Texas 2021 - 87th Regular

Texas Senate Bill SB1497 Compare Versions

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1	1	87R2054 KKR-D
2	2	By: Kolkhorst S.B. No. 1497
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the audiology and speech-language pathology interstate
8	8	compact; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 401, Occupations Code, is amended by
11	11	adding Subchapter L to read as follows:
12	12	SUBCHAPTER L. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE
13	13	COMPACT
14	14	Sec. 401.551. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
15	15	INTERSTATE COMPACT. The Audiology and Speech-Language Pathology
16	16	Compact is enacted and entered into with all other jurisdictions
17	17	that legally join in the compact, which reads as follows:
18	18	AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
19	19	SECTION 1. PURPOSE
20	20	The purpose of this Compact is to facilitate interstate
21	21	practice of audiology and speech-language pathology with the goal
22	22	of improving public access to audiology and speech-language
23	23	pathology services. The practice of audiology and speech-language
24	24	pathology occurs in the state where the patient/client/student is
25	25	located at the time of the patient/client/student encounter. The
26	26	Compact preserves the regulatory authority of states to protect
27	27	public health and safety through the current system of state
28	28	licensure.
29	29	This Compact is designed to achieve the following objectives:
30	30	1. Increase public access to audiology and
31	31	speech-language pathology services by providing for the mutual
32	32	recognition of other member state licenses;
33	33	2. Enhance the states' ability to protect the public's
34	34	health and safety;
35	35	3. Encourage the cooperation of member states in
36	36	regulating multistate audiology and speech-language pathology
37	37	practice;
38	38	4. Support spouses of relocating active duty military
39	39	personnel;
40	40	5. Enhance the exchange of licensure, investigative
41	41	and disciplinary information between member states;
42	42	6. Allow a remote state to hold a provider of services
43	43	with a compact privilege in that state accountable to that state's
44	44	practice standards; and
45	45	7. Allow for the use of telehealth technology to
46	46	facilitate increased access to audiology and speech-language
47	47	pathology services.
48	48	SECTION 2. DEFINITIONS
49	49	As used in this Compact, and except as otherwise provided,
50	50	the following definitions shall apply:
51	51	A. "Active duty military" means full-time duty status in the
52	52	active uniformed service of the United States, including members of
53	53	the National Guard and Reserve on active duty orders pursuant to 10
54	54	U.S.C. Section 1209 and 1211.
55	55	B. "Adverse action" means any administrative, civil,
56	56	equitable or criminal action permitted by a state's laws which is
57	57	imposed by a licensing board or other authority against an
58	58	audiologist or speech-language pathologist, including actions
59	59	against an individual's license or privilege to practice such as
60	60	revocation, suspension, probation, monitoring of the licensee, or
61	61	restriction on the licensee's practice.
62	62	C. "Alternative program" means a non-disciplinary
63	63	monitoring process approved by an audiology or speech-language
64	64	pathology licensing board to address impaired practitioners.
65	65	D. "Audiologist" means an individual who is licensed by a
66	66	state to practice audiology.
67	67	E. "Audiology" means the care and services provided by a
68	68	licensed audiologist as set forth in the member state's statutes
69	69	and rules.
70	70	F. "Audiology and Speech-Language Pathology Compact
71	71	Commission" or "Commission" means the national administrative body
72	72	whose membership consists of all states that have enacted the
73	73	Compact.
74	74	G. "Audiology and speech-language pathology licensing
75	75	board," "audiology licensing board," "speech-language pathology
76	76	licensing board," or "licensing board" means the agency of a state
77	77	that is responsible for the licensing and regulation of
78	78	audiologists and/or speech-language pathologists.
79	79	H. "Compact privilege" means the authorization granted by a
80	80	remote state to allow a licensee from another member state to
81	81	practice as an audiologist or speech-language pathologist in the
82	82	remote state under its laws and rules. The practice of audiology or
83	83	speech-language pathology occurs in the member state where the
84	84	patient/client/student is located at the time of the
85	85	patient/client/student encounter.
86	86	I. "Current significant investigative information" means
87	87	investigative information that a licensing board, after an inquiry
88	88	or investigation that includes notification and an opportunity for
89	89	the audiologist or speech-language pathologist to respond, if
90	90	required by state law, has reason to believe is not groundless and,
91	91	if proved true, would indicate more than a minor infraction.
92	92	J. "Data system" means a repository of information about
93	93	licensees, including, but not limited to, continuing education,
94	94	examination, licensure, investigative, compact privilege and
95	95	adverse action.
96	96	K. "Encumbered license" means a license in which an adverse
97	97	action restricts the practice of audiology or speech-language
98	98	pathology by the licensee and said adverse action has been reported
99	99	to the National Practitioners Data Bank (NPDB).
100	100	L. "Executive Committee" means a group of directors elected
101	101	or appointed to act on behalf of, and within the powers granted to
102	102	them by, the Commission.
103	103	M. "Home state" means the member state that is the
104	104	licensee's primary state of residence.
105	105	N. "Impaired practitioner" means individuals whose
106	106	professional practice is adversely affected by substance abuse,
107	107	addiction, or other health-related conditions.
108	108	O. "Licensee" means an individual who currently holds an
109	109	authorization from the state licensing board to practice as an
110	110	audiologist or speech-language pathologist.
111	111	P. "Member state" means a state that has enacted the
112	112	Compact.
113	113	Q. "Privilege to practice" means a legal authorization
114	114	permitting the practice of audiology or speech-language pathology
115	115	in a remote state.
