Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB208 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 208
5	5	April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Health, Aging and Long-Term Care.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to renumber and amend 440.03 (13) (c) and 459.24 (3m); to amend
9	9	45.40 (1g) (a), 46.297 (2) (a), 46.298, 146.81 (1) (hm), 146.997 (1) (d) 12., 252.14
10	10	(1) (ar) 8., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15,
11	11	450.10 (3) (a) 11., 459.22 (2) (b), 459.24 (1) (a), 459.24 (1) (b), 459.34 (2) (intro.),
12	12	459.34 (2m) (a) (intro.), 459.34 (2m) (b), 459.34 (2m) (c), 459.34 (3) and 632.895
13	13	(16) (b) 1. a.; and to create 14.897, 440.03 (11m) (c) 2w., 440.03 (13) (c) 1. i.,
14	14	459.20 (2k), 459.20 (2m), 459.20 (3v), 459.24 (3c), 459.24 (3e), 459.30 and
15	15	subchapter III of chapter 459 [precedes 459.70] of the statutes; relating to:
16	16	ratification of the Audiology and Speech-Language Pathology Interstate
17	17	Compact, extending the time limit for emergency rule procedures, providing an
18	18	exemption from emergency rule procedures, and granting rule-making
19	19	authority.
20	20	Analysis by the Legislative Reference Bureau
21	21	This bill is explained in the NOTES provided by the Joint Legislative Council in
22	22	the bill.
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36	36	ASSEMBLY BILL 208
37	37	For further information see the state fiscal estimate, which will be printed as
38	38	an appendix to this bill.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
42	42	Legislative Council's Study Committee on Occupational Licenses.
43	43	This bill ratifies and enters Wisconsin into the Audiology and Speech-Language
44	44	Pathology Interstate Compact (compact), which allows a speech-language pathologist or
45	45	audiologist licensed in one member state (licensee) to obtain a “compact privilege” to
46	46	practice in a remote state without obtaining a license in that remote state. Significant
47	47	provisions of the compact include the following:
48	48	1. Creation of an Audiology and Speech-Language Pathology Compact
49	49	Commission (commission), which includes two members of the licensure boards of each
50	50	member state. The commission oversees administration of the compact, enforces the
51	51	compact, adopts bylaws, promulgates binding rules for the compact, hires employees and
52	52	elects or appoints officers, establishes and elects an executive committee, and has various
53	53	other powers and duties. The commission may levy and collect an annual assessment
54	54	from each member state or impose fees on other parties to cover the cost of the operations
55	55	and activities of the commission and its staff.
56	56	2. A process by which a licensee may obtain a compact privilege in another member
57	57	state, which is also referred to in the compact as a privilege to practice. A licensee
58	58	practicing in a remote state under a compact privilege is subject to that state's regulatory
59	59	authority. A remote state may take action against a licensee's compact privilege in the
60	60	remote state, at which point the licensee is not eligible for a compact privilege in any state
61	61	until certain criteria are met. The state of the licensee's primary residence, however, has
62	62	the exclusive authority to impose adverse action against a license issued by that state.
63	63	Member states may charge a fee for granting a compact privilege.
64	64	3. The ability for member state licensure boards to conduct joint investigations of
65	65	licensees and the ability of member states to issue subpoenas that are enforceable in other
66	66	states.
67	67	4. Creation of a coordinated database and reporting system containing licensure,
68	68	adverse action, and investigative information on all licensed individuals in member
69	69	states. A member state must submit a uniform data set to the data system on all
70	70	individuals to whom the compact is applicable.
71	71	5. Various provisions regarding resolutions of disputes between member states
72	72	and between member and nonmember states.
73	73	Since the compact has already been enacted by the minimum number of states
74	74	required for it to become active, the compact becomes effective in this state upon
75	75	enactment of the bill. The compact provides that it may be amended upon enactment of
76	76	an amendment by all member states. A state may withdraw from the compact by
77	77	repealing the statute authorizing the compact, but the compact provides that a
78	78	withdrawal does not take effect until six months after the effective date of that repeal.
79	79	SECTION 1. 14.897 of the statutes is created to read:
80	80	14.897 Audiology and speech-language pathology licensure compact.
81	81	There is created an audiology and speech-language pathology compact commission
82	82	as specified in s. 459.70. The delegates of the commission representing this state
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89	89	SECTION 1
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91	91	shall be individuals described in s. 459.70 (8) (b) 1. The commission has the powers
92	92	and duties granted and imposed under s. 459.70.
93	93	SECTION 2. 45.40 (1g) (a) of the statutes is amended to read:
94	94	45.40 (1g) (a) “Health care provider" means an advanced practice nurse
95	95	prescriber certified under s. 441.16 (2), an audiologist who is licensed under subch.
96	96	II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, a dentist
97	97	licensed under ch. 447, an optometrist licensed under ch. 449, a physician licensed
98	98	under s. 448.02, or a podiatrist licensed under s. 448.63.
99	99	SECTION 3. 46.297 (2) (a) of the statutes is amended to read:
100	100	46.297 (2) (a) The person is certified as deaf or severely hearing impaired by
101	101	a physician, an audiologist who is licensed under subch. II of ch. 459 or who holds a
102	102	compact privilege under subch. III of ch. 459, or the department.
103	103	SECTION 4. 46.298 of the statutes is amended to read:
104	104	46.298 Vehicle sticker for the hearing impaired. Upon the request of a
105	105	person who is certified as hearing impaired by the department, by a physician, by a
106	106	hearing instrument specialist licensed under subch. I of ch. 459, or by an audiologist
107	107	who is licensed under subch. II of ch. 459 or who holds a compact privilege under
108	108	subch. III of ch. 459, the department shall issue to the person a decal or sticker for
109	109	display on a motor vehicle owned or frequently operated by the person to apprise law
110	110	enforcement officers of the fact that the vehicle is owned or operated by a
111	111	hearing-impaired person. No charge shall be made for issuance of the decal or
112	112	sticker. The department shall specify the design of the decal or sticker. The
113	113	department shall designate the location on the vehicle at which the decal or sticker
114	114	shall be affixed by its own adhesive.
115	115	SECTION 5. 146.81 (1) (hm) of the statutes is amended to read:
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142	142	SECTION 5 ASSEMBLY BILL 208
143	143	146.81 (1) (hm) A speech-language pathologist or audiologist who is licensed
144	144	under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459,
145	145	or a speech and language pathologist licensed by the department of public
146	146	instruction.
147	147	SECTION 6. 146.997 (1) (d) 12. of the statutes is amended to read:
148	148	146.997 (1) (d) 12. A speech-language pathologist or audiologist who is
149	149	licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III
150	150	of ch. 459, or a speech and language pathologist licensed by the department of public
151	151	instruction.
152	152	SECTION 7. 252.14 (1) (ar) 8. of the statutes is amended to read:
153	153	252.14 (1) (ar) 8. A speech-language pathologist or audiologist who is licensed
154	154	under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459,
155	155	or a speech and language pathologist licensed by the department of public
156	156	instruction.
157	157	SECTION 8. 440.03 (9) (a) (intro.) of the statutes is amended to read:
158	158	440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
159	159	the department shall, biennially, determine each fee for an initial credential for
160	160	which no examination is required, for a reciprocal credential, and for a credential
161	161	renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 459.71 (2)
162	162	by doing all of the following:
163	163	SECTION 9. 440.03 (9) (a) 2. of the statutes is amended to read:
164	164	440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
165	165	adjusting for the succeeding fiscal biennium each fee for an initial credential for
166	166	which an examination is not required, for a reciprocal credential, and, subject to s.
167	167	440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
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195	195	SECTION 9
196	196	ASSEMBLY BILL 208
197	197	and, 448.9875 (2), and 459.71 (2), if an adjustment is necessary to reflect the
198	198	approximate administrative and enforcement costs of the department that are
199	199	attributable to the regulation of the particular occupation or business during the
200	200	period in which the initial or reciprocal credential, credential renewal, or compact
201	201	privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
202	202	an estimate of any additional moneys available for the department's general
203	203	program operations as a result of appropriation transfers that have been or are
204	204	estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
205	205	at the time of the deadline for an adjustment under this subdivision or during the
206	206	fiscal biennium beginning on the July 1 immediately following the deadline for an
207	207	adjustment under this subdivision.
