Date of enactment:
2023 Senate Bill 197 Date of publication*:
2023 WISCONSIN ACT
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.
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 Com-
mittee on Occupational Licenses.
This bill ratifies and enters Wisconsin into the Audiology
and Speech−Language Pathology Interstate Compact (com-
pact), which allows a speech−language pathologist or audiol-
ogist licensed in one member state (licensee) to obtain a “com-
pact 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 com-
pact, enforces the compact, adopts bylaws, promulgates bind-
ing rules for the compact, hires employees and elects or
appoints officers, establishes and elects an executive commit-
tee, 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 com-
pact privilege.
3. The ability for member state licensure boards to con-
duct joint investigations of licensees and the ability of mem-
ber states to issue subpoenas that are enforceable in other
states.
4. Creation of a coordinated database and reporting sys-
tem 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 sys-
tem on all individuals to whom the compact is applicable.
5. Various provisions regarding resolutions of disputes
between member states and between member and nonmem-
ber states.
Since the compact has already been enacted by the mini-
mum 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
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 197
authorizing the compact, but the compact provides that a with-
drawal 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 pathol-
ogy 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 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 fre-
quently operated by the person to apprise law enforce-
ment officers of the fact that the vehicle is owned or oper-
ated 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:
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) and,
448.9875 (2), and 459.71 (2), if an adjustment is neces-
sary 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 cre-
dential, 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 opera-
tions 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 fis-
cal biennium beginning on the July 1 immediately fol-
lowing the deadline for an adjustment under this subdivi-
sion.
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 investi-
gate whether an applicant for or holder of any of the fol-
lowing credentials has been charged with or convicted of
a crime only pursuant to rules promulgated by the depart-
ment under this paragraph, including rules that establish − 3 − 2023 Wisconsin Act 2023 Senate Bill 197
the criteria that the department will use to determine
whether an investigation under this paragraph is neces-
sary, 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.:
SECTION 12. 440.03 (13) (c) of the statutes is renum-
bered 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 fin-
gerprinted on 2 fingerprint cards, each bearing a com-
plete set of the person’s fingerprints:
a. An applicant for a private detective license or a pri-
vate 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 occu-
pational therapy assistant compact privilege under s.
448.987 (4), and an applicant for an occupational thera-
pist 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 fin-
gerprinted on 2 fingerprint cards, each bearing a com-
plete set of the person’s fingerprints.
2. The department of justice may submit the finger-
print cards, and the department of justice shall submit the
fingerprint cards of all applicants for a real 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 phys-
ical therapist license under s. 448.53 or a physical thera-
pist assistant license under s. 448.535, and of all appli-
cants 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 cre-
ated to read:
440.03 (13) (c) 1. i. An applicant for an audiologist
or speech−language pathologist license or compact privi-
lege under s. 459.24 when required pursuant to the audi-
ology and speech−language pathology interstate com-
pact 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, 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 patholo-
gist 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−lan-
guage 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. − 4 −2023 Wisconsin Act 2023 Senate Bill 197
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.
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 oth-
erwise 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 fol-
lowing apply an audiologist or speech−language patholo-
gist, 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 renum-
bered 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
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 per-
mittee, 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 priv-
ilege may, subject to s. 459.71 (3), do any of the follow-
ing:
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:
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 permit-
tee 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 con-
dition 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 per-
mit holder to obtain minimum results specified by the
examining board on one or more physical, mental, or pro-
fessional 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 con-
dition of reinstating a license or compact privilege that
has been suspended under this subchapter, require the
license or compact privilege holder to pass an examina-
tion required for initial licensure under s. 459.26 (2). − 5 − 2023 Wisconsin Act 2023 Senate Bill 197
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 examin-
ing board may assess against an applicant, licensee, com-
pact privilege holder, or permittee a forfeiture of not less
than $100 nor more than $2,500 for each violation enu-
merated 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 INTERSTATE COMPACT
459.70 Audiology and speech−language pathol-
ogy interstate compact. (1) PURPOSE. (a) The purpose
of this compact is to facilitate interstate practice of audi-
ology and speech−language pathology with the goal of
improving public access to audiology and speech−lan-
guage 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 reg-
ulatory 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 fol-
lowing 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.
