Bill Text: IA HF500 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the adoption of the audiology and speech language pathology interstate compact.(Formerly HSB 122.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2021-03-08 - Subcommittee Meeting: 03/10/2021 3:00PM RM 24A. [HF500 Detail]
Download: Iowa-2021-HF500-Introduced.html
House
File
500
-
Introduced
HOUSE
FILE
500
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
122)
A
BILL
FOR
An
Act
relating
to
the
adoption
of
the
audiology
and
speech
1
language
pathology
interstate
compact.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
147E.1
Audiology
and
speech
1
language
pathology
interstate
compact.
2
1.
Purpose.
The
purpose
of
this
compact
is
to
facilitate
3
interstate
practice
of
audiology
and
speech
language
pathology
4
with
the
goal
of
improving
public
access
to
audiology
and
5
speech
language
pathology
services.
The
practice
of
audiology
6
and
speech
language
pathology
occurs
in
the
state
where
the
7
patient,
client,
or
student
is
located
at
the
time
of
the
8
patient,
client,
or
student
encounter.
The
compact
preserves
9
the
regulatory
authority
of
states
to
protect
public
health
and
10
safety
through
the
current
system
of
state
licensure.
This
11
compact
is
designed
to
achieve
the
following
objectives:
12
a.
Increase
public
access
to
audiology
and
speech
language
13
pathology
services
by
providing
for
the
mutual
recognition
of
14
other
member
state
licenses.
15
b.
Enhance
the
states’
ability
to
protect
the
public’s
16
health
and
safety.
17
c.
Encourage
the
cooperation
of
member
states
in
regulating
18
multistate
audiology
and
speech
language
pathology
practice.
19
d.
Support
spouses
of
relocating
active
duty
military
20
personnel.
21
e.
Enhance
the
exchange
of
licensure,
investigative,
and
22
disciplinary
information
between
member
states.
23
f.
Allow
a
remote
state
to
hold
a
provider
of
services
with
24
a
compact
privilege
in
that
state
accountable
to
that
state’s
25
practice
standards.
26
g.
Allow
for
the
use
of
telehealth
technology
to
facilitate
27
increased
access
to
audiology
and
speech
language
pathology
28
services.
29
2.
Definitions.
As
used
in
this
compact,
and
except
as
30
otherwise
provided,
the
following
definitions
shall
apply:
31
a.
“Active
duty
military”
means
full-time
duty
status
in
32
the
active
uniformed
service
of
the
United
States,
including
33
members
of
the
national
guard
and
the
reserves
on
active
duty
34
orders
pursuant
to
10
U.S.C.
§1209
and
10
U.S.C.
§1211.
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b.
“Adverse
action”
means
any
administrative,
civil,
1
equitable,
or
criminal
action
permitted
by
a
state’s
laws
which
2
is
imposed
by
a
licensing
board
or
other
authority
against
an
3
audiologist
or
speech
language
pathologist,
including
actions
4
against
an
individual’s
license
or
privilege
to
practice
5
such
as
revocation,
suspension,
probation,
monitoring
of
the
6
licensee,
or
restriction
of
the
licensee’s
practice.
7
c.
“Alternative
program”
means
a
nondisciplinary
monitoring
8
process
approved
by
an
audiology
or
speech
language
pathology
9
licensing
board
to
address
impaired
practitioners.
10
d.
“Audiologist”
means
an
individual
who
is
licensed
by
a
11
state
to
practice
audiology.
12
e.
“Audiology”
means
the
care
and
services
provided
by
13
a
licensed
audiologist
as
set
forth
in
the
member
state’s
14
statutes
and
rules.
15
f.
“Audiology
and
speech
language
pathology
compact
16
commission”
or
“commission”
means
the
national
administrative
17
body
whose
membership
consists
of
all
states
that
have
enacted
18
the
compact.
19
g.
“Audiology
and
speech
language
pathology
licensing
board”
,
20
“audiology
licensing
board”,
“speech
language
pathology
licensing
21
board”
,
or
“licensing
board”
means
the
agency
of
a
state
that
is
22
responsible
for
the
licensing
and
regulation
of
audiologists
or
23
speech
language
pathologists.
24
h.
“Compact
privilege”
means
the
authorization
granted
by
25
a
remote
state
to
allow
a
licensee
from
another
member
state
26
to
practice
as
an
audiologist
or
speech
language
pathologist
27
in
the
remote
state
under
its
laws
and
rules.
The
practice
of
28
audiology
or
speech
language
pathology
occurs
in
the
member
29
state
where
the
patient,
client,
or
student
is
located
at
the
30
time
of
the
patient,
client,
or
student
encounter.
31
i.
“Current
significant
investigative
information”
means
32
investigative
information
that
a
licensing
board,
after
an
33
inquiry
or
investigation
that
includes
notification
and
an
34
opportunity
for
the
audiologist
or
speech
language
pathologist
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to
respond,
if
required
by
state
law,
has
reason
to
believe
is
1
not
groundless
and,
if
proved
true,
would
indicate
more
than
a
2
minor
infraction.
3
j.
“Data
system”
means
a
repository
of
information
about
4
licensees,
including
but
not
limited
to
continuing
education,
5
examination,
licensure,
investigative,
compact
privilege,
and
6
adverse
action.
7
k.
“Encumbered
license”
means
a
license
in
which
an
adverse
8
action
restricts
the
practice
of
audiology
or
speech
language
9
pathology
by
the
licensee
and
said
adverse
action
has
been
10
reported
to
the
national
practitioners
data
bank.
11
l.
“Executive
committee”
means
a
group
of
directors
elected
12
or
appointed
to
act
on
behalf
of,
and
within
the
powers
granted
13
to
them
by,
the
commission.
14
m.
“Home
state”
means
the
member
state
that
is
the
15
licensee’s
primary
state
of
residence.
16
n.
“Impaired
practitioner”
means
an
individual
whose
17
professional
practice
is
adversely
affected
by
substance
abuse,
18
addiction,
or
other
health-related
conditions.
19
o.
“Licensee”
means
an
individual
who
currently
holds
an
20
authorization
from
the
state
licensing
board
to
practice
as
an
21
audiologist
or
speech
language
pathologist.
22
p.
“Member
state”
means
a
state
that
has
enacted
the
23
compact.
24
q.
“Privilege
to
practice”
means
a
legal
authorization
25
permitting
the
practice
of
audiology
or
speech
language
26
pathology
in
a
remote
state.
27
r.
“Remote
state”
means
a
member
state,
other
than
the
home
28
state,
where
a
licensee
is
exercising
or
seeking
to
exercise
29
the
compact
privilege.
30
s.
“Rule”
means
a
regulation,
principle,
or
directive
31
promulgated
by
the
commission
that
has
the
force
of
law.
32
t.
“Single-state
license”
means
an
audiology
or
speech
33
language
pathology
license
issued
by
a
member
state
that
34
authorizes
practice
only
within
the
issuing
state
and
does
not
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include
a
privilege
to
practice
in
any
other
member
state.
1
u.
“Speech
language
pathologist”
means
an
individual
who
is
2
licensed
by
a
state
to
practice
speech
language
pathology.
3
v.