208	208	SECTION 10. 440.03 (11m) (c) 2w. of the statutes is created to read:
209	209	440.03 (11m) (c) 2w. The coordinated database and reporting system under s.
210	210	459.70 (9), if such disclosure is required under the audiology and speech-language
211	211	pathology interstate compact under s. 459.70.
212	212	SECTION 11. 440.03 (13) (b) (intro.) of the statutes is amended to read:
213	213	440.03 (13) (b) (intro.) The department may investigate whether an applicant
214	214	for or holder of any of the following credentials has been charged with or convicted
215	215	of a crime only pursuant to rules promulgated by the department under this
216	216	paragraph, including rules that establish the criteria that the department will use
217	217	to determine whether an investigation under this paragraph is necessary, except as
218	218	provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
219	219	448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 459.70 (3) (b)
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246	246	SECTION 12 ASSEMBLY BILL 208
247	247	SECTION 12. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
248	248	(intro.) and amended to read:
249	249	440.03 (13) (c) 1. (intro.) The department shall require an all of the following
250	250	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
251	251	set of the person's fingerprints:
252	252	a. An applicant for a private detective license or a private security permit under
253	253	s. 440.26, an.
254	254	b. An applicant for a juvenile martial arts instructor permit under sub. (17),
255	255	an.
256	256	c. An applicant for a real estate appraiser certification under s. 458.06 or
257	257	license under s. 458.08, an.
258	258	d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
259	259	e. An applicant for a compact license under s. 448.05 (2) (f), an.
260	260	f. An applicant for a physical therapist license under s. 448.53 or physical
261	261	therapist assistant license under s. 448.535, an.
262	262	g. An applicant for an occupational therapist or occupational therapy assistant
263	263	compact privilege under s. 448.987 (4), and an applicant for an occupational
264	264	therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
265	265	a., an
266	266	h. An applicant for a psychologist license under s. 455.04, and a.
267	267	z. A person for whom the department conducts an investigation under par. (b),
268	268	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
269	269	set of the person's fingerprints.
270	270	2. The department of justice may submit the fingerprint cards, and the
271	271	department of justice shall submit the fingerprint cards of all applicants for a real
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299	299	SECTION 12
300	300	ASSEMBLY BILL 208
301	301	estate appraiser certification under s. 458.06 or license under s. 458.08, of all
302	302	applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
303	303	for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
304	304	license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
305	305	of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
306	306	i., to the federal bureau of investigation for the purpose of verifying the identity of
307	307	the persons fingerprinted and obtaining records of their criminal arrests and
308	308	convictions.
309	309	3. Information obtained from the federal bureau of investigation may be shared
310	310	with the department or the appropriate credentialing board, but shall otherwise be
311	311	kept confidential and is not subject to disclosure under s. 19.35.
312	312	SECTION 13. 440.03 (13) (c) 1. i. of the statutes is created to read:
313	313	440.03 (13) (c) 1. i. An applicant for an audiologist or speech-language
314	314	pathologist license or compact privilege under s. 459.24 when required pursuant to
315	315	the audiology and speech-language pathology interstate compact under s. 459.70.
316	316	SECTION 14. 440.15 of the statutes is amended to read:
317	317	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
318	318	441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
319	319	2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 459.70
320	320	(3) (b) 1., the department or a credentialing board may not require that an applicant
321	321	for a credential or a credential holder be fingerprinted or submit fingerprints in
322	322	connection with the department's or the credentialing board's credentialing.
323	323	SECTION 15. 450.10 (3) (a) 11. of the statutes is amended to read:
324	324	450.10 (3) (a) 11. A speech-language pathologist or audiologist who is licensed
325	325	under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459,
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352	352	SECTION 15 ASSEMBLY BILL 208
353	353	or a speech and language pathologist licensed by the department of public
354	354	instruction.
355	355	SECTION 16. 459.20 (2k) of the statutes is created to read:
356	356	459.20 (2k) “Compact” means the audiology and speech-language pathology
357	357	interstate compact.
358	358	SECTION 17. 459.20 (2m) of the statutes is created to read:
359	359	459.20 (2m) “Compact privilege” means a compact privilege, as defined in s.
360	360	459.70 (2) (h), that is granted under the audiology and speech-language pathology
361	361	interstate compact under s. 459.70 to an individual to practice in this state.
362	362	SECTION 18. 459.20 (3v) of the statutes is created to read:
363	363	459.20 (3v) “Single-state license” has the meaning given in s. 459.70 (2) (t).
364	364	SECTION 19. 459.22 (2) (b) of the statutes is amended to read:
365	365	459.22 (2) (b) Authorize a speech-language pathologist who is licensed under
366	366	this subchapter or who holds a valid compact privilege to dispense or sell hearing aids
367	367	without obtaining a hearing instrument specialist license under subch. I.
368	368	SECTION 20. 459.24 (1) (a) of the statutes is amended to read:
369	369	459.24 (1) (a) Engage in the practice of speech-language pathology or use the
370	370	title “speech-language pathologist" or any similar title unless the person holds a
371	371	current speech-language pathologist license granted by the examining board under
372	372	sub. (2) or (6) (a) or holds a valid compact privilege.
373	373	SECTION 21. 459.24 (1) (b) of the statutes is amended to read:
374	374	459.24 (1) (b) Engage in the practice of audiology or use the title “audiologist,"
375	375	“clinical audiologist," or any similar title unless the person holds a current
376	376	audiologist license granted by the examining board under sub. (3) or (6) (b) or holds
377	377	a valid compact privilege.
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405	405	SECTION 22
406	406	ASSEMBLY BILL 208
407	407	SECTION 22. 459.24 (3c) of the statutes is created to read:
408	408	459.24 (3c) TYPES OF LICENSES. (a) A license granted under sub. (2) or (3) may
409	409	be either of the following:
410	410	1. A license that, subject to s. 459.70 (4), entitles the holder to obtain and
411	411	exercise a compact privilege in other states that are parties to the compact.
412	412	2. A single-state license, which only entitles the holder to practice in this state.
413	413	Nothing in the compact applies to the holder of a single-state license unless
414	414	otherwise applicable under this subchapter.
415	415	(b) When applying for a license under sub. (2) or (3), an individual shall specify
416	416	whether he or she is applying for a license under par. (a) 1. or 2.
417	417	SECTION 23. 459.24 (3e) of the statutes is created to read:
418	418	459.24 (3e) COMPACT PRIVILEGE. The examining board shall grant to any
419	419	individual to whom all of the following apply an audiologist or speech-language
420	420	pathologist, whichever is applicable, compact privilege:
421	421	(a) The individual holds an unencumbered home state license in another state
422	422	that is a party to the compact and satisfies all other requirements under s. 459.70
423	423	(4).
424	424	(b) The individual applies for the compact privilege in the manner prescribed
425	425	by the department.
426	426	(c) The individual pays any fee established by the department under s. 459.71
427	427	(2).
428	428	SECTION 24. 459.24 (3m) of the statutes is renumbered 459.30 (2), and 459.30
429	429	(2) (intro.) and (a), as renumbered, are amended to read:
430	430	459.30 (2) FITTING AND SALE OF HEARING AIDS. (intro.) An audiologist licensed
431	431	under this subchapter, an audiologist who holds a valid compact privilege, or an
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458	458	SECTION 24 ASSEMBLY BILL 208
459	459	individual granted a permit to practice audiology under this subchapter who engages
460	460	in the practice of fitting and dealing in hearing aids shall do all of the following:
461	461	(a) Deliver to each person supplied with a hearing aid a receipt. The receipt
462	462	shall contain the signature and show the business address, license or permit title,
463	463	and number of the licensee, compact privilege holder, or permittee, together with
464	464	specifications as to the make and model of the hearing aid and full terms of sale
465	465	clearly stated. If a hearing aid that is not new is sold, the receipt and the container
466	466	must be clearly marked as “used" or “reconditioned", whichever is applicable. The
467	467	terms of the guarantee, if there is any given, shall be set out in not less than 8-point
468	468	type.
469	469	SECTION 25. 459.30 of the statutes is created to read:
470	470	459.30 Practice. (1) PRACTICE UNDER COMPACT. (a) Audiology. An individual
471	471	who holds a valid audiologist compact privilege may, subject to s. 459.71 (3), do any
472	472	of the following:
473	473	1. Practice audiology in this state, subject to s. 459.70 (4).