116	116	R. "Remote state" means a member state other than the home
117	117	state where a licensee is exercising or seeking to exercise the
118	118	compact privilege.
119	119	S. "Rule" means a regulation, principle or directive
120	120	promulgated by the Commission that has the force of law.
121	121	T. "Single-state license" means an audiology or
122	122	speech-language pathology license issued by a member state that
123	123	authorizes practice only within the issuing state and does not
124	124	include a privilege to practice in any other member state.
125	125	U. "Speech-language pathologist" means an individual who is
126	126	licensed by a state to practice speech-language pathology.
127	127	V. "Speech-language pathology means the care and services
128	128	provided by a licensed speech-language pathologist as set forth in
129	129	the member state's statutes and rules.
130	130	W. "State" means any state, commonwealth, district or
131	131	territory of the United States of America that regulates the
132	132	practice of audiology and speech-language pathology.
133	133	X. "State practice laws" means a member state's laws, rules
134	134	and regulations that govern the practice of audiology or
135	135	speech-language pathology, define the scope of audiology or
136	136	speech-language pathology practice, and create the methods and
137	137	grounds for imposing discipline.
138	138	Y. "Telehealth" means the application of telecommunication
139	139	technology to deliver audiology or speech-language pathology
140	140	services at a distance for assessment, intervention and/or
141	141	consultation.
142	142	SECTION 3. STATE PARTICIPATION IN THE COMPACT
143	143	A. A license issued to an audiologist or speech-language
144	144	pathologist by a home state to a resident in that state shall be
145	145	recognized by each member state as authorizing an audiologist or
146	146	speech-language pathologist to practice audiology or
147	147	speech-language pathology, under a privilege to practice, in each
148	148	member state.
149	149	B. A state must implement or utilize procedures for
150	150	considering the criminal history records of applicants for initial
151	151	privilege to practice. These procedures shall include the
152	152	submission of fingerprints or other biometric-based information by
153	153	applicants for the purpose of obtaining an applicant's criminal
154	154	history record information from the Federal Bureau of Investigation
155	155	and the agency responsible for retaining that state's criminal
156	156	records
157	157	1. A member state must fully implement a criminal
158	158	background check requirement, within a time frame established by
159	159	rule, by receiving the results of the Federal Bureau of
160	160	Investigation record search on criminal background checks and use
161	161	the results in making licensure decisions.
162	162	2. Communication between a member state, the
163	163	Commission and among member states regarding the verification of
164	164	eligibility for licensure through the Compact shall not include any
165	165	information received from the Federal Bureau of Investigation
166	166	relating to a federal criminal records check performed by a member
167	167	state under Public Law 92-544.
168	168	C. Upon application for a privilege to practice, the
169	169	licensing board in the issuing remote state shall ascertain,
170	170	through the data system, whether the applicant has ever held, or is
171	171	the holder of, a license issued by any other state, whether there
172	172	are any encumbrances on any license or privilege to practice held by
173	173	the applicant, whether any adverse action has been taken against
174	174	any license or privilege to practice held by the applicant.
175	175	D. Each member state shall require an applicant to obtain or
176	176	retain a license in the home state and meet the home state's
177	177	qualifications for licensure or renewal of licensure, as well as,
178	178	all other applicable state laws.
179	179	E. For an audiologist:
180	180	1. Must meet one of the following educational
181	181	requirements:
182	182	a. On or before, Dec. 31, 2007, has graduated
183	183	with a master's degree or doctorate in audiology, or equivalent
184	184	degree regardless of degree name, from a program that is accredited
185	185	by an accrediting agency recognized by the Council for Higher
186	186	Education Accreditation, or its successor, or by the United States
187	187	Department of Education and operated by a college or university
188	188	accredited by a regional or national accrediting organization
189	189	recognized by the board; or
190	190	b. On or after, Jan. 1, 2008, has graduated with a
191	191	Doctoral degree in audiology, or equivalent degree, regardless of
192	192	degree name, from a program that is accredited by an accrediting
193	193	agency recognized by the Council for Higher Education
194	194	Accreditation, or its successor, or by the United States Department
195	195	of Education and operated by a college or university accredited by a
196	196	regional or national accrediting organization recognized by the
197	197	board; or
198	198	c. Has graduated from an audiology program that
199	199	is housed in an institution of higher education outside of the
200	200	United States (a) for which the program and institution have been
201	201	approved by the authorized accrediting body in the applicable
202	202	country and (b) the degree program has been verified by an
203	203	independent credentials review agency to be comparable to a state
204	204	licensing board-approved program.
205	205	2. Has completed a supervised clinical practicum
206	206	experience from an accredited educational institution or its
207	207	cooperating programs as required by the board;
208	208	3. Has successfully passed a national examination
209	209	approved by the Commission;
210	210	4. Holds an active, unencumbered license;
211	211	5. Has not been convicted or found guilty, and has not
212	212	entered into an agreed disposition, of a felony related to the
213	213	practice of audiology, under applicable state or federal criminal
214	214	law;
215	215	6. Has a valid United States Social Security or
216	216	National Practitioner Identification number.
217	217	F. For a speech-language pathologist:
218	218	1. Must meet one of the following educational
219	219	requirements:
220	220	a. Has graduated with a master's degree from a
221	221	speech-language pathology program that is accredited by an
222	222	organization recognized by the United States Department of
223	223	Education and operated by a college or university accredited by a
224	224	regional or national accrediting organization recognized by the
225	225	board; or
226	226	b. Has graduated from a speech-language
227	227	pathology program that is housed in an institution of higher
228	228	education outside of the United States (a) for which the program and
229	229	institution have been approved by the authorized accrediting body
230	230	in the applicable country and (b) the degree program has been
231	231	verified by an independent credentials review agency to be
232	232	comparable to a state licensing board-approved program.