“Speech
language
pathology”
means
the
care
and
services
4
provided
by
a
licensed
speech
language
pathologist
as
set
forth
5
in
the
member
state’s
statutes
and
rules.
6
w.
“State”
means
any
state,
commonwealth,
district,
or
7
territory
of
the
United
States
that
regulates
the
practice
of
8
audiology
and
speech
language
pathology.
9
x.
“State
practice
laws”
means
a
member
state’s
laws,
rules,
10
and
regulations
that
govern
the
practice
of
audiology
or
speech
11
language
pathology,
define
the
scope
of
audiology
or
speech
12
language
pathology
practice,
and
create
the
methods
and
grounds
13
for
imposing
discipline.
14
y.
“Telehealth”
means
the
application
of
telecommunication,
15
audiovisual,
or
other
technologies
that
meet
the
applicable
16
standard
of
care
to
deliver
audiology
or
speech
language
17
pathology
services
at
a
distance
for
assessment,
intervention,
18
or
consultation.
19
3.
State
participation
in
the
compact.
20
a.
A
license
issued
to
an
audiologist
or
speech
language
21
pathologist
by
a
home
state
to
a
resident
in
that
state
22
shall
be
recognized
by
each
member
state
as
authorizing
23
an
audiologist
or
speech
language
pathologist
to
practice
24
audiology
or
speech
language
pathology,
under
a
privilege
to
25
practice,
in
each
member
state.
26
b.
A
state
must
implement
or
utilize
procedures
for
27
considering
the
criminal
history
records
of
applicants
for
28
initial
privilege
to
practice.
These
procedures
shall
include
29
the
submission
of
fingerprints
or
other
biometric-based
30
information
by
applicants
for
the
purpose
of
obtaining
an
31
applicant’s
criminal
history
record
information
from
the
32
federal
bureau
of
investigation
and
the
agency
responsible
for
33
retaining
that
state’s
criminal
records.
34
(1)
A
member
state
must
fully
implement
a
criminal
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background
check
requirement,
within
a
time
frame
established
1
by
rule,
by
receiving
the
results
of
the
federal
bureau
of
2
investigation
record
search
on
criminal
background
checks
and
3
use
the
results
in
making
licensure
decisions.
4
(2)
Communication
between
a
member
state,
the
commission,
5
and
among
member
states
regarding
the
verification
of
6
eligibility
for
licensure
through
the
compact
shall
not
7
include
any
information
received
from
the
federal
bureau
of
8
investigation
relating
to
a
federal
criminal
records
check
9
performed
by
a
member
state
under
the
Department
of
State,
10
Justice,
and
Commerce,
the
Judiciary,
and
Related
Agencies
11
Appropriation
Act,
1973,
Pub.
L.
No.
92-544.
12
c.
Upon
application
for
a
privilege
to
practice,
the
13
licensing
board
in
the
issuing
remote
state
shall
ascertain,
14
through
the
data
system,
whether
the
applicant
has
ever
held,
15
or
is
the
holder
of,
a
license
issued
by
any
other
state,
16
whether
there
are
any
encumbrances
on
any
license
or
privilege
17
to
practice
held
by
the
applicant,
and
whether
any
adverse
18
action
has
been
taken
against
any
license
or
privilege
to
19
practice
held
by
the
applicant.
20
d.
Each
member
state
shall
require
an
applicant
to
obtain
21
or
retain
a
license
in
the
home
state
and
meet
the
home
state’s
22
qualifications
for
licensure
or
renewal
of
licensure
as
well
as
23
all
other
applicable
state
laws.
24
e.
For
an
audiologist:
25
(1)
Must
meet
one
of
the
following
educational
26
requirements:
27
(a)
On
or
before
December
31,
2007,
has
graduated
with
a
28
master’s
degree
or
doctorate
in
audiology,
or
equivalent
degree
29
regardless
of
degree
name,
from
a
program
that
is
accredited
30
by
an
accrediting
agency
recognized
by
the
council
for
higher
31
education
accreditation,
or
its
successor,
or
by
the
United
32
States
department
of
education
and
operated
by
a
college
or
33
university
accredited
by
a
regional
or
national
accrediting
34
organization
recognized
by
the
board.
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(b)
On
or
after
January
1,
2008,
has
graduated
with
a
1
doctoral
degree
in
audiology,
or
equivalent
degree
regardless
2
of
degree
name,
from
a
program
that
is
accredited
by
an
3
accrediting
agency
recognized
by
the
council
for
higher
4
education
accreditation,
or
its
successor,
or
by
the
United
5
States
department
of
education
and
operated
by
a
college
or
6
university
accredited
by
a
regional
or
national
accrediting
7
organization
recognized
by
the
board.
8
(c)
Has
graduated
from
an
audiology
program
that
is
housed
9
in
an
institution
of
higher
education
outside
of
the
United
10
States
for
which
the
program
and
institution
have
been
approved
11
by
the
authorized
accrediting
body
in
the
applicable
country
12
and
the
degree
program
has
been
verified
by
an
independent
13
credentials
review
agency
to
be
comparable
to
a
state
licensing
14
board-approved
program.
15
(2)
Has
completed
a
supervised
clinical
practicum
16
experience
from
an
accredited
educational
institution
or
its
17
cooperating
programs
as
required
by
the
board.
18
(3)
Has
successfully
passed
a
national
examination
approved
19
by
the
commission.
20
(4)
Holds
an
active,
unencumbered
license.
21
(5)
Has
not
been
convicted
or
found
guilty,
and
has
not
22
entered
into
an
agreed
disposition,
of
a
felony
related
to
23
the
practice
of
audiology,
under
applicable
state
or
federal
24
criminal
law.
25
(6)
Has
a
valid
United
States
social
security
or
national
26
practitioner
identification
number.
27
f.
For
a
speech
language
pathologist:
28
(1)
Must
meet
one
of
the
following
educational
29
requirements:
30
(a)
Has
graduated
with
a
master’s
degree
from
a
speech
31
language
pathology
program
that
is
accredited
by
an
32
organization
recognized
by
the
United
States
department
of
33
education
and
operated
by
a
college
or
university
accredited
34
by
a
regional
or
national
accrediting
organization
recognized
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by
the
board.
1
(b)
Has
graduated
from
a
speech
language
pathology
program
2
that
is
housed
in
an
institution
of
higher
education
outside
3
of
the
United
States
for
which
the
program
and
institution
4
have
been
approved
by
the
authorized
accrediting
body
in
the
5
applicable
country
and
the
degree
program
has
been
verified
by
6
an
independent
credentials
review
agency
to
be
comparable
to
a
7
state
licensing
board-approved
program.
8
(2)
Has
completed
a
supervised
clinical
practicum
9
experience
from
an
educational
institution
or
its
cooperating
10
programs
as
required
by
the
commission.
11
(3)
Has
completed
a
supervised
postgraduate
professional
12
experience
as
required
by
the
commission.
13
(4)
Has
successfully
passed
a
national
examination
approved
14
by
the
commission.
15
(5)
Holds
an
active,
unencumbered
license.
16
(6)
Has
not
been
convicted
or
found
guilty,
and
has
not
17
entered
into
an
agreed
disposition,
of
a
felony
related
to
the
18
practice
of
speech
language
pathology,
under
applicable
state
19
or
federal
criminal
law.
