Bill Text: IL HB3264 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Audiology and Speech-Language Pathology Interstate Compact Act. Enters into the compact, which may be entered into by any state, commonwealth, district, or territory of the United States of America, in order to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services, along with other stated objectives. Defines terms. Provides that a license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. Contains other provisions relating to: state participation in the compact; compact privilege, including practicing telehealth; designation of home state by active military or their spouses; taking adverse actions against audiologists and speech-language pathologists; creation of the Audiology and Speech-Language Pathology Compact Commission, including rulemaking authority; database and reporting system; oversight, dispute resolution, and enforcement; construction and severability; and the binding effect of compact and other laws. Provides that the Compact shall come into effect on the date on which the Compact is enacted into law in the 10th member state, commonwealth, district, or territory. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that, if the Audiology and Speech-Language Pathology Interstate Compact becomes law, the Department of Financial and Professional Regulation shall revise its rules related to implementing and enforcing the Illinois Speech-Language Pathology and Audiology Practice Act to be in conformance with the Compact, if necessary. Provides that the Department shall also make recommendations in a report to the General Assembly as to what portions of the Act and other laws should be modified, if at all, to be consistent with the Compact.

Spectrum: Bipartisan Bill

Status: (Introduced) 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3264 Detail]

Download: Illinois-2023-HB3264-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3264 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
New Act
225 ILCS 110/4.3 new
Creates the Audiology and Speech-Language Pathology Interstate Compact Act. Enters into the compact, which may be entered into by any state, commonwealth, district, or territory of the United States of America, in order to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services, along with other stated objectives. Defines terms. Provides that a license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. Contains other provisions relating to: state participation in the compact; compact privilege, including practicing telehealth; designation of home state by active military or their spouses; taking adverse actions against audiologists and speech-language pathologists; creation of the Audiology and Speech-Language Pathology Compact Commission, including rulemaking authority; database and reporting system; oversight, dispute resolution, and enforcement; construction and severability; and the binding effect of compact and other laws. Provides that the Compact shall come into effect on the date on which the Compact is enacted into law in the 10th member state, commonwealth, district, or territory. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that, if the Audiology and Speech-Language Pathology Interstate Compact becomes law, the Department of Financial and Professional Regulation shall revise its rules related to implementing and enforcing the Illinois Speech-Language Pathology and Audiology Practice Act to be in conformance with the Compact, if necessary. Provides that the Department shall also make recommendations in a report to the General Assembly as to what portions of the Act and other laws should be modified, if at all, to be consistent with the Compact.
LRB103 30793 AWJ 57285 b
A BILL FOR
HB3264 LRB103 30793 AWJ 57285 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Audiology and Speech-Language Pathology Interstate Compact
Act.
Section 5. Execution of compact. The Audiology and
Speech-Language Pathology Interstate Compact is hereby enacted
into law and entered into with any state, commonwealth,
district or territory of the United States of America which
legally joins in substantially the following form:
"SECTION 1: PURPOSE
The purpose of this Compact is to facilitate interstate
practice of audiology and speech-language pathology with the
goal of improving public access to audiology and
speech-language pathology services. The practice of audiology
and speech-language pathology occurs in the state where the
patient/client/student is located at the time of the
patient/client/student encounter. The Compact preserves the
regulatory authority of states to protect public health and
safety through the current system of state licensure.
This Compact is designed to achieve the following

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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; and
7. Allow for the use of telehealth technology to
facilitate increased access to audiology and
speech-language pathology services.
SECTION 2: DEFINITIONS
As used in this Compact, and except as otherwise provided,
the following definitions shall apply:
A. "Active duty military" means full-time duty status in
the active uniformed service of the United States, including
members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Section 1209 and 1211.

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B. "Adverse action" means any administrative, civil,
equitable or criminal action permitted by a state's laws which
is imposed by a licensing board or other authority against an
audiologist or speech-language pathologist, including actions
against an individual's license or privilege to practice such
as revocation, suspension, probation, monitoring of the
licensee, or restriction on the licensee's practice.
C. "Alternative program" means a non-disciplinary
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 provided by a
licensed audiologist as set forth in the member state's
statutes and rules.
F. "Audiology and Speech-Language Pathology Compact
Commission" or "Commission" means the national administrative
body whose membership consists of all states that have enacted
the Compact.
G. "Audiology and speech-language pathology licensing
board," "audiology licensing board," "speech-language
pathology licensing board," or "licensing board" means the
agency of a state that is responsible for the licensing and
regulation of audiologists and/or speech-language
pathologists.
H. "Compact privilege" means the authorization granted by

