452	(v) Accusing any person of a crime or formally censuring any person; 2
453	453	(vi) Disclosure of trade secrets or commercial or financial information that is privileged or 3
454	454	confidential; 4
455	455	(vii) Disclosure of information of a personal nature where disclosure would constitute a 5
456	456	clearly unwarranted invasion of personal privacy; 6
457	457	(viii) Disclosure of investigative records compiled for law enforcement purposes; 7
458	458	(ix) Disclosure of information related to any investigative reports prepared by or on behalf 8
459	459	of or for use of the commission or other committee charged with responsibility of investigation or 9
460	460	determination of compliance issues pursuant to the compact; or 10
461	461	(x) Matters specifically exempted from disclosure by federal or member state statute. 11
462	462	(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 12
463	463	commission's legal counsel or designee shall certify that the meeting may be closed and shall 13
464	464	reference each relevant exempting provision. 14
465	465	(f) The commission shall keep minutes that fully and clearly describe all matters discussed 15
466	466	in a meeting and shall provide a full and accurate summary of actions taken, and the reasons 16
467	467	therefore, including a description of the views expressed. All documents considered in connection 17
468	468	with an action shall be identified in minutes. All minutes and documents of a closed meeting shall 18
469	469	remain under seal, subject to release by a majority vote of the commission or order of a court of 19
470	470	competent jurisdiction. 20
471	471	(g) Financing of the commission. 21
472	472	(1) The commission shall pay, or provide for the payment of, the reasonable expenses of 22
473	473	its establishment, organization, and ongoing activities. 23
474	474	(2) The commission may accept any and all appropriate revenue sources, donations, and 24
475	475	grants of money, equipment, supplies, materials, and services. 25
476	476	(3) The commission may levy on and collect an annual assessment from each member state 26
477	477	or impose fees on other parties to cover the cost of the operations and activities of the commission 27
478	478	and its staff, which must be in a total amount sufficient to cover its annual budget as approved each 28
479	479	year for which revenue is not provided by other sources. The aggregate annual assessment amount 29
480	480	shall be allocated based upon a formula to be determined by the commission, which shall 30
481	481	promulgate a rule binding upon all member states. 31
482	482	(h) The commission shall not incur obligations of any kind prior to securing the funds 32
483	483	adequate to meet the same; nor shall the commission pledge the credit of any of the member states, 33
484	484	except by and with the authority of the member state. 34
485	485
486	486
487	487	LC000939 - Page 14 of 20
488	488	(i) The commission shall keep accurate accounts of all receipts and disbursements. The 1
489	489	receipts and disbursements of the commission shall be subject to the audit and accounting 2
490	490	procedures established under its bylaws. However, all receipts and disbursements of funds handled 3
491	491	by the commission shall be audited yearly by a certified or licensed public accountant, and the 4
492	492	report of the audit shall be included in and become part of the annual report of the commission. 5
493	493	(j) Qualified immunity, defense, and indemnification. 6
494	494	(1) The members, officers, executive director, employees and representatives of the 7
495	495	commission shall be immune from suit and liability, either personally or in their official capacity, 8
496	496	for any claim for damage to or loss of property or personal injury or other civil liability caused by 9
497	497	or arising out of any actual or alleged act, error or omission that occurred, or that the person against 10
498	498	whom the claim is made had a reasonable basis for believing occurred within the scope of 11
499	499	commission employment, duties or responsibilities; provided that, nothing in this subsection shall 12
500	500	be construed to protect any person from suit and/or liability for any damage, loss, injury, or liability 13
501	501	caused by the intentional or willful or wanton misconduct of that person. 14
502	502	(2) The commission shall defend any member, officer, executive director, employee or 15
503	503	representative of the commission in any civil action seeking to impose liability arising out of any 16
504	504	actual or alleged act, error, or omission that occurred within the scope of commission employment, 17
505	505	duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis 18
506	506	for believing occurred within the scope of commission employment, duties, or responsibilities; 19
507	507	provided that, nothing herein shall be construed to prohibit that person from retaining his or her 20
508	508	own counsel; and provided further, that the actual or alleged act, error, or omission did not result 21