233	233	2. Has completed a supervised clinical practicum
234	234	experience from an educational institution or its cooperating
235	235	programs as required by the Commission;
236	236	3. Has completed a supervised postgraduate
237	237	professional experience as required by the Commission
238	238	4. Has successfully passed a national examination
239	239	approved by the Commission;
240	240	5. Holds an active, unencumbered license;
241	241	6. Has not been convicted or found guilty, and has not
242	242	entered into an agreed disposition, of a felony related to the
243	243	practice of speech-language pathology, under applicable state or
244	244	federal criminal law;
245	245	7. Has a valid United States Social Security or
246	246	National Practitioner Identification number.
247	247	G. The privilege to practice is derived from the home state
248	248	license.
249	249	H. An audiologist or speech-language pathologist practicing
250	250	in a member state must comply with the state practice laws of the
251	251	state in which the client is located at the time service is
252	252	provided. The practice of audiology and speech-language pathology
253	253	shall include all audiology and speech-language pathology practice
254	254	as defined by the state practice laws of the member state in which
255	255	the client is located. The practice of audiology and
256	256	speech-language pathology in a member state under a privilege to
257	257	practice shall subject an audiologist or speech-language
258	258	pathologist to the jurisdiction of the licensing board, the courts
259	259	and the laws of the member state in which the client is located at
260	260	the time service is provided.
261	261	I. Individuals not residing in a member state shall continue
262	262	to be able to apply for a member state's single-state license as
263	263	provided under the laws of each member state. However, the
264	264	single-state license granted to these individuals shall not be
265	265	recognized as granting the privilege to practice audiology or
266	266	speech-language pathology in any other member state. Nothing in
267	267	this Compact shall affect the requirements established by a member
268	268	state for the issuance of a single-state license.
269	269	J. Member states may charge a fee for granting a compact
270	270	privilege.
271	271	K. Member states must comply with the bylaws and rules and
272	272	regulations of the Commission.
273	273	SECTION 4. COMPACT PRIVILEGE
274	274	A. To exercise the compact privilege under the terms and
275	275	provisions of the Compact, the audiologist or speech-language
276	276	pathologist shall:
277	277	1. Hold an active license in the home state;
278	278	2. Have no encumbrance on any state license;
279	279	3. Be eligible for a compact privilege in any member
280	280	state in accordance with Section 3;
281	281	4. Have not had any adverse action against any license
282	282	or compact privilege within the previous 2 years from date of
283	283	application;
284	284	5. Notify the Commission that the licensee is seeking
285	285	the compact privilege within a remote state(s);
286	286	6. Pay any applicable fees, including any state fee,
287	287	for the compact privilege;
288	288	7. Report to the Commission adverse action taken by
289	289	any non-member state within 30 days from the date the adverse action
290	290	is taken.
291	291	B. For the purposes of the compact privilege, an audiologist
292	292	or speech-language pathologist shall only hold one home state
293	293	license at a time.
294	294	C. Except as provided in Section 6, if an audiologist or
295	295	speech-language pathologist changes primary state of residence by
296	296	moving between two-member states, the audiologist or
297	297	speech-language pathologist must apply for licensure in the new
298	298	home state, and the license issued by the prior home state shall be
299	299	deactivated in accordance with applicable rules adopted by the
300	300	Commission.
301	301	D. The audiologist or speech-language pathologist may apply
302	302	for licensure in advance of a change in primary state of residence.
303	303	E. A license shall not be issued by the new home state until
304	304	the audiologist or speech-language pathologist provides
305	305	satisfactory evidence of a change in primary state of residence to
306	306	the new home state and satisfies all applicable requirements to
307	307	obtain a license from the new home state.
308	308	F. If an audiologist or speech-language pathologist changes
309	309	primary state of residence by moving from a member state to a
310	310	non-member state, the license issued by the prior home state shall
311	311	convert to a single-state license, valid only in the former home
312	312	state.
313	313	G. The compact privilege is valid until the expiration date
314	314	of the home state license. The licensee must comply with the
315	315	requirements of Section 4A to maintain the compact privilege in the
316	316	remote state.
317	317	H. A licensee providing audiology or speech-language
318	318	pathology services in a remote state under the compact privilege
319	319	shall function within the laws and regulations of the remote state.
320	320	I. A licensee providing audiology or speech-language
321	321	pathology services in a remote state is subject to that state's
322	322	regulatory authority. A remote state may, in accordance with due
323	323	process and that state's laws, remove a licensee's compact
324	324	privilege in the remote state for a specific period of time, impose
325	325	fines, and/or take any other necessary actions to protect the
326	326	health and safety of its citizens.
327	327	J. If a home state license is encumbered, the licensee shall
328	328	lose the compact privilege in any remote state until the following
329	329	occur:
330	330	1. The home state license is no longer encumbered; and
331	331	2. Two years have elapsed from the date of the adverse
332	332	action.
333	333	K. Once an encumbered license in the home state is restored
334	334	to good standing, the licensee must meet the requirements of
335	335	Section 4A to obtain a compact privilege in any remote state.
336	336	L. Once the requirements of Section 4J have been met, the
337	337	licensee must meet the requirements in Section 4A to obtain a
338	338	compact privilege in a remote state.