20
(7)
Has
a
valid
United
States
social
security
or
national
21
practitioner
identification
number.
22
g.
The
privilege
to
practice
is
derived
from
the
home
state
23
license.
24
h.
An
audiologist
or
speech
language
pathologist
practicing
25
in
a
member
state
must
comply
with
the
state
practice
laws
of
26
the
state
in
which
the
client
is
located
at
the
time
service
27
is
provided.
The
practice
of
audiology
and
speech
language
28
pathology
shall
include
all
audiology
and
speech
language
29
pathology
practice
as
defined
by
the
state
practice
laws
of
the
30
member
state
in
which
the
client
is
located.
The
practice
of
31
audiology
and
speech
language
pathology
in
a
member
state
under
32
a
privilege
to
practice
shall
subject
an
audiologist
or
speech
33
language
pathologist
to
the
jurisdiction
of
the
licensing
board
34
and
the
courts
and
the
laws
of
the
member
state
in
which
the
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client
is
located
at
the
time
service
is
provided.
1
i.
Individuals
not
residing
in
a
member
state
shall
continue
2
to
be
able
to
apply
for
a
member
state’s
single-state
license
3
as
provided
under
the
laws
of
each
member
state.
However,
the
4
single-state
license
granted
to
these
individuals
shall
not
be
5
recognized
as
granting
the
privilege
to
practice
audiology
or
6
speech
language
pathology
in
any
other
member
state.
Nothing
7
in
this
compact
shall
affect
the
requirements
established
by
a
8
member
state
for
the
issuance
of
a
single-state
license.
9
j.
Member
states
may
charge
a
fee
for
granting
a
compact
10
privilege.
11
k.
Member
states
must
comply
with
the
bylaws
and
rules
and
12
regulations
of
the
commission.
13
4.
Compact
privilege.
14
a.
To
exercise
the
compact
privilege
under
the
terms
and
15
provisions
of
the
compact,
the
audiologist
or
speech
language
16
pathologist
shall
do
all
of
the
following:
17
(1)
Hold
an
active
license
in
the
home
state.
18
(2)
Have
no
encumbrance
on
any
state
license.
19
(3)
Be
eligible
for
a
compact
privilege
in
any
member
state
20
in
accordance
with
subsection
3.
21
(4)
Have
not
had
any
adverse
action
against
any
license
or
22
compact
privilege
within
the
previous
two
years
from
date
of
23
application.
24
(5)
Notify
the
commission
that
the
licensee
is
seeking
the
25
compact
privilege
within
a
remote
state.
26
(6)
Pay
any
applicable
fees,
including
any
state
fee,
for
27
the
compact
privilege.
28
(7)
Report
to
the
commission
adverse
action
taken
by
any
29
nonmember
state
within
thirty
days
from
the
date
the
adverse
30
action
is
taken.
31
b.
For
the
purposes
of
the
compact
privilege,
an
audiologist
32
or
speech
language
pathologist
shall
only
hold
one
home
state
33
license
at
a
time.
34
c.
Except
as
provided
in
subsection
6,
if
an
audiologist
or
35
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speech
language
pathologist
changes
primary
state
of
residence
1
by
moving
between
two
member
states,
the
audiologist
or
speech
2
language
pathologist
must
apply
for
licensure
in
the
new
home
3
state,
and
the
license
issued
by
the
prior
home
state
shall
be
4
deactivated
in
accordance
with
applicable
rules
adopted
by
the
5
commission.
6
d.
The
audiologist
or
speech
language
pathologist
may
apply
7
for
licensure
in
advance
of
a
change
in
the
primary
state
of
8
residence.
9
e.
A
license
shall
not
be
issued
by
the
new
home
state
10
until
the
audiologist
or
speech
language
pathologist
provides
11
satisfactory
evidence
of
a
change
in
the
primary
state
of
12
residence
to
the
new
home
state
and
satisfies
all
applicable
13
requirements
to
obtain
a
license
from
the
new
home
state.
14
f.
If
an
audiologist
or
speech
language
pathologist
changes
15
the
primary
state
of
residence
by
moving
from
a
member
state
16
to
a
nonmember
state,
the
license
issued
by
the
prior
home
17
state
shall
convert
to
a
single-state
license,
valid
only
in
18
the
former
home
state.
19
g.
The
compact
privilege
is
valid
until
the
expiration
date
20
of
the
home
state
license.
The
licensee
must
comply
with
the
21
requirements
of
subsection
4,
paragraph
“a”
,
to
maintain
the
22
compact
privilege
in
the
remote
state.
23
h.
A
licensee
providing
audiology
or
speech
language
24
pathology
services
in
a
remote
state
under
the
compact
25
privilege
shall
function
within
the
laws
and
regulations
of
the
26
remote
state.
27
i.
A
licensee
providing
audiology
or
speech
language
28
pathology
services
in
a
remote
state
is
subject
to
that
state’s
29
regulatory
authority.
A
remote
state
may,
in
accordance
with
30
due
process
and
that
state’s
laws,
remove
a
licensee’s
compact
31
privilege
in
the
remote
state
for
a
specific
period
of
time,
32
impose
fines,
or
take
any
other
necessary
actions
to
protect
33
the
health
and
safety
of
its
citizens.
34
j.
If
a
home
state
license
is
encumbered,
the
licensee
shall
35
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lose
the
compact
privilege
in
any
remote
state
until
both
of
1
the
following
occur:
2
(1)
The
home
state
license
is
no
longer
encumbered.
3
(2)
Two
years
have
elapsed
from
the
date
of
the
adverse
4
action.
5
k.
Once
an
encumbered
license
in
the
home
state
is
restored
6
to
good
standing,
the
licensee
must
meet
the
requirements
of
7
subsection
4,
paragraph
“a”
,
to
obtain
a
compact
privilege
in
8
any
remote
state.
9
l.
Once
the
requirements
of
subsection
4,
paragraph
“j”
,
10
have
been
met,
the
licensee
must
meet
the
requirements
in
11
subsection
4,
paragraph
“a”
,
to
obtain
a
compact
privilege
in
a
12
remote
state.
13
5.
Compact
privilege
to
practice
telehealth.
14
a.
Member
states
shall
recognize
the
right
of
an
audiologist
15
or
speech
language
pathologist,
licensed
by
a
home
state
in
16
accordance
with
subsection
3
and
under
rules
promulgated
by
17
the
commission,
to
practice
audiology
or
speech
language
18
pathology
in
any
member
state
via
telehealth
under
a
privilege
19
to
practice
as
provided
in
the
compact
and
rules
promulgated
20
by
the
commission.
21
b.
A
licensee
providing
audiology
or
speech
language
22
pathology
services
in
a
remote
state
under
the
compact
23
privilege
shall
function
within
the
laws
and
regulations
of
the
24
state
where
the
patient
or
client
is
located.
25
6.
Active
duty
military
personnel
or
their
spouses.
26
Active
duty
military
personnel,
or
their
spouse,
shall
27
designate
a
home
state
where
the
individual
has
a
current
28
license
in
good
standing.
The
individual
may
retain
the
29
home
state
designation
during
the
period
the
service
member
30
is
on
active
duty.