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 facili-
tate 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 sta-
tus 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 privi-
lege to practice such as revocation, suspension, proba-
tion, 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.
(e) “Audiology” means the care and services pro-
vided 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 con-
sists 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−lan-
guage 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−lan-
guage 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, com-
pact privilege, and adverse action.
(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 Practi-
tioners Data Bank (NPDB).
(L) “Executive committee” means a group of direc-
tors 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. − 6 −2023 Wisconsin Act 2023 Senate Bill 197
(o) “Licensee” means an individual who currently
holds an authorization from the state licensing board to
practice as an audiologist or speech−language patholo-
gist.
(p) “Member state” means a state that has enacted the
compact.
(q) “Privilege to practice” means a legal authoriza-
tion permitting the practice of audiology or speech−lan-
guage 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 indi-
vidual who is licensed by a state to practice speech−lan-
guage pathology.
(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 pathol-
ogy.
(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 prac-
tice, and create the methods and grounds for imposing
discipline.
(y) “Telehealth” means the application of telecom-
munication 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 privi-
lege 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 biomet-
ric−based information by applicants for the purpose of
obtaining an applicant’s criminal history record informa-
tion from the federal bureau of investigation and the
agency responsible for retaining that state’s criminal
records.
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 back-
ground checks and use the results in making licensure
decisions.
3. Communication between a member state, the com-
mission, and among member states regarding the verifi-
cation of eligibility for licensure through the compact
shall not include any information received from the fed-
eral 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 pro-
gram that is accredited by an accrediting agency recog-
nized 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.
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 accred-
ited 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 veri-
fied by an independent credentials review agency to be
comparable to a state licensing board−approved pro-
gram.
2. Has completed a supervised clinical practicum
experience from an accredited educational institution or
its cooperating programs as required by the commission. − 7 − 2023 Wisconsin Act 2023 Senate Bill 197
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 fed-
eral criminal law.
6. Has a valid U.S. social security or national practi-
tioner identification number.
(f) For a speech−language pathologist:
1. Must meet one of the following educational
requirements:
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 accred-
ited 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 educa-
tion 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 cooper-
ating programs as required by the commission.
3. Has completed a supervised postgraduate profes-
sional 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 appli-
cable state or federal criminal law.
7. Has a valid U.S. social security or national practi-
tioner 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 at
the time service is provided. The practice of audiology
and speech−language pathology shall include all audiol-
ogy 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−lan-
guage 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 privi-
lege 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.
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 audi-
ologist 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 patholo-
gist 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. − 8 −2023 Wisconsin Act 2023 Senate Bill 197
(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.
(h) A licensee providing audiology or speech−lan-
guage pathology services in a remote state under the
compact privilege shall function within the laws and reg-
ulations of the remote state.
(i) A licensee providing audiology or speech−lan-
guage 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−lan-
guage 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
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 desig-
nating 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 investiga-
tions that require the attendance and testimony of wit-
nesses 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−lan-
guage 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.
(c) The home state shall complete any pending inves-
tigations of an audiologist or speech−language patholo-
gist 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 proce-
dures 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, litiga-
tion, 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 patholo-
gist’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 disci-
plinary orders that impose adverse action against an audi-
ologist’s or speech language pathologist’s license shall
include a statement that the audiologist’s or speech−lan- − 9 − 2023 Wisconsin Act 2023 Senate Bill 197
guage 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 pro-
gram 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 com-
pact 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 com-
mission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in alterna-
tive 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 del-
egates shall be current members of the licensing board.
One shall be an audiologist and one shall be a speech−lan-
guage pathologist.
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 partic-
ipate 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 coordi-
nate implementation and administration of this compact.
The rules shall have the force and effect of law and shall
be binding in all member states.
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 person-
nel, including, but not limited to, employees of a member
state.
10. Hire employees, elect or appoint officers, fix
compensation, define duties, grant individuals appropri-
ate authority to carry out the purposes of the compact, and
to establish the commission’s personnel policies and pro-
grams 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 ser-
vices, 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, per-
sonal, or mixed.