339	339	SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
340	340	Member states shall recognize the right of an audiologist or
341	341	speech-language pathologist, licensed by a home state in accordance
342	342	with Section 3 and under rules promulgated by the Commission, to
343	343	practice audiology or speech-language pathology in any member state
344	344	via telehealth under a privilege to practice as provided in the
345	345	Compact and rules promulgated by the Commission.
346	346	SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
347	347	Active duty military personnel, or their spouse, shall
348	348	designate a home state where the individual has a current license in
349	349	good standing. The individual may retain the home state
350	350	designation during the period the service member is on active duty.
351	351	Subsequent to designating a home state, the individual shall only
352	352	change their home state through application for licensure in the
353	353	new state.
354	354	SECTION 7. ADVERSE ACTIONS
355	355	A. In addition to the other powers conferred by state law, a
356	356	remote state shall have the authority, in accordance with existing
357	357	state due process law, to:
358	358	1. Take adverse action against an audiologist's or
359	359	speech-language pathologist's privilege to practice within that
360	360	member state.
361	361	2. Issue subpoenas for both hearings and
362	362	investigations that require the attendance and testimony of
363	363	witnesses as well as the production of evidence. Subpoenas issued
364	364	by a licensing board in a member state for the attendance and
365	365	testimony of witnesses or the production of evidence from another
366	366	member state shall be enforced in the latter state by any court of
367	367	competent jurisdiction, according to the practice and procedure of
368	368	that court applicable to subpoenas issued in proceedings pending
369	369	before it. The issuing authority shall pay any witness fees, travel
370	370	expenses, mileage and other fees required by the service statutes
371	371	of the state in which the witnesses or evidence are located.
372	372	3. Only the home state shall have the power to take
373	373	adverse action against a audiologist's or speech-language
374	374	pathologist's license issued by the home state.
375	375	B. For purposes of taking adverse action, the home state
376	376	shall give the same priority and effect to reported conduct
377	377	received from a member state as it would if the conduct had occurred
378	378	within the home state. In so doing, the home state shall apply its
379	379	own state laws to determine appropriate action.
380	380	C. The home state shall complete any pending investigations
381	381	of an audiologist or speech-language pathologist who changes
382	382	primary state of residence during the course of the investigations.
383	383	The home state shall also have the authority to take appropriate
384	384	action(s) and shall promptly report the conclusions of the
385	385	investigations to the administrator of the data system. The
386	386	administrator of the coordinated licensure information system
387	387	shall promptly notify the new home state of any adverse actions.
388	388	D. If otherwise permitted by state law, recover from the
389	389	affected audiologist or speech-language pathologist the costs of
390	390	investigations and disposition of cases resulting from any adverse
391	391	action taken against that audiologist or speech-language
392	392	pathologist.
393	393	E. Take adverse action based on the factual findings of the
394	394	remote state, provided that the home state follows its own
395	395	procedures for taking the adverse action.
396	396	F. Joint Investigations
397	397	1. In addition to the authority granted to a member
398	398	state by its respective audiology or speech-language pathology
399	399	practice act or other applicable state law, any member state may
400	400	participate with other member states in joint investigations of
401	401	licensees.
402	402	2. Member states shall share any investigative,
403	403	litigation, or compliance materials in furtherance of any joint or
404	404	individual investigation initiated under the Compact.
405	405	G. If adverse action is taken by the home state against an
406	406	audiologist's or speech language pathologist's license, the
407	407	audiologist's or speech-language pathologist's privilege to
408	408	practice in all other member states shall be deactivated until all
409	409	encumbrances have been removed from the state license. All home
410	410	state disciplinary orders that impose adverse action against an
411	411	audiologist's or speech language pathologist's license shall
412	412	include a statement that the audiologist's or speech-language
413	413	pathologist's privilege to practice is deactivated in all member
414	414	states during the pendency of the order.
415	415	H. If a member state takes adverse action, it shall promptly
416	416	notify the administrator of the data system. The administrator of
417	417	the data system shall promptly notify the home state of any adverse
418	418	actions by remote states.
419	419	I. Nothing in this Compact shall override a member state's
420	420	decision that participation in an alternative program may be used
421	421	in lieu of adverse action.
422	422	SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
423	423	PATHOLOGY COMPACT COMMISSION
424	424	A. The Compact member states hereby create and establish a
425	425	joint public agency known as the Audiology and Speech-Language
426	426	Pathology Compact Commission:
427	427	1. The Commission is an instrumentality of the Compact
428	428	states.
429	429	2. Venue is proper and judicial proceedings by or
430	430	against the Commission shall be brought solely and exclusively in a
431	431	court of competent jurisdiction where the principal office of the
432	432	Commission is located. The Commission may waive venue and
433	433	jurisdictional defenses to the extent it adopts or consents to
434	434	participate in alternative dispute resolution proceedings.
435	435	3. Nothing in this Compact shall be construed to be a
436	436	waiver of sovereign immunity.
437	437	B. Membership, Voting and Meetings
438	438	1. Each member state shall have two (2) delegates
439	439	selected by that member state's licensing board. The delegates
440	440	shall be current members of the licensing board. One shall be an
441	441	audiologist and one shall be a speech-language pathologist.
442	442	2. An additional five (5) delegates, who are either a
443	443	public member or board administrator from a state licensing board,
444	444	shall be chosen by the Executive Committee from a pool of nominees
445	445	provided by the Commission at Large.
446	446	3. Any delegate may be removed or suspended from
447	447	office as provided by the law of the state from which the delegate
448	448	is appointed.
449	449	4. The member state board shall fill any vacancy
450	450	occurring on the Commission, within 90 days.
