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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 208
April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 440.03 (13) (c) and 459.24 (3m); to amend
45.40 (1g) (a), 46.297 (2) (a), 46.298, 146.81 (1) (hm), 146.997 (1) (d) 12., 252.14
(1) (ar) 8., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15,
450.10 (3) (a) 11., 459.22 (2) (b), 459.24 (1) (a), 459.24 (1) (b), 459.34 (2) (intro.),
459.34 (2m) (a) (intro.), 459.34 (2m) (b), 459.34 (2m) (c), 459.34 (3) and 632.895
(16) (b) 1. a.; and to create 14.897, 440.03 (11m) (c) 2w., 440.03 (13) (c) 1. i.,
459.20 (2k), 459.20 (2m), 459.20 (3v), 459.24 (3c), 459.24 (3e), 459.30 and
subchapter III of chapter 459 [precedes 459.70] of the statutes; relating to:
ratification of the Audiology and Speech-Language Pathology Interstate
Compact, extending the time limit for emergency rule procedures, providing an
exemption from emergency rule procedures, and granting rule-making
authority.
Analysis by the Legislative Reference Bureau
This bill is explained in the NOTES provided by the Joint Legislative Council in
the bill.
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For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
Legislative Council's Study Committee on Occupational Licenses.
This bill ratifies and enters Wisconsin into the Audiology and Speech-Language
Pathology Interstate Compact (compact), which allows a speech-language pathologist or
audiologist licensed in one member state (licensee) to obtain a “compact privilege” to
practice in a remote state without obtaining a license in that remote state. Significant
provisions of the compact include the following:
1. Creation of an Audiology and Speech-Language Pathology Compact
Commission (commission), which includes two members of the licensure boards of each
member state. The commission oversees administration of the compact, enforces the
compact, adopts bylaws, promulgates binding rules for the compact, hires employees and
elects or appoints officers, establishes and elects an executive committee, and has various
other powers and duties. The commission may levy and collect an annual assessment
from each member state or impose fees on other parties to cover the cost of the operations
and activities of the commission and its staff.
2. A process by which a licensee may obtain a compact privilege in another member
state, which is also referred to in the compact as a privilege to practice. A licensee
practicing in a remote state under a compact privilege is subject to that state's regulatory
authority. A remote state may take action against a licensee's compact privilege in the
remote state, at which point the licensee is not eligible for a compact privilege in any state
until certain criteria are met. The state of the licensee's primary residence, however, has
the exclusive authority to impose adverse action against a license issued by that state.
Member states may charge a fee for granting a compact privilege.
3. The ability for member state licensure boards to conduct joint investigations of
licensees and the ability of member states to issue subpoenas that are enforceable in other
states.
4. Creation of a coordinated database and reporting system containing licensure,
adverse action, and investigative information on all licensed individuals in member
states. A member state must submit a uniform data set to the data system on all
individuals to whom the compact is applicable.
5. Various provisions regarding resolutions of disputes between member states
and between member and nonmember states.
Since the compact has already been enacted by the minimum number of states
required for it to become active, the compact becomes effective in this state upon
enactment of the bill. The compact provides that it may be amended upon enactment of
an amendment by all member states. A state may withdraw from the compact by
repealing the statute authorizing the compact, but the compact provides that a
withdrawal does not take effect until six months after the effective date of that repeal.
SECTION 1. 14.897 of the statutes is created to read:
14.897 Audiology and speech-language pathology licensure compact.
There is created an audiology and speech-language pathology compact commission
as specified in s. 459.70. The delegates of the commission representing this state
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shall be individuals described in s. 459.70 (8) (b) 1. The commission has the powers
and duties granted and imposed under s. 459.70.
SECTION 2. 45.40 (1g) (a) of the statutes is amended to read:
45.40 (1g) (a) “Health care provider" means an advanced practice nurse
prescriber certified under s. 441.16 (2), an audiologist who is licensed under subch.
II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, a dentist
licensed under ch. 447, an optometrist licensed under ch. 449, a physician licensed
under s. 448.02, or a podiatrist licensed under s. 448.63.
SECTION 3. 46.297 (2) (a) of the statutes is amended to read:
46.297 (2) (a) The person is certified as deaf or severely hearing impaired by
a physician, an audiologist who is licensed under subch. II of ch. 459 or who holds a
compact privilege under subch. III of ch. 459, or the department.
SECTION 4. 46.298 of the statutes is amended to read:
46.298 Vehicle sticker for the hearing impaired. Upon the request of a
person who is certified as hearing impaired by the department, by a physician, by a
hearing instrument specialist licensed under subch. I of ch. 459, or by an audiologist
who is licensed under subch. II of ch. 459 or who holds a compact privilege under
subch. III of ch. 459, the department shall issue to the person a decal or sticker for
display on a motor vehicle owned or frequently operated by the person to apprise law
enforcement officers of the fact that the vehicle is owned or operated by a
hearing-impaired person. No charge shall be made for issuance of the decal or
sticker. The department shall specify the design of the decal or sticker. The
department shall designate the location on the vehicle at which the decal or sticker
shall be affixed by its own adhesive.
SECTION 5. 146.81 (1) (hm) of the statutes is amended to read:
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146.81 (1) (hm) A speech-language pathologist or audiologist who is licensed
under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459,
or a speech and language pathologist licensed by the department of public
instruction.
SECTION 6. 146.997 (1) (d) 12. of the statutes is amended to read:
146.997 (1) (d) 12. A speech-language pathologist or audiologist who is
licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III
of ch. 459, or a speech and language pathologist licensed by the department of public
instruction.
SECTION 7. 252.14 (1) (ar) 8. of the statutes is amended to read:
252.14 (1) (ar) 8. A speech-language pathologist or audiologist who is licensed
under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459,
or a speech and language pathologist licensed by the department of public
instruction.