474	474	2. Practice audiology in this state via telehealth, as defined in s. 459.70 (2) (y),
475	475	subject to s. 459.70 (5).
476	476	(b) Speech-language pathology. An individual who holds a valid
477	477	speech-language pathologist compact privilege may, subject to s. 459.71 (3), do any
478	478	of the following:
479	479	1. Practice speech-language pathology in this state, subject to s. 459.70 (4).
480	480	2. Practice speech-language pathology in this state via telehealth, as defined
481	481	in s. 459.70 (2) (y), subject to s. 459.70 (5).
482	482	SECTION 26. 459.34 (2) (intro.) of the statutes is amended to read:
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507	507	LRB-0838/1
508	508	MED:skw
509	509	SECTION 26
510	510	ASSEMBLY BILL 208
511	511	459.34 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
512	512	examining board may reprimand a licensee, compact privilege holder, or permittee
513	513	or deny, limit, suspend, or revoke a license or permit under this subchapter or a
514	514	compact privilege if it finds that the applicant, licensee, compact privilege holder, or
515	515	permittee has done any of the following:
516	516	SECTION 27. 459.34 (2m) (a) (intro.) of the statutes is amended to read:
517	517	459.34 (2m) (a) (intro.) An individual whose license, compact privilege, or
518	518	limited permit is limited by the examining board under this subchapter may
519	519	continue to practice under the license, compact privilege, or permit if the individual
520	520	does all of the following:
521	521	SECTION 28. 459.34 (2m) (b) of the statutes is amended to read:
522	522	459.34 (2m) (b) The examining board may, as a condition of removing a
523	523	limitation on a license, compact privilege, or limited permit issued under this
524	524	subchapter or of reinstating a license, compact privilege, or limited permit that has
525	525	been suspended or revoked under this subchapter, require the license, compact
526	526	privilege, or permit holder to obtain minimum results specified by the examining
527	527	board on one or more physical, mental, or professional competency examinations if
528	528	the examining board determines that obtaining the minimum results is related to
529	529	correcting one or more of the bases upon which the limitation, suspension, or
530	530	revocation was imposed.
531	531	SECTION 29. 459.34 (2m) (c) of the statutes is amended to read:
532	532	459.34 (2m) (c) The examining board may, as a condition of reinstating a license
533	533	or compact privilege that has been suspended under this subchapter, require the
534	534	license or compact privilege holder to pass an examination required for initial
535	535	licensure under s. 459.26 (2).
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562	562	SECTION 30 ASSEMBLY BILL 208
563	563	SECTION 30. 459.34 (3) of the statutes is amended to read:
564	564	459.34 (3) In addition to or in lieu of a reprimand or denial, limitation,
565	565	suspension, or revocation of a license, compact privilege, or permit under sub. (2), the
566	566	examining board may assess against an applicant, licensee, compact privilege
567	567	holder, or permittee a forfeiture of not less than $100 nor more than $2,500 for each
568	568	violation enumerated under sub. (2).
569	569	SECTION 31. Subchapter III of chapter 459 [precedes 459.70] of the statutes is
570	570	created to read:
571	571	CHAPTER 459
572	572	SUBCHAPTER III
573	573	AUDIOLOGY AND SPEECH-LANGUAGE
574	574	PATHOLOGY INTERST ATE COMPACT
575	575	459.70 Audiology and speech-language pathology interstate compact.
576	576	(1) PURPOSE. (a) The purpose of this compact is to facilitate interstate practice of
577	577	audiology and speech-language pathology with the goal of improving public access
578	578	to audiology and speech-language pathology services. The practice of audiology and
579	579	speech-language pathology occurs in the state where the patient/client/student is
580	580	located at the time of the patient/client/student encounter. The compact preserves
581	581	the regulatory authority of states to protect public health and safety through the
582	582	current system of state licensure.
583	583	(b) This compact is designed to achieve all of the following objectives:
584	584	1. Increase public access to audiology and speech-language pathology services
585	585	by providing for the mutual recognition of other member state licenses.
586	586	2. Enhance the states' ability to protect the public's health and safety.
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613	613	SECTION 31
614	614	ASSEMBLY BILL 208
615	615	3. Encourage the cooperation of member states in regulating multistate
616	616	audiology and speech-language pathology practice.
617	617	4. Support spouses of relocating active duty military personnel.
618	618	5. Enhance the exchange of licensure, investigative, and disciplinary
619	619	information between member states.
620	620	6. Allow a remote state to hold a provider of services with a compact privilege
621	621	in that state accountable to that state's practice standards.
622	622	7. Allow for the use of telehealth technology to facilitate increased access to
623	623	audiology and speech-language pathology services.
624	624	(2) DEFINITIONS. As used in this compact, and except as otherwise provided, the
625	625	following definitions shall apply:
626	626	(a) “Active duty military” means full-time duty status in the active uniformed
627	627	service of the United States, including members of the National Guard and Reserve
628	628	on active duty orders pursuant to 10 USC 1209 and 1211.
629	629	(b) “Adverse action” means any administrative, civil, equitable, or criminal
630	630	action permitted by a state's laws which is imposed by a licensing board or other
631	631	authority against an audiologist or speech-language pathologist, including actions
632	632	against an individual's license or privilege to practice such as revocation, suspension,
633	633	probation, monitoring of the licensee, or restriction on the licensee's practice.
634	634	(c) “Alternative program” means a nondisciplinary monitoring process
635	635	approved by an audiology or speech-language pathology licensing board to address
636	636	impaired practitioners.
637	637	(d) “Audiologist” means an individual who is licensed by a state to practice
638	638	audiology.
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664	664	SECTION 31 ASSEMBLY BILL 208
665	665	(e) “Audiology” means the care and services provided by a licensed audiologist
666	666	as set forth in the member state's statutes and rules.
667	667	(f) “Audiology and speech-language pathology compact commission” or
668	668	“commission” means the national administrative body whose membership consists
669	669	of all states that have enacted the compact.
670	670	(g) “Audiology and speech-language pathology licensing board,” “audiology
671	671	licensing board,” “speech-language pathology licensing board,” or “licensing board”
672	672	means the agency of a state that is responsible for the licensing and regulation of
673	673	audiologists and/or speech-language pathologists.
674	674	(h) “Compact privilege” means the authorization granted by a remote state to
675	675	allow a licensee from another member state to practice as an audiologist or
676	676	speech-language pathologist in the remote state under its laws and rules. The
677	677	practice of audiology or speech-language pathology occurs in the member state
678	678	where the patient/client/student is located at the time of the patient/client/student
679	679	encounter.
680	680	(i) “Current significant investigative information” means investigative
681	681	information that a licensing board, after an inquiry or investigation that includes
682	682	notification and an opportunity for the audiologist or speech-language pathologist
683	683	to respond, if required by state law, has reason to believe is not groundless and, if
684	684	proved true, would indicate more than a minor infraction.
685	685	(j) “Data system” means a repository of information about licensees, including,
686	686	but not limited to, continuing education, examination, licensure, investigative,
687	687	compact privilege, and adverse action.
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712	712	MED:skw
713	713	SECTION 31
714	714	ASSEMBLY BILL 208
715	715	(k) “Encumbered license” means a license in which an adverse action restricts
716	716	the practice of audiology or speech-language pathology by the licensee and said
717	717	adverse action has been reported to the National Practitioners Data Bank (NPDB).
718	718	(L) “Executive committee” means a group of directors elected or appointed to
719	719	act on behalf of, and within the powers granted to them by, the commission.
720	720	(m) “Home state” means the member state that is the licensee's primary state
721	721	of residence.
722	722	(n) “Impaired practitioner” means individuals whose professional practice is
723	723	adversely affected by substance abuse, addiction, or other health-related conditions.
724	724	(o) “Licensee” means an individual who currently holds an authorization from
725	725	the state licensing board to practice as an audiologist or speech-language
726	726	pathologist.
727	727	(p) “Member state” means a state that has enacted the compact.
728	728	(q) “Privilege to practice” means a legal authorization permitting the practice
729	729	of audiology or speech-language pathology in a remote state.
730	730	(r) “Remote state” means a member state other than the home state where a
731	731	licensee is exercising or seeking to exercise the compact privilege.
732	732	(s) “Rule” means a regulation, principle, or directive promulgated by the
733	733	commission that has the force of law.