451	451	5. Each delegate shall be entitled to one (1) vote with
452	452	regard to the promulgation of rules and creation of bylaws and shall
453	453	otherwise have an opportunity to participate in the business and
454	454	affairs of the Commission.
455	455	6. A delegate shall vote in person or by other means as
456	456	provided in the bylaws. The bylaws may provide for delegates'
457	457	participation in meetings by telephone or other means of
458	458	communication.
459	459	7. The Commission shall meet at least once during each
460	460	calendar year. Additional meetings shall be held as set forth in the
461	461	bylaws.
462	462	C. The Commission shall have the following powers and
463	463	duties:
464	464	1. Establish the fiscal year of the Commission;
465	465	2. Establish bylaws;
466	466	3. Establish a Code of Ethics;
467	467	4. Maintain its financial records in accordance with
468	468	the bylaws;
469	469	5. Meet and take actions as are consistent with the
470	470	provisions of this Compact and the bylaws;
471	471	6. Promulgate uniform rules to facilitate and
472	472	coordinate implementation and administration of this Compact. The
473	473	rules shall have the force and effect of law and shall be binding in
474	474	all member states;
475	475	7. Bring and prosecute legal proceedings or actions in
476	476	the name of the Commission, provided that the standing of any state
477	477	audiology or speech-language pathology licensing board to sue or be
478	478	sued under applicable law shall not be affected;
479	479	8. Purchase and maintain insurance and bonds;
480	480	9. Borrow, accept, or contract for services of
481	481	personnel, including, but not limited to, employees of a member
482	482	state;
483	483	10. Hire employees, elect or appoint officers, fix
484	484	compensation, define duties, grant individuals appropriate
485	485	authority to carry out the purposes of the Compact, and to establish
486	486	the Commission's personnel policies and programs relating to
487	487	conflicts of interest, qualifications of personnel, and other
488	488	related personnel matters;
489	489	11. Accept any and all appropriate donations and
490	490	grants of money, equipment, supplies, materials and services, and
491	491	to receive, utilize and dispose of the same; provided that at all
492	492	times the Commission shall avoid any appearance of impropriety
493	493	and/or conflict of interest;
494	494	12. Lease, purchase, accept appropriate gifts or
495	495	donations of, or otherwise to own, hold, improve or use, any
496	496	property, real, personal or mixed; provided that at all times the
497	497	Commission shall avoid any appearance of impropriety;
498	498	13. Sell convey, mortgage, pledge, lease, exchange,
499	499	abandon, or otherwise dispose of any property real, personal, or
500	500	mixed;
501	501	14. Establish a budget and make expenditures;
502	502	15. Borrow money;
503	503	16. Appoint committees, including standing committees
504	504	composed of members, and other interested persons as may be
505	505	designated in this Compact and the bylaws;
506	506	17. Provide and receive information from, and
507	507	cooperate with, law enforcement agencies;
508	508	18. Establish and elect an Executive Committee; and
509	509	19. Perform other functions as may be necessary or
510	510	appropriate to achieve the purposes of this Compact consistent with
511	511	the state regulation of audiology and speech-language pathology
512	512	licensure and practice.
513	513	D. The Executive Committee
514	514	The Executive Committee shall have the power to act on behalf
515	515	of the Commission according to the terms of this Compact:
516	516	1. The Executive Committee shall be composed of ten
517	517	(10) members:
518	518	a. Seven (7) voting members who are elected by
519	519	the Commission from the current membership of the Commission;
520	520	b. Two (2) ex-officios, consisting of one
521	521	nonvoting member from a recognized national audiology professional
522	522	association and one nonvoting member from a recognized national
523	523	speech-language pathology association; and
524	524	c. One (1) ex-officio, nonvoting member from the
525	525	recognized membership organization of the audiology and
526	526	speech-language pathology licensing boards.
527	527	E. The ex-officio members shall be selected by their
528	528	respective organizations.
529	529	1. The Commission may remove any member of the
530	530	Executive Committee as provided in bylaws.
531	531	2. The Executive Committee shall meet at least
532	532	annually.
533	533	3. The Executive Committee shall have the following
534	534	duties and responsibilities:
535	535	a. Recommend to the entire Commission changes to
536	536	the rules or bylaws, changes to this Compact legislation, fees paid
537	537	by Compact member states such as annual dues, and any commission
538	538	Compact fee charged to licensees for the compact privilege;
539	539	b. Ensure Compact administration services are
540	540	appropriately provided, contractual or otherwise;
541	541	c. Prepare and recommend the budget;
542	542	d. Maintain financial records on behalf of the
543	543	Commission;
544	544	e. Monitor Compact compliance of member states
545	545	and provide compliance reports to the Commission;
546	546	f. Establish additional committees as necessary;
547	547	and
548	548	g. Other duties as provided in rules or bylaws.
549	549	4. Meetings of the Commission
550	550	All meetings shall be open to the public, and public notice of
551	551	meetings shall be given in the same manner as required under the
552	552	rulemaking provisions in Section 10.