SECTION 8. 440.03 (9) (a) (intro.) of the statutes is amended to read:
440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
the department shall, biennially, determine each fee for an initial credential for
which no examination is required, for a reciprocal credential, and for a credential
renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 459.71 (2)
by doing all of the following:
SECTION 9. 440.03 (9) (a) 2. of the statutes is amended to read:
440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
adjusting for the succeeding fiscal biennium each fee for an initial credential for
which an examination is not required, for a reciprocal credential, and, subject to s.
440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
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and, 448.9875 (2), and 459.71 (2), if an adjustment is necessary to reflect the
approximate administrative and enforcement costs of the department that are
attributable to the regulation of the particular occupation or business during the
period in which the initial or reciprocal credential, credential renewal, or compact
privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
an estimate of any additional moneys available for the department's general
program operations as a result of appropriation transfers that have been or are
estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
at the time of the deadline for an adjustment under this subdivision or during the
fiscal biennium beginning on the July 1 immediately following the deadline for an
adjustment under this subdivision.
SECTION 10. 440.03 (11m) (c) 2w. of the statutes is created to read:
440.03 (11m) (c) 2w. The coordinated database and reporting system under s.
459.70 (9), if such disclosure is required under the audiology and speech-language
pathology interstate compact under s. 459.70.
SECTION 11. 440.03 (13) (b) (intro.) of the statutes is amended to read:
440.03 (13) (b) (intro.) The department may investigate whether an applicant
for or holder of any of the following credentials has been charged with or convicted
of a crime only pursuant to rules promulgated by the department under this
paragraph, including rules that establish the criteria that the department will use
to determine whether an investigation under this paragraph is necessary, except as
provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
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)
2.:
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SECTION 12. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
(intro.) and amended to read:
440.03 (13) (c) 1. (intro.) The department shall require an all of the following
to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
set of the person's fingerprints:
a. An applicant for a private detective license or a private security permit under
s. 440.26, an.
b. An applicant for a juvenile martial arts instructor permit under sub. (17),
an.
c. An applicant for a real estate appraiser certification under s. 458.06 or
license under s. 458.08, an.
d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
e. An applicant for a compact license under s. 448.05 (2) (f), an.
f. An applicant for a physical therapist license under s. 448.53 or physical
therapist assistant license under s. 448.535, an.
g. An applicant for an occupational therapist or occupational therapy assistant
compact privilege under s. 448.987 (4), and an applicant for an occupational
therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
a., an
h. An applicant for a psychologist license under s. 455.04, and a.
z. A person for whom the department conducts an investigation under par. (b),
to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
set of the person's fingerprints.
2. The department of justice may submit the fingerprint cards, and the
department of justice shall submit the fingerprint cards of all applicants for a real
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estate appraiser certification under s. 458.06 or license under s. 458.08, of all
applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
i., to the federal bureau of investigation for the purpose of verifying the identity of
the persons fingerprinted and obtaining records of their criminal arrests and
convictions.
3. Information obtained from the federal bureau of investigation may be shared
with the department or the appropriate credentialing board, but shall otherwise be
kept confidential and is not subject to disclosure under s. 19.35.
SECTION 13. 440.03 (13) (c) 1. i. of the statutes is created to read:
440.03 (13) (c) 1. i. An applicant for an audiologist or speech-language
pathologist license or compact privilege under s. 459.24 when required pursuant to
the audiology and speech-language pathology interstate compact under s. 459.70.
SECTION 14. 440.15 of the statutes is amended to read:
440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 459.70
(3) (b) 1., the department or a credentialing board may not require that an applicant
for a credential or a credential holder be fingerprinted or submit fingerprints in
connection with the department's or the credentialing board's credentialing.
SECTION 15. 450.10 (3) (a) 11. of the statutes is amended to read:
450.10 (3) (a) 11. A speech-language pathologist or audiologist who is licensed
under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459,
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or a speech and language pathologist licensed by the department of public
instruction.
SECTION 16. 459.20 (2k) of the statutes is created to read:
459.20 (2k) “Compact” means the audiology and speech-language pathology
interstate compact.
SECTION 17. 459.20 (2m) of the statutes is created to read:
459.20 (2m) “Compact privilege” means a compact privilege, as defined in s.
459.70 (2) (h), that is granted under the audiology and speech-language pathology
interstate compact under s. 459.70 to an individual to practice in this state.
SECTION 18. 459.20 (3v) of the statutes is created to read:
459.20 (3v) “Single-state license” has the meaning given in s. 459.70 (2) (t).
SECTION 19. 459.22 (2) (b) of the statutes is amended to read:
459.22 (2) (b) Authorize a speech-language pathologist who is licensed under
this subchapter or who holds a valid compact privilege to dispense or sell hearing aids
without obtaining a hearing instrument specialist license under subch. I.
SECTION 20. 459.24 (1) (a) of the statutes is amended to read:
459.24 (1) (a) Engage in the practice of speech-language pathology or use the
title “speech-language pathologist" or any similar title unless the person holds a
current speech-language pathologist license granted by the examining board under
sub. (2) or (6) (a) or holds a valid compact privilege.
SECTION 21. 459.24 (1) (b) of the statutes is amended to read:
459.24 (1) (b) Engage in the practice of audiology or use the title “audiologist,"
“clinical audiologist," or any similar title unless the person holds a current
audiologist license granted by the examining board under sub. (3) or (6) (b) or holds
a valid compact privilege.
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SECTION 22. 459.24 (3c) of the statutes is created to read:
459.24 (3c) TYPES OF LICENSES. (a) A license granted under sub. (2) or (3) may
be either of the following:
1. A license that, subject to s. 459.70 (4), entitles the holder to obtain and
exercise a compact privilege in other states that are parties to the compact.
2. A single-state license, which only entitles the holder to practice in this state.
Nothing in the compact applies to the holder of a single-state license unless
otherwise applicable under this subchapter.