Subsequent
to
designating
a
home
state,
31
the
individual
shall
only
change
their
home
state
through
32
application
for
licensure
in
the
new
state.
33
7.
Adverse
actions.
34
a.
In
addition
to
the
other
powers
conferred
by
state
law,
35
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a
remote
state
shall
have
the
authority,
in
accordance
with
1
existing
state
due
process
law,
to
do
all
of
the
following:
2
(1)
Take
adverse
action
against
an
audiologist’s
or
speech
3
language
pathologist’s
privilege
to
practice
within
that
member
4
state.
5
(2)
Issue
subpoenas
for
both
hearings
and
investigations
6
that
require
the
attendance
and
testimony
of
witnesses
as
well
7
as
the
production
of
evidence.
Subpoenas
issued
by
a
licensing
8
board
in
a
member
state
for
the
attendance
and
testimony
of
9
witnesses
or
the
production
of
evidence
from
another
member
10
state
shall
be
enforced
in
the
latter
state
by
any
court
of
11
competent
jurisdiction,
according
to
the
practice
and
procedure
12
of
that
court
applicable
to
subpoenas
issued
in
proceedings
13
pending
before
it.
The
issuing
authority
shall
pay
any
witness
14
fees,
travel
expenses,
mileage,
and
other
fees
required
by
15
the
service
statutes
of
the
state
in
which
the
witnesses
or
16
evidence
are
located.
17
(3)
Only
the
home
state
shall
have
the
power
to
take
18
adverse
action
against
an
audiologist’s
or
speech
language
19
pathologist’s
license
issued
by
the
home
state.
20
b.
For
purposes
of
taking
adverse
action,
the
home
state
21
shall
give
the
same
priority
and
effect
to
reported
conduct
22
received
from
a
member
state
as
it
would
if
the
conduct
had
23
occurred
within
the
home
state.
In
so
doing,
the
home
state
24
shall
apply
its
own
state
laws
to
determine
appropriate
action.
25
c.
The
home
state
shall
complete
any
pending
investigations
26
of
an
audiologist
or
speech
language
pathologist
who
27
changes
primary
state
of
residence
during
the
course
of
the
28
investigations.
The
home
state
shall
also
have
the
authority
29
to
take
appropriate
action
and
shall
promptly
report
the
30
conclusions
of
the
investigations
to
the
administrator
of
31
the
data
system.
The
administrator
of
the
data
system
shall
32
promptly
notify
the
new
home
state
of
any
adverse
actions.
33
d.
If
otherwise
permitted
by
state
law,
the
member
state
34
may
recover
from
the
affected
audiologist
or
speech
language
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pathologist
the
costs
of
investigations
and
disposition
of
1
cases
resulting
from
any
adverse
action
taken
against
that
2
audiologist
or
speech
language
pathologist.
3
e.
The
member
state
may
take
adverse
action
based
on
the
4
factual
findings
of
the
remote
state,
provided
that
the
member
5
state
follows
the
member
state’s
own
procedures
for
taking
the
6
adverse
action.
7
f.
Joint
investigations.
8
(1)
In
addition
to
the
authority
granted
to
a
member
state
9
by
its
respective
audiology
or
speech
language
pathology
10
practice
act
or
other
applicable
state
law,
any
member
11
state
may
participate
with
other
member
states
in
joint
12
investigations
of
licensees.
13
(2)
Member
states
shall
share
any
investigative,
14
litigation,
or
compliance
materials
in
furtherance
of
any
joint
15
or
individual
investigation
initiated
under
the
compact.
16
g.
If
adverse
action
is
taken
by
the
home
state
against
an
17
audiologist’s
or
speech
language
pathologist’s
license,
the
18
audiologist’s
or
speech
language
pathologist’s
privilege
to
19
practice
in
all
other
member
states
shall
be
deactivated
until
20
all
encumbrances
have
been
removed
from
the
home
state
license.
21
All
home
state
disciplinary
orders
that
impose
adverse
action
22
against
an
audiologist’s
or
speech
language
pathologist’s
23
license
shall
include
a
statement
that
the
audiologist’s
24
or
speech
language
pathologist’s
privilege
to
practice
is
25
deactivated
in
all
member
states
during
the
pendency
of
the
26
order.
27
h.
If
a
member
state
takes
adverse
action,
it
shall
promptly
28
notify
the
administrator
of
the
data
system.
The
administrator
29
of
the
data
system
shall
promptly
notify
the
home
state
of
any
30
adverse
actions
by
remote
states.
31
i.
Nothing
in
this
compact
shall
override
a
member
state’s
32
decision
that
participation
in
an
alternative
program
may
be
33
used
in
lieu
of
adverse
action.
34
8.
Establishment
of
the
audiology
and
speech
language
35
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pathology
compact
commission.
1
a.
The
compact
member
states
hereby
create
and
establish
a
2
joint
public
agency
known
as
the
audiology
and
speech
language
3
pathology
compact
commission.
4
(1)
The
commission
is
an
instrumentality
of
the
compact
5
states.
6
(2)
Venue
is
proper
and
judicial
proceedings
by
or
against
7
the
commission
shall
be
brought
solely
and
exclusively
in
a
8
court
of
competent
jurisdiction
where
the
principal
office
of
9
the
commission
is
located.
The
commission
may
waive
venue
and
10
jurisdictional
defenses
to
the
extent
it
adopts
or
consents
to
11
participate
in
alternative
dispute
resolution
proceedings.
12
(3)
Nothing
in
this
compact
shall
be
construed
to
be
a
13
waiver
of
sovereign
immunity.
14
b.
Membership,
voting,
and
meetings.
15
(1)
Each
member
state
shall
have
two
delegates
selected
16
by
that
member
state’s
licensing
board.
The
delegates
shall
17
be
current
members
of
the
licensing
board.
One
shall
be
an
18
audiologist
and
one
shall
be
a
speech
language
pathologist.
19
(2)
An
additional
five
delegates,
who
are
either
a
public
20
member
or
board
administrator
from
a
state
licensing
board,
21
shall
be
chosen
by
the
executive
committee
from
a
pool
of
22
nominees
provided
by
the
commission
at
large.
23
(3)
Any
delegate
may
be
removed
or
suspended
from
office
24
as
provided
by
the
law
of
the
state
from
which
the
delegate
is
25
appointed.
26
(4)
The
member
state
board
shall
fill
any
vacancy
occurring
27
on
the
commission
within
ninety
days
of
a
vacancy.
28
(5)
Each
delegate
shall
be
entitled
to
one
vote
with
regard
29
to
the
promulgation
of
rules
and
creation
of
bylaws
and
shall
30
otherwise
have
an
opportunity
to
participate
in
the
business
31
and
affairs
of
the
commission.
32
(6)
A
delegate
shall
vote
in
person
or
by
other
means
as
33
provided
in
the
bylaws.
The
bylaws
may
provide
for
delegates’
34
participation
in
meetings
by
telephone
or
other
means
of
35
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communication.
1
(7)
The
commission
shall
meet
at
least
once
during
each
2
calendar
year.
Additional
meetings
shall
be
held
as
set
forth
3
in
the
bylaws.
4
c.
The
commission
shall
have
the
following
powers
and
5
duties:
6
(1)
Establish
the
fiscal
year
of
the
commission.