509	509	from that person's intentional or willful or wanton misconduct. 22
510	510	(3) The commission shall indemnify and hold harmless any member, officer, executive 23
511	511	director, employee, or representative of the commission for the amount of any settlement or 24
512	512	judgment obtained against that person arising out of any actual or alleged act, error or omission 25
513	513	that occurred within the scope of commission employment, duties, or responsibilities, or that person 26
514	514	had a reasonable basis for believing occurred within the scope of commission employment, duties, 27
515	515	or responsibilities; provided that, the actual or alleged act, error, or omission did not result from 28
516	516	the intentional or willful or wanton misconduct of that person. 29
517	517	5-48.2-9. Database and reporting system. 30
518	518	(a) The commission shall provide for the development, maintenance, and utilization of a 31
519	519	coordinated database and reporting system containing licensure, adverse action, and investigative 32
520	520	information on all licensed individuals in member states. 33
521	521	(b) Notwithstanding any other provision of state law to the contrary, a member state shall 34
522	522
523	523
524	524	LC000939 - Page 15 of 20
525	525	submit a uniform data set to the data system on all individuals to whom this compact is applicable 1
526	526	as required by the rules of the commission, including: 2
527	527	(1) Identifying information; 3
528	528	(2) Licensure data; 4
529	529	(3) Adverse actions against a license or compact privilege; 5
530	530	(4) Non-confidential information related to alternative program participation; 6
531	531	(5) Any denial of application for licensure, and the reason(s) for denial; and 7
532	532	(6) Other information that may facilitate the administration of this compact, as determined 8
533	533	by the rules of the commission. 9
534	534	(c) Investigative information pertaining to a licensee in any member state shall only be 10
535	535	available to other member states. 11
536	536	(d) The commission shall promptly notify all member states of any adverse action taken 12
537	537	against a licensee or an individual applying for a license. Adverse action information pertaining to 13
538	538	a licensee in any member state shall be available to any other member state. 14
539	539	(e) Member states contributing information to the data system may designate information 15
540	540	that may not be shared with the public without the express permission of the contributing state. 16
541	541	(f) Any information submitted to the data system that is subsequently required to be 17
542	542	expunged by the laws of the member state contributing the information shall be removed from the 18
543	543	data system. 19
544	544	5-48.2-10. Rulemaking. 20
545	545	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth 21
546	546	in this chapter and the rules adopted thereunder. Rules and amendments shall become binding as 22
547	547	of the date specified in each rule or amendment. 23
548	548	(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a 24
549	549	statute or resolution in the same manner used to adopt the compact within four (4) years of the date 25
550	550	of adoption of the rule, the rule shall have no further force and effect in any member state. 26
551	551	(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the 27
552	552	commission. 28
553	553	(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at 29
554	554	least thirty (30) days in advance of the meeting at which the rule shall be considered and voted 30
555	555	upon, the commission shall file a notice of proposed rulemaking: 31
556	556	(1) On the website of the commission or other publicly accessible platform; and 32
557	557	(2) On the website of each member state audiology or speech-language pathology licensing 33
558	558	board or other publicly accessible platform or the publication in which each state would otherwise 34
559	559
560	560
561	561	LC000939 - Page 16 of 20
562	562	publish proposed rules. 1
563	563	(e) The notice of proposed rulemaking shall include: 2
564	564	(1) The proposed time, date, and location of the meeting in which the rule shall be 3
565	565	considered and voted upon; 4
566	566	(2) The text of the proposed rule or amendment and the reason for the proposed rule; 5
567	567	(3) A request for comments on the proposed rule from any interested person; and 6
568	568	(4) The manner in which interested persons may submit notice to the commission of their 7
569	569	intention to attend the public hearing and any written comments. 8
570	570	(f) Prior to the adoption of a proposed rule, the commission shall allow persons to submit 9
571	571	written data, facts, opinions and arguments, which shall be made available to the public. 10
572	572	(g) The commission shall grant an opportunity for a public hearing before it adopts a rule 11
573	573	or amendment if a hearing is requested by: 12