(b) When applying for a license under sub. (2) or (3), an individual shall specify
whether he or she is applying for a license under par. (a) 1. or 2.
SECTION 23. 459.24 (3e) of the statutes is created to read:
459.24 (3e) COMPACT PRIVILEGE. The examining board shall grant to any
individual to whom all of the following apply an audiologist or speech-language
pathologist, whichever is applicable, compact privilege:
(a) The individual holds an unencumbered home state license in another state
that is a party to the compact and satisfies all other requirements under s. 459.70
(4).
(b) The individual applies for the compact privilege in the manner prescribed
by the department.
(c) The individual pays any fee established by the department under s. 459.71
(2).
SECTION 24. 459.24 (3m) of the statutes is renumbered 459.30 (2), and 459.30
(2) (intro.) and (a), as renumbered, are amended to read:
459.30 (2) FITTING AND SALE OF HEARING AIDS. (intro.) An audiologist licensed
under this subchapter, an audiologist who holds a valid compact privilege, or an
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individual granted a permit to practice audiology under this subchapter who engages
in the practice of fitting and dealing in hearing aids shall do all of the following:
(a) Deliver to each person supplied with a hearing aid a receipt. The receipt
shall contain the signature and show the business address, license or permit title,
and number of the licensee, compact privilege holder, or permittee, together with
specifications as to the make and model of the hearing aid and full terms of sale
clearly stated. If a hearing aid that is not new is sold, the receipt and the container
must be clearly marked as “used" or “reconditioned", whichever is applicable. The
terms of the guarantee, if there is any given, shall be set out in not less than 8-point
type.
SECTION 25. 459.30 of the statutes is created to read:
459.30 Practice. (1) PRACTICE UNDER COMPACT. (a) Audiology. An individual
who holds a valid audiologist compact privilege may, subject to s. 459.71 (3), do any
of the following:
1. Practice audiology in this state, subject to s. 459.70 (4).
2. Practice audiology in this state via telehealth, as defined in s. 459.70 (2) (y),
subject to s. 459.70 (5).
(b) Speech-language pathology. An individual who holds a valid
speech-language pathologist compact privilege may, subject to s. 459.71 (3), do any
of the following:
1. Practice speech-language pathology in this state, subject to s. 459.70 (4).
2. Practice speech-language pathology in this state via telehealth, as defined
in s. 459.70 (2) (y), subject to s. 459.70 (5).
SECTION 26. 459.34 (2) (intro.) of the statutes is amended to read:
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459.34 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
examining board may reprimand a licensee, compact privilege holder, or permittee
or deny, limit, suspend, or revoke a license or permit under this subchapter or a
compact privilege if it finds that the applicant, licensee, compact privilege holder, or
permittee has done any of the following:
SECTION 27. 459.34 (2m) (a) (intro.) of the statutes is amended to read:
459.34 (2m) (a) (intro.) An individual whose license, compact privilege, or
limited permit is limited by the examining board under this subchapter may
continue to practice under the license, compact privilege, or permit if the individual
does all of the following:
SECTION 28. 459.34 (2m) (b) of the statutes is amended to read:
459.34 (2m) (b) The examining board may, as a condition of removing a
limitation on a license, compact privilege, or limited permit issued under this
subchapter or of reinstating a license, compact privilege, or limited permit that has
been suspended or revoked under this subchapter, require the license, compact
privilege, or permit holder to obtain minimum results specified by the examining
board on one or more physical, mental, or professional competency examinations if
the examining board determines that obtaining the minimum results is related to
correcting one or more of the bases upon which the limitation, suspension, or
revocation was imposed.
SECTION 29. 459.34 (2m) (c) of the statutes is amended to read:
459.34 (2m) (c) The examining board may, as a condition of reinstating a license
or compact privilege that has been suspended under this subchapter, require the
license or compact privilege holder to pass an examination required for initial
licensure under s. 459.26 (2).
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SECTION 30. 459.34 (3) of the statutes is amended to read:
459.34 (3) In addition to or in lieu of a reprimand or denial, limitation,
suspension, or revocation of a license, compact privilege, or permit under sub. (2), the
examining board may assess against an applicant, licensee, compact privilege
holder, or permittee a forfeiture of not less than $100 nor more than $2,500 for each
violation enumerated under sub. (2).
SECTION 31. Subchapter III of chapter 459 [precedes 459.70] of the statutes is
created to read:
CHAPTER 459
SUBCHAPTER III
AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY INTERST ATE COMPACT
459.70 Audiology and speech-language pathology interstate compact.
(1) PURPOSE. (a) The purpose of this compact is to facilitate interstate practice of
audiology and speech-language pathology with the goal of improving public access
to audiology and speech-language pathology services. The practice of audiology and
speech-language pathology occurs in the state where the patient/client/student is
located at the time of the patient/client/student encounter. The compact preserves
the regulatory authority of states to protect public health and safety through the
current system of state licensure.
(b) This compact is designed to achieve all of the following objectives:
1. Increase public access to audiology and speech-language pathology services
by providing for the mutual recognition of other member state licenses.
2. Enhance the states' ability to protect the public's health and safety.
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3. Encourage the cooperation of member states in regulating multistate
audiology and speech-language pathology practice.
4. Support spouses of relocating active duty military personnel.
5. Enhance the exchange of licensure, investigative, and disciplinary
information between member states.
6. Allow a remote state to hold a provider of services with a compact privilege
in that state accountable to that state's practice standards.
7. Allow for the use of telehealth technology to facilitate increased access to
audiology and speech-language pathology services.
(2) DEFINITIONS. As used in this compact, and except as otherwise provided, the
following definitions shall apply:
(a) “Active duty military” means full-time duty status in the active uniformed
service of the United States, including members of the National Guard and Reserve
on active duty orders pursuant to 10 USC 1209 and 1211.