7
(2)
Establish
bylaws.
8
(3)
Establish
a
code
of
ethics.
9
(4)
Maintain
its
financial
records
in
accordance
with
the
10
bylaws.
11
(5)
Meet
and
take
actions
as
are
consistent
with
the
12
provisions
of
this
compact
and
the
bylaws.
13
(6)
Promulgate
uniform
rules
to
facilitate
and
coordinate
14
implementation
and
administration
of
this
compact.
The
rules
15
shall
have
the
force
and
effect
of
law
and
shall
be
binding
in
16
all
member
states
to
the
extent
and
in
the
manner
provided
for
17
in
the
compact.
18
(7)
Bring
and
prosecute
legal
proceedings
or
actions
in
the
19
name
of
the
commission,
provided
that
the
standing
of
any
state
20
audiology
or
speech
language
pathology
licensing
board
to
sue
21
or
be
sued
under
applicable
law
shall
not
be
affected.
22
(8)
Purchase
and
maintain
insurance
and
bonds.
23
(9)
Borrow,
accept,
or
contract
for
services
of
personnel,
24
including
but
not
limited
to
employees
of
a
member
state.
25
(10)
Hire
employees,
elect
or
appoint
officers,
fix
26
compensation,
define
duties,
grant
individuals
appropriate
27
authority
to
carry
out
the
purposes
of
the
compact,
and
28
establish
the
commission’s
personnel
policies
and
programs
29
relating
to
conflicts
of
interest,
qualifications
of
personnel,
30
and
other
related
personnel
matters.
31
(11)
Accept
any
and
all
appropriate
donations
and
grants
32
of
money,
equipment,
supplies,
materials,
and
services,
and
33
receive,
utilize
and
dispose
of
the
same;
provided
that
at
all
34
times
the
commission
shall
avoid
any
appearance
of
impropriety
35
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or
conflict
of
interest.
1
(12)
Lease,
purchase,
accept
appropriate
gifts
or
donations
2
of,
or
otherwise
own,
hold,
improve,
or
use,
any
property,
3
real,
personal,
or
mixed;
provided
that
at
all
times
the
4
commission
shall
avoid
any
appearance
of
impropriety.
5
(13)
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
6
abandon,
or
otherwise
dispose
of
any
property
real,
personal,
7
or
mixed.
8
(14)
Establish
a
budget
and
make
expenditures.
9
(15)
Borrow
money.
10
(16)
Appoint
committees,
including
standing
committees
11
composed
of
members,
and
other
interested
persons
as
may
be
12
designated
in
this
compact
and
the
bylaws.
13
(17)
Provide
and
receive
information
from,
and
cooperate
14
with,
law
enforcement
agencies.
15
(18)
Establish
and
elect
an
executive
committee.
16
(19)
Perform
other
functions
as
may
be
necessary
or
17
appropriate
to
achieve
the
purposes
of
this
compact
consistent
18
with
the
state
regulation
of
audiology
and
speech
language
19
pathology
licensure
and
practice.
20
d.
The
commission
shall
have
no
authority
to
change
or
21
modify
the
laws
of
the
member
states
which
define
the
practice
22
of
audiology
and
speech
language
pathology
in
the
respective
23
states.
24
e.
The
executive
committee.
The
executive
committee
shall
25
have
the
power
to
act
on
behalf
of
the
commission
according
to
26
the
terms
of
this
compact.
27
(1)
The
executive
committee
shall
be
composed
of
ten
28
members:
29
(a)
Seven
voting
members
who
are
elected
by
the
commission
30
from
the
current
membership
of
the
commission.
31
(b)
Two
ex
officio
members,
consisting
of
one
nonvoting
32
member
from
a
recognized
national
audiology
professional
33
association
and
one
nonvoting
member
from
a
recognized
national
34
speech
language
pathology
association.
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(c)
One
ex
officio,
nonvoting
member
from
the
recognized
1
membership
organization
of
the
audiology
and
speech
language
2
pathology
licensing
boards.
3
(d)
The
ex
officio
members
shall
be
selected
by
their
4
respective
organizations.
5
(2)
The
commission
may
remove
any
member
of
the
executive
6
committee
as
provided
in
the
bylaws.
7
(3)
The
executive
committee
shall
meet
at
least
annually.
8
(4)
The
executive
committee
shall
have
the
following
duties
9
and
responsibilities:
10
(a)
Recommend
to
the
entire
commission
changes
to
the
rules
11
or
bylaws,
changes
to
this
compact,
fees
paid
by
compact
member
12
states
such
as
annual
dues,
and
any
commission
compact
fee
13
charged
to
licensees
for
the
compact
privilege.
14
(b)
Ensure
compact
administration
services
are
15
appropriately
provided,
contractual
or
otherwise.
16
(c)
Prepare
and
recommend
the
budget.
17
(d)
Maintain
financial
records
on
behalf
of
the
commission.
18
(e)
Monitor
compact
compliance
of
member
states
and
provide
19
compliance
reports
to
the
commission.
20
(f)
Establish
additional
committees
as
necessary.
21
(g)
Other
duties
as
provided
in
rules
or
bylaws.
22
(5)
Meetings
of
the
commission.
23
All
meetings
shall
be
open
to
the
public,
and
public
notice
24
of
meetings
shall
be
given
in
the
same
manner
as
required
under
25
the
rulemaking
provisions
in
subsection
10.
26
(6)
(a)
The
commission
or
the
executive
committee
or
other
27
committees
of
the
commission
may
convene
in
a
closed,
nonpublic
28
meeting
if
the
commission
or
executive
committee
or
other
29
committees
of
the
commission
must
discuss
any
of
the
following:
30
(i)
Noncompliance
of
a
member
state
with
its
obligations
31
under
the
compact.
32
(ii)
The
employment,
compensation,
discipline,
or
other
33
matters,
practices,
or
procedures
related
to
specific
employees
34
or
other
matters
related
to
the
commission’s
internal
personnel
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practices
and
procedures.
1
(iii)
Current,
threatened,
or
reasonably
anticipated
2
litigation.
3
(iv)
Negotiation
of
contracts
for
the
purchase,
lease,
or
4
sale
of
goods,
services,
or
real
estate.
5
(v)
Accusing
any
person
of
a
crime
or
formally
censuring
any
6
person.
7
(vi)
Disclosure
of
trade
secrets
or
commercial
or
financial
8
information
that
is
privileged
or
confidential.
9
(vii)
Disclosure
of
information
of
a
personal
nature
where
10
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
11
personal
privacy.
12
(viii)
Disclosure
of
investigative
records
compiled
for
law
13
enforcement
purposes.
14
(ix)
Disclosure
of
information
related
to
any
investigative
15
reports
prepared
by
or
on
behalf
of
or
for
use
of
the
16
commission
or
other
committee
charged
with
responsibility
of
17
investigation
or
determination
of
compliance
issues
pursuant
18
to
the
compact.
19
(x)
Matters
specifically
exempted
from
disclosure
by
20
federal
or
member
state
statute.
21
(b)
If
a
meeting,
or
portion
of
a
meeting,
is
closed
22
pursuant
to
this
provision,
the
commission’s
legal
counsel
or
23
designee
shall
certify
that
the
meeting
may
be
closed
and
shall
24
reference
each
relevant
exempting
provision.