553	553	5. The Commission or the Executive Committee or other
554	554	committees of the Commission may convene in a closed, non-public
555	555	meeting if the Commission or Executive Committee or other
556	556	committees of the Commission must discuss:
557	557	a. Non-compliance of a member state with its
558	558	obligations under the Compact;
559	559	b. The employment, compensation, discipline or
560	560	other matters, practices or procedures related to specific
561	561	employees or other matters related to the Commission's internal
562	562	personnel practices and procedures;
563	563	c. Current, threatened, or reasonably
564	564	anticipated litigation;
565	565	d. Negotiation of contracts for the purchase,
566	566	lease, or sale of goods, services, or real estate;
567	567	e. Accusing any person of a crime or formally
568	568	censuring any person;
569	569	f. Disclosure of trade secrets or commercial or
570	570	financial information that is privileged or confidential;
571	571	g. Disclosure of information of a personal nature
572	572	where disclosure would constitute a clearly unwarranted invasion of
573	573	personal privacy;
574	574	h. Disclosure of investigative records compiled
575	575	for law enforcement purposes;
576	576	i. Disclosure of information related to any
577	577	investigative reports prepared by or on behalf of or for use of the
578	578	Commission or other committee charged with responsibility of
579	579	investigation or determination of compliance issues pursuant to the
580	580	Compact; or
581	581	j. Matters specifically exempted from disclosure
582	582	by federal or member state statute.
583	583	6. If a meeting, or portion of a meeting, is closed
584	584	pursuant to this provision, the Commission's legal counsel or
585	585	designee shall certify that the meeting may be closed and shall
586	586	reference each relevant exempting provision.
587	587	7. The Commission shall keep minutes that fully and
588	588	clearly describe all matters discussed in a meeting and shall
589	589	provide a full and accurate summary of actions taken, and the
590	590	reasons therefore, including a description of the views expressed.
591	591	All documents considered in connection with an action shall be
592	592	identified in minutes. All minutes and documents of a closed
593	593	meeting shall remain under seal, subject to release by a majority
594	594	vote of the Commission or order of a court of competent
595	595	jurisdiction.
596	596	8. Financing of the Commission
597	597	a. The Commission shall pay, or provide for the
598	598	payment of, the reasonable expenses of its establishment,
599	599	organization, and ongoing activities.
600	600	b. The Commission may accept any and all
601	601	appropriate revenue sources, donations, and grants of money,
602	602	equipment, supplies, materials, and services.
603	603	c. The Commission may levy on and collect an
604	604	annual assessment from each member state or impose fees on other
605	605	parties to cover the cost of the operations and activities of the
606	606	Commission and its staff, which must be in a total amount sufficient
607	607	to cover its annual budget as approved each year for which revenue
608	608	is not provided by other sources. The aggregate annual assessment
609	609	amount shall be allocated based upon a formula to be determined by
610	610	the Commission, which shall promulgate a rule binding upon all
611	611	member states.
612	612	9. The Commission shall not incur obligations of any
613	613	kind prior to securing the funds adequate to meet the same; nor
614	614	shall the Commission pledge the credit of any of the member states,
615	615	except by and with the authority of the member state.
616	616	10. The Commission shall keep accurate accounts of all
617	617	receipts and disbursements. The receipts and disbursements of the
618	618	Commission shall be subject to the audit and accounting procedures
619	619	established under its bylaws. However, all receipts and
620	620	disbursements of funds handled by the Commission shall be audited
621	621	yearly by a certified or licensed public accountant, and the report
622	622	of the audit shall be included in and become part of the annual
623	623	report of the Commission.
624	624	F. Qualified Immunity, Defense, and Indemnification
625	625	1. The members, officers, executive director,
626	626	employees and representatives of the Commission shall be immune
627	627	from suit and liability, either personally or in their official
628	628	capacity, for any claim for damage to or loss of property or
629	629	personal injury or other civil liability caused by or arising out of
630	630	any actual or alleged act, error or omission that occurred, or that
631	631	the person against whom the claim is made had a reasonable basis for
632	632	believing occurred within the scope of Commission employment,
633	633	duties or responsibilities; provided that nothing in this paragraph
634	634	shall be construed to protect any person from suit and/or liability
635	635	for any damage, loss, injury, or liability caused by the
636	636	intentional or willful or wanton misconduct of that person.
637	637	2. The Commission shall defend any member, officer,
638	638	executive director, employee or representative of the Commission in
639	639	any civil action seeking to impose liability arising out of any
640	640	actual or alleged act, error, or omission that occurred within the
641	641	scope of Commission employment, duties, or responsibilities, or
642	642	that the person against whom the claim is made had a reasonable
643	643	basis for believing occurred within the scope of Commission
644	644	employment, duties, or responsibilities; provided that nothing
645	645	herein shall be construed to prohibit that person from retaining
646	646	his or her own counsel; and provided further, that the actual or
647	647	alleged act, error, or omission did not result from that person's
648	648	intentional or willful or wanton misconduct.
649	649	3. The Commission shall indemnify and hold harmless
650	650	any member, officer, executive director, employee, or
651	651	representative of the Commission for the amount of any settlement
652	652	or judgment obtained against that person arising out of any actual
653	653	or alleged act, error or omission that occurred within the scope of
654	654	Commission employment, duties, or responsibilities, or that person
655	655	had a reasonable basis for believing occurred within the scope of
656	656	Commission employment, duties, or responsibilities, provided that
657	657	the actual or alleged act, error, or omission did not result from
658	658	the intentional or willful or wanton misconduct of that person.
659	659	SECTION 9. DATA SYSTEM
660	660	A. The Commission shall provide for the development,
661	661	maintenance, and utilization of a coordinated database and
662	662	reporting system containing licensure, adverse action, and
663	663	investigative information on all licensed individuals in member
664	664	states.