734	734	(t) “Single-state license” means an audiology or speech-language pathology
735	735	license issued by a member state that authorizes practice only within the issuing
736	736	state and does not include a privilege to practice in any other member state.
737	737	(u) “Speech-language pathologist” means an individual who is licensed by a
738	738	state to practice speech-language pathology.
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764	764	SECTION 31 ASSEMBLY BILL 208
765	765	(v) “Speech-language pathology” means the care and services provided by a
766	766	licensed speech-language pathologist as set forth in the member state's statutes and
767	767	rules.
768	768	(w) “State” means any state, commonwealth, district, or territory of the United
769	769	States of America that regulates the practice of audiology and speech-language
770	770	pathology.
771	771	(x) “State practice laws” means a member state's laws, rules, and regulations
772	772	that govern the practice of audiology or speech-language pathology, define the scope
773	773	of audiology or speech-language pathology practice, and create the methods and
774	774	grounds for imposing discipline.
775	775	(y) “Telehealth” means the application of telecommunication technology to
776	776	deliver audiology or speech-language pathology services at a distance for
777	777	assessment, intervention, and/or consultation.
778	778	(3) STATE PARTICIPATION IN THE COMPACT. (a) A license issued to an audiologist
779	779	or speech-language pathologist by a home state to a resident in that state shall be
780	780	recognized by each member state as authorizing an audiologist or speech-language
781	781	pathologist to practice audiology or speech-language pathology, under a privilege to
782	782	practice, in each member state.
783	783	(b) 1. A state must implement or utilize procedures for considering the criminal
784	784	history records of applicants for initial privilege to practice. These procedures shall
785	785	include the submission of fingerprints or other biometric-based information by
786	786	applicants for the purpose of obtaining an applicant's criminal history record
787	787	information from the federal bureau of investigation and the agency responsible for
788	788	retaining that state's criminal records.
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815	815	SECTION 31
816	816	ASSEMBLY BILL 208
817	817	2. A member state must fully implement a criminal background check
818	818	requirement, within a time frame established by rule, by receiving the results of the
819	819	federal bureau of investigation record search on criminal background checks and use
820	820	the results in making licensure decisions.
821	821	3. Communication between a member state, the commission, and among
822	822	member states regarding the verification of eligibility for licensure through the
823	823	compact shall not include any information received from the federal bureau of
824	824	investigation relating to a federal criminal records check performed by a member
825	825	state under P.L. 92-544.
826	826	(c) Upon application for a privilege to practice, the licensing board in the
827	827	issuing remote state shall ascertain, through the data system, whether the applicant
828	828	has ever held, or is the holder of, a license issued by any other state, whether there
829	829	are any encumbrances on any license or privilege to practice held by the applicant,
830	830	and whether any adverse action has been taken against any license or privilege to
831	831	practice held by the applicant.
832	832	(d) Each member state shall require an applicant to obtain or retain a license
833	833	in the home state and meet the home state's qualifications for licensure or renewal
834	834	of licensure, as well as, all other applicable state laws.
835	835	(e) For an audiologist:
836	836	1. Must meet one of the following educational requirements:
837	837	a. On or before, December 31, 2007, has graduated with a master's degree or
838	838	doctorate in audiology, or equivalent degree regardless of degree name, from a
839	839	program that is accredited by an accrediting agency recognized by the Council for
840	840	Higher Education Accreditation, or its successor, or by the U.S. department of
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866	866	SECTION 31 ASSEMBLY BILL 208
867	867	education and operated by a college or university accredited by a regional or national
868	868	accrediting organization recognized by the board.
869	869	b. On or after, January 1, 2008, has graduated with a doctoral degree in
870	870	audiology, or equivalent degree, regardless of degree name, from a program that is
871	871	accredited by an accrediting agency recognized by the Council for Higher Education
872	872	Accreditation, or its successor, or by the U.S. department of education and operated
873	873	by a college or university accredited by a regional or national accrediting
874	874	organization recognized by the board.
875	875	c. Has graduated from an audiology program that is housed in an institution
876	876	of higher education outside of the United States for which the program and
877	877	institution have been approved by the authorized accrediting body in the applicable
878	878	country and the degree program has been verified by an independent credentials
879	879	review agency to be comparable to a state licensing board-approved program.
880	880	2. Has completed a supervised clinical practicum experience from an accredited
881	881	educational institution or its cooperating programs as required by the commission.
882	882	3. Has successfully passed a national examination approved by the
883	883	commission.
884	884	4. Holds an active, unencumbered license.
885	885	5. Has not been convicted or found guilty, and has not entered into an agreed
886	886	disposition, of a felony related to the practice of audiology, under applicable state or
887	887	federal criminal law.
888	888	6. Has a valid U.S. social security or national practitioner identification
889	889	number.
890	890	(f) For a speech-language pathologist:
891	891	1. Must meet one of the following educational requirements:
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918	918	MED:skw
919	919	SECTION 31
920	920	ASSEMBLY BILL 208
921	921	a. Has graduated with a master's degree from a speech-language pathology
922	922	program that is accredited by an organization recognized by the U.S. department of
923	923	education and operated by a college or university accredited by a regional or national
924	924	accrediting organization recognized by the board.
925	925	b. Has graduated from a speech-language pathology program that is housed
926	926	in an institution of higher education outside of the United States for which the
927	927	program and institution have been approved by the authorized accrediting body in
928	928	the applicable country and the degree program has been verified by an independent
929	929	credentials review agency to be comparable to a state licensing board-approved
930	930	program.
931	931	2. Has completed a supervised clinical practicum experience from an
932	932	educational institution or its cooperating programs as required by the commission.
933	933	3. Has completed a supervised postgraduate professional experience as
934	934	required by the commission.
935	935	4. Has successfully passed a national examination approved by the
936	936	commission.
937	937	5. Holds an active, unencumbered license.
938	938	6. Has not been convicted or found guilty, and has not entered into an agreed
939	939	disposition, of a felony related to the practice of speech-language pathology, under
940	940	applicable state or federal criminal law.
941	941	7. Has a valid U.S. social security or national practitioner identification
942	942	number.
943	943	(g) The privilege to practice is derived from the home state license.
944	944	(h) An audiologist or speech-language pathologist practicing in a member state
945	945	must comply with the state practice laws of the state in which the client is located
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972	972	SECTION 31 ASSEMBLY BILL 208
973	973	at the time service is provided. The practice of audiology and speech-language
974	974	pathology shall include all audiology and speech-language pathology practice as
975	975	defined by the state practice laws of the member state in which the client is located.
976	976	The practice of audiology and speech-language pathology in a member state under
977	977	a privilege to practice shall subject an audiologist or speech-language pathologist to
978	978	the jurisdiction of the licensing board, the courts, and the laws of the member state
979	979	in which the client is located at the time service is provided.
980	980	(i) Individuals not residing in a member state shall continue to be able to apply
981	981	for a member state's single-state license as provided under the laws of each member
982	982	state. However, the single-state license granted to these individuals shall not be
983	983	recognized as granting the privilege to practice audiology or speech-language
984	984	pathology in any other member state. Nothing in this compact shall affect the
985	985	requirements established by a member state for the issuance of a single-state
986	986	license.
987	987	(j) Member states may charge a fee for granting a compact privilege.
988	988	(k) Member states must comply with the bylaws and rules and regulations of
989	989	the commission.
990	990	(4) COMPACT PRIVILEGE. (a) To exercise the compact privilege under the terms
991	991	and provisions of the compact, the audiologist or speech-language pathologist shall:
992	992	1. Hold an active license in the home state.
993	993	2. Have no encumbrance on any state license.
994	994	3. Be eligible for a compact privilege in any member state in accordance with
995	995	sub. (3).
996	996	4. Have not had any adverse action against any license or compact privilege
997	997	within the previous 2 years from date of application.
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1025	1025	SECTION 31
1026	1026	ASSEMBLY BILL 208
1027	1027	5. Notify the commission that the licensee is seeking the compact privilege
1028	1028	within a remote state.
1029	1029	6. Pay any applicable fees, including any state fee, for the compact privilege.
1030	1030	7. Report to the commission adverse action taken by any nonmember state
1031	1031	within 30 days from the date the adverse action is taken.