25
(7)
The
commission
shall
keep
minutes
that
fully
and
clearly
26
describe
all
matters
discussed
in
a
meeting
and
shall
provide
27
a
full
and
accurate
summary
of
actions
taken,
and
the
reasons
28
therefor,
including
a
description
of
the
views
expressed.
All
29
documents
considered
in
connection
with
an
action
shall
be
30
identified
in
such
minutes.
All
minutes
and
documents
of
a
31
closed
meeting
shall
remain
under
seal,
subject
to
release
32
by
a
majority
vote
of
the
commission
or
order
of
a
court
of
33
competent
jurisdiction.
34
(8)
Financing
the
commission.
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(a)
The
commission
shall
pay,
or
provide
for
the
payment
of,
1
the
reasonable
expenses
of
its
establishment,
organization,
and
2
ongoing
activities.
3
(b)
The
commission
may
accept
any
and
all
appropriate
4
revenue
sources,
donations,
and
grants
of
money,
equipment,
5
supplies,
materials,
and
services.
6
(c)
The
commission
may
levy
on
and
collect
an
annual
7
assessment
from
each
member
state
or
impose
fees
on
other
8
parties
to
cover
the
cost
of
the
operations
and
activities
9
of
the
commission
and
its
staff,
which
must
be
in
a
total
10
amount
sufficient
to
cover
its
annual
budget
as
approved
each
11
year
for
which
revenue
is
not
provided
by
other
sources.
The
12
aggregate
annual
assessment
amount
shall
be
allocated
based
13
upon
a
formula
to
be
determined
by
the
commission,
which
shall
14
promulgate
a
rule
binding
upon
all
member
states.
15
(d)
The
commission
shall
not
incur
obligations
of
any
kind
16
prior
to
securing
the
funds
adequate
to
meet
the
same;
nor
17
shall
the
commission
pledge
the
credit
of
any
of
the
member
18
states,
except
by
and
with
the
authority
of
the
member
state.
19
(e)
The
commission
shall
keep
accurate
accounts
of
all
20
receipts
and
disbursements.
The
receipts
and
disbursements
of
21
the
commission
shall
be
subject
to
the
audit
and
accounting
22
procedures
established
under
its
bylaws.
However,
all
receipts
23
and
disbursements
of
funds
handled
by
the
commission
shall
be
24
audited
yearly
by
a
certified
or
licensed
public
accountant,
25
and
the
report
of
the
audit
shall
be
included
in
and
become
26
part
of
the
annual
report
of
the
commission.
27
f.
Qualified
immunity,
defense,
and
indemnification.
28
(1)
The
members,
officers,
executive
director,
employees,
29
and
representatives
of
the
commission
shall
be
immune
from
30
suit
and
liability,
either
personally
or
in
their
official
31
capacity,
for
any
claim
for
damage
to
or
loss
of
property
or
32
personal
injury
or
other
civil
liability
caused
by
or
arising
33
out
of
any
actual
or
alleged
act,
error,
or
omission
that
34
occurred,
or
that
the
person
against
whom
the
claim
is
made
had
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a
reasonable
basis
for
believing
occurred
within
the
scope
of
1
commission
employment,
duties,
or
responsibilities;
provided
2
that
nothing
in
this
paragraph
“f”
shall
be
construed
to
protect
3
any
person
from
suit
or
liability
for
any
damage,
loss,
injury,
4
or
liability
caused
by
the
intentional,
willful,
or
wanton
5
misconduct
of
that
person.
6
(2)
The
commission
shall
defend
any
member,
officer,
7
executive
director,
employee,
or
representative
of
the
8
commission
in
any
civil
action
seeking
to
impose
liability
9
arising
out
of
any
actual
or
alleged
act,
error,
or
omission
10
that
occurred
within
the
scope
of
commission
employment,
11
duties,
or
responsibilities,
or
that
the
person
against
12
whom
the
claim
is
made
had
a
reasonable
basis
for
believing
13
occurred
within
the
scope
of
commission
employment,
duties,
14
or
responsibilities;
provided
that
nothing
herein
shall
be
15
construed
to
prohibit
that
person
from
retaining
the
person’s
16
own
counsel;
and
provided
further,
that
the
actual
or
alleged
17
act,
error,
or
omission
did
not
result
from
that
person’s
18
intentional,
willful,
or
wanton
misconduct.
19
(3)
The
commission
shall
indemnify
and
hold
harmless
20
any
member,
officer,
executive
director,
employee,
or
21
representative
of
the
commission
for
the
amount
of
any
22
settlement
or
judgment
obtained
against
that
person
arising
23
out
of
any
actual
or
alleged
act,
error,
or
omission
that
24
occurred
within
the
scope
of
commission
employment,
duties,
25
or
responsibilities,
or
that
such
person
had
a
reasonable
26
basis
for
believing
occurred
within
the
scope
of
commission
27
employment,
duties,
or
responsibilities,
provided
that
the
28
actual
or
alleged
act,
error,
or
omission
did
not
result
from
29
the
intentional,
willful,
or
wanton
misconduct
of
that
person.
30
9.
Data
system.
31
a.
The
commission
shall
provide
for
the
development,
32
maintenance,
and
utilization
of
a
coordinated
database
and
33
reporting
system
containing
licensure,
adverse
action,
and
34
investigative
information
on
all
licensed
individuals
in
member
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states.
1
b.
Notwithstanding
any
other
provision
of
state
law
to
2
the
contrary,
a
member
state
shall
submit
a
uniform
data
set
3
to
the
data
system
on
all
individuals
to
whom
this
compact
4
is
applicable
as
required
by
the
rules
of
the
commission,
5
including
all
of
the
following:
6
(1)
Identifying
information.
7
(2)
Licensure
data.
8
(3)
Adverse
actions
against
a
license
or
compact
privilege.
9
(4)
Nonconfidential
information
related
to
alternative
10
program
participation.
11
(5)
Any
denial
of
application
for
licensure,
and
the
reason
12
for
denial.
13
(6)
Other
information
that
may
facilitate
the
14
administration
of
this
compact,
as
determined
by
the
rules
of
15
the
commission.
16
c.
Investigative
information
pertaining
to
a
licensee
in
any
17
member
state
shall
only
be
available
to
other
member
states.
18
d.
The
commission
shall
promptly
notify
all
member
states
of
19
any
adverse
action
taken
against
a
licensee
or
an
individual
20
applying
for
a
license.
Adverse
action
information
pertaining
21
to
a
licensee
in
any
member
state
shall
be
available
to
any
22
other
member
state.
23
e.
Member
states
contributing
information
to
the
data
24
system
may
designate
information
that
may
not
be
shared
with
25
the
public
without
the
express
permission
of
the
contributing
26
state.
27
f.
Any
information
submitted
to
the
data
system
that
is
28
subsequently
required
to
be
expunged
by
the
laws
of
the
member
29
state
contributing
the
information
shall
be
removed
from
the
30
data
system.
31
10.
Rulemaking.
32
a.
The
commission
shall
exercise
its
rulemaking
powers
33
pursuant
to
the
criteria
set
forth
in
this
subsection
and
the
34
rules
adopted
thereunder.