665	665	B. Notwithstanding any other provision of state law to the
666	666	contrary, a member state shall submit a uniform data set to the data
667	667	system on all individuals to whom this Compact is applicable as
668	668	required by the rules of the Commission, including:
669	669	1. Identifying information;
670	670	2. Licensure data;
671	671	3. Adverse actions against a license or compact
672	672	privilege;
673	673	4. Non-confidential information related to
674	674	alternative program participation;
675	675	5. Any denial of application for licensure, and the
676	676	reason(s) for denial; and
677	677	6. Other information that may facilitate the
678	678	administration of this Compact, as determined by the rules of the
679	679	Commission.
680	680	C. Investigative information pertaining to a licensee in
681	681	any member state shall only be available to other member states.
682	682	D. The Commission shall promptly notify all member states of
683	683	any adverse action taken against a licensee or an individual
684	684	applying for a license. Adverse action information pertaining to a
685	685	licensee in any member state shall be available to any other member
686	686	state.
687	687	E. Member states contributing information to the data
688	688	system may designate information that may not be shared with the
689	689	public without the express permission of the contributing state.
690	690	F. Any information submitted to the data system that is
691	691	subsequently required to be expunged by the laws of the member state
692	692	contributing the information shall be removed from the data system.
693	693	SECTION 10. RULEMAKING
694	694	A. The Commission shall exercise its rulemaking powers
695	695	pursuant to the criteria set forth in this Section and the rules
696	696	adopted thereunder. Rules and amendments shall become binding as
697	697	of the date specified in each rule or amendment.
698	698	B. If a majority of the legislatures of the member states
699	699	rejects a rule, by enactment of a statute or resolution in the same
700	700	manner used to adopt the Compact within 4 years of the date of
701	701	adoption of the rule, the rule shall have no further force and
702	702	effect in any member state.
703	703	C. Rules or amendments to the rules shall be adopted at a
704	704	regular or special meeting of the Commission.
705	705	D. Prior to promulgation and adoption of a final rule or
706	706	rules by the Commission, and at least thirty (30) days in advance of
707	707	the meeting at which the rule shall be considered and voted upon,
708	708	the Commission shall file a Notice of Proposed Rulemaking:
709	709	1. On the website of the Commission or other publicly
710	710	accessible platform; and
711	711	2. On the website of each member state audiology or
712	712	speech-language pathology licensing board or other publicly
713	713	accessible platform or the publication in which each state would
714	714	otherwise publish proposed rules.
715	715	E. The Notice of Proposed Rulemaking shall include:
716	716	1. The proposed time, date, and location of the
717	717	meeting in which the rule shall be considered and voted upon;
718	718	2. The text of the proposed rule or amendment and the
719	719	reason for the proposed rule;
720	720	3. A request for comments on the proposed rule from any
721	721	interested person; and
722	722	4. The manner in which interested persons may submit
723	723	notice to the Commission of their intention to attend the public
724	724	hearing and any written comments.
725	725	F. Prior to the adoption of a proposed rule, the Commission
726	726	shall allow persons to submit written data, facts, opinions and
727	727	arguments, which shall be made available to the public.
728	728	G. The Commission shall grant an opportunity for a public
729	729	hearing before it adopts a rule or amendment if a hearing is
730	730	requested by:
731	731	1. At least twenty-five (25) persons;
732	732	2. A state or federal governmental subdivision or
733	733	agency; or
734	734	3. An association having at least twenty-five (25)
735	735	members.
736	736	H. If a hearing is held on the proposed rule or amendment,
737	737	the Commission shall publish the place, time, and date of the
738	738	scheduled public hearing. If the hearing is held via electronic
739	739	means, the Commission shall publish the mechanism for access to the
740	740	electronic hearing.
741	741	1. All persons wishing to be heard at the hearing shall
742	742	notify the executive director of the Commission or other designated
743	743	member in writing of their desire to appear and testify at the
744	744	hearing not less than five (5) business days before the scheduled
745	745	date of the hearing.
746	746	2. Hearings shall be conducted in a manner providing
747	747	each person who wishes to comment a fair and reasonable opportunity
748	748	to comment orally or in writing.
749	749	3. All hearings shall be recorded. A copy of the
750	750	recording shall be made available on request.
751	751	4. Nothing in this section shall be construed as
752	752	requiring a separate hearing on each rule. Rules may be grouped for
753	753	the convenience of the Commission at hearings required by this
754	754	section.
755	755	I. Following the scheduled hearing date, or by the close of
756	756	business on the scheduled hearing date if the hearing was not held,
757	757	the Commission shall consider all written and oral comments
758	758	received.
759	759	J. If no written notice of intent to attend the public
760	760	hearing by interested parties is received, the Commission may
761	761	proceed with promulgation of the proposed rule without a public
762	762	hearing.
763	763	K. The Commission shall, by majority vote of all members,
764	764	take final action on the proposed rule and shall determine the
765	765	effective date of the rule, if any, based on the rulemaking record
766	766	and the full text of the rule.
767	767	L. Upon determination that an emergency exists, the
768	768	Commission may consider and adopt an emergency rule without prior
769	769	notice, opportunity for comment, or hearing, provided that the
770	770	usual rulemaking procedures provided in the Compact and in this
771	771	section shall be retroactively applied to the rule as soon as
772	772	reasonably possible, in no event later than ninety (90) days after
773	773	the effective date of the rule. For the purposes of this provision,
774	774	an emergency rule is one that must be adopted immediately in order
775	775	to:
776	776	1. Meet an imminent threat to public health, safety,
777	777	or welfare;
778	778	2. Prevent a loss of Commission or member state funds;
779	779	or
780	780	3. Meet a deadline for the promulgation of an
781	781	administrative rule that is established by federal law or rule.