1032	1032	(b) For the purposes of the compact privilege, an audiologist or
1033	1033	speech-language pathologist shall only hold one home state license at a time.
1034	1034	(c) Except as provided in sub. (6), if an audiologist or speech-language
1035	1035	pathologist changes primary state of residence by moving between 2 member states,
1036	1036	the audiologist or speech-language pathologist must apply for licensure in the new
1037	1037	home state, and the license issued by the prior home state shall be deactivated in
1038	1038	accordance with applicable rules adopted by the commission.
1039	1039	(d) The audiologist or speech-language pathologist may apply for licensure in
1040	1040	advance of a change in primary state of residence.
1041	1041	(e) A license shall not be issued by the new home state until the audiologist or
1042	1042	speech-language pathologist provides satisfactory evidence of a change in primary
1043	1043	state of residence to the new home state and satisfies all applicable requirements to
1044	1044	obtain a license from the new home state.
1045	1045	(f) If an audiologist or speech-language pathologist changes primary state of
1046	1046	residence by moving from a member state to a nonmember state, the license issued
1047	1047	by the prior home state shall convert to a single-state license, valid only in the former
1048	1048	home state.
1049	1049	(g) The compact privilege is valid until the expiration date of the home state
1050	1050	license. The licensee must comply with the requirements of par. (a) to maintain the
1051	1051	compact privilege in the remote state.
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1078	1078	SECTION 31 ASSEMBLY BILL 208
1079	1079	(h) A licensee providing audiology or speech-language pathology services in a
1080	1080	remote state under the compact privilege shall function within the laws and
1081	1081	regulations of the remote state.
1082	1082	(i) A licensee providing audiology or speech-language pathology services in a
1083	1083	remote state is subject to that state's regulatory authority. A remote state may, in
1084	1084	accordance with due process and that state's laws, remove a licensee's compact
1085	1085	privilege in the remote state for a specific period of time, impose fines, and/or take
1086	1086	any other necessary actions to protect the health and safety of its citizens.
1087	1087	(j) If a home state license is encumbered, the licensee shall lose the compact
1088	1088	privilege in any remote state until all of the following occur:
1089	1089	1. The home state license is no longer encumbered.
1090	1090	2. Two years have elapsed from the date of the adverse action.
1091	1091	(k) Once an encumbered license in the home state is restored to good standing,
1092	1092	the licensee must meet the requirements of par. (a) to obtain a compact privilege in
1093	1093	any remote state.
1094	1094	(L) Once the requirements of par. (j) have been met, the licensee must meet the
1095	1095	requirements in par. (a) to obtain a compact privilege in a remote state.
1096	1096	(5) COMPACT PRIVILEGE TO PRACTICE TELEHEALTH. Member states shall recognize
1097	1097	the right of an audiologist or speech-language pathologist, licensed by a home state
1098	1098	in accordance with sub. (3) and under rules promulgated by the commission, to
1099	1099	practice audiology or speech-language pathology in any member state via telehealth
1100	1100	under a privilege to practice as provided in the compact and rules promulgated by
1101	1101	the commission.
1102	1102	(6) ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES. Active duty military
1103	1103	personnel, or their spouse, shall designate a home state where the individual has a
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1131	1131	SECTION 31
1132	1132	ASSEMBLY BILL 208
1133	1133	current license in good standing. The individual may retain the home state
1134	1134	designation during the period the service member is on active duty. Subsequent to
1135	1135	designating a home state, the individual shall only change their home state through
1136	1136	application for licensure in the new state.
1137	1137	(7) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state law,
1138	1138	a remote state shall have the authority, in accordance with existing state due process
1139	1139	law, to do any of the following:
1140	1140	1. Take adverse action against an audiologist's or speech-language
1141	1141	pathologist's privilege to practice within that member state.
1142	1142	2. Issue subpoenas for both hearings and investigations that require the
1143	1143	attendance and testimony of witnesses as well as the production of evidence.
1144	1144	Subpoenas issued by a licensing board in a member state for the attendance and
1145	1145	testimony of witnesses or the production of evidence from another member state
1146	1146	shall be enforced in the latter state by any court of competent jurisdiction, according
1147	1147	to the practice and procedure of that court applicable to subpoenas issued in
1148	1148	proceedings pending before it. The issuing authority shall pay any witness fees,
1149	1149	travel expenses, mileage, and other fees required by the service statutes of the state
1150	1150	in which the witnesses or evidence are located.
1151	1151	3. Only the home state shall have the power to take adverse action against a
1152	1152	audiologist's or speech-language pathologist's license issued by the home state.
1153	1153	(b) For purposes of taking adverse action, the home state shall give the same
1154	1154	priority and effect to reported conduct received from a member state as it would if
1155	1155	the conduct had occurred within the home state. In so doing, the home state shall
1156	1156	apply its own state laws to determine appropriate action.
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1182	1182	SECTION 31 ASSEMBLY BILL 208
1183	1183	(c) The home state shall complete any pending investigations of an audiologist
1184	1184	or speech-language pathologist who changes primary state of residence during the
1185	1185	course of the investigations. The home state shall also have the authority to take
1186	1186	appropriate action and shall promptly report the conclusions of the investigations to
1187	1187	the administrator of the data system. The administrator of the coordinated licensure
1188	1188	information system shall promptly notify the new home state of any adverse actions.
1189	1189	(d) If otherwise permitted by state law, the member state may recover from the
1190	1190	affected audiologist or speech-language pathologist the costs of investigations and
1191	1191	disposition of cases resulting from any adverse action taken against that audiologist
1192	1192	or speech-language pathologist.
1193	1193	(e) The member state may take adverse action based on the factual findings of
1194	1194	the remote state, provided that the member state follows the member state's own
1195	1195	procedures for taking the adverse action.
1196	1196	(f) 1. In addition to the authority granted to a member state by its respective
1197	1197	audiology or speech-language pathology practice act or other applicable state law,
1198	1198	any member state may participate with other member states in joint investigations
1199	1199	of licensees.
1200	1200	2. Member states shall share any investigative, litigation, or compliance
1201	1201	materials in furtherance of any joint or individual investigation initiated under the
1202	1202	compact.
1203	1203	(g) If adverse action is taken by the home state against an audiologist's or
1204	1204	speech language pathologist's license, the audiologist's or speech-language
1205	1205	pathologist's privilege to practice in all other member states shall be deactivated
1206	1206	until all encumbrances have been removed from the state license. All home state
1207	1207	disciplinary orders that impose adverse action against an audiologist's or speech
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1235	1235	SECTION 31
1236	1236	ASSEMBLY BILL 208
1237	1237	language pathologist's license shall include a statement that the audiologist's or
1238	1238	speech-language pathologist's privilege to practice is deactivated in all member
1239	1239	states during the pendency of the order.
1240	1240	(h) If a member state takes adverse action, it shall promptly notify the
1241	1241	administrator of the data system. The administrator of the data system shall
1242	1242	promptly notify the home state of any adverse actions by remote states.
1243	1243	(i) Nothing in this compact shall override a member state's decision that
1244	1244	participation in an alternative program may be used in lieu of adverse action.
1245	1245	(8) ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT
1246	1246	COMMISSION. (a) 1. The compact member states hereby create and establish a joint
1247	1247	public agency known as the audiology and speech-language pathology compact
1248	1248	commission.
1249	1249	2. The commission is an instrumentality of the compact states.
1250	1250	3. Venue is proper and judicial proceedings by or against the commission shall
1251	1251	be brought solely and exclusively in a court of competent jurisdiction where the
1252	1252	principal office of the commission is located. The commission may waive venue and
1253	1253	jurisdictional defenses to the extent it adopts or consents to participate in alternative
1254	1254	dispute resolution proceedings.
1255	1255	4. Nothing in this compact shall be construed to be a waiver of sovereign
1256	1256	immunity.
1257	1257	(b) 1. Each member state shall have 2 delegates selected by that member state's
1258	1258	licensing board. The delegates shall be current members of the licensing board. One
1259	1259	shall be an audiologist and one shall be a speech-language pathologist.
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1284	1284	SECTION 31 ASSEMBLY BILL 208
1285	1285	2. An additional 5 delegates, who are either a public member or board
1286	1286	administrator from a state licensing board, shall be chosen by the executive
1287	1287	committee from a pool of nominees provided by the commission at large.
