Texas 2023 - 88th Regular

Texas House Bill HB1875 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8133 SCP-D
2	2	By: Guillen, et al. H.B. No. 1875
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. Chapter 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 Commission;
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, the member state may
389	389	recover from the affected audiologist or speech-language
390	390	pathologist the costs of investigations and disposition of cases
391	391	resulting from any adverse action taken against that audiologist or
392	392	speech-language pathologist.
393	393	E. The member state may take adverse action based on the
394	394	factual findings of the remote state, provided that the member
395	395	state follows the member state's own procedures for taking the
396	396	adverse action.
397	397	F. Joint Investigations
398	398	1. In addition to the authority granted to a member
399	399	state by its respective audiology or speech-language pathology
400	400	practice act or other applicable state law, any member state may
401	401	participate with other member states in joint investigations of
402	402	licensees.
403	403	2. Member states shall share any investigative,
404	404	litigation, or compliance materials in furtherance of any joint or
405	405	individual investigation initiated under the Compact.
406	406	G. If adverse action is taken by the home state against an
407	407	audiologist's or speech language pathologist's license, the
408	408	audiologist's or speech-language pathologist's privilege to
409	409	practice in all other member states shall be deactivated until all
410	410	encumbrances have been removed from the state license. All home
411	411	state disciplinary orders that impose adverse action against an
412	412	audiologist's or speech language pathologist's license shall
413	413	include a statement that the audiologist's or speech-language
414	414	pathologist's privilege to practice is deactivated in all member
415	415	states during the pendency of the order.
416	416	H. If a member state takes adverse action, it shall promptly
417	417	notify the administrator of the data system. The administrator of
418	418	the data system shall promptly notify the home state of any adverse
419	419	actions by remote states.
420	420	I. Nothing in this Compact shall override a member state's
421	421	decision that participation in an alternative program may be used
422	422	in lieu of adverse action.
423	423	SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
424	424	PATHOLOGY COMPACT COMMISSION
425	425	A. The Compact member states hereby create and establish a
426	426	joint public agency known as the Audiology and Speech-Language
427	427	Pathology Compact Commission:
428	428	1. The Commission is an instrumentality of the Compact
429	429	states.
430	430	2. Venue is proper and judicial proceedings by or
431	431	against the Commission shall be brought solely and exclusively in a
432	432	court of competent jurisdiction where the principal office of the
433	433	Commission is located. The Commission may waive venue and
434	434	jurisdictional defenses to the extent it adopts or consents to
435	435	participate in alternative dispute resolution proceedings.
436	436	3. Nothing in this Compact shall be construed to be a
437	437	waiver of sovereign immunity.
438	438	B. Membership, Voting and Meetings
439	439	1. Each member state shall have two (2) delegates
440	440	selected by that member state's licensing board. The delegates
441	441	shall be current members of the licensing board. One shall be an
442	442	audiologist and one shall be a speech-language pathologist.
443	443	2. An additional five (5) delegates, who are either a
444	444	public member or board administrator from a state licensing board,
445	445	shall be chosen by the Executive Committee from a pool of nominees
446	446	provided by the Commission at Large.
447	447	3. Any delegate may be removed or suspended from
448	448	office as provided by the law of the state from which the delegate
449	449	is appointed.
450	450	4. The member state board shall fill any vacancy
451	451	occurring on the Commission, within 90 days.
452	452	5. Each delegate shall be entitled to one (1) vote with
453	453	regard to the promulgation of rules and creation of bylaws and shall
454	454	otherwise have an opportunity to participate in the business and
455	455	affairs of the Commission.
456	456	6. A delegate shall vote in person or by other means as
457	457	provided in the bylaws. The bylaws may provide for delegates'
458	458	participation in meetings by telephone or other means of
459	459	communication.
460	460	7. The Commission shall meet at least once during each
461	461	calendar year. Additional meetings shall be held as set forth in the
462	462	bylaws.
463	463	C. The Commission shall have the following powers and
464	464	duties:
465	465	1. Establish the fiscal year of the Commission;
466	466	2. Establish bylaws;
467	467	3. Establish a Code of Ethics;
468	468	4. Maintain its financial records in accordance with
469	469	the bylaws;
470	470	5. Meet and take actions as are consistent with the
471	471	provisions of this Compact and the bylaws;
472	472	6. Promulgate uniform rules to facilitate and
473	473	coordinate implementation and administration of this Compact. The
474	474	rules shall have the force and effect of law and shall be binding in
475	475	all member states;
476	476	7. Bring and prosecute legal proceedings or actions in
477	477	the name of the Commission, provided that the standing of any state
478	478	audiology or speech-language pathology licensing board to sue or be
479	479	sued under applicable law shall not be affected;
480	480	8. Purchase and maintain insurance and bonds;
481	481	9. Borrow, accept, or contract for services of
482	482	personnel, including, but not limited to, employees of a member
483	483	state;
484	484	10. Hire employees, elect or appoint officers, fix
485	485	compensation, define duties, grant individuals appropriate
486	486	authority to carry out the purposes of the Compact, and to establish
487	487	the Commission's personnel policies and programs relating to
488	488	conflicts of interest, qualifications of personnel, and other
489	489	related personnel matters;
490	490	11. Accept any and all appropriate donations and
491	491	grants of money, equipment, supplies, materials and services, and
492	492	to receive, utilize and dispose of the same; provided that at all
493	493	times the Commission shall avoid any appearance of impropriety
494	494	and/or conflict of interest;
495	495	12. Lease, purchase, accept appropriate gifts or
496	496	donations of, or otherwise to own, hold, improve or use, any
497	497	property, real, personal or mixed; provided that at all times the
498	498	Commission shall avoid any appearance of impropriety;
499	499	13. Sell convey, mortgage, pledge, lease, exchange,
500	500	abandon, or otherwise dispose of any property real, personal, or
501	501	mixed;
502	502	14. Establish a budget and make expenditures;
503	503	15. Borrow money;
504	504	16. Appoint committees, including standing committees
505	505	composed of members, and other interested persons as may be
506	506	designated in this Compact and the bylaws;
507	507	17. Provide and receive information from, and
508	508	cooperate with, law enforcement agencies;
509	509	18. Establish and elect an Executive Committee; and
510	510	19. Perform other functions as may be necessary or
511	511	appropriate to achieve the purposes of this Compact consistent with
512	512	the state regulation of audiology and speech-language pathology
513	513	licensure and practice.
514	514	D. The Executive Committee
515	515	The Executive Committee shall have the power to act on behalf
516	516	of the Commission according to the terms of this Compact:
517	517	1. The Executive Committee shall be composed of ten
518	518	(10) members:
519	519	a. Seven (7) voting members who are elected by
520	520	the Commission from the current membership of the Commission;
521	521	b. Two (2) ex-officios, consisting of one
522	522	nonvoting member from a recognized national audiology professional
523	523	association and one nonvoting member from a recognized national
524	524	speech-language pathology association; and
525	525	c. One (1) ex-officio, nonvoting member from the
526	526	recognized membership organization of the audiology and
527	527	speech-language pathology licensing boards.
528	528	E. The ex-officio members shall be selected by their
529	529	respective organizations.
530	530	1. The Commission may remove any member of the
531	531	Executive Committee as provided in bylaws.
532	532	2. The Executive Committee shall meet at least
533	533	annually.
534	534	3. The Executive Committee shall have the following
535	535	duties and responsibilities:
536	536	a. Recommend to the entire Commission changes to
537	537	the rules or bylaws, changes to this Compact legislation, fees paid
538	538	by Compact member states such as annual dues, and any commission
539	539	Compact fee charged to licensees for the compact privilege;
540	540	b. Ensure Compact administration services are
541	541	appropriately provided, contractual or otherwise;
542	542	c. Prepare and recommend the budget;
543	543	d. Maintain financial records on behalf of the
544	544	Commission;
545	545	e. Monitor Compact compliance of member states
546	546	and provide compliance reports to the Commission;
547	547	f. Establish additional committees as necessary;
548	548	and
549	549	g. Other duties as provided in rules or bylaws.
550	550	4. Meetings of the Commission
551	551	All meetings shall be open to the public, and public notice of
552	552	meetings shall be given in the same manner as required under the
553	553	rulemaking provisions in Section 10.
554	554	5. The Commission or the Executive Committee or other
555	555	committees of the Commission may convene in a closed, non-public
556	556	meeting if the Commission or Executive Committee or other
557	557	committees of the Commission must discuss:
558	558	a. Non-compliance of a member state with its
559	559	obligations under the Compact;
560	560	b. The employment, compensation, discipline or
561	561	other matters, practices or procedures related to specific
562	562	employees or other matters related to the Commission's internal
563	563	personnel practices and procedures;
564	564	c. Current, threatened, or reasonably
565	565	anticipated litigation;
566	566	d. Negotiation of contracts for the purchase,
567	567	lease, or sale of goods, services, or real estate;
568	568	e. Accusing any person of a crime or formally
569	569	censuring any person;
570	570	f. Disclosure of trade secrets or commercial or
571	571	financial information that is privileged or confidential;
572	572	g. Disclosure of information of a personal nature
573	573	where disclosure would constitute a clearly unwarranted invasion of
574	574	personal privacy;
575	575	h. Disclosure of investigative records compiled
576	576	for law enforcement purposes;
577	577	i. Disclosure of information related to any
578	578	investigative reports prepared by or on behalf of or for use of the
579	579	Commission or other committee charged with responsibility of
580	580	investigation or determination of compliance issues pursuant to the
581	581	Compact; or
582	582	j. Matters specifically exempted from disclosure
583	583	by federal or member state statute.
584	584	6. If a meeting, or portion of a meeting, is closed
585	585	pursuant to this provision, the Commission's legal counsel or
586	586	designee shall certify that the meeting may be closed and shall
587	587	reference each relevant exempting provision.
588	588	7. The Commission shall keep minutes that fully and
589	589	clearly describe all matters discussed in a meeting and shall
590	590	provide a full and accurate summary of actions taken, and the
591	591	reasons therefore, including a description of the views expressed.
592	592	All documents considered in connection with an action shall be
593	593	identified in minutes. All minutes and documents of a closed
594	594	meeting shall remain under seal, subject to release by a majority
595	595	vote of the Commission or order of a court of competent
596	596	jurisdiction.
597	597	8. Financing of the Commission
598	598	a. The Commission shall pay, or provide for the
599	599	payment of, the reasonable expenses of its establishment,
600	600	organization, and ongoing activities.
601	601	b. The Commission may accept any and all
602	602	appropriate revenue sources, donations, and grants of money,
603	603	equipment, supplies, materials, and services.
604	604	c. The Commission may levy on and collect an
605	605	annual assessment from each member state or impose fees on other
606	606	parties to cover the cost of the operations and activities of the
607	607	Commission and its staff, which must be in a total amount sufficient
608	608	to cover its annual budget as approved each year for which revenue
609	609	is not provided by other sources. The aggregate annual assessment
610	610	amount shall be allocated based upon a formula to be determined by
611	611	the Commission, which shall promulgate a rule binding upon all
612	612	member states.
613	613	9. The Commission shall not incur obligations of any
614	614	kind prior to securing the funds adequate to meet the same; nor
615	615	shall the Commission pledge the credit of any of the member states,
616	616	except by and with the authority of the member state.
617	617	10. The Commission shall keep accurate accounts of all
618	618	receipts and disbursements. The receipts and disbursements of the
619	619	Commission shall be subject to the audit and accounting procedures
620	620	established under its bylaws. However, all receipts and
621	621	disbursements of funds handled by the Commission shall be audited
622	622	yearly by a certified or licensed public accountant, and the report
623	623	of the audit shall be included in and become part of the annual
624	624	report of the Commission.
625	625	F. Qualified Immunity, Defense, and Indemnification
626	626	1. The members, officers, executive director,
627	627	employees and representatives of the Commission shall be immune
628	628	from suit and liability, either personally or in their official
629	629	capacity, for any claim for damage to or loss of property or
630	630	personal injury or other civil liability caused by or arising out of
631	631	any actual or alleged act, error or omission that occurred, or that
632	632	the person against whom the claim is made had a reasonable basis for
633	633	believing occurred within the scope of Commission employment,
634	634	duties or responsibilities; provided that nothing in this paragraph
635	635	shall be construed to protect any person from suit and/or liability
636	636	for any damage, loss, injury, or liability caused by the
637	637	intentional or willful or wanton misconduct of that person.
638	638	2. The Commission shall defend any member, officer,
639	639	executive director, employee or representative of the Commission in
640	640	any civil action seeking to impose liability arising out of any
641	641	actual or alleged act, error, or omission that occurred within the
642	642	scope of Commission employment, duties, or responsibilities, or
643	643	that the person against whom the claim is made had a reasonable
644	644	basis for believing occurred within the scope of Commission
645	645	employment, duties, or responsibilities; provided that nothing
646	646	herein shall be construed to prohibit that person from retaining
647	647	his or her own counsel; and provided further, that the actual or
648	648	alleged act, error, or omission did not result from that person's
649	649	intentional or willful or wanton misconduct.
650	650	3. The Commission shall indemnify and hold harmless
651	651	any member, officer, executive director, employee, or
652	652	representative of the Commission for the amount of any settlement
653	653	or judgment obtained against that person arising out of any actual
654	654	or alleged act, error or omission that occurred within the scope of
655	655	Commission employment, duties, or responsibilities, or that person
656	656	had a reasonable basis for believing occurred within the scope of
657	657	Commission employment, duties, or responsibilities, provided that
658	658	the actual or alleged act, error, or omission did not result from
659	659	the intentional or willful or wanton misconduct of that person.
660	660	SECTION 9. DATA SYSTEM
661	661	A. The Commission shall provide for the development,
662	662	maintenance, and utilization of a coordinated database and
663	663	reporting system containing licensure, adverse action, and
664	664	investigative information on all licensed individuals in member
665	665	states.
666	666	B. Notwithstanding any other provision of state law to the
667	667	contrary, a member state shall submit a uniform data set to the data
668	668	system on all individuals to whom this Compact is applicable as
669	669	required by the rules of the Commission, including:
670	670	1. Identifying information;
671	671	2. Licensure data;
672	672	3. Adverse actions against a license or compact
673	673	privilege;
674	674	4. Non-confidential information related to
675	675	alternative program participation;
676	676	5. Any denial of application for licensure, and the
677	677	reason(s) for denial; and
678	678	6. Other information that may facilitate the
679	679	administration of this Compact, as determined by the rules of the
680	680	Commission.
681	681	C. Investigative information pertaining to a licensee in
682	682	any member state shall only be available to other member states.
683	683	D. The Commission shall promptly notify all member states of
684	684	any adverse action taken against a licensee or an individual
685	685	applying for a license. Adverse action information pertaining to a
686	686	licensee in any member state shall be available to any other member
687	687	state.
688	688	E. Member states contributing information to the data
689	689	system may designate information that may not be shared with the
690	690	public without the express permission of the contributing state.
691	691	F. Any information submitted to the data system that is
692	692	subsequently required to be expunged by the laws of the member state
693	693	contributing the information shall be removed from the data system.
694	694	SECTION 10. RULEMAKING
695	695	A. The Commission shall exercise its rulemaking powers
696	696	pursuant to the criteria set forth in this Section and the rules
697	697	adopted thereunder. Rules and amendments shall become binding as
698	698	of the date specified in each rule or amendment.
699	699	B. If a majority of the legislatures of the member states
700	700	rejects a rule, by enactment of a statute or resolution in the same
701	701	manner used to adopt the Compact within 4 years of the date of
702	702	adoption of the rule, the rule shall have no further force and
703	703	effect in any member state.
704	704	C. Rules or amendments to the rules shall be adopted at a
705	705	regular or special meeting of the Commission.
706	706	D. Prior to promulgation and adoption of a final rule or
707	707	rules by the Commission, and at least thirty (30) days in advance of
708	708	the meeting at which the rule shall be considered and voted upon,
709	709	the Commission shall file a Notice of Proposed Rulemaking:
710	710	1. On the website of the Commission or other publicly
711	711	accessible platform; and
712	712	2. On the website of each member state audiology or
713	713	speech-language pathology licensing board or other publicly
714	714	accessible platform or the publication in which each state would
715	715	otherwise publish proposed rules.
716	716	E. The Notice of Proposed Rulemaking shall include:
717	717	1. The proposed time, date, and location of the
718	718	meeting in which the rule shall be considered and voted upon;
719	719	2. The text of the proposed rule or amendment and the
720	720	reason for the proposed rule;
721	721	3. A request for comments on the proposed rule from any
722	722	interested person; and
723	723	4. The manner in which interested persons may submit
724	724	notice to the Commission of their intention to attend the public
725	725	hearing and any written comments.
726	726	F. Prior to the adoption of a proposed rule, the Commission
727	727	shall allow persons to submit written data, facts, opinions and
728	728	arguments, which shall be made available to the public.
729	729	G. The Commission shall grant an opportunity for a public
730	730	hearing before it adopts a rule or amendment if a hearing is
731	731	requested by:
732	732	1. At least twenty-five (25) persons;
733	733	2. A state or federal governmental subdivision or
734	734	agency; or
735	735	3. An association having at least twenty-five (25)
736	736	members.
737	737	H. If a hearing is held on the proposed rule or amendment,
738	738	the Commission shall publish the place, time, and date of the
739	739	scheduled public hearing. If the hearing is held via electronic
740	740	means, the Commission shall publish the mechanism for access to the
741	741	electronic hearing.
742	742	1. All persons wishing to be heard at the hearing shall
743	743	notify the executive director of the Commission or other designated
744	744	member in writing of their desire to appear and testify at the
745	745	hearing not less than five (5) business days before the scheduled
746	746	date of the hearing.
747	747	2. Hearings shall be conducted in a manner providing
748	748	each person who wishes to comment a fair and reasonable opportunity
749	749	to comment orally or in writing.
750	750	3. All hearings shall be recorded. A copy of the
751	751	recording shall be made available on request.
752	752	4. Nothing in this section shall be construed as
753	753	requiring a separate hearing on each rule. Rules may be grouped for
754	754	the convenience of the Commission at hearings required by this
755	755	section.
756	756	I. Following the scheduled hearing date, or by the close of
757	757	business on the scheduled hearing date if the hearing was not held,
758	758	the Commission shall consider all written and oral comments
759	759	received.
760	760	J. If no written notice of intent to attend the public
761	761	hearing by interested parties is received, the Commission may
762	762	proceed with promulgation of the proposed rule without a public
763	763	hearing.
764	764	K. The Commission shall, by majority vote of all members,
765	765	take final action on the proposed rule and shall determine the
766	766	effective date of the rule, if any, based on the rulemaking record
767	767	and the full text of the rule.
768	768	L. Upon determination that an emergency exists, the
769	769	Commission may consider and adopt an emergency rule without prior
770	770	notice, opportunity for comment, or hearing, provided that the
771	771	usual rulemaking procedures provided in the Compact and in this
772	772	section shall be retroactively applied to the rule as soon as
773	773	reasonably possible, in no event later than ninety (90) days after
774	774	the effective date of the rule. For the purposes of this provision,
775	775	an emergency rule is one that must be adopted immediately in order
776	776	to:
777	777	1. Meet an imminent threat to public health, safety,
778	778	or welfare;
779	779	2. Prevent a loss of Commission or member state funds;
780	780	or
781	781	3. Meet a deadline for the promulgation of an
782	782	administrative rule that is established by federal law or rule.
783	783	M. The Commission or an authorized committee of the
784	784	Commission may direct revisions to a previously adopted rule or
785	785	amendment for purposes of correcting typographical errors, errors
786	786	in format, errors in consistency, or grammatical errors. Public
787	787	notice of any revisions shall be posted on the website of the
788	788	Commission. The revision shall be subject to challenge by any
789	789	person for a period of thirty (30) days after posting. The revision
790	790	may be challenged only on grounds that the revision results in a
791	791	material change to a rule. A challenge shall be made in writing and
792	792	delivered to the chair of the Commission prior to the end of the
793	793	notice period. If no challenge is made, the revision shall take
794	794	effect without further action. If the revision is challenged, the
795	795	revision may not take effect without the approval of the
796	796	Commission.
797	797	SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
798	798	A. Dispute Resolution
799	799	1. Upon request by a member state, the Commission
800	800	shall attempt to resolve disputes related to the Compact that arise
801	801	among member states and between member and non-member states.
802	802	2. The Commission shall promulgate a rule providing
803	803	for both mediation and binding dispute resolution for disputes as
804	804	appropriate.
805	805	B. Enforcement
806	806	1. The Commission, in the reasonable exercise of its
807	807	discretion, shall enforce the provisions and rules of this Compact.
808	808	2. By majority vote, the Commission may initiate legal
809	809	action in the United States District Court for the District of
810	810	Columbia or the federal district where the Commission has its
811	811	principal offices against a member state in default to enforce
812	812	compliance with the provisions of the Compact and its promulgated
813	813	rules and bylaws. The relief sought may include both injunctive
814	814	relief and damages. In the event judicial enforcement is necessary,
815	815	the prevailing member shall be awarded all costs of litigation,
816	816	including reasonable attorney's fees.
817	817	3. The remedies herein shall not be the exclusive
818	818	remedies of the Commission. The Commission may pursue any other
819	819	remedies available under federal or state law.
820	820	SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
821	821	FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND
822	822	ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
823	823	A. The Compact shall come into effect on the date on which
824	824	the Compact statute is enacted into law in the 1Oth member state.
825	825	The provisions, which become effective at that time, shall be
826	826	limited to the powers granted to the Commission relating to
827	827	assembly and the promulgation of rules. Thereafter, the Commission
828	828	shall meet and exercise rulemaking powers necessary to the
829	829	implementation and administration of the Compact.
830	830	B. Any state that joins the Compact subsequent to the
831	831	Commission's initial adoption of the rules shall be subject to the
832	832	rules as they exist on the date on which the Compact becomes law in
833	833	that state. Any rule that has been previously adopted by the
834	834	Commission shall have the full force and effect of law on the day
835	835	the Compact becomes law in that state.
836	836	C. Any member state may withdraw from this Compact by
837	837	enacting a statute repealing the same.
838	838	1. A member state's withdrawal shall not take effect
839	839	until six (6) months after enactment of the repealing statute.
840	840	2. Withdrawal shall not affect the continuing
841	841	requirement of the withdrawing state's audiology or
842	842	speech-language pathology licensing board to comply with the
843	843	investigative and adverse action reporting requirements of this act
844	844	prior to the effective date of withdrawal.
845	845	D. Nothing contained in this Compact shall be construed to
846	846	invalidate or prevent any audiology or speech-language pathology
847	847	licensure agreement or other cooperative arrangement between a
848	848	member state and a non-member state that does not conflict with the
849	849	provisions of this Compact.
850	850	E. This Compact may be amended by the member states. No
851	851	amendment to this Compact shall become effective and binding upon
852	852	any member state until it is enacted into the laws of all member
853	853	states.
854	854	SECTION 13. CONSTRUCTION AND SEVERABILITY
855	855	This Compact shall be liberally construed so as to effectuate
856	856	the purposes thereof. The provisions of this Compact shall be
857	857	severable and if any phrase, clause, sentence or provision of this
858	858	Compact is declared to be contrary to the constitution of any member
859	859	state or of the United States or the applicability thereof to any
860	860	government, agency, person or circumstance is held invalid, the
861	861	validity of the remainder of this Compact and the applicability
862	862	thereof to any government, agency, person or circumstance shall not
863	863	be affected thereby. If this Compact shall be held contrary to the
864	864	constitution of any member state, the Compact shall remain in full
865	865	force and effect as to the remaining member states and in full force
866	866	and effect as to the member state affected as to all severable
867	867	matters.
868	868	SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
869	869	A. Nothing herein prevents the enforcement of any other law
870	870	of a member state that is not inconsistent with the Compact.
871	871	B. All laws in a member state in conflict with the Compact
872	872	are superseded to the extent of the conflict.
873	873	C. All lawful actions of the Commission, including all rules
874	874	and bylaws promulgated by the Commission, are binding upon the
875	875	member states.
876	876	D. All agreements between the Commission and the member
877	877	states are binding in accordance with their terms.
878	878	E. In the event any provision of the Compact exceeds the
879	879	constitutional limits imposed on the legislature of any member
880	880	state, the provision shall be ineffective to the extent of the
881	881	conflict with the constitutional provision in question in that
882	882	member state.
883	883	Sec. 401.552. ADMINISTRATION OF COMPACT. The department is
884	884	the Audiology and Speech-Language Pathology Compact administrator
885	885	for this state.
886	886	Sec. 401.553. RULES. The commission may adopt rules
887	887	necessary to implement this subchapter.
888	888	SECTION 2. This Act takes effect September 1, 2023.