574	574	(1) At least twenty-five (25) persons; 13
575	575	(2) A state or federal governmental subdivision or agency; or 14
576	576	(3) An association having at least twenty-five (25) members. 15
577	577	(h) If a hearing is held on the proposed rule or amendment, the commission shall publish 16
578	578	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, 17
579	579	the commission shall publish the mechanism for access to the electronic hearing. 18
580	580	(1) All persons wishing to be heard at the hearing shall notify the executive director of the 19
581	581	commission or other designated member in writing of their desire to appear and testify at the 20
582	582	hearing not less than five (5) business days before the scheduled date of the hearing. 21
583	583	(2) Hearings shall be conducted in a manner providing each person who wishes to comment 22
584	584	a fair and reasonable opportunity to comment orally or in writing. 23
585	585	(3) All hearings shall be recorded. A copy of the recording shall be made available on 24
586	586	request. 25
587	587	(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. 26
588	588	Rules may be grouped for the convenience of the commission at hearings required by this section. 27
589	589	(i) Following the scheduled hearing date, or by the close of business on the scheduled 28
590	590	hearing date if the hearing was not held, the commission shall consider all written and oral 29
591	591	comments received. 30
592	592	(j) If no written notice of intent to attend the public hearing by interested parties is received, 31
593	593	the commission may proceed with promulgation of the proposed rule without a public hearing. 32
594	594	(k) The commission shall, by majority vote of all members, take final action on the 33
595	595	proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking 34
596	596
597	597
598	598	LC000939 - Page 17 of 20
599	599	record and the full text of the rule. 1
600	600	(l) Upon determination that an emergency exists, the commission may consider and adopt 2
601	601	an emergency rule without prior notice, opportunity for comment, or hearing; provided that, the 3
602	602	usual rulemaking procedures provided in the compact and in this section shall be retroactively 4
603	603	applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the 5
604	604	effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be 6
605	605	adopted immediately in order to: 7
606	606	(1) Meet an imminent threat to public health, safety, or welfare; 8
607	607	(2) Prevent a loss of commission or member state funds; or 9
608	608	(3) Meet a deadline for the promulgation of an administrative rule that is established by 10
609	609	federal law or rule. 11
610	610	(m) The commission or an authorized committee of the commission may direct revisions 12
611	611	to a previously adopted rule or amendment for purposes of correcting typographical errors, errors 13
612	612	in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be 14
613	613	posted on the website of the commission. The revision shall be subject to challenge by any person 15
614	614	for a period of thirty (30) days after posting. The revision may be challenged only on grounds that 16
615	615	the revision results in a material change to a rule. A challenge shall be made in writing and delivered 17
616	616	to the chair of the commission prior to the end of the notice period. If no challenge is made, the 18
617	617	revision shall take effect without further action. If the revision is challenged, the revision may not 19
618	618	take effect without the approval of the commission. 20
619	619	5-48.2-11. Oversight, dispute resolution, and enforcement. 21
620	620	(a) Dispute resolution. 22
621	621	(1) Upon request by a member state, the commission shall attempt to resolve disputes 23
622	622	related to the compact that arise among member states and between member and non-member 24
623	623	states. 25
624	624	(2) The commission shall promulgate a rule providing for both mediation and binding 26
625	625	dispute resolution for disputes as appropriate. 27
626	626	(b) Enforcement. 28
627	627	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 29
628	628	provisions and rules of this compact. 30
629	629	(2) By majority vote, the commission may initiate legal action in the United States District 31
630	630	Court for the District of Columbia or the federal district where the commission has its principal 32
631	631	offices against a member state in default to enforce compliance with the provisions of the compact 33
632	632	and its promulgated rules and bylaws. The relief sought may include both injunctive relief and 34
633	633
634	634
635	635	LC000939 - Page 18 of 20
636	636	damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded 1
637	637	all costs of litigation, including reasonable attorneys' fees. 2
638	638	(3) The remedies herein shall not be the exclusive remedies of the commission. The 3
639	639	commission may pursue any other remedies available under federal or state law. 4