1288	1288	3. Any delegate may be removed or suspended from office as provided by the
1289	1289	law of the state from which the delegate is appointed.
1290	1290	4. The member state board shall fill any vacancy occurring on the commission,
1291	1291	within 90 days.
1292	1292	5. Each delegate shall be entitled to one vote with regard to the promulgation
1293	1293	of rules and creation of bylaws and shall otherwise have an opportunity to participate
1294	1294	in the business and affairs of the commission.
1295	1295	6. A delegate shall vote in person or by other means as provided in the bylaws.
1296	1296	The bylaws may provide for delegates' participation in meetings by telephone or
1297	1297	other means of communication.
1298	1298	7. The commission shall meet at least once during each calendar year.
1299	1299	Additional meetings shall be held as set forth in the bylaws.
1300	1300	(c) The commission shall have the following powers and duties:
1301	1301	1. Establish the fiscal year of the commission.
1302	1302	2. Establish bylaws.
1303	1303	3. Establish a code of ethics.
1304	1304	4. Maintain its financial records in accordance with the bylaws.
1305	1305	5. Meet and take actions as are consistent with the provisions of this compact
1306	1306	and the bylaws.
1307	1307	6. Promulgate uniform rules to facilitate and coordinate implementation and
1308	1308	administration of this compact. The rules shall have the force and effect of law and
1309	1309	shall be binding in all member states.
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1337	1337	SECTION 31
1338	1338	ASSEMBLY BILL 208
1339	1339	7. Bring and prosecute legal proceedings or actions in the name of the
1340	1340	commission, provided that the standing of any state audiology or speech-language
1341	1341	pathology licensing board to sue or be sued under applicable law shall not be affected.
1342	1342	8. Purchase and maintain insurance and bonds.
1343	1343	9. Borrow, accept, or contract for services of personnel, including, but not
1344	1344	limited to, employees of a member state.
1345	1345	10. Hire employees, elect or appoint officers, fix compensation, define duties,
1346	1346	grant individuals appropriate authority to carry out the purposes of the compact, and
1347	1347	to establish the commission's personnel policies and programs relating to conflicts
1348	1348	of interest, qualifications of personnel, and other related personnel matters.
1349	1349	11. Accept any and all appropriate donations and grants of money, equipment,
1350	1350	supplies, materials, and services, and to receive, utilize, and dispose of the same;
1351	1351	provided that at all times the commission shall avoid any appearance of impropriety
1352	1352	and/or conflict of interest.
1353	1353	12. Lease, purchase, and accept appropriate gifts or donations of, or otherwise
1354	1354	to own, hold, improve, or use, any property, real, personal or mixed; provided that at
1355	1355	all times the commission shall avoid any appearance of impropriety.
1356	1356	13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
1357	1357	dispose of any property, real, personal, or mixed.
1358	1358	14. Establish a budget and make expenditures.
1359	1359	15. Borrow money.
1360	1360	16. Appoint committees, including standing committees composed of members,
1361	1361	and other interested persons as may be designated in this compact and the bylaws.
1362	1362	17. Provide and receive information from, and cooperate with, law enforcement
1363	1363	agencies.
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1390	1390	SECTION 31 ASSEMBLY BILL 208
1391	1391	18. Establish and elect an executive committee.
1392	1392	19. Perform other functions as may be necessary or appropriate to achieve the
1393	1393	purposes of this compact consistent with the state regulation of audiology and
1394	1394	speech-language pathology licensure and practice.
1395	1395	(d) 1. The executive committee shall have the power to act on behalf of the
1396	1396	commission according to the terms of this compact.
1397	1397	2. The executive committee shall be composed of the following 10 members:
1398	1398	a. Seven voting members who are elected by the commission from the current
1399	1399	membership of the commission.
1400	1400	b. Two ex-officios, consisting of one nonvoting member from a recognized
1401	1401	national audiology professional association and one nonvoting member from a
1402	1402	recognized national speech-language pathology association.
1403	1403	c. One ex-officio, nonvoting member from the recognized membership
1404	1404	organization of the audiology and speech-language pathology licensing boards.
1405	1405	(e) 1. The ex-officio members shall be selected by their respective
1406	1406	organizations.
1407	1407	2. The commission may remove any member of the executive committee as
1408	1408	provided in bylaws.
1409	1409	3. The executive committee shall meet at least annually.
1410	1410	4. The executive committee shall have the following duties and responsibilities:
1411	1411	a. Recommend to the entire commission changes to the rules or bylaws, changes
1412	1412	to this compact legislation, fees paid by compact member states such as annual dues,
1413	1413	and any commission compact fee charged to licensees for the compact privilege.
1414	1414	b. Ensure compact administration services are appropriately provided,
1415	1415	contractual or otherwise.
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1443	1443	SECTION 31
1444	1444	ASSEMBLY BILL 208
1445	1445	c. Prepare and recommend the budget.
1446	1446	d. Maintain financial records on behalf of the commission.
1447	1447	e. Monitor compact compliance of member states and provide compliance
1448	1448	reports to the commission.
1449	1449	f. Establish additional committees as necessary.
1450	1450	g. Other duties as provided in rules or bylaws.
1451	1451	5. All meetings shall be open to the public, and public notice of meetings shall
1452	1452	be given in the same manner as required under the rule-making provisions in sub.
1453	1453	(10).
1454	1454	6. The commission or the executive committee or other committees of the
1455	1455	commission may convene in a closed, nonpublic meeting if the commission or
1456	1456	executive committee or other committees of the commission must discuss:
1457	1457	a. Noncompliance of a member state with its obligations under the compact.
1458	1458	b. The employment, compensation, discipline, or other matters, practices, or
1459	1459	procedures related to specific employees or other matters related to the commission's
1460	1460	internal personnel practices and procedures.
1461	1461	c. Current, threatened, or reasonably anticipated litigation.
1462	1462	d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
1463	1463	real estate.
1464	1464	e. Accusing any person of a crime or formally censuring any person.
1465	1465	f. Disclosure of trade secrets or commercial or financial information that is
1466	1466	privileged or confidential.
1467	1467	g. Disclosure of information of a personal nature where disclosure would
1468	1468	constitute a clearly unwarranted invasion of personal privacy.
1469	1469	h. Disclosure of investigative records compiled for law enforcement purposes.
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1496	1496	SECTION 31 ASSEMBLY BILL 208
1497	1497	i. Disclosure of information related to any investigative reports prepared by or
1498	1498	on behalf of or for use of the commission or other committee charged with
1499	1499	responsibility of investigation or determination of compliance issues pursuant to the
1500	1500	compact.
1501	1501	j. Matters specifically exempted from disclosure by federal or member state
1502	1502	statute.
1503	1503	7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
1504	1504	commission's legal counsel or designee shall certify that the meeting may be closed
1505	1505	and shall reference each relevant exempting provision.
1506	1506	8. The commission shall keep minutes that fully and clearly describe all
1507	1507	matters discussed in a meeting and shall provide a full and accurate summary of
1508	1508	actions taken, and the reasons therefore, including a description of the views
1509	1509	expressed. All documents considered in connection with an action shall be identified
1510	1510	in minutes. All minutes and documents of a closed meeting shall remain under seal,
1511	1511	subject to release by a majority vote of the commission or order of a court of competent
1512	1512	jurisdiction.
1513	1513	9. a. The commission shall pay, or provide for the payment of, the reasonable
1514	1514	expenses of its establishment, organization, and ongoing activities.
1515	1515	b. The commission may accept any and all appropriate revenue sources,
1516	1516	donations, and grants of money, equipment, supplies, materials, and services.
1517	1517	c. The commission may levy on and collect an annual assessment from each
1518	1518	member state or impose fees on other parties to cover the cost of the operations and
1519	1519	activities of the commission and its staff, which must be in a total amount sufficient
1520	1520	to cover its annual budget as approved each year for which revenue is not provided
1521	1521	by other sources. The aggregate annual assessment amount shall be allocated based
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1549	1549	SECTION 31
1550	1550	ASSEMBLY BILL 208
1551	1551	upon a formula to be determined by the commission, which shall promulgate a rule
1552	1552	binding upon all member states.
1553	1553	10. The commission shall not incur obligations of any kind prior to securing the
1554	1554	funds adequate to meet the same; nor shall the commission pledge the credit of any
1555	1555	of the member states, except by and with the authority of the member state.