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a remote state to allow a licensee from another member state to
practice as an audiologist or speech-language pathologist in
the remote state under its laws and rules. The practice of
audiology or speech-language pathology occurs in the member
state where the patient/client/student is located at the time
of the patient/client/student encounter.
I. "Current significant investigative information" means
investigative information that a licensing board, after an
inquiry or investigation that includes notification and an
opportunity for the audiologist or speech-language pathologist
to respond, if required by state law, has reason to believe is
not groundless and, if proved true, would indicate more than a
minor infraction.
J. "Data system" means a repository of information about
licensees, including, but not limited to, continuing
education, examination, licensure, investigative, compact
privilege and adverse action.
K. "Encumbered license" means a license in which an
adverse action restricts the practice of audiology or
speech-language pathology by the licensee and said adverse
action has been reported to the National Practitioners Data
Bank (NPDB).
L. "Executive Committee" means a group of directors
elected or appointed to act on behalf of, and within the powers
granted to them by, the Commission.
M. "Home state" means the member state that is the

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licensee's primary state of residence.
N. "Impaired practitioner" means individuals whose
professional practice is adversely affected by substance
abuse, addiction, or other health-related conditions.
O. "Licensee" means an individual who currently holds an
authorization from the state licensing board to practice as an
audiologist or speech-language pathologist.
P. "Member state" means a state that has enacted the
Compact.
Q. "Privilege to practice" means a legal authorization
permitting the practice of audiology or speech-language
pathology in a remote state.
R. "Remote state" means a member state other than the home
state where a licensee is exercising or seeking to exercise
the compact privilege.
S. "Rule" means a regulation, principle or directive
promulgated by the Commission that has the force of law.
T. "Single-state license" means an audiology or
speech-language pathology license issued by a member state
that authorizes practice only within the issuing state and
does not include a privilege to practice in any other member
state.
U. "Speech-language pathologist" means an individual who
is licensed by a state to practice speech-language pathology.
V. "Speech-language pathology" means the care and services
provided by a licensed speech-language pathologist as set

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forth in the member state's statutes and rules.
W. "State" means any state, commonwealth, district or
territory of the United States of America that regulates the
practice of audiology and speech-language pathology.
X. "State practice laws" means a member state's laws,
rules and regulations that govern the practice of audiology or
speech-language pathology, define the scope of audiology or
speech-language pathology practice, and create the methods and
grounds for imposing discipline.
Y. "Telehealth" means the application of telecommunication
technology to deliver audiology or speech-language pathology
services at a distance for assessment, intervention and/or
consultation.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. A license issued to an audiologist or speech-language
pathologist by a home state to a resident in that state shall
be recognized by each member state as authorizing an
audiologist or speech-language pathologist to practice
audiology or speech-language pathology, under a privilege to
practice, in each member state.
B. A state must implement or utilize procedures for
considering the criminal history records of applicants for
initial privilege to practice. These procedures shall include
the submission of fingerprints or other biometric-based
information by applicants for the purpose of obtaining an
applicant's criminal history record information from the

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Federal Bureau of Investigation and the agency responsible for
retaining that state's criminal records.
1. A member state must fully implement a criminal
background check requirement, within a time frame
established by rule, by receiving the results of the
Federal Bureau of Investigation record search on criminal
background checks and use the results in making licensure
decisions.
2. Communication between a member state, the
Commission and among member states regarding the
verification of eligibility for licensure through the
Compact shall not include any information received from
the Federal Bureau of Investigation relating to a federal
criminal records check performed by a member state under
Public Law 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, 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

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as, all other applicable state laws.
E. For an audiologist:
1. Must meet one of the following educational
requirements:
a. On or before, Dec. 31, 2007, has graduated with
a master's degree or doctorate in audiology, or
equivalent degree regardless of degree name, from a
program that is accredited by an accrediting agency
recognized by the Council for Higher Education
Accreditation, or its successor, or by the United
States Department of Education and operated by a
college or university accredited by a regional or
national accrediting organization recognized by the
board; or
b. On or after, Jan. 1, 2008, has graduated with a
Doctoral degree in audiology, or equivalent degree,
regardless of degree name, from a program that is
accredited by an accrediting agency recognized by the
Council for Higher Education Accreditation, or its
successor, or by the United States Department of
Education and operated by a college or university
accredited by a regional or national accrediting
organization recognized by the board; or
c. Has graduated from an audiology program that is
housed in an institution of higher education outside
of the United States (a) for which the program and