640	640	5-48.2-12. Date of implementation of the interstate commission for audiology and 5
641	641	speech-language pathology practice and associated rules, withdrawal, and amendment. 6
642	642	(a) The compact shall come into effect on the date on which the compact statute is enacted 7
643	643	into law in the tenth member state. The provisions, which become effective at that time, shall be 8
644	644	limited to the powers granted to the commission relating to assembly and the promulgation of rules. 9
645	645	Thereafter, the commission shall meet and exercise rulemaking powers necessary to the 10
646	646	implementation and administration of the compact. 11
647	647	(b) Any state that joins the compact subsequent to the commission's initial adoption of the 12
648	648	rules shall be subject to the rules as the rules exist on the date on which the compact becomes law 13
649	649	in that state. Any rule that has been previously adopted by the commission shall have the full force 14
650	650	and effect of law on the day the compact becomes law in that state. 15
651	651	(c) Any member state may withdraw from this compact by enacting a statute repealing the 16
652	652	same. 17
653	653	(1) A member state's withdrawal shall not take effect until six (6) months after enactment 18
654	654	of the repealing statute. 19
655	655	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 20
656	656	audiology or speech-language pathology licensing board to comply with the investigative and 21
657	657	adverse action reporting requirements of this act prior to the effective date of withdrawal. 22
658	658	(d) Nothing contained in this chapter or the compact shall be construed to invalidate or 23
659	659	prevent any audiology or speech-language pathology licensure agreement or other cooperative 24
660	660	arrangement between a member state and a non-member state that does not conflict with the 25
661	661	provisions of this compact. 26
662	662	(e) This compact may be amended by the member states. No amendment to this compact 27
663	663	shall become effective and binding upon any member state until it is enacted into the laws of all 28
664	664	member states. 29
665	665	5-48.2-13. Construction and severability. 30
666	666	This chapter and compact shall be liberally construed so as to effectuate the purposes 31
667	667	thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or 32
668	668	provision of this compact is declared to be contrary to the constitution of any member state or of 33
669	669	the United States or the applicability thereof to any government, agency, person or circumstance is 34
670	670
671	671
672	672	LC000939 - Page 19 of 20
673	673	held invalid, the validity of the remainder of this compact and the applicability thereof to any 1
674	674	government, agency, person or circumstance shall not be affected thereby. If this compact shall be 2
675	675	held contrary to the constitution of any member state, the compact shall remain in full force and 3
676	676	effect as to the remaining member states and in full force and effect as to the member state affected 4
677	677	as to all severable matters. 5
678	678	5-48.2-14. Binding effect of compact and other laws. 6
679	679	(a) Nothing herein prevents the enforcement of any other law of a member state that is not 7
680	680	inconsistent with the compact. 8
681	681	(b) All laws in a member state in conflict with the compact are superseded to the extent of 9
682	682	the conflict. 10
683	683	(c) All lawful actions of the commission, including all rules and bylaws promulgated by 11
684	684	the commission, are binding upon the member states. 12
685	685	(d) All agreements between the commission and the member states are binding in 13
686	686	accordance with their terms. 14
687	687	(e) In the event any provision of the compact exceeds the constitutional limits imposed on 15
688	688	the legislature of any member state, the provision shall be ineffective to the extent of the conflict 16
689	689	with the constitutional provision in question in that member state. 17
690	690	SECTION 2. This act shall take effect on the date on which the compact statute is enacted 18
691	691	into law in the tenth member state. 19
692	692	========
693	693	LC000939
694	694	========
695	695
696	696
697	697	LC000939 - Page 20 of 20
698	698	EXPLANATION
699	699	BY THE LEGISLATIVE COUNCIL
700	700	OF
701	701	A N A C T
702	702	RELATING TO BUSINESSES AND PROFESSIONS -- AUDIOLOGY AND SPEECH -
703	703	LANGUAGE PATHOLOGY I NTERSTATE COMPACT
704	704	***
705	705	This act would adopt the Audiology and Speech-Language Pathology Interstate Compact. 1
706	706	The act would establish a joint public agency known as the Audiology and Speech-Language 2
707	707	Pathology Compact commission to administer the provisions of the compact between the states. 3
708	708	This act would take effect on the date on which the compact statute is enacted into law in 4
709	709	the tenth member state. 5
710	710	========
711	711	LC000939
712	712	========
713	713