782	782	M. The Commission or an authorized committee of the
783	783	Commission may direct revisions to a previously adopted rule or
784	784	amendment for purposes of correcting typographical errors, errors
785	785	in format, errors in consistency, or grammatical errors. Public
786	786	notice of any revisions shall be posted on the website of the
787	787	Commission. The revision shall be subject to challenge by any
788	788	person for a period of thirty (30) days after posting. The revision
789	789	may be challenged only on grounds that the revision results in a
790	790	material change to a rule. A challenge shall be made in writing and
791	791	delivered to the chair of the Commission prior to the end of the
792	792	notice period. If no challenge is made, the revision shall take
793	793	effect without further action. If the revision is challenged, the
794	794	revision may not take effect without the approval of the
795	795	Commission.
796	796	SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
797	797	A. Dispute Resolution
798	798	1. Upon request by a member state, the Commission
799	799	shall attempt to resolve disputes related to the Compact that arise
800	800	among member states and between member and non-member states.
801	801	2. The Commission shall promulgate a rule providing
802	802	for both mediation and binding dispute resolution for disputes as
803	803	appropriate.
804	804	B. Enforcement
805	805	1. The Commission, in the reasonable exercise of its
806	806	discretion, shall enforce the provisions and rules of this Compact.
807	807	2. By majority vote, the Commission may initiate legal
808	808	action in the United States District Court for the District of
809	809	Columbia or the federal district where the Commission has its
810	810	principal offices against a member state in default to enforce
811	811	compliance with the provisions of the Compact and its promulgated
812	812	rules and bylaws. The relief sought may include both injunctive
813	813	relief and damages. In the event judicial enforcement is necessary,
814	814	the prevailing member shall be awarded all costs of litigation,
815	815	including reasonable attorney's fees.
816	816	3. The remedies herein shall not be the exclusive
817	817	remedies of the Commission. The Commission may pursue any other
818	818	remedies available under federal or state law.
819	819	SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
820	820	FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND
821	821	ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
822	822	A. The Compact shall come into effect on the date on which
823	823	the Compact statute is enacted into law in the 1Oth member state.
824	824	The provisions, which become effective at that time, shall be
825	825	limited to the powers granted to the Commission relating to
826	826	assembly and the promulgation of rules. Thereafter, the Commission
827	827	shall meet and exercise rulemaking powers necessary to the
828	828	implementation and administration of the Compact.
829	829	B. Any state that joins the Compact subsequent to the
830	830	Commission's initial adoption of the rules shall be subject to the
831	831	rules as they exist on the date on which the Compact becomes law in
832	832	that state. Any rule that has been previously adopted by the
833	833	Commission shall have the full force and effect of law on the day
834	834	the Compact becomes law in that state.
835	835	C. Any member state may withdraw from this Compact by
836	836	enacting a statute repealing the same.
837	837	1. A member state's withdrawal shall not take effect
838	838	until six (6) months after enactment of the repealing statute.
839	839	2. Withdrawal shall not affect the continuing
840	840	requirement of the withdrawing state's audiology or
841	841	speech-language pathology licensing board to comply with the
842	842	investigative and adverse action reporting requirements of this act
843	843	prior to the effective date of withdrawal.
844	844	D. Nothing contained in this Compact shall be construed to
845	845	invalidate or prevent any audiology or speech-language pathology
846	846	licensure agreement or other cooperative arrangement between a
847	847	member state and a non-member state that does not conflict with the
848	848	provisions of this Compact.
849	849	E. This Compact may be amended by the member states. No
850	850	amendment to this Compact shall become effective and binding upon
851	851	any member state until it is enacted into the laws of all member
852	852	states.
853	853	SECTION 13. CONSTRUCTION AND SEVERABILITY
854	854	This Compact shall be liberally construed so as to effectuate
855	855	the purposes thereof. The provisions of this Compact shall be
856	856	severable and if any phrase, clause, sentence or provision of this
857	857	Compact is declared to be contrary to the constitution of any member
858	858	state or of the United States or the applicability thereof to any
859	859	government, agency, person or circumstance is held invalid, the
860	860	validity of the remainder of this Compact and the applicability
861	861	thereof to any government, agency, person or circumstance shall not
862	862	be affected thereby. If this Compact shall be held contrary to the
863	863	constitution of any member state, the Compact shall remain in full
864	864	force and effect as to the remaining member states and in full force
865	865	and effect as to the member state affected as to all severable
866	866	matters.
867	867	SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
868	868	A. Nothing herein prevents the enforcement of any other law
869	869	of a member state that is not inconsistent with the Compact.
870	870	B. All laws in a member state in conflict with the Compact
871	871	are superseded to the extent of the conflict.
872	872	C. All lawful actions of the Commission, including all rules
873	873	and bylaws promulgated by the Commission, are binding upon the
874	874	member states.
875	875	D. All agreements between the Commission and the member
876	876	states are binding in accordance with their terms.
877	877	E. In the event any provision of the Compact exceeds the
878	878	constitutional limits imposed on the legislature of any member
879	879	state, the provision shall be ineffective to the extent of the
880	880	conflict with the constitutional provision in question in that
881	881	member state.
882	882	Sec. 401.552. ADMINISTRATION OF COMPACT. The department is
883	883	the Audiology and Speech-Language Pathology Compact administrator
884	884	for this state.
885	885	Sec. 401.553. RULES. The commission may adopt rules
886	886	necessary to implement this subchapter.
887	887	SECTION 2. This Act takes effect September 1, 2021.