1556	1556	11. The commission shall keep accurate accounts of all receipts and
1557	1557	disbursements. The receipts and disbursements of the commission shall be subject
1558	1558	to the audit and accounting procedures established under its bylaws. However, all
1559	1559	receipts and disbursements of funds handled by the commission shall be audited
1560	1560	yearly by a certified or licensed public accountant, and the report of the audit shall
1561	1561	be included in and become part of the annual report of the commission.
1562	1562	(f) 1. The members, officers, executive director, employees, and representatives
1563	1563	of the commission shall be immune from suit and liability, either personally or in
1564	1564	their official capacity, for any claim for damage to or loss of property or personal
1565	1565	injury or other civil liability caused by or arising out of any actual or alleged act, error
1566	1566	or omission that occurred, or that the person against whom the claim is made had
1567	1567	a reasonable basis for believing occurred within the scope of commission
1568	1568	employment, duties, or responsibilities; provided that nothing in this subdivision
1569	1569	shall be construed to protect any person from suit and/or liability for any damage,
1570	1570	loss, injury, or liability caused by the intentional or willful or wanton misconduct of
1571	1571	that person.
1572	1572	2. The commission shall defend any member, officer, executive director,
1573	1573	employee, or representative of the commission in any civil action seeking to impose
1574	1574	liability arising out of any actual or alleged act, error, or omission that occurred
1575	1575	within the scope of commission employment, duties, or responsibilities, or that the
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1602	1602	SECTION 31 ASSEMBLY BILL 208
1603	1603	person against whom the claim is made had a reasonable basis for believing occurred
1604	1604	within the scope of commission employment, duties, or responsibilities; provided
1605	1605	that nothing herein shall be construed to prohibit that person from retaining his or
1606	1606	her own counsel; and provided further, that the actual or alleged act, error, or
1607	1607	omission did not result from that person's intentional or willful or wanton
1608	1608	misconduct.
1609	1609	3. The commission shall indemnify and hold harmless any member, officer,
1610	1610	executive director, employee, or representative of the commission for the amount of
1611	1611	any settlement or judgment obtained against that person arising out of any actual
1612	1612	or alleged act, error, or omission that occurred within the scope of commission
1613	1613	employment, duties, or responsibilities, or that person had a reasonable basis for
1614	1614	believing occurred within the scope of commission employment, duties, or
1615	1615	responsibilities, provided that the actual or alleged act, error, or omission did not
1616	1616	result from the intentional or willful or wanton misconduct of that person.
1617	1617	(9) DATA SYSTEM. (a) The commission shall provide for the development,
1618	1618	maintenance, and utilization of a coordinated database and reporting system
1619	1619	containing licensure, adverse action, and investigative information on all licensed
1620	1620	individuals in member states.
1621	1621	(b) Notwithstanding any other provision of state law to the contrary, a member
1622	1622	state shall submit a uniform data set to the data system on all individuals to whom
1623	1623	this compact is applicable as required by the rules of the commission, including:
1624	1624	1. Identifying information.
1625	1625	2. Licensure data.
1626	1626	3. Adverse actions against a license or compact privilege.
1627	1627	4. Nonconfidential information related to alternative program participation.
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1655	1655	SECTION 31
1656	1656	ASSEMBLY BILL 208
1657	1657	5. Any denial of application for licensure, and the reason for denial.
1658	1658	6. Other information that may facilitate the administration of this compact, as
1659	1659	determined by the rules of the commission.
1660	1660	(c) Investigative information pertaining to a licensee in any member state shall
1661	1661	only be available to other member states.
1662	1662	(d) The commission shall promptly notify all member states of any adverse
1663	1663	action taken against a licensee or an individual applying for a license. Adverse action
1664	1664	information pertaining to a licensee in any member state shall be available to any
1665	1665	other member state.
1666	1666	(e) Member states contributing information to the data system may designate
1667	1667	information that may not be shared with the public without the express permission
1668	1668	of the contributing state.
1669	1669	(f) Any information submitted to the data system that is subsequently required
1670	1670	to be expunged by the laws of the member state contributing the information shall
1671	1671	be removed from the data system.
1672	1672	(10) RULE MAKING. (a) The commission shall exercise its rule-making powers
1673	1673	pursuant to the criteria set forth in this subsection and the rules adopted thereunder.
1674	1674	Rules and amendments shall become binding as of the date specified in each rule or
1675	1675	amendment.
1676	1676	(b) If a majority of the legislatures of the member states rejects a rule, by
1677	1677	enactment of a statute or resolution in the same manner used to adopt the compact
1678	1678	within 4 years of the date of adoption of the rule, the rule shall have no further force
1679	1679	and effect in any member state.
1680	1680	(c) Rules or amendments to the rules shall be adopted at a regular or special
1681	1681	meeting of the commission.
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1708	1708	SECTION 31 ASSEMBLY BILL 208
1709	1709	(d) Prior to promulgation and adoption of a final rule or rules by the
1710	1710	commission, and at least 30 days in advance of the meeting at which the rule shall
1711	1711	be considered and voted upon, the commission shall file a notice of proposed rule
1712	1712	making:
1713	1713	1. On the website of the commission or other publicly accessible platform.
1714	1714	2. On the website of each member state audiology or speech-language
1715	1715	pathology licensing board or other publicly accessible platform or the publication in
1716	1716	which each state would otherwise publish proposed rules.
1717	1717	(e) The notice of proposed rule making shall include:
1718	1718	1. The proposed time, date, and location of the meeting in which the rule shall
1719	1719	be considered and voted upon.
1720	1720	2. The text of the proposed rule or amendment and the reason for the proposed
1721	1721	rule.
1722	1722	3. A request for comments on the proposed rule from any interested person.
1723	1723	4. The manner in which interested persons may submit notice to the
1724	1724	commission of their intention to attend the public hearing and any written
1725	1725	comments.
1726	1726	(f) Prior to the adoption of a proposed rule, the commission shall allow persons
1727	1727	to submit written data, facts, opinions, and arguments, which shall be made
1728	1728	available to the public.
1729	1729	(g) The commission shall grant an opportunity for a public hearing before it
1730	1730	adopts a rule or amendment if a hearing is requested by any of the following:
1731	1731	1. At least 25 persons.
1732	1732	2. A state or federal government subdivision or agency.
1733	1733	3. An association having at least 25 members.
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1761	1761	SECTION 31
1762	1762	ASSEMBLY BILL 208
1763	1763	(h) 1. If a hearing is held on the proposed rule or amendment, the commission
1764	1764	shall publish the place, time, and date of the scheduled public hearing. If the hearing
1765	1765	is held via electronic means, the commission shall publish the mechanism for access
1766	1766	to the electronic hearing.
1767	1767	2. All persons wishing to be heard at the hearing shall notify the executive
1768	1768	director of the commission or other designated member in writing of their desire to
1769	1769	appear and testify at the hearing not less than 5 business days before the scheduled
1770	1770	date of the hearing.
1771	1771	3. Hearings shall be conducted in a manner providing each person who wishes
1772	1772	to comment a fair and reasonable opportunity to comment orally or in writing.
1773	1773	4. All hearings shall be recorded. A copy of the recording shall be made
1774	1774	available on request.
1775	1775	5. Nothing in this subsection shall be construed as requiring a separate hearing
1776	1776	on each rule. Rules may be grouped for the convenience of the commission at
1777	1777	hearings required by this subsection.
1778	1778	(i) Following the scheduled hearing date, or by the close of business on the
1779	1779	scheduled hearing date if the hearing was not held, the commission shall consider
1780	1780	all written and oral comments received.
1781	1781	(j) If no written notice of intent to attend the public hearing by interested
1782	1782	parties is received, the commission may proceed with promulgation of the proposed
1783	1783	rule without a public hearing.
1784	1784	(k) The commission shall, by majority vote of all members, take final action on
1785	1785	the proposed rule and shall determine the effective date of the rule, if any, based on
1786	1786	the rule-making record and the full text of the rule.
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1812	1812	SECTION 31 ASSEMBLY BILL 208
1813	1813	(L) Upon determination that an emergency exists, the commission may
1814	1814	consider and adopt an emergency rule without prior notice, opportunity for
1815	1815	comment, or hearing, provided that the usual rule-making procedures provided in
1816	1816	the compact and in this subsection shall be retroactively applied to the rule as soon
1817	1817	as reasonably possible, in no event later than 90 days after the effective date of the
1818	1818	rule. For the purposes of this paragraph, an emergency rule is one that must be
1819	1819	adopted immediately in order to do any of the following:
1820	1820	1. Meet an imminent threat to public health, safety, or welfare.