(b) “Adverse action” means any administrative, civil, equitable, or criminal
action permitted by a state's laws which is imposed by a licensing board or other
authority against an audiologist or speech-language pathologist, including actions
against an individual's license or privilege to practice such as revocation, suspension,
probation, monitoring of the licensee, or restriction on the licensee's practice.
(c) “Alternative program” means a nondisciplinary monitoring process
approved by an audiology or speech-language pathology licensing board to address
impaired practitioners.
(d) “Audiologist” means an individual who is licensed by a state to practice
audiology.
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(e) “Audiology” means the care and services provided by a licensed audiologist
as set forth in the member state's statutes and rules.
(f) “Audiology and speech-language pathology compact commission” or
“commission” means the national administrative body whose membership consists
of all states that have enacted the compact.
(g) “Audiology and speech-language pathology licensing board,” “audiology
licensing board,” “speech-language pathology licensing board,” or “licensing board”
means the agency of a state that is responsible for the licensing and regulation of
audiologists and/or speech-language pathologists.
(h) “Compact privilege” means the authorization granted by a remote state to
allow a licensee from another member state to practice as an audiologist or
speech-language pathologist in the remote state under its laws and rules. The
practice of audiology or speech-language pathology occurs in the member state
where the patient/client/student is located at the time of the patient/client/student
encounter.
(i) “Current significant investigative information” means investigative
information that a licensing board, after an inquiry or investigation that includes
notification and an opportunity for the audiologist or speech-language pathologist
to respond, if required by state law, has reason to believe is not groundless and, if
proved true, would indicate more than a minor infraction.
(j) “Data system” means a repository of information about licensees, including,
but not limited to, continuing education, examination, licensure, investigative,
compact privilege, and adverse action.
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(k) “Encumbered license” means a license in which an adverse action restricts
the practice of audiology or speech-language pathology by the licensee and said
adverse action has been reported to the National Practitioners Data Bank (NPDB).
(L) “Executive committee” means a group of directors elected or appointed to
act on behalf of, and within the powers granted to them by, the commission.
(m) “Home state” means the member state that is the licensee's primary state
of residence.
(n) “Impaired practitioner” means individuals whose professional practice is
adversely affected by substance abuse, addiction, or other health-related conditions.
(o) “Licensee” means an individual who currently holds an authorization from
the state licensing board to practice as an audiologist or speech-language
pathologist.
(p) “Member state” means a state that has enacted the compact.
(q) “Privilege to practice” means a legal authorization permitting the practice
of audiology or speech-language pathology in a remote state.
(r) “Remote state” means a member state other than the home state where a
licensee is exercising or seeking to exercise the compact privilege.
(s) “Rule” means a regulation, principle, or directive promulgated by the
commission that has the force of law.
(t) “Single-state license” means an audiology or speech-language pathology
license issued by a member state that authorizes practice only within the issuing
state and does not include a privilege to practice in any other member state.
(u) “Speech-language pathologist” means an individual who is licensed by a
state to practice speech-language pathology.
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(v) “Speech-language pathology” means the care and services provided by a
licensed speech-language pathologist as set forth in the member state's statutes and
rules.
(w) “State” means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of audiology and speech-language
pathology.
(x) “State practice laws” means a member state's laws, rules, and regulations
that govern the practice of audiology or speech-language pathology, define the scope
of audiology or speech-language pathology practice, and create the methods and
grounds for imposing discipline.
(y) “Telehealth” means the application of telecommunication technology to
deliver audiology or speech-language pathology services at a distance for
assessment, intervention, and/or consultation.
(3) STATE PARTICIPATION IN THE COMPACT. (a) A license issued to an audiologist
or speech-language pathologist by a home state to a resident in that state shall be
recognized by each member state as authorizing an audiologist or speech-language
pathologist to practice audiology or speech-language pathology, under a privilege to
practice, in each member state.
(b) 1. A state must implement or utilize procedures for considering the criminal
history records of applicants for initial privilege to practice. These procedures shall
include the submission of fingerprints or other biometric-based information by
applicants for the purpose of obtaining an applicant's criminal history record
information from the federal bureau of investigation and the agency responsible for
retaining that state's criminal records.
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2. A member state must fully implement a criminal background check
requirement, within a time frame established by rule, by receiving the results of the
federal bureau of investigation record search on criminal background checks and use
the results in making licensure decisions.
3. Communication between a member state, the commission, and among
member states regarding the verification of eligibility for licensure through the
compact shall not include any information received from the federal bureau of
investigation relating to a federal criminal records check performed by a member
state under P.L. 92-544.
(c) Upon application for a privilege to practice, the licensing board in the
issuing remote state shall ascertain, through the data system, whether the applicant
has ever held, or is the holder of, a license issued by any other state, whether there
are any encumbrances on any license or privilege to practice held by the applicant,
and whether any adverse action has been taken against any license or privilege to
practice held by the applicant.
(d) Each member state shall require an applicant to obtain or retain a license
in the home state and meet the home state's qualifications for licensure or renewal
of licensure, as well as, all other applicable state laws.
(e) For an audiologist:
1. Must meet one of the following educational requirements:
a. On or before, December 31, 2007, has graduated with a master's degree or
doctorate in audiology, or equivalent degree regardless of degree name, from a
program that is accredited by an accrediting agency recognized by the Council for
Higher Education Accreditation, or its successor, or by the U.S. department of
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education and operated by a college or university accredited by a regional or national
accrediting organization recognized by the board.
b. On or after, January 1, 2008, has graduated with a doctoral degree in
audiology, or equivalent degree, regardless of degree name, from a program that is
accredited by an accrediting agency recognized by the Council for Higher Education
Accreditation, or its successor, or by the U.S. department of education and operated
by a college or university accredited by a regional or national accrediting
organization recognized by the board.
c. Has graduated from an audiology program that is housed in an institution
of higher education outside of the United States for which the program and
institution have been approved by the authorized accrediting body in the applicable
country and the degree program has been verified by an independent credentials
review agency to be comparable to a state licensing board-approved program.
2. Has completed a supervised clinical practicum experience from an accredited
educational institution or its cooperating programs as required by the commission.
3. Has successfully passed a national examination approved by the
commission.
4. Holds an active, unencumbered license.
5. Has not been convicted or found guilty, and has not entered into an agreed
disposition, of a felony related to the practice of audiology, under applicable state or
federal criminal law.
6. Has a valid U.S. social security or national practitioner identification
number.
(f) For a speech-language pathologist:
1. Must meet one of the following educational requirements:
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a. Has graduated with a master's degree from a speech-language pathology
program that is accredited by an organization recognized by the U.S. department of
education and operated by a college or university accredited by a regional or national
accrediting organization recognized by the board.
b. Has graduated from a speech-language pathology program that is housed
in an institution of higher education outside of the United States for which the
program and institution have been approved by the authorized accrediting body in
the applicable country and the degree program has been verified by an independent
credentials review agency to be comparable to a state licensing board-approved
program.
2. Has completed a supervised clinical practicum experience from an
educational institution or its cooperating programs as required by the commission.
3. Has completed a supervised postgraduate professional experience as
required by the commission.
4. Has successfully passed a national examination approved by the
commission.
5. Holds an active, unencumbered license.
6. Has not been convicted or found guilty, and has not entered into an agreed
disposition, of a felony related to the practice of speech-language pathology, under
applicable state or federal criminal law.
7. Has a valid U.S. social security or national practitioner identification
number.
(g) The privilege to practice is derived from the home state license.
(h) An audiologist or speech-language pathologist practicing in a member state
must comply with the state practice laws of the state in which the client is located
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at the time service is provided. The practice of audiology and speech-language
pathology shall include all audiology and speech-language pathology practice as
defined by the state practice laws of the member state in which the client is located.
The practice of audiology and speech-language pathology in a member state under
a privilege to practice shall subject an audiologist or speech-language pathologist to
the jurisdiction of the licensing board, the courts, and the laws of the member state
in which the client is located at the time service is provided.
(i) Individuals not residing in a member state shall continue to be able to apply
for a member state's single-state license as provided under the laws of each member
state. However, the single-state license granted to these individuals shall not be
recognized as granting the privilege to practice audiology or speech-language
pathology in any other member state. Nothing in this compact shall affect the
requirements established by a member state for the issuance of a single-state
license.
(j) Member states may charge a fee for granting a compact privilege.
(k) Member states must comply with the bylaws and rules and regulations of
the commission.
(4) COMPACT PRIVILEGE. (a) To exercise the compact privilege under the terms
and provisions of the compact, the audiologist or speech-language pathologist shall:
1. Hold an active license in the home state.
2. Have no encumbrance on any state license.
3. Be eligible for a compact privilege in any member state in accordance with
sub. (3).
4. Have not had any adverse action against any license or compact privilege
within the previous 2 years from date of application.
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5. Notify the commission that the licensee is seeking the compact privilege
within a remote state.
6. Pay any applicable fees, including any state fee, for the compact privilege.
7. Report to the commission adverse action taken by any nonmember state
within 30 days from the date the adverse action is taken.
(b) For the purposes of the compact privilege, an audiologist or
speech-language pathologist shall only hold one home state license at a time.
(c) Except as provided in sub. (6), if an audiologist or speech-language
pathologist changes primary state of residence by moving between 2 member states,
the audiologist or speech-language pathologist must apply for licensure in the new
home state, and the license issued by the prior home state shall be deactivated in
accordance with applicable rules adopted by the commission.
(d) The audiologist or speech-language pathologist may apply for licensure in
advance of a change in primary state of residence.
(e) A license shall not be issued by the new home state until the audiologist or
speech-language pathologist provides satisfactory evidence of a change in primary
state of residence to the new home state and satisfies all applicable requirements to
obtain a license from the new home state.
(f) If an audiologist or speech-language pathologist changes primary state of
residence by moving from a member state to a nonmember state, the license issued
by the prior home state shall convert to a single-state license, valid only in the former
home state.
(g) The compact privilege is valid until the expiration date of the home state
license. The licensee must comply with the requirements of par. (a) to maintain the
compact privilege in the remote state.
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(h) A licensee providing audiology or speech-language pathology services in a
remote state under the compact privilege shall function within the laws and
regulations of the remote state.
(i) A licensee providing audiology or speech-language pathology services in a
remote state is subject to that state's regulatory authority. A remote state may, in
accordance with due process and that state's laws, remove a licensee's compact
privilege in the remote state for a specific period of time, impose fines, and/or take
any other necessary actions to protect the health and safety of its citizens.
(j) If a home state license is encumbered, the licensee shall lose the compact
privilege in any remote state until all of the following occur:
1. The home state license is no longer encumbered.
2. Two years have elapsed from the date of the adverse action.
(k) Once an encumbered license in the home state is restored to good standing,
the licensee must meet the requirements of par. (a) to obtain a compact privilege in
any remote state.
(L) Once the requirements of par. (j) have been met, the licensee must meet the
requirements in par. (a) to obtain a compact privilege in a remote state.
(5) COMPACT PRIVILEGE TO PRACTICE TELEHEALTH. Member states shall recognize
the right of an audiologist or speech-language pathologist, licensed by a home state
in accordance with sub. (3) and under rules promulgated by the commission, to
practice audiology or speech-language pathology in any member state via telehealth
under a privilege to practice as provided in the compact and rules promulgated by
the commission.
(6) ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES. Active duty military
personnel, or their spouse, shall designate a home state where the individual has a
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current license in good standing. The individual may retain the home state
designation during the period the service member is on active duty. Subsequent to
designating a home state, the individual shall only change their home state through
application for licensure in the new state.
(7) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state law,
a remote state shall have the authority, in accordance with existing state due process
law, to do any of the following:
1. Take adverse action against an audiologist's or speech-language
pathologist's privilege to practice within that member state.
2. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence.
Subpoenas issued by a licensing board in a member state for the attendance and
testimony of witnesses or the production of evidence from another member state
shall be enforced in the latter state by any court of competent jurisdiction, according
to the practice and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing authority shall pay any witness fees,
travel expenses, mileage, and other fees required by the service statutes of the state
in which the witnesses or evidence are located.
3. Only the home state shall have the power to take adverse action against a
audiologist's or speech-language pathologist's license issued by the home state.
(b) For purposes of taking adverse action, the home state shall give the same
priority and effect to reported conduct received from a member state as it would if
the conduct had occurred within the home state. In so doing, the home state shall
apply its own state laws to determine appropriate action.
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(c) The home state shall complete any pending investigations of an audiologist
or speech-language pathologist who changes primary state of residence during the
course of the investigations. The home state shall also have the authority to take
appropriate action and shall promptly report the conclusions of the investigations to
the administrator of the data system. The administrator of the coordinated licensure
information system shall promptly notify the new home state of any adverse actions.
(d) If otherwise permitted by state law, the member state may recover from the
affected audiologist or speech-language pathologist the costs of investigations and
disposition of cases resulting from any adverse action taken against that audiologist
or speech-language pathologist.
(e) The member state may take adverse action based on the factual findings of
the remote state, provided that the member state follows the member state's own
procedures for taking the adverse action.
(f) 1. In addition to the authority granted to a member state by its respective
audiology or speech-language pathology practice act or other applicable state law,
any member state may participate with other member states in joint investigations
of licensees.
2. Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the
compact.
(g) If adverse action is taken by the home state against an audiologist's or
speech language pathologist's license, the audiologist's or speech-language
pathologist's privilege to practice in all other member states shall be deactivated
until all encumbrances have been removed from the state license. All home state
disciplinary orders that impose adverse action against an audiologist's or speech
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language pathologist's license shall include a statement that the audiologist's or
speech-language pathologist's privilege to practice is deactivated in all member
states during the pendency of the order.
(h) If a member state takes adverse action, it shall promptly notify the
administrator of the data system. The administrator of the data system shall
promptly notify the home state of any adverse actions by remote states.
(i) Nothing in this compact shall override a member state's decision that
participation in an alternative program may be used in lieu of adverse action.
(8) ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT
COMMISSION. (a) 1. The compact member states hereby create and establish a joint
public agency known as the audiology and speech-language pathology compact
commission.
2. The commission is an instrumentality of the compact states.
3. Venue is proper and judicial proceedings by or against the commission shall
be brought solely and exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to participate in alternative
dispute resolution proceedings.
4. Nothing in this compact shall be construed to be a waiver of sovereign
immunity.
(b) 1. Each member state shall have 2 delegates selected by that member state's
licensing board. The delegates shall be current members of the licensing board. One
shall be an audiologist and one shall be a speech-language pathologist.
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2. An additional 5 delegates, who are either a public member or board
administrator from a state licensing board, shall be chosen by the executive
committee from a pool of nominees provided by the commission at large.
3. Any delegate may be removed or suspended from office as provided by the
law of the state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring on the commission,
within 90 days.
5. Each delegate shall be entitled to one vote with regard to the promulgation
of rules and creation of bylaws and shall otherwise have an opportunity to participate
in the business and affairs of the commission.
6. A delegate shall vote in person or by other means as provided in the bylaws.
The bylaws may provide for delegates' participation in meetings by telephone or
other means of communication.
7. The commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.
(c) The commission shall have the following powers and duties:
1. Establish the fiscal year of the commission.
2. Establish bylaws.
3. Establish a code of ethics.
4. Maintain its financial records in accordance with the bylaws.
5. Meet and take actions as are consistent with the provisions of this compact
and the bylaws.
6. Promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law and
shall be binding in all member states.
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7. Bring and prosecute legal proceedings or actions in the name of the
commission, provided that the standing of any state audiology or speech-language
pathology licensing board to sue or be sued under applicable law shall not be affected.
8. Purchase and maintain insurance and bonds.
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state.
10. Hire employees, elect or appoint officers, fix compensation, define duties,
grant individuals appropriate authority to carry out the purposes of the compact, and
to establish the commission's personnel policies and programs relating to conflicts
of interest, qualifications of personnel, and other related personnel matters.
11. Accept any and all appropriate donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same;
provided that at all times the commission shall avoid any appearance of impropriety
and/or conflict of interest.
12. Lease, purchase, and accept appropriate gifts or donations of, or otherwise
to own, hold, improve, or use, any property, real, personal or mixed; provided that at
all times the commission shall avoid any appearance of impropriety.
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed.
14. Establish a budget and make expenditures.
15. Borrow money.
16. Appoint committees, including standing committees composed of members,
and other interested persons as may be designated in this compact and the bylaws.
17. Provide and receive information from, and cooperate with, law enforcement
agencies.
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18. Establish and elect an executive committee.
19. Perform other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of audiology and
speech-language pathology licensure and practice.
(d) 1. The executive committee shall have the power to act on behalf of the
commission according to the terms of this compact.
2. The executive committee shall be composed of the following 10 members:
a. Seven voting members who are elected by the commission from the current
membership of the commission.
b. Two ex-officios, consisting of one nonvoting member from a recognized
national audiology professional association and one nonvoting member from a
recognized national speech-language pathology association.
c. One ex-officio, nonvoting member from the recognized membership
organization of the audiology and speech-language pathology licensing boards.
(e) 1. The ex-officio members shall be selected by their respective
organizations.
2. The commission may remove any member of the executive committee as
provided in bylaws.
3. The executive committee shall meet at least annually.
4. The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes
to this compact legislation, fees paid by compact member states such as annual dues,
and any commission compact fee charged to licensees for the compact privilege.
b. Ensure compact administration services are appropriately provided,
contractual or otherwise.
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c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the commission.
e. Monitor compact compliance of member states and provide compliance
reports to the commission.
f. Establish additional committees as necessary.
g. Other duties as provided in rules or bylaws.
5. All meetings shall be open to the public, and public notice of meetings shall
be given in the same manner as required under the rule-making provisions in sub.
(10).
6. The commission or the executive committee or other committees of the
commission may convene in a closed, nonpublic meeting if the commission or
executive committee or other committees of the commission must discuss:
a. Noncompliance of a member state with its obligations under the compact.
b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the commission's
internal personnel practices and procedures.
c. Current, threatened, or reasonably anticipated litigation.
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
real estate.
e. Accusing any person of a crime or formally censuring any person.
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential.
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
h. Disclosure of investigative records compiled for law enforcement purposes.
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i. Disclosure of information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant to the
compact.
j. Matters specifically exempted from disclosure by federal or member state
statute.
7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed
and shall reference each relevant exempting provision.
8. The commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be identified
in minutes. All minutes and documents of a closed meeting shall remain under seal,
subject to release by a majority vote of the commission or order of a court of competent
jurisdiction.
9. a. The commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
b. The commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.
c. The commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations and
activities of the commission and its staff, which must be in a total amount sufficient
to cover its annual budget as approved each year for which revenue is not provided
by other sources. The aggregate annual assessment amount shall be allocated based
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upon a formula to be determined by the commission, which shall promulgate a rule
binding upon all member states.
10. The commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same; nor shall the commission pledge the credit of any
of the member states, except by and with the authority of the member state.
11. The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be subject
to the audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the commission shall be audited
yearly by a certified or licensed public accountant, and the report of the audit shall
be included in and become part of the annual report of the commission.
(f) 1. The members, officers, executive director, employees, and representatives
of the commission shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or personal
injury or other civil liability caused by or arising out of any actual or alleged act, error
or omission that occurred, or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing in this subdivision
shall be construed to protect any person from suit and/or liability for any damage,
loss, injury, or liability caused by the intentional or willful or wanton misconduct of
that person.
2. The commission shall defend any member, officer, executive director,
employee, or representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of commission employment, duties, or responsibilities, or that the
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person against whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or responsibilities; provided
that nothing herein shall be construed to prohibit that person from retaining his or
her own counsel; and provided further, that the actual or alleged act, error, or
omission did not result from that person's intentional or willful or wanton
misconduct.
3. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the commission for the amount of
any settlement or judgment obtained against that person arising out of any actual
or alleged act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that person had a reasonable basis for
believing occurred within the scope of commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of that person.
(9) DATA SYSTEM. (a) The commission shall provide for the development,
maintenance, and utilization of a coordinated database and reporting system
containing licensure, adverse action, and investigative information on all licensed
individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member
state shall submit a uniform data set to the data system on all individuals to whom
this compact is applicable as required by the rules of the commission, including:
1. Identifying information.
2. Licensure data.
3. Adverse actions against a license or compact privilege.
4. Nonconfidential information related to alternative program participation.
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5. Any denial of application for licensure, and the reason for denial.
6. Other information that may facilitate the administration of this compact, as
determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state shall
only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse
action taken against a licensee or an individual applying for a license. Adverse action
information pertaining to a licensee in any member state shall be available to any
other member state.
(e) Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission
of the contributing state.
(f) Any information submitted to the data system that is subsequently required
to be expunged by the laws of the member state contributing the information shall
be removed from the data system.
(10) RULE MAKING. (a) The commission shall exercise its rule-making powers
pursuant to the criteria set forth in this subsection and the rules adopted thereunder.
Rules and amendments shall become binding as of the date specified in each rule or
amendment.
(b) If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the compact
within 4 years of the date of adoption of the rule, the rule shall have no further force
and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special
meeting of the commission.
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(d) Prior to promulgation and adoption of a final rule or rules by the
commission, and at least 30 days in advance of the meeting at which the rule shall
be considered and voted upon, the commission shall file a notice of proposed rule
making:
1. On the website of the commission or other publicly accessible platform.
2. On the website of each member state audiology or speech-language
pathology licensing board or other publicly accessible platform or the publication in
which each state would otherwise publish proposed rules.
(e) The notice of proposed rule making shall include:
1. The proposed time, date, and location of the meeting in which the rule shall
be considered and voted upon.
2. The text of the proposed rule or amendment and the reason for the proposed
rule.
3. A request for comments on the proposed rule from any interested person.
4. The manner in which interested persons may submit notice to the
commission of their intention to attend the public hearing and any written
comments.
(f) Prior to the adoption of a proposed rule, the commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made
available to the public.
(g) The commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by any of the following:
1. At least 25 persons.
2. A state or federal government subdivision or agency.
3. An association having at least 25 members.
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(h) 1. If a hearing is held on the proposed rule or amendment, the commission
shall publish the place, time, and date of the scheduled public hearing. If the hearing
is held via electronic means, the commission shall publish the mechanism for access
to the electronic hearing.
2. All persons wishing to be heard at the hearing shall notify the executive
director of the commission or other designated member in writing of their desire to
appear and testify at the hearing not less than 5 business days before the scheduled
date of the hearing.
3. Hearings shall be conducted in a manner providing each person who wishes
to comment a fair and reasonable opportunity to comment orally or in writing.
4. All hearings shall be recorded. A copy of the recording shall be made
available on request.
5. Nothing in this subsection shall be construed as requiring a separate hearing
on each rule. Rules may be grouped for the convenience of the commission at
hearings required by this subsection.
(i) Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the commission shall consider
all written and oral comments received.
(j) If no written notice of intent to attend the public hearing by interested
parties is received, the commission may proceed with promulgation of the proposed
rule without a public hearing.
(k) The commission shall, by majority vote of all members, take final action on
the proposed rule and shall determine the effective date of the rule, if any, based on
the rule-making record and the full text of the rule.
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(L) Upon determination that an emergency exists, the commission may
consider and adopt an emergency rule without prior notice, opportunity for
comment, or hearing, provided that the usual rule-making procedures provided in
the compact and in this subsection shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than 90 days after the effective date of the
rule. For the purposes of this paragraph, an emergency rule is one that must be
adopted immediately in order to do any of the following:
1. Meet an imminent threat to public health, safety, or welfare.
2. Prevent a loss of commission or member state funds.
3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule.
(m) The commission or an authorized committee of the commission may direct
revisions to a previously adopted rule or amendment for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the commission. The
revision shall be subject to challenge by any person for a period of 30 days after
posting. The revision may be challenged only on grounds that the revision results
in a material change to a rule. A challenge shall be made in writing and delivered
to the chair of the commission prior to the end of the notice period. If no challenge
is made, the revision shall take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the commission.
(11) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) 1. Upon request by
a member state, the commission shall attempt to resolve disputes related to the
compact that arise among member states and between member and nonmember
states.
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2. The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
(b) 1. The commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact.
2. By majority vote, the commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district where the
commission has its principal offices against a member state in default to enforce
compliance with the provisions of the compact and its promulgated rules and bylaws.
The relief sought may include both injunctive relief and damages. Notwithstanding
s. 814.04 (1), in the event judicial enforcement is necessary, the prevailing member
shall be awarded all costs of litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the commission.
The commission may pursue any other remedies available under federal or state law.
(12) DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR AUDIOLOGY AND
SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND
AMENDMENT. (a) The compact shall come into effect on the date on which the compact
statute is enacted into law in the 10th member state. The provisions, which become
effective at that time, shall be limited to the powers granted to the commission
relating to assembly and the promulgation of rules. Thereafter, the commission shall
meet and exercise rule-making powers necessary to the implementation and
administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial
adoption of the rules shall be subject to the rules as they exist on the date on which
the compact becomes law in that state. Any rule that has been previously adopted
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by the commission shall have the full force and effect of law on the day the compact
becomes law in that state.
(c) 1. Any member state may withdraw from this compact by enacting a statute
repealing the same.
2. A member state's withdrawal shall not take effect until 6 months after
enactment of the repealing statute.
3. Withdrawal shall not affect the continuing requirement of the withdrawing
state's audiology or speech-language pathology licensing board to comply with the
investigative and adverse action reporting requirements of this act prior to the
effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or
prevent any audiology or speech-language pathology licensure agreement or other
cooperative arrangement between a member state and a nonmember state that does
not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this
compact shall become effective and binding upon any member state until it is enacted
into the laws of all member states.
(13) CONSTRUCTION AND SEVERABILITY. This compact shall be liberally construed
so as to effectuate the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of this compact is declared
to be contrary to the constitution of any member state or of the United States or the
applicability thereof to any government, agency, person, or circumstance is held
invalid, the validity of the remainder of this compact and the applicability thereof to
any government, agency, person, or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any member state, the compact
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shall remain in full force and effect as to the remaining member states and in full
force and effect as to the member state affected as to all severable matters.
(14) BINDING EFFECT OF COMPACT AND OTHER LAWS. (a) Nothing herein prevents
the enforcement of any other law of a member state that is not inconsistent with the
compact.
(b) All laws in a member state in conflict with the compact are superseded to
the extent of the conflict.
(c) All lawful actions of the commission, including all rules and bylaws
promulgated by the commission, are binding upon the member states.
(d) All agreements between the commission and the member states are binding
in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits
imposed on the legislature of any member state, the provision shall be ineffective to
the extent of the conflict with the constitutional provision in question in that member
state.
459.71 Implementation of the audiology and speech-language
pathology interstate compact. (1) In this section:
(a) “Compact privilege” means a compact privilege, as defined in s. 459.70 (2)
(h), that is granted under the audiology and speech-language pathology interstate
compact under s. 459.70 to an individual to practice in this state.
(b) “Examining board” means the hearing and speech examining board.
(2) The department may impose a fee for an individual to receive a compact
privilege as provided under s. 459.70 (3) (j).
(3) (a) An individual who holds a compact privilege shall comply with s. 440.03
(13) (am).
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(b) Subject to s. 459.70 and any rules promulgated thereunder, ss. 440.20 to
440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
holds a compact privilege in the same manner that they apply to holders of licenses
and permits issued under subch. II.
SECTION 32. 632.895 (16) (b) 1. a. of the statutes is amended to read:
632.895 (16) (b) 1. a. Coverage of the cost of hearing aids and cochlear implants
that are prescribed by a physician, or by an audiologist who is licensed under subch.
II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, in
accordance with accepted professional medical or audiological standards, for a child
covered under the policy or plan who is under 18 years of age and who is certified as
deaf or hearing impaired by a physician or by an audiologist who is licensed under
subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459.
SECTION 33.0Nonstatutory provisions.
(1) The hearing and speech examining board and the department of safety and
professional services may promulgate emergency rules under s. 227.24 necessary to
implement this act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
promulgated under this subsection remain in effect until September 1, 2024, or the
date on which permanent rules take effect, whichever is sooner. Notwithstanding
s. 227.24 (1) (a) and (3), neither the board nor the department is required to provide
evidence that promulgating a rule under this subsection as an emergency rule is
necessary for the preservation of the public peace, health, safety, or welfare or
provide a finding of emergency for a rule promulgated under this subsection.
(END)
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