14. Establish a budget and make expenditures.
15. Borrow money.
16. Appoint committees, including standing commit-
tees composed of members, and other interested persons
as may be designated in this compact and the bylaws.
17. Provide and receive information from, and coop-
erate with, law enforcement agencies.
18. Establish and elect an executive committee.
19. Perform other functions as may be necessary or
appropriate to achieve the purposes of this compact con-
sistent 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: − 10 −2023 Wisconsin Act 2023 Senate Bill 197
a. Seven voting members who are elected by the
commission from the current membership of the com-
mission.
b. Two ex−officios, consisting of one nonvoting
member from a recognized national audiology profes-
sional association and one nonvoting member from a rec-
ognized national speech−language pathology associa-
tion.
c. One ex−officio, nonvoting member from the rec-
ognized 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 annu-
ally.
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 appro-
priately provided, contractual or otherwise.
c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the com-
mission.
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 execu-
tive committee or other committees of the commission
must discuss:
a. Noncompliance of a member state with its obliga-
tions 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 liti-
gation.
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 censur-
ing any person.
f. Disclosure of trade secrets or commercial or finan-
cial 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.
i. Disclosure of information related to any investiga-
tive reports prepared by or on behalf of or for use of the
commission or other committee charged with responsi-
bility 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 pur-
suant 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 juris-
diction.
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 appropri-
ate 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 activi-
ties 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 upon a formula to be determined
by the commission, which shall promulgate a rule bind-
ing 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 dis-
bursements 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 − 11 − 2023 Wisconsin Act 2023 Senate Bill 197
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 employ-
ment, duties, or responsibilities, 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 herein shall be construed to prohibit that person
from retaining his or her own counsel; and provided fur-
ther, that the actual or alleged act, error, or omission did
not result from that person’s intentional or willful or wan-
ton misconduct.
3. The commission shall indemnify and hold harm-
less 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 employ-
ment, duties, or responsibilities, or that person had a rea-
sonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities, pro-
vided that the actual or alleged act, error, or omission did
not result from the intentional or willful or wanton mis-
conduct 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 com-
mission, including:
1. Identifying information.
2. Licensure data.
3. Adverse actions against a license or compact privi-
lege.
4. Nonconfidential information related to alternative
program participation.
5. Any denial of application for licensure, and the
reason for denial.
6. Other information that may facilitate the adminis-
tration 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 mem-
ber states.
(d) The commission shall promptly notify all mem-
ber 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 exer-
cise 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 resolu-
tion 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.
(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 consid-
ered 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 meet-
ing 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 sub-
mit notice to the commission of their intention to attend
the public hearing and any written comments. − 12 −2023 Wisconsin Act 2023 Senate Bill 197
(f) Prior to the adoption of a proposed rule, the com-
mission 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.
(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 hear-
ings 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.
(L) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule
without prior notice, opportunity for comment, or hear-
ing, provided that the usual rule−making procedures pro-
vided 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 admin-
istrative 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 consis-
tency, or grammatical errors. Public notice of any revi-
sions 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 ENFORCE-
MENT. (a) 1. Upon request by a member state, the com-
mission shall attempt to resolve disputes related to the
compact that arise among member states and between
member and nonmember states.
2. The commission shall promulgate a rule providing
for both mediation and binding dispute resolution for dis-
putes 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 reason-
able attorney’s fees.
3. The remedies herein shall not be the exclusive
remedies of the commission. The commission may pur-
sue 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, WITH-
DRAWAL, 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 provi-
sions, which become effective at that time, shall be lim-
ited 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 − 13 − 2023 Wisconsin Act 2023 Senate Bill 197
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 previ-
ously adopted 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 com-
pact 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 require-
ment of the withdrawing state’s audiology or speech−lan-
guage pathology licensing board to comply with the inves-
tigative and adverse action reporting requirements of this
act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be con-
strued to invalidate or prevent any audiology or speech−
language pathology licensure agreement or other coopera-
tive 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 effec-
tive 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 applicabil-
ity thereof to any government, agency, person, or circum-
stance 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 con-
stitution of any member state, the compact 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 com-
pact.
(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 com-
pact 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).
(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 physi-
cian, 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 pro-
mulgate 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 emer-
gency 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.