Rules
and
amendments
shall
become
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binding
as
of
the
date
specified
in
each
rule
or
amendment.
1
b.
If
a
majority
of
the
legislatures
of
the
member
states
2
rejects
a
rule,
by
enactment
of
a
statute
or
resolution
in
the
3
same
manner
used
to
adopt
the
compact
within
four
years
of
the
4
date
of
adoption
of
the
rule,
the
rule
shall
have
no
further
5
force
and
effect
in
any
member
state.
6
c.
Rules
or
amendments
to
the
rules
shall
be
adopted
at
a
7
regular
or
special
meeting
of
the
commission.
8
d.
Prior
to
promulgation
and
adoption
of
a
final
rule
or
9
rules
by
the
commission,
and
at
least
thirty
days
in
advance
10
of
the
meeting
at
which
the
rule
shall
be
considered
and
voted
11
upon,
the
commission
shall
file
a
notice
of
proposed
rulemaking
12
in
all
of
the
following
locations:
13
(1)
On
the
internet
site
of
the
commission
or
other
publicly
14
accessible
platform.
15
(2)
On
the
internet
site
of
each
member
state
audiology
or
16
speech
language
pathology
licensing
board
or
other
publicly
17
accessible
platform
or
the
publication
in
which
each
state
18
would
otherwise
publish
proposed
rules.
19
e.
A
notice
of
proposed
rulemaking
shall
include
all
of
the
20
following:
21
(1)
The
proposed
time,
date,
and
location
of
the
meeting
in
22
which
the
rule
shall
be
considered
and
voted
upon.
23
(2)
The
text
of
the
proposed
rule
or
amendment
and
the
24
reason
for
the
proposed
rule.
25
(3)
A
request
for
comments
on
the
proposed
rule
from
any
26
interested
person.
27
(4)
The
manner
in
which
interested
persons
may
submit
notice
28
to
the
commission
of
their
intention
to
attend
the
public
29
hearing
and
any
written
comments.
30
f.
Prior
to
the
adoption
of
a
proposed
rule,
the
commission
31
shall
allow
persons
to
submit
written
data,
facts,
opinions,
32
and
arguments,
which
shall
be
made
available
to
the
public.
33
g.
The
commission
shall
grant
an
opportunity
for
a
public
34
hearing
before
it
adopts
a
rule
or
amendment
if
a
hearing
is
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requested
by
any
of
the
following:
1
(1)
At
least
twenty-five
persons.
2
(2)
A
state
or
federal
governmental
subdivision
or
agency.
3
(3)
An
association
having
at
least
twenty-five
members.
4
h.
If
a
hearing
is
held
on
the
proposed
rule
or
amendment,
5
the
commission
shall
publish
the
place,
time,
and
date
of
6
the
scheduled
public
hearing.
If
the
hearing
is
held
via
7
electronic
means,
the
commission
shall
publish
the
mechanism
8
for
access
to
the
electronic
hearing.
9
(1)
All
persons
wishing
to
be
heard
at
the
hearing
shall
10
notify
the
executive
director
of
the
commission
or
other
11
designated
member
in
writing
of
their
desire
to
appear
and
12
testify
at
the
hearing
not
less
than
five
business
days
before
13
the
scheduled
date
of
the
hearing.
14
(2)
Hearings
shall
be
conducted
in
a
manner
providing
each
15
person
who
wishes
to
comment
a
fair
and
reasonable
opportunity
16
to
comment
orally
or
in
writing.
17
(3)
All
hearings
shall
be
recorded.
A
copy
of
the
recording
18
shall
be
made
available
on
request.
19
(4)
Nothing
in
this
paragraph
“h”
shall
be
construed
as
20
requiring
a
separate
hearing
on
each
rule.
Rules
may
be
21
grouped
for
the
convenience
of
the
commission
at
hearings
22
required
by
this
paragraph
“h”
.
23
i.
Following
the
scheduled
hearing
date,
or
by
the
close
24
of
business
on
the
scheduled
hearing
date
if
the
hearing
was
25
not
held,
the
commission
shall
consider
all
written
and
oral
26
comments
received.
27
j.
If
no
written
notice
of
intent
to
attend
the
public
28
hearing
by
interested
parties
is
received,
the
commission
may
29
proceed
with
promulgation
of
the
proposed
rule
without
a
public
30
hearing.
31
k.
The
commission
shall,
by
majority
vote
of
all
members,
32
take
final
action
on
the
proposed
rule
and
shall
determine
the
33
effective
date
of
the
rule,
if
any,
based
on
the
rulemaking
34
record
and
the
full
text
of
the
rule.
35
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500
l.
Upon
determination
that
an
emergency
exists,
the
1
commission
may
consider
and
adopt
an
emergency
rule
without
2
prior
notice,
opportunity
for
comment,
or
hearing,
provided
3
that
the
usual
rulemaking
procedures
provided
in
the
compact
4
and
in
this
section
shall
be
retroactively
applied
to
the
rule
5
as
soon
as
reasonably
possible,
in
no
event
later
than
ninety
6
days
after
the
effective
date
of
the
rule.
For
the
purposes
of
7
this
provision,
an
emergency
rule
is
one
that
must
be
adopted
8
immediately
in
order
to
do
any
of
the
following:
9
(1)
Meet
an
imminent
threat
to
public
health,
safety,
or
10
welfare.
11
(2)
Prevent
a
loss
of
commission
or
member
state
funds.
12
(3)
Meet
a
deadline
for
the
promulgation
of
an
13
administrative
rule
that
is
established
by
federal
law
or
rule.
14
m.
The
commission
or
an
authorized
committee
of
the
15
commission
may
direct
revisions
to
a
previously
adopted
rule
16
or
amendment
for
purposes
of
correcting
typographical
errors,
17
errors
in
format,
errors
in
consistency,
or
grammatical
18
errors.
Public
notice
of
any
revisions
shall
be
posted
on
19
the
internet
site
of
the
commission.
The
revision
shall
be
20
subject
to
challenge
by
any
person
for
a
period
of
thirty
days
21
after
posting.
The
revision
may
be
challenged
only
on
grounds
22
that
the
revision
results
in
a
material
change
to
a
rule.
A
23
challenge
shall
be
made
in
writing
and
delivered
to
the
chair
24
of
the
commission
prior
to
the
end
of
the
notice
period.
If
25
no
challenge
is
made,
the
revision
shall
take
effect
without
26
further
action.
If
the
revision
is
challenged,
the
revision
27
may
not
take
effect
without
the
approval
of
the
commission.
28
11.
Oversight,
dispute
resolution,
and
enforcement.
29
a.
Dispute
resolution.
30
(1)
Upon
request
by
a
member
state,
the
commission
shall
31
attempt
to
resolve
disputes
related
to
the
compact
that
arise
32
among
member
states
and
between
member
and
nonmember
states.
33
(2)
The
commission
shall
promulgate
a
rule
providing
for
34
both
mediation
and
binding
dispute
resolution
for
disputes
as
35
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appropriate.
1
b.
Enforcement.
2
(1)
The
commission,
in
the
reasonable
exercise
of
its
3
discretion,
shall
enforce
the
provisions
and
rules
of
this
4
compact.