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institution have been approved by the authorized
accrediting body in the applicable country and (b) the
degree program has been verified by an independent
credentials review agency to be comparable to a state
licensing board-approved program.
2. Has completed a supervised clinical practicum
experience from an accredited educational institution or
its cooperating programs as required by the board;
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 speech-language pathology, under
applicable state or federal criminal law;
6. Has a valid United States Social Security or
National Practitioner 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 United States
Department of Education and operated by a college or
university accredited by a regional or national
accrediting organization recognized by the board; or

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b. Has graduated from a speech-language pathology
program that is housed in an institution of higher
education outside of the United States (a) for which
the program and institution have been approved by the
authorized accrediting body in the applicable country
and (b) the degree program has been verified by an
independent credentials review agency to be comparable
to a state licensing board-approved program.
2. Has completed a supervised clinical practicum
experience from an educational institution or its
cooperating programs as required by the Commission;
3. Has completed a supervised postgraduate
professional experience as required by the Commission;
4. Has successfully passed a national examination
approved by the Commission;
5. Holds an active, unencumbered license;
6. Has not been convicted or found guilty, and has not
entered into an agreed disposition, of a felony related to
the practice of speech-language pathology, under
applicable state or federal criminal law;
7. Has a valid United States Social Security or
National Practitioner Identification number.
G. The privilege to practice is derived from the home
state license.
H. An audiologist or speech-language pathologist
practicing in a member state must comply with the state

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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 audiology and
speech-language pathology practice as defined by the state
practice laws of the member state in which the client is
located. The practice of audiology and speech-language
pathology in a member state under a privilege to practice
shall subject an audiologist or speech-language pathologist to
the jurisdiction of the licensing board, the courts and the
laws of the member state in which the client is located at the
time service is provided.
I. Individuals not residing in a member state shall
continue to be able to apply for a member state's single-state
license as provided under the laws of each member state.
However, the single-state license granted to these individuals
shall not be recognized as granting the privilege to practice
audiology or speech-language pathology in any other member
state. Nothing in this Compact shall affect the requirements
established by a member state for the issuance of a
single-state license.
J. Member states may charge a fee for granting a compact
privilege.
K. Member states must comply with the bylaws and rules and
regulations of the Commission.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and

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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 Section 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(s);
6. Pay any applicable fees, including any state fee,
for the compact privilege;
7. Report to the Commission adverse action taken by
any non-member 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 Section 6, if an audiologist or
speech-language pathologist changes primary state of residence
by moving between two-member states, the audiologist or
speech-language pathologist must apply for licensure in the
new home state, and the license issued by the prior home state
shall be deactivated in accordance with applicable rules
adopted by the Commission.

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D. The audiologist or speech-language pathologist may
apply for licensure in advance of a change in primary state of
residence.
E. A license shall not be issued by the new home state
until the audiologist or speech-language pathologist provides
satisfactory evidence of a change in primary state of
residence to the new home state and satisfies all applicable
requirements to obtain a license from the new home state.
F. If an audiologist or speech-language pathologist
changes primary state of residence by moving from a member
state to a non-member state, the license issued by the prior
home state shall convert to a single-state license, valid only
in the former home state.
G. The compact privilege is valid until the expiration
date of the home state license. The licensee must comply with
the requirements of Section 4A to maintain the compact
privilege in the remote state.
H. A licensee providing audiology or speech-language
pathology services in a remote state under the compact
privilege shall function within the laws and regulations of
the remote state.
I. A licensee providing audiology or speech-language
pathology services in a remote state is subject to that
state's regulatory authority. A remote state may, in
accordance with due process and that state's laws, remove a
licensee's compact privilege in the remote state for a

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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 the
following occur:
1. The home state license is no longer encumbered; and
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 Section 4A to obtain a compact privilege in
any remote state.
L. Once the requirements of Section 4J have been met, the
licensee must meet the requirements in Section 4A to obtain a
compact privilege in a remote state.
SECTION 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 Section 3 and under rules promulgated by the
Commission, to practice audiology or speech-language pathology
in any member state via telehealth under a privilege to
practice as provided in the Compact and rules promulgated by
the Commission.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active duty military personnel, or their spouse, shall

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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 designating a home state, the
individual shall only change their home state through
application for licensure in the new state.
SECTION 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:
1. Take adverse action against an audiologist's or
speech-language pathologist's privilege to practice within
that member state.
2. Issue subpoenas for both hearings and
investigations that require the attendance and testimony
of witnesses as well as the production of evidence.
Subpoenas issued by a licensing board in a member state
for the attendance and testimony of witnesses or the
production of evidence from another member state shall be
enforced in the latter state by any court of competent
jurisdiction, according to the practice and procedure of
that court applicable to subpoenas issