Texas 2025 - 89th Regular

Texas House Bill HB4409 Compare Versions

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Old	New	Differences
1	1	89R43 SCP-D
2	2	By: Oliverson H.B. No. 4409
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the audiology and speech-language pathology interstate
10	10	compact; authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 401, Occupations Code, is amended by
13	13	adding Subchapter L to read as follows:
14	14	SUBCHAPTER L. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE
15	15	COMPACT
16	16	Sec. 401.551. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
17	17	INTERSTATE COMPACT. The Audiology and Speech-Language Pathology
18	18	Interstate Compact is enacted and entered into with all other
19	19	jurisdictions that legally join in the compact, which reads as
20	20	follows:
21	21	AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
22	22	SECTION 1. PURPOSE
23	23	The purpose of this Compact is to facilitate interstate
24	24	practice of audiology and speech-language pathology with the goal
25	25	of improving public access to audiology and speech-language
26	26	pathology services. The practice of audiology and speech-language
27	27	pathology occurs in the state where the patient/client/student is
28	28	located at the time of the patient/client/student encounter. The
29	29	Compact preserves the regulatory authority of states to protect
30	30	public health and safety through the current system of state
31	31	licensure.
32	32	This Compact is designed to achieve the following objectives:
33	33	1. Increase public access to audiology and
34	34	speech-language pathology services by providing for the mutual
35	35	recognition of other member state licenses;
36	36	2. Enhance the states' ability to protect the public's
37	37	health and safety;
38	38	3. Encourage the cooperation of member states in
39	39	regulating multistate audiology and speech-language pathology
40	40	practice;
41	41	4. Support spouses of relocating active duty military
42	42	personnel;
43	43	5. Enhance the exchange of licensure, investigative
44	44	and disciplinary information between member states;
45	45	6. Allow a remote state to hold a provider of services
46	46	with a compact privilege in that state accountable to that state's
47	47	practice standards; and
48	48	7. Allow for the use of telehealth technology to
49	49	facilitate increased access to audiology and speech-language
50	50	pathology services.
51	51	SECTION 2. DEFINITIONS
52	52	As used in this Compact, and except as otherwise provided,
53	53	the following definitions shall apply:
54	54	A. "Active duty military" means full-time duty status in the
55	55	active uniformed service of the United States, including members of
56	56	the National Guard and Reserve on active duty orders pursuant to 10
57	57	U.S.C. Chapter 1209 and 1211.
58	58	B. "Adverse action" means any administrative, civil,
59	59	equitable or criminal action permitted by a state's laws which is
60	60	imposed by a licensing board or other authority against an
61	61	audiologist or speech-language pathologist, including actions
62	62	against an individual's license or privilege to practice such as
63	63	revocation, suspension, probation, monitoring of the licensee, or
64	64	restriction on the licensee's practice.
65	65	C. "Alternative program" means a non-disciplinary
66	66	monitoring process approved by an audiology or speech-language
67	67	pathology licensing board to address impaired practitioners.
68	68	D. "Audiologist" means an individual who is licensed by a
69	69	state to practice audiology.
70	70	E. "Audiology" means the care and services provided by a
71	71	licensed audiologist as set forth in the member state's statutes
72	72	and rules.
73	73	F. "Audiology and Speech-Language Pathology Compact
74	74	Commission" or "Commission" means the national administrative body
75	75	whose membership consists of all states that have enacted the
76	76	Compact.
77	77	G. "Audiology and speech-language pathology licensing
78	78	board," "audiology licensing board," "speech-language pathology
79	79	licensing board," or "licensing board" means the agency of a state
80	80	that is responsible for the licensing and regulation of
81	81	audiologists and/or speech-language pathologists.
82	82	H. "Compact privilege" means the authorization granted by a
83	83	remote state to allow a licensee from another member state to
84	84	practice as an audiologist or speech-language pathologist in the
85	85	remote state under its laws and rules. The practice of audiology or
86	86	speech-language pathology occurs in the member state where the
87	87	patient/client/student is located at the time of the
88	88	patient/client/student encounter.
89	89	I. "Current significant investigative information" means
90	90	investigative information that a licensing board, after an inquiry
91	91	or investigation that includes notification and an opportunity for
92	92	the audiologist or speech-language pathologist to respond, if
93	93	required by state law, has reason to believe is not groundless and,
94	94	if proved true, would indicate more than a minor infraction.
95	95	J. "Data system" means a repository of information about
96	96	licensees, including, but not limited to, continuing education,
97	97	examination, licensure, investigative, compact privilege and
98	98	adverse action.
99	99	K. "Encumbered license" means a license in which an adverse
100	100	action restricts the practice of audiology or speech-language
101	101	pathology by the licensee and said adverse action has been reported
102	102	to the National Practitioners Data Bank (NPDB).
103	103	L. "Executive Committee" means a group of directors elected
104	104	or appointed to act on behalf of, and within the powers granted to
105	105	them by, the Commission.
106	106	M. "Home state" means the member state that is the
107	107	licensee's primary state of residence.
108	108	N. "Impaired practitioner" means individuals whose
109	109	professional practice is adversely affected by substance abuse,
110	110	addiction, or other health-related conditions.
111	111	O. "Licensee" means an individual who currently holds an
112	112	authorization from the state licensing board to practice as an
113	113	audiologist or speech-language pathologist.
114	114	P. "Member state" means a state that has enacted the
115	115	Compact.
116	116	Q. "Privilege to practice" means a legal authorization
117	117	permitting the practice of audiology or speech-language pathology
118	118	in a remote state.
119	119	R. "Remote state" means a member state other than the home
120	120	state where a licensee is exercising or seeking to exercise the
121	121	compact privilege.
122	122	S. "Rule" means a regulation, principle or directive
123	123	promulgated by the Commission that has the force of law.
124	124	T. "Single-state license" means an audiology or
125	125	speech-language pathology license issued by a member state that
126	126	authorizes practice only within the issuing state and does not
127	127	include a privilege to practice in any other member state.
128	128	U. "Speech-language pathologist" means an individual who is
129	129	licensed by a state to practice speech-language pathology.
130	130	V. "Speech-language pathology means the care and services
131	131	provided by a licensed speech-language pathologist as set forth in
132	132	the member state's statutes and rules.
133	133	W. "State" means any state, commonwealth, district or
134	134	territory of the United States of America that regulates the
135	135	practice of audiology and speech-language pathology.
136	136	X. "State practice laws" means a member state's laws, rules
137	137	and regulations that govern the practice of audiology or
138	138	speech-language pathology, define the scope of audiology or
139	139	speech-language pathology practice, and create the methods and
140	140	grounds for imposing discipline.
141	141	Y. "Telehealth" means the application of telecommunication
142	142	technology to deliver audiology or speech-language pathology
143	143	services at a distance for assessment, intervention and/or
144	144	consultation.
145	145	SECTION 3. STATE PARTICIPATION IN THE COMPACT
146	146	A. A license issued to an audiologist or speech-language
147	147	pathologist by a home state to a resident in that state shall be
148	148	recognized by each member state as authorizing an audiologist or
149	149	speech-language pathologist to practice audiology or
150	150	speech-language pathology, under a privilege to practice, in each
151	151	member state.
152	152	B. A state must implement or utilize procedures for
153	153	considering the criminal history records of applicants for initial
154	154	privilege to practice. These procedures shall include the
155	155	submission of fingerprints or other biometric-based information by
156	156	applicants for the purpose of obtaining an applicant's criminal
157	157	history record information from the Federal Bureau of Investigation
158	158	and the agency responsible for retaining that state's criminal
159	159	records
160	160	1. A member state must fully implement a criminal
161	161	background check requirement, within a time frame established by
162	162	rule, by receiving the results of the Federal Bureau of
163	163	Investigation record search on criminal background checks and use
164	164	the results in making licensure decisions.
165	165	2. Communication between a member state, the
166	166	Commission and among member states regarding the verification of
167	167	eligibility for licensure through the Compact shall not include any
168	168	information received from the Federal Bureau of Investigation
169	169	relating to a federal criminal records check performed by a member
170	170	state under Public Law 92-544.
171	171	C. Upon application for a privilege to practice, the
172	172	licensing board in the issuing remote state shall ascertain,
173	173	through the data system, whether the applicant has ever held, or is
174	174	the holder of, a license issued by any other state, whether there
175	175	are any encumbrances on any license or privilege to practice held by
176	176	the applicant, whether any adverse action has been taken against
177	177	any license or privilege to practice held by the applicant.
178	178	D. Each member state shall require an applicant to obtain or
179	179	retain a license in the home state and meet the home state's
180	180	qualifications for licensure or renewal of licensure, as well as,
181	181	all other applicable state laws.
182	182	E. For an audiologist:
183	183	1. Must meet one of the following educational
184	184	requirements:
185	185	a. On or before, Dec. 31, 2007, has graduated
186	186	with a master's degree or doctorate in audiology, or equivalent
187	187	degree regardless of degree name, from a program that is accredited
188	188	by an accrediting agency recognized by the Council for Higher
189	189	Education Accreditation, or its successor, or by the United States
190	190	Department of Education and operated by a college or university
191	191	accredited by a regional or national accrediting organization
192	192	recognized by the board; or
193	193	b. On or after, Jan. 1, 2008, has graduated with a
194	194	Doctoral degree in audiology, or equivalent degree, regardless of
195	195	degree name, from a program that is accredited by an accrediting
196	196	agency recognized by the Council for Higher Education
197	197	Accreditation, or its successor, or by the United States Department
198	198	of Education and operated by a college or university accredited by a
199	199	regional or national accrediting organization recognized by the
200	200	board; or
201	201	c. Has graduated from an audiology program that
202	202	is housed in an institution of higher education outside of the
203	203	United States (a) for which the program and institution have been
204	204	approved by the authorized accrediting body in the applicable
205	205	country and (b) the degree program has been verified by an
206	206	independent credentials review agency to be comparable to a state
207	207	licensing board-approved program.
208	208	2. Has completed a supervised clinical practicum
209	209	experience from an accredited educational institution or its
210	210	cooperating programs as required by the Commission;
211	211	3. Has successfully passed a national examination
212	212	approved by the Commission;
213	213	4. Holds an active, unencumbered license;
214	214	5. Has not been convicted or found guilty, and has not
215	215	entered into an agreed disposition, of a felony related to the
216	216	practice of audiology, under applicable state or federal criminal
217	217	law;
218	218	6. Has a valid United States Social Security or
219	219	National Practitioner Identification number.
220	220	F. For a speech-language pathologist:
221	221	1. Must meet one of the following educational
222	222	requirements:
223	223	a. Has graduated with a master's degree from a
224	224	speech-language pathology program that is accredited by an
225	225	organization recognized by the United States Department of
226	226	Education and operated by a college or university accredited by a
227	227	regional or national accrediting organization recognized by the
228	228	board; or
229	229	b. Has graduated from a speech-language
230	230	pathology program that is housed in an institution of higher
231	231	education outside of the United States (a) for which the program and
232	232	institution have been approved by the authorized accrediting body
233	233	in the applicable country and (b) the degree program has been
234	234	verified by an independent credentials review agency to be
235	235	comparable to a state licensing board-approved program.
236	236	2. Has completed a supervised clinical practicum
237	237	experience from an educational institution or its cooperating
238	238	programs as required by the Commission;
239	239	3. Has completed a supervised postgraduate
240	240	professional experience as required by the Commission
241	241	4. Has successfully passed a national examination
242	242	approved by the Commission;
243	243	5. Holds an active, unencumbered license;
244	244	6. Has not been convicted or found guilty, and has not
245	245	entered into an agreed disposition, of a felony related to the
246	246	practice of speech-language pathology, under applicable state or
247	247	federal criminal law;
248	248	7. Has a valid United States Social Security or
249	249	National Practitioner Identification number.
250	250	G. The privilege to practice is derived from the home state
251	251	license.
252	252	H. An audiologist or speech-language pathologist practicing
253	253	in a member state must comply with the state practice laws of the
254	254	state in which the client is located at the time service is
255	255	provided. The practice of audiology and speech-language pathology
256	256	shall include all audiology and speech-language pathology practice
257	257	as defined by the state practice laws of the member state in which
258	258	the client is located. The practice of audiology and
259	259	speech-language pathology in a member state under a privilege to
260	260	practice shall subject an audiologist or speech-language
261	261	pathologist to the jurisdiction of the licensing board, the courts
262	262	and the laws of the member state in which the client is located at
263	263	the time service is provided.
264	264	I. Individuals not residing in a member state shall continue
265	265	to be able to apply for a member state's single-state license as
266	266	provided under the laws of each member state. However, the
267	267	single-state license granted to these individuals shall not be
268	268	recognized as granting the privilege to practice audiology or
269	269	speech-language pathology in any other member state. Nothing in
270	270	this Compact shall affect the requirements established by a member
271	271	state for the issuance of a single-state license.
272	272	J. Member states may charge a fee for granting a compact
273	273	privilege.
274	274	K. Member states must comply with the bylaws and rules and
275	275	regulations of the Commission.
276	276	SECTION 4. COMPACT PRIVILEGE
277	277	A. To exercise the compact privilege under the terms and
278	278	provisions of the Compact, the audiologist or speech-language
279	279	pathologist shall:
280	280	1. Hold an active license in the home state;
281	281	2. Have no encumbrance on any state license;
282	282	3. Be eligible for a compact privilege in any member
283	283	state in accordance with Section 3;
284	284	4. Have not had any adverse action against any license
285	285	or compact privilege within the previous 2 years from date of
286	286	application;
287	287	5. Notify the Commission that the licensee is seeking
288	288	the compact privilege within a remote state(s);
289	289	6. Pay any applicable fees, including any state fee,
290	290	for the compact privilege;
291	291	7. Report to the Commission adverse action taken by
292	292	any non-member state within 30 days from the date the adverse action
293	293	is taken.
294	294	B. For the purposes of the compact privilege, an audiologist
295	295	or speech-language pathologist shall only hold one home state
296	296	license at a time.
297	297	C. Except as provided in Section 6, if an audiologist or
298	298	speech-language pathologist changes primary state of residence by
299	299	moving between two-member states, the audiologist or
300	300	speech-language pathologist must apply for licensure in the new
301	301	home state, and the license issued by the prior home state shall be
302	302	deactivated in accordance with applicable rules adopted by the
303	303	Commission.
304	304	D. The audiologist or speech-language pathologist may apply
305	305	for licensure in advance of a change in primary state of residence.
306	306	E. A license shall not be issued by the new home state until
307	307	the audiologist or speech-language pathologist provides
308	308	satisfactory evidence of a change in primary state of residence to
309	309	the new home state and satisfies all applicable requirements to
310	310	obtain a license from the new home state.
311	311	F. If an audiologist or speech-language pathologist changes
312	312	primary state of residence by moving from a member state to a
313	313	non-member state, the license issued by the prior home state shall
314	314	convert to a single-state license, valid only in the former home
315	315	state.
316	316	G. The compact privilege is valid until the expiration date
317	317	of the home state license. The licensee must comply with the
318	318	requirements of Section 4A to maintain the compact privilege in the
319	319	remote state.
320	320	H. A licensee providing audiology or speech-language
321	321	pathology services in a remote state under the compact privilege
322	322	shall function within the laws and regulations of the remote state.
323	323	I. A licensee providing audiology or speech-language
324	324	pathology services in a remote state is subject to that state's
325	325	regulatory authority. A remote state may, in accordance with due
326	326	process and that state's laws, remove a licensee's compact
327	327	privilege in the remote state for a specific period of time, impose
328	328	fines, and/or take any other necessary actions to protect the
329	329	health and safety of its citizens.
330	330	J. If a home state license is encumbered, the licensee shall
331	331	lose the compact privilege in any remote state until the following
332	332	occur:
333	333	1. The home state license is no longer encumbered; and
334	334	2. Two years have elapsed from the date of the adverse
335	335	action.
336	336	K. Once an encumbered license in the home state is restored
337	337	to good standing, the licensee must meet the requirements of
338	338	Section 4A to obtain a compact privilege in any remote state.
339	339	L. Once the requirements of Section 4J have been met, the
340	340	licensee must meet the requirements in Section 4A to obtain a
341	341	compact privilege in a remote state.
342	342	SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
343	343	Member states shall recognize the right of an audiologist or
344	344	speech-language pathologist, licensed by a home state in accordance
345	345	with Section 3 and under rules promulgated by the Commission, to
346	346	practice audiology or speech-language pathology in any member state
347	347	via telehealth under a privilege to practice as provided in the
348	348	Compact and rules promulgated by the Commission.
349	349	SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
350	350	Active duty military personnel, or their spouse, shall
351	351	designate a home state where the individual has a current license in
352	352	good standing. The individual may retain the home state
353	353	designation during the period the service member is on active duty.
354	354	Subsequent to designating a home state, the individual shall only
355	355	change their home state through application for licensure in the
356	356	new state.
357	357	SECTION 7. ADVERSE ACTIONS
358	358	A. In addition to the other powers conferred by state law, a
359	359	remote state shall have the authority, in accordance with existing
360	360	state due process law, to:
361	361	1. Take adverse action against an audiologist's or
362	362	speech-language pathologist's privilege to practice within that
363	363	member state.
364	364	2. Issue subpoenas for both hearings and
365	365	investigations that require the attendance and testimony of
366	366	witnesses as well as the production of evidence. Subpoenas issued
367	367	by a licensing board in a member state for the attendance and
368	368	testimony of witnesses or the production of evidence from another
369	369	member state shall be enforced in the latter state by any court of
370	370	competent jurisdiction, according to the practice and procedure of
371	371	that court applicable to subpoenas issued in proceedings pending
372	372	before it. The issuing authority shall pay any witness fees, travel
373	373	expenses, mileage and other fees required by the service statutes
374	374	of the state in which the witnesses or evidence are located.
375	375	3. Only the home state shall have the power to take
376	376	adverse action against a audiologist's or speech-language
377	377	pathologist's license issued by the home state.
378	378	B. For purposes of taking adverse action, the home state
379	379	shall give the same priority and effect to reported conduct
380	380	received from a member state as it would if the conduct had occurred
381	381	within the home state. In so doing, the home state shall apply its
382	382	own state laws to determine appropriate action.
383	383	C. The home state shall complete any pending investigations
384	384	of an audiologist or speech-language pathologist who changes
385	385	primary state of residence during the course of the investigations.
386	386	The home state shall also have the authority to take appropriate
387	387	action(s) and shall promptly report the conclusions of the
388	388	investigations to the administrator of the data system. The
389	389	administrator of the coordinated licensure information system
390	390	shall promptly notify the new home state of any adverse actions.
391	391	D. If otherwise permitted by state law, the member state may
392	392	recover from the affected audiologist or speech-language
393	393	pathologist the costs of investigations and disposition of cases
394	394	resulting from any adverse action taken against that audiologist or
395	395	speech-language pathologist.
396	396	E. The member state may take adverse action based on the
397	397	factual findings of the remote state, provided that the member
398	398	state follows the member state's own procedures for taking the
399	399	adverse action.
400	400	F. Joint Investigations
401	401	1. In addition to the authority granted to a member
402	402	state by its respective audiology or speech-language pathology
403	403	practice act or other applicable state law, any member state may
404	404	participate with other member states in joint investigations of
405	405	licensees.
406	406	2. Member states shall share any investigative,
407	407	litigation, or compliance materials in furtherance of any joint or
408	408	individual investigation initiated under the Compact.
409	409	G. If adverse action is taken by the home state against an
410	410	audiologist's or speech language pathologist's license, the
411	411	audiologist's or speech-language pathologist's privilege to
412	412	practice in all other member states shall be deactivated until all
413	413	encumbrances have been removed from the state license. All home
414	414	state disciplinary orders that impose adverse action against an
415	415	audiologist's or speech language pathologist's license shall
416	416	include a statement that the audiologist's or speech-language
417	417	pathologist's privilege to practice is deactivated in all member
418	418	states during the pendency of the order.
419	419	H. If a member state takes adverse action, it shall promptly
420	420	notify the administrator of the data system. The administrator of
421	421	the data system shall promptly notify the home state of any adverse
422	422	actions by remote states.
423	423	I. Nothing in this Compact shall override a member state's
424	424	decision that participation in an alternative program may be used
425	425	in lieu of adverse action.
426	426	SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
427	427	PATHOLOGY COMPACT COMMISSION
428	428	A. The Compact member states hereby create and establish a
429	429	joint public agency known as the Audiology and Speech-Language
430	430	Pathology Compact Commission:
431	431	1. The Commission is an instrumentality of the Compact
432	432	states.
433	433	2. Venue is proper and judicial proceedings by or
434	434	against the Commission shall be brought solely and exclusively in a
435	435	court of competent jurisdiction where the principal office of the
436	436	Commission is located. The Commission may waive venue and
437	437	jurisdictional defenses to the extent it adopts or consents to
438	438	participate in alternative dispute resolution proceedings.
439	439	3. Nothing in this Compact shall be construed to be a
440	440	waiver of sovereign immunity.
441	441	B. Membership, Voting and Meetings
442	442	1. Each member state shall have two (2) delegates
443	443	selected by that member state's licensing board. The delegates
444	444	shall be current members of the licensing board. One shall be an
445	445	audiologist and one shall be a speech-language pathologist.
446	446	2. An additional five (5) delegates, who are either a
447	447	public member or board administrator from a state licensing board,
448	448	shall be chosen by the Executive Committee from a pool of nominees
449	449	provided by the Commission at Large.
450	450	3. Any delegate may be removed or suspended from
451	451	office as provided by the law of the state from which the delegate
452	452	is appointed.
453	453	4. The member state board shall fill any vacancy
454	454	occurring on the Commission, within 90 days.
455	455	5. Each delegate shall be entitled to one (1) vote with
456	456	regard to the promulgation of rules and creation of bylaws and shall
457	457	otherwise have an opportunity to participate in the business and
458	458	affairs of the Commission.
459	459	6. A delegate shall vote in person or by other means as
460	460	provided in the bylaws. The bylaws may provide for delegates'
461	461	participation in meetings by telephone or other means of
462	462	communication.
463	463	7. The Commission shall meet at least once during each
464	464	calendar year. Additional meetings shall be held as set forth in the
465	465	bylaws.
466	466	C. The Commission shall have the following powers and
467	467	duties:
468	468	1. Establish the fiscal year of the Commission;
469	469	2. Establish bylaws;
470	470	3. Establish a Code of Ethics;
471	471	4. Maintain its financial records in accordance with
472	472	the bylaws;
473	473	5. Meet and take actions as are consistent with the
474	474	provisions of this Compact and the bylaws;
475	475	6. Promulgate uniform rules to facilitate and
476	476	coordinate implementation and administration of this Compact. The
477	477	rules shall have the force and effect of law and shall be binding in
478	478	all member states;
479	479	7. Bring and prosecute legal proceedings or actions in
480	480	the name of the Commission, provided that the standing of any state
481	481	audiology or speech-language pathology licensing board to sue or be
482	482	sued under applicable law shall not be affected;
483	483	8. Purchase and maintain insurance and bonds;
484	484	9. Borrow, accept, or contract for services of
485	485	personnel, including, but not limited to, employees of a member
486	486	state;
487	487	10. Hire employees, elect or appoint officers, fix
488	488	compensation, define duties, grant individuals appropriate
489	489	authority to carry out the purposes of the Compact, and to establish
490	490	the Commission's personnel policies and programs relating to
491	491	conflicts of interest, qualifications of personnel, and other
492	492	related personnel matters;
493	493	11. Accept any and all appropriate donations and
494	494	grants of money, equipment, supplies, materials and services, and
495	495	to receive, utilize and dispose of the same; provided that at all
496	496	times the Commission shall avoid any appearance of impropriety
497	497	and/or conflict of interest;
498	498	12. Lease, purchase, accept appropriate gifts or
499	499	donations of, or otherwise to own, hold, improve or use, any
500	500	property, real, personal or mixed; provided that at all times the
501	501	Commission shall avoid any appearance of impropriety;
502	502	13. Sell convey, mortgage, pledge, lease, exchange,
503	503	abandon, or otherwise dispose of any property real, personal, or
504	504	mixed;
505	505	14. Establish a budget and make expenditures;
506	506	15. Borrow money;
507	507	16. Appoint committees, including standing committees
508	508	composed of members, and other interested persons as may be
509	509	designated in this Compact and the bylaws;
510	510	17. Provide and receive information from, and
511	511	cooperate with, law enforcement agencies;
512	512	18. Establish and elect an Executive Committee; and
513	513	19. Perform other functions as may be necessary or
514	514	appropriate to achieve the purposes of this Compact consistent with
515	515	the state regulation of audiology and speech-language pathology
516	516	licensure and practice.
517	517	D. The Executive Committee
518	518	The Executive Committee shall have the power to act on behalf
519	519	of the Commission according to the terms of this Compact:
520	520	1. The Executive Committee shall be composed of ten
521	521	(10) members:
522	522	a. Seven (7) voting members who are elected by
523	523	the Commission from the current membership of the Commission;
524	524	b. Two (2) ex-officios, consisting of one
525	525	nonvoting member from a recognized national audiology professional
526	526	association and one nonvoting member from a recognized national
527	527	speech-language pathology association; and
528	528	c. One (1) ex-officio, nonvoting member from the
529	529	recognized membership organization of the audiology and
530	530	speech-language pathology licensing boards.
531	531	E. The ex-officio members shall be selected by their
532	532	respective organizations.
533	533	1. The Commission may remove any member of the
534	534	Executive Committee as provided in bylaws.
535	535	2. The Executive Committee shall meet at least
536	536	annually.
537	537	3. The Executive Committee shall have the following
538	538	duties and responsibilities:
539	539	a. Recommend to the entire Commission changes to
540	540	the rules or bylaws, changes to this Compact legislation, fees paid
541	541	by Compact member states such as annual dues, and any commission
542	542	Compact fee charged to licensees for the compact privilege;
543	543	b. Ensure Compact administration services are
544	544	appropriately provided, contractual or otherwise;
545	545	c. Prepare and recommend the budget;
546	546	d. Maintain financial records on behalf of the
547	547	Commission;
548	548	e. Monitor Compact compliance of member states
549	549	and provide compliance reports to the Commission;
550	550	f. Establish additional committees as necessary;
551	551	and
552	552	g. Other duties as provided in rules or bylaws.
553	553	4. Meetings of the Commission
554	554	All meetings shall be open to the public, and public notice of
555	555	meetings shall be given in the same manner as required under the
556	556	rulemaking provisions in Section 10.
557	557	5. The Commission or the Executive Committee or other
558	558	committees of the Commission may convene in a closed, non-public
559	559	meeting if the Commission or Executive Committee or other
560	560	committees of the Commission must discuss:
561	561	a. Non-compliance of a member state with its
562	562	obligations under the Compact;
563	563	b. The employment, compensation, discipline or
564	564	other matters, practices or procedures related to specific
565	565	employees or other matters related to the Commission's internal
566	566	personnel practices and procedures;
567	567	c. Current, threatened, or reasonably
568	568	anticipated litigation;
569	569	d. Negotiation of contracts for the purchase,
570	570	lease, or sale of goods, services, or real estate;
571	571	e. Accusing any person of a crime or formally
572	572	censuring any person;
573	573	f. Disclosure of trade secrets or commercial or
574	574	financial information that is privileged or confidential;
575	575	g. Disclosure of information of a personal nature
576	576	where disclosure would constitute a clearly unwarranted invasion of
577	577	personal privacy;
578	578	h. Disclosure of investigative records compiled
579	579	for law enforcement purposes;
580	580	i. Disclosure of information related to any
581	581	investigative reports prepared by or on behalf of or for use of the
582	582	Commission or other committee charged with responsibility of
583	583	investigation or determination of compliance issues pursuant to the
584	584	Compact; or
585	585	j. Matters specifically exempted from disclosure
586	586	by federal or member state statute.
587	587	6. If a meeting, or portion of a meeting, is closed
588	588	pursuant to this provision, the Commission's legal counsel or
589	589	designee shall certify that the meeting may be closed and shall
590	590	reference each relevant exempting provision.
591	591	7. The Commission shall keep minutes that fully and
592	592	clearly describe all matters discussed in a meeting and shall
593	593	provide a full and accurate summary of actions taken, and the
594	594	reasons therefore, including a description of the views expressed.
595	595	All documents considered in connection with an action shall be
596	596	identified in minutes. All minutes and documents of a closed
597	597	meeting shall remain under seal, subject to release by a majority
598	598	vote of the Commission or order of a court of competent
599	599	jurisdiction.
600	600	8. Financing of the Commission
601	601	a. The Commission shall pay, or provide for the
602	602	payment of, the reasonable expenses of its establishment,
603	603	organization, and ongoing activities.
604	604	b. The Commission may accept any and all
605	605	appropriate revenue sources, donations, and grants of money,
606	606	equipment, supplies, materials, and services.
607	607	c. The Commission may levy on and collect an
608	608	annual assessment from each member state or impose fees on other
609	609	parties to cover the cost of the operations and activities of the
610	610	Commission and its staff, which must be in a total amount sufficient
611	611	to cover its annual budget as approved each year for which revenue
612	612	is not provided by other sources. The aggregate annual assessment
613	613	amount shall be allocated based upon a formula to be determined by
614	614	the Commission, which shall promulgate a rule binding upon all
615	615	member states.
616	616	9. The Commission shall not incur obligations of any
617	617	kind prior to securing the funds adequate to meet the same; nor
618	618	shall the Commission pledge the credit of any of the member states,
619	619	except by and with the authority of the member state.
620	620	10. The Commission shall keep accurate accounts of all
621	621	receipts and disbursements. The receipts and disbursements of the
622	622	Commission shall be subject to the audit and accounting procedures
623	623	established under its bylaws. However, all receipts and
624	624	disbursements of funds handled by the Commission shall be audited
625	625	yearly by a certified or licensed public accountant, and the report
626	626	of the audit shall be included in and become part of the annual
627	627	report of the Commission.
628	628	F. Qualified Immunity, Defense, and Indemnification
629	629	1. The members, officers, executive director,
630	630	employees and representatives of the Commission shall be immune
631	631	from suit and liability, either personally or in their official
632	632	capacity, for any claim for damage to or loss of property or
633	633	personal injury or other civil liability caused by or arising out of
634	634	any actual or alleged act, error or omission that occurred, or that
635	635	the person against whom the claim is made had a reasonable basis for
636	636	believing occurred within the scope of Commission employment,
637	637	duties or responsibilities; provided that nothing in this paragraph
638	638	shall be construed to protect any person from suit and/or liability
639	639	for any damage, loss, injury, or liability caused by the
640	640	intentional or willful or wanton misconduct of that person.
641	641	2. The Commission shall defend any member, officer,
642	642	executive director, employee or representative of the Commission in
643	643	any civil action seeking to impose liability arising out of any
644	644	actual or alleged act, error, or omission that occurred within the
645	645	scope of Commission employment, duties, or responsibilities, or
646	646	that the person against whom the claim is made had a reasonable
647	647	basis for believing occurred within the scope of Commission
648	648	employment, duties, or responsibilities; provided that nothing
649	649	herein shall be construed to prohibit that person from retaining
650	650	his or her own counsel; and provided further, that the actual or
651	651	alleged act, error, or omission did not result from that person's
652	652	intentional or willful or wanton misconduct.
653	653	3. The Commission shall indemnify and hold harmless
654	654	any member, officer, executive director, employee, or
655	655	representative of the Commission for the amount of any settlement
656	656	or judgment obtained against that person arising out of any actual
657	657	or alleged act, error or omission that occurred within the scope of
658	658	Commission employment, duties, or responsibilities, or that person
659	659	had a reasonable basis for believing occurred within the scope of
660	660	Commission employment, duties, or responsibilities, provided that
661	661	the actual or alleged act, error, or omission did not result from
662	662	the intentional or willful or wanton misconduct of that person.
663	663	SECTION 9. DATA SYSTEM
664	664	A. The Commission shall provide for the development,
665	665	maintenance, and utilization of a coordinated database and
666	666	reporting system containing licensure, adverse action, and
667	667	investigative information on all licensed individuals in member
668	668	states.