5
(2)
By
majority
vote,
the
commission
may
initiate
legal
6
action
in
the
United
States
district
court
for
the
District
7
of
Columbia
or
the
federal
district
where
the
commission
has
8
its
principal
offices
against
a
member
state
in
default
to
9
enforce
compliance
with
the
provisions
of
the
compact
and
its
10
promulgated
rules
and
bylaws.
The
relief
sought
may
include
11
both
injunctive
relief
and
damages.
In
the
event
judicial
12
enforcement
is
necessary,
the
prevailing
member
shall
be
13
awarded
all
costs
of
litigation,
including
reasonable
attorney
14
fees.
15
(3)
The
remedies
herein
shall
not
be
the
exclusive
remedies
16
of
the
commission.
The
commission
may
pursue
any
other
17
remedies
available
under
federal
or
state
law.
18
12.
Date
of
implementation
of
the
interstate
commission
for
19
audiology
and
speech
language
pathology
practice
and
associated
20
rules,
withdrawal,
and
amendment.
21
a.
The
compact
shall
come
into
effect
on
the
date
on
22
which
the
compact
statute
is
enacted
into
law
in
the
tenth
23
member
state.
The
provisions,
which
become
effective
at
24
that
time,
shall
be
limited
to
the
powers
granted
to
the
25
commission
relating
to
assembly
and
the
promulgation
of
rules.
26
Thereafter,
the
commission
shall
meet
and
exercise
rulemaking
27
powers
necessary
to
the
implementation
and
administration
of
28
the
compact.
29
b.
Any
state
that
joins
the
compact
subsequent
to
the
30
commission’s
initial
adoption
of
the
rules
shall
be
subject
31
to
the
rules
as
they
exist
on
the
date
on
which
the
compact
32
becomes
law
in
that
state.
Any
rule
that
has
been
previously
33
adopted
by
the
commission
shall
have
the
full
force
and
effect
34
of
law
on
the
day
the
compact
becomes
law
in
that
state.
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c.
A
member
state
may
withdraw
from
this
compact
by
enacting
1
a
statute
repealing
the
same.
2
(1)
A
member
state’s
withdrawal
shall
not
take
effect
until
3
six
months
after
enactment
of
the
repealing
statute.
4
(2)
Withdrawal
shall
not
affect
the
continuing
requirement
5
of
the
withdrawing
state’s
audiology
or
speech
language
6
pathology
licensing
board
to
comply
with
the
investigative
and
7
adverse
action
reporting
requirements
of
this
compact
prior
to
8
the
effective
date
of
withdrawal.
9
d.
Nothing
contained
in
this
compact
shall
be
construed
10
to
invalidate
or
prevent
any
audiology
or
speech
language
11
pathology
licensure
agreement
or
other
cooperative
arrangement
12
between
a
member
state
and
a
nonmember
state
that
does
not
13
conflict
with
the
provisions
of
this
compact.
14
e.
This
compact
may
be
amended
by
the
member
states.
No
15
amendment
to
this
compact
shall
become
effective
and
binding
16
upon
any
member
state
until
it
is
enacted
into
the
laws
of
all
17
member
states.
18
13.
Construction
and
severability.
19
This
compact
shall
be
liberally
construed
so
as
to
20
effectuate
the
purposes
thereof.
The
provisions
of
this
21
compact
shall
be
severable,
and
if
any
phrase,
clause,
22
sentence,
or
provision
of
this
compact
is
declared
to
be
23
contrary
to
the
constitution
of
any
member
state
or
of
the
24
United
States
or
the
applicability
thereof
to
any
government,
25
agency,
person,
or
circumstance
is
held
invalid,
the
validity
26
of
the
remainder
of
this
compact
and
the
applicability
thereof
27
to
any
government,
agency,
person,
or
circumstance
shall
not
be
28
affected
thereby.
If
this
compact
shall
be
held
contrary
to
29
the
constitution
of
any
member
state,
the
compact
shall
remain
30
in
full
force
and
effect
as
to
the
remaining
member
states
and
31
in
full
force
and
effect
as
to
the
member
state
affected
as
to
32
all
severable
matters.
33
14.
Binding
effect
of
compact
and
other
laws.
34
a.
Nothing
herein
prevents
the
enforcement
of
any
other
law
35
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of
a
member
state
that
is
not
inconsistent
with
the
compact.
1
b.
All
laws
in
a
member
state
in
conflict
with
the
compact
2
are
superseded
to
the
extent
of
the
conflict.
3
c.
All
lawful
actions
of
the
commission,
including
all
rules
4
and
bylaws
promulgated
by
the
commission,
are
binding
upon
the
5
member
states.
6
d.
All
agreements
between
the
commission
and
the
member
7
states
are
binding
in
accordance
with
their
terms.
8
e.
In
the
event
any
provision
of
the
compact
exceeds
the
9
constitutional
limits
imposed
on
the
legislature
of
any
member
10
state,
the
provision
shall
be
ineffective
to
the
extent
of
the
11
conflict
with
the
constitutional
provision
in
question
in
that
12
member
state.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
the
adoption
of
the
audiology
and
17
speech
language
pathology
interstate
compact
(compact)
in
Iowa.
18
The
compact
becomes
effective
upon
enactment
into
law
by
10
19
compacting
states.
20
The
compact
requires
members
to,
upon
application,
authorize
21
audiologists
and
speech
language
pathologists
to
practice
in
22
the
state
if
the
audiologist
or
speech
language
pathologist
is
23
licensed
to
practice
audiology
or
speech
language
pathology
in
24
that
person’s
state
of
residence,
referred
to
in
the
compact
25
as
the
person’s
“home
state”.
26
The
compact
grants
member
states
the
ability
to
take
certain
27
adverse
actions
against
audiologists
and
speech
language
28
pathologists
practicing
under
a
compact
privilege,
in
addition
29
to
the
state’s
other
disciplinary
abilities.
30
The
compact
creates
the
audiology
and
speech
language
31
pathology
compact
commission
(commission)
as
an
instrumentality
32
of
the
compact
states.
Venue
is
proper
with
respect
to
the
33
commission
only
in
a
court
of
competent
jurisdiction
where
the
34
principal
office
of
the
commission
is
located.
The
compact
35
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does
not
waive
sovereign
immunity.
The
compact
includes
1
provisions
relating
to
the
establishment
and
membership
of
the
2
commission;
the
powers
of
the
commission;
meetings
and
voting
3
requirements
of
the
commission;
commission
bylaws;
rules;
4
commission
committees;
finance;
records
of
the
commission;
5
compacting
state
compliance;
venue
for
judicial
proceedings;
6
qualified
immunity,
defense,
and
indemnification;
effective
7
dates
and
amendments
to
the
compact;
withdrawal,
default,
and
8
expulsion;
severability
and
construction;
and
the
binding
9
effect
of
the
compact
and
other
laws.
10
The
compact
requires
the
commission
to
provide
for
the
11
development,
maintenance,
and
utilization
of
a
coordinated
12
database
and
reporting
system
containing
identifying
13
information,
licensure
data,
adverse
actions,
nonconfidential
14
information
related
to
alternative
program
participation,
any
15
denial
of
application
for
licensure,
and
other
information
as
16
determined
by
rules.
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