1821	1821	2. Prevent a loss of commission or member state funds.
1822	1822	3. Meet a deadline for the promulgation of an administrative rule that is
1823	1823	established by federal law or rule.
1824	1824	(m) The commission or an authorized committee of the commission may direct
1825	1825	revisions to a previously adopted rule or amendment for purposes of correcting
1826	1826	typographical errors, errors in format, errors in consistency, or grammatical errors.
1827	1827	Public notice of any revisions shall be posted on the website of the commission. The
1828	1828	revision shall be subject to challenge by any person for a period of 30 days after
1829	1829	posting. The revision may be challenged only on grounds that the revision results
1830	1830	in a material change to a rule. A challenge shall be made in writing and delivered
1831	1831	to the chair of the commission prior to the end of the notice period. If no challenge
1832	1832	is made, the revision shall take effect without further action. If the revision is
1833	1833	challenged, the revision may not take effect without the approval of the commission.
1834	1834	(11) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) 1. Upon request by
1835	1835	a member state, the commission shall attempt to resolve disputes related to the
1836	1836	compact that arise among member states and between member and nonmember
1837	1837	states.
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1865	1865	SECTION 31
1866	1866	ASSEMBLY BILL 208
1867	1867	2. The commission shall promulgate a rule providing for both mediation and
1868	1868	binding dispute resolution for disputes as appropriate.
1869	1869	(b) 1. The commission, in the reasonable exercise of its discretion, shall enforce
1870	1870	the provisions and rules of this compact.
1871	1871	2. By majority vote, the commission may initiate legal action in the United
1872	1872	States District Court for the District of Columbia or the federal district where the
1873	1873	commission has its principal offices against a member state in default to enforce
1874	1874	compliance with the provisions of the compact and its promulgated rules and bylaws.
1875	1875	The relief sought may include both injunctive relief and damages. Notwithstanding
1876	1876	s. 814.04 (1), in the event judicial enforcement is necessary, the prevailing member
1877	1877	shall be awarded all costs of litigation, including reasonable attorney's fees.
1878	1878	3. The remedies herein shall not be the exclusive remedies of the commission.
1879	1879	The commission may pursue any other remedies available under federal or state law.
1880	1880	(12) DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR AUDIOLOGY AND
1881	1881	SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND
1882	1882	AMENDMENT. (a) The compact shall come into effect on the date on which the compact
1883	1883	statute is enacted into law in the 10th member state. The provisions, which become
1884	1884	effective at that time, shall be limited to the powers granted to the commission
1885	1885	relating to assembly and the promulgation of rules. Thereafter, the commission shall
1886	1886	meet and exercise rule-making powers necessary to the implementation and
1887	1887	administration of the compact.
1888	1888	(b) Any state that joins the compact subsequent to the commission's initial
1889	1889	adoption of the rules shall be subject to the rules as they exist on the date on which
1890	1890	the compact becomes law in that state. Any rule that has been previously adopted
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1916	1916	SECTION 31 ASSEMBLY BILL 208
1917	1917	by the commission shall have the full force and effect of law on the day the compact
1918	1918	becomes law in that state.
1919	1919	(c) 1. Any member state may withdraw from this compact by enacting a statute
1920	1920	repealing the same.
1921	1921	2. A member state's withdrawal shall not take effect until 6 months after
1922	1922	enactment of the repealing statute.
1923	1923	3. Withdrawal shall not affect the continuing requirement of the withdrawing
1924	1924	state's audiology or speech-language pathology licensing board to comply with the
1925	1925	investigative and adverse action reporting requirements of this act prior to the
1926	1926	effective date of withdrawal.
1927	1927	(d) Nothing contained in this compact shall be construed to invalidate or
1928	1928	prevent any audiology or speech-language pathology licensure agreement or other
1929	1929	cooperative arrangement between a member state and a nonmember state that does
1930	1930	not conflict with the provisions of this compact.
1931	1931	(e) This compact may be amended by the member states. No amendment to this
1932	1932	compact shall become effective and binding upon any member state until it is enacted
1933	1933	into the laws of all member states.
1934	1934	(13) CONSTRUCTION AND SEVERABILITY. This compact shall be liberally construed
1935	1935	so as to effectuate the purposes thereof. The provisions of this compact shall be
1936	1936	severable and if any phrase, clause, sentence, or provision of this compact is declared
1937	1937	to be contrary to the constitution of any member state or of the United States or the
1938	1938	applicability thereof to any government, agency, person, or circumstance is held
1939	1939	invalid, the validity of the remainder of this compact and the applicability thereof to
1940	1940	any government, agency, person, or circumstance shall not be affected thereby. If this
1941	1941	compact shall be held contrary to the constitution of any member state, the compact
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1969	1969	SECTION 31
1970	1970	ASSEMBLY BILL 208
1971	1971	shall remain in full force and effect as to the remaining member states and in full
1972	1972	force and effect as to the member state affected as to all severable matters.
1973	1973	(14) BINDING EFFECT OF COMPACT AND OTHER LAWS. (a) Nothing herein prevents
1974	1974	the enforcement of any other law of a member state that is not inconsistent with the
1975	1975	compact.
1976	1976	(b) All laws in a member state in conflict with the compact are superseded to
1977	1977	the extent of the conflict.
1978	1978	(c) All lawful actions of the commission, including all rules and bylaws
1979	1979	promulgated by the commission, are binding upon the member states.
1980	1980	(d) All agreements between the commission and the member states are binding
1981	1981	in accordance with their terms.
1982	1982	(e) In the event any provision of the compact exceeds the constitutional limits
1983	1983	imposed on the legislature of any member state, the provision shall be ineffective to
1984	1984	the extent of the conflict with the constitutional provision in question in that member
1985	1985	state.
1986	1986	459.71 Implementation of the audiology and speech-language
1987	1987	pathology interstate compact. (1) In this section:
1988	1988	(a) “Compact privilege” means a compact privilege, as defined in s. 459.70 (2)
1989	1989	(h), that is granted under the audiology and speech-language pathology interstate
1990	1990	compact under s. 459.70 to an individual to practice in this state.
1991	1991	(b) “Examining board” means the hearing and speech examining board.
1992	1992	(2) The department may impose a fee for an individual to receive a compact
1993	1993	privilege as provided under s. 459.70 (3) (j).
1994	1994	(3) (a) An individual who holds a compact privilege shall comply with s. 440.03
1995	1995	(13) (am).
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2022	2022	SECTION 31 ASSEMBLY BILL 208
2023	2023	(b) Subject to s. 459.70 and any rules promulgated thereunder, ss. 440.20 to
2024	2024	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
2025	2025	holds a compact privilege in the same manner that they apply to holders of licenses
2026	2026	and permits issued under subch. II.
2027	2027	SECTION 32. 632.895 (16) (b) 1. a. of the statutes is amended to read:
2028	2028	632.895 (16) (b) 1. a. Coverage of the cost of hearing aids and cochlear implants
2029	2029	that are prescribed by a physician, or by an audiologist who is licensed under subch.
2030	2030	II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, in
2031	2031	accordance with accepted professional medical or audiological standards, for a child
2032	2032	covered under the policy or plan who is under 18 years of age and who is certified as
2033	2033	deaf or hearing impaired by a physician or by an audiologist who is licensed under
2034	2034	subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459.
2035	2035	SECTION 33.0Nonstatutory provisions.
2036	2036	(1) The hearing and speech examining board and the department of safety and
2037	2037	professional services may promulgate emergency rules under s. 227.24 necessary to
2038	2038	implement this act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
2039	2039	promulgated under this subsection remain in effect until September 1, 2024, or the
2040	2040	date on which permanent rules take effect, whichever is sooner. Notwithstanding
2041	2041	s. 227.24 (1) (a) and (3), neither the board nor the department is required to provide
2042	2042	evidence that promulgating a rule under this subsection as an emergency rule is
2043	2043	necessary for the preservation of the public peace, health, safety, or welfare or
2044	2044	provide a finding of emergency for a rule promulgated under this subsection.
2045	2045	(END)
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