669	669	B. Notwithstanding any other provision of state law to the
670	670	contrary, a member state shall submit a uniform data set to the data
671	671	system on all individuals to whom this Compact is applicable as
672	672	required by the rules of the Commission, including:
673	673	1. Identifying information;
674	674	2. Licensure data;
675	675	3. Adverse actions against a license or compact
676	676	privilege;
677	677	4. Non-confidential information related to
678	678	alternative program participation;
679	679	5. Any denial of application for licensure, and the
680	680	reason(s) for denial; and
681	681	6. Other information that may facilitate the
682	682	administration of this Compact, as determined by the rules of the
683	683	Commission.
684	684	C. Investigative information pertaining to a licensee in
685	685	any member state shall only be available to other member states.
686	686	D. The Commission shall promptly notify all member states of
687	687	any adverse action taken against a licensee or an individual
688	688	applying for a license. Adverse action information pertaining to a
689	689	licensee in any member state shall be available to any other member
690	690	state.
691	691	E. Member states contributing information to the data
692	692	system may designate information that may not be shared with the
693	693	public without the express permission of the contributing state.
694	694	F. Any information submitted to the data system that is
695	695	subsequently required to be expunged by the laws of the member state
696	696	contributing the information shall be removed from the data system.
697	697	SECTION 10. RULEMAKING
698	698	A. The Commission shall exercise its rulemaking powers
699	699	pursuant to the criteria set forth in this Section and the rules
700	700	adopted thereunder. Rules and amendments shall become binding as
701	701	of the date specified in each rule or amendment.
702	702	B. If a majority of the legislatures of the member states
703	703	rejects a rule, by enactment of a statute or resolution in the same
704	704	manner used to adopt the Compact within 4 years of the date of
705	705	adoption of the rule, the rule shall have no further force and
706	706	effect in any member state.
707	707	C. Rules or amendments to the rules shall be adopted at a
708	708	regular or special meeting of the Commission.
709	709	D. Prior to promulgation and adoption of a final rule or
710	710	rules by the Commission, and at least thirty (30) days in advance of
711	711	the meeting at which the rule shall be considered and voted upon,
712	712	the Commission shall file a Notice of Proposed Rulemaking:
713	713	1. On the website of the Commission or other publicly
714	714	accessible platform; and
715	715	2. On the website of each member state audiology or
716	716	speech-language pathology licensing board or other publicly
717	717	accessible platform or the publication in which each state would
718	718	otherwise publish proposed rules.
719	719	E. The Notice of Proposed Rulemaking shall include:
720	720	1. The proposed time, date, and location of the
721	721	meeting in which the rule shall be considered and voted upon;
722	722	2. The text of the proposed rule or amendment and the
723	723	reason for the proposed rule;
724	724	3. A request for comments on the proposed rule from any
725	725	interested person; and
726	726	4. The manner in which interested persons may submit
727	727	notice to the Commission of their intention to attend the public
728	728	hearing and any written comments.
729	729	F. Prior to the adoption of a proposed rule, the Commission
730	730	shall allow persons to submit written data, facts, opinions and
731	731	arguments, which shall be made available to the public.
732	732	G. The Commission shall grant an opportunity for a public
733	733	hearing before it adopts a rule or amendment if a hearing is
734	734	requested by:
735	735	1. At least twenty-five (25) persons;
736	736	2. A state or federal governmental subdivision or
737	737	agency; or
738	738	3. An association having at least twenty-five (25)
739	739	members.
740	740	H. If a hearing is held on the proposed rule or amendment,
741	741	the Commission shall publish the place, time, and date of the
742	742	scheduled public hearing. If the hearing is held via electronic
743	743	means, the Commission shall publish the mechanism for access to the
744	744	electronic hearing.
745	745	1. All persons wishing to be heard at the hearing shall
746	746	notify the executive director of the Commission or other designated
747	747	member in writing of their desire to appear and testify at the
748	748	hearing not less than five (5) business days before the scheduled
749	749	date of the hearing.
750	750	2. Hearings shall be conducted in a manner providing
751	751	each person who wishes to comment a fair and reasonable opportunity
752	752	to comment orally or in writing.
753	753	3. All hearings shall be recorded. A copy of the
754	754	recording shall be made available on request.
755	755	4. Nothing in this section shall be construed as
756	756	requiring a separate hearing on each rule. Rules may be grouped for
757	757	the convenience of the Commission at hearings required by this
758	758	section.
759	759	I. Following the scheduled hearing date, or by the close of
760	760	business on the scheduled hearing date if the hearing was not held,
761	761	the Commission shall consider all written and oral comments
762	762	received.
763	763	J. If no written notice of intent to attend the public
764	764	hearing by interested parties is received, the Commission may
765	765	proceed with promulgation of the proposed rule without a public
766	766	hearing.
767	767	K. The Commission shall, by majority vote of all members,
768	768	take final action on the proposed rule and shall determine the
769	769	effective date of the rule, if any, based on the rulemaking record
770	770	and the full text of the rule.
771	771	L. Upon determination that an emergency exists, the
772	772	Commission may consider and adopt an emergency rule without prior
773	773	notice, opportunity for comment, or hearing, provided that the
774	774	usual rulemaking procedures provided in the Compact and in this
775	775	section shall be retroactively applied to the rule as soon as
776	776	reasonably possible, in no event later than ninety (90) days after
777	777	the effective date of the rule. For the purposes of this provision,
778	778	an emergency rule is one that must be adopted immediately in order
779	779	to:
780	780	1. Meet an imminent threat to public health, safety,
781	781	or welfare;
782	782	2. Prevent a loss of Commission or member state funds;
783	783	or
784	784	3. Meet a deadline for the promulgation of an
785	785	administrative rule that is established by federal law or rule.
786	786	M. The Commission or an authorized committee of the
787	787	Commission may direct revisions to a previously adopted rule or
788	788	amendment for purposes of correcting typographical errors, errors
789	789	in format, errors in consistency, or grammatical errors. Public
790	790	notice of any revisions shall be posted on the website of the
791	791	Commission. The revision shall be subject to challenge by any
792	792	person for a period of thirty (30) days after posting. The revision
793	793	may be challenged only on grounds that the revision results in a
794	794	material change to a rule. A challenge shall be made in writing and
795	795	delivered to the chair of the Commission prior to the end of the
796	796	notice period. If no challenge is made, the revision shall take
797	797	effect without further action. If the revision is challenged, the
798	798	revision may not take effect without the approval of the
799	799	Commission.
800	800	SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
801	801	A. Dispute Resolution
802	802	1. Upon request by a member state, the Commission
803	803	shall attempt to resolve disputes related to the Compact that arise
804	804	among member states and between member and non-member states.
805	805	2. The Commission shall promulgate a rule providing
806	806	for both mediation and binding dispute resolution for disputes as
807	807	appropriate.
808	808	B. Enforcement
809	809	1. The Commission, in the reasonable exercise of its
810	810	discretion, shall enforce the provisions and rules of this Compact.
811	811	2. By majority vote, the Commission may initiate legal
812	812	action in the United States District Court for the District of
813	813	Columbia or the federal district where the Commission has its
814	814	principal offices against a member state in default to enforce
815	815	compliance with the provisions of the Compact and its promulgated
816	816	rules and bylaws. The relief sought may include both injunctive
817	817	relief and damages. In the event judicial enforcement is necessary,
818	818	the prevailing member shall be awarded all costs of litigation,
819	819	including reasonable attorney's fees.
820	820	3. The remedies herein shall not be the exclusive
821	821	remedies of the Commission. The Commission may pursue any other
822	822	remedies available under federal or state law.
823	823	SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
824	824	FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND
825	825	ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
826	826	A. The Compact shall come into effect on the date on which
827	827	the Compact statute is enacted into law in the 1Oth member state.
828	828	The provisions, which become effective at that time, shall be
829	829	limited to the powers granted to the Commission relating to
830	830	assembly and the promulgation of rules. Thereafter, the Commission
831	831	shall meet and exercise rulemaking powers necessary to the
832	832	implementation and administration of the Compact.
833	833	B. Any state that joins the Compact subsequent to the
834	834	Commission's initial adoption of the rules shall be subject to the
835	835	rules as they exist on the date on which the Compact becomes law in
836	836	that state. Any rule that has been previously adopted by the
837	837	Commission shall have the full force and effect of law on the day
838	838	the Compact becomes law in that state.
839	839	C. Any member state may withdraw from this Compact by
840	840	enacting a statute repealing the same.
841	841	1. A member state's withdrawal shall not take effect
842	842	until six (6) months after enactment of the repealing statute.
843	843	2. Withdrawal shall not affect the continuing
844	844	requirement of the withdrawing state's audiology or
845	845	speech-language pathology licensing board to comply with the
846	846	investigative and adverse action reporting requirements of this act
847	847	prior to the effective date of withdrawal.
848	848	D. Nothing contained in this Compact shall be construed to
849	849	invalidate or prevent any audiology or speech-language pathology
850	850	licensure agreement or other cooperative arrangement between a
851	851	member state and a non-member state that does not conflict with the
852	852	provisions of this Compact.
853	853	E. This Compact may be amended by the member states. No
854	854	amendment to this Compact shall become effective and binding upon
855	855	any member state until it is enacted into the laws of all member
856	856	states.
857	857	SECTION 13. CONSTRUCTION AND SEVERABILITY
858	858	This Compact shall be liberally construed so as to effectuate
859	859	the purposes thereof. The provisions of this Compact shall be
860	860	severable and if any phrase, clause, sentence or provision of this
861	861	Compact is declared to be contrary to the constitution of any member
862	862	state or of the United States or the applicability thereof to any
863	863	government, agency, person or circumstance is held invalid, the
864	864	validity of the remainder of this Compact and the applicability
865	865	thereof to any government, agency, person or circumstance shall not
866	866	be affected thereby. If this Compact shall be held contrary to the
867	867	constitution of any member state, the Compact shall remain in full
868	868	force and effect as to the remaining member states and in full force
869	869	and effect as to the member state affected as to all severable
870	870	matters.
871	871	SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
872	872	A. Nothing herein prevents the enforcement of any other law
873	873	of a member state that is not inconsistent with the Compact.
874	874	B. All laws in a member state in conflict with the Compact
875	875	are superseded to the extent of the conflict.
876	876	C. All lawful actions of the Commission, including all rules
877	877	and bylaws promulgated by the Commission, are binding upon the
878	878	member states.
879	879	D. All agreements between the Commission and the member
880	880	states are binding in accordance with their terms.
881	881	E. In the event any provision of the Compact exceeds the
882	882	constitutional limits imposed on the legislature of any member
883	883	state, the provision shall be ineffective to the extent of the
884	884	conflict with the constitutional provision in question in that
885	885	member state.
886	886	Sec. 401.552. ADMINISTRATION OF COMPACT. The department is
887	887	the Audiology and Speech-Language Pathology Interstate Compact
888	888	administrator for this state.
889	889	Sec. 401.553. RULES. The commission may adopt rules
890	890	necessary to implement this subchapter.
891	891	SECTION 2. This Act takes effect September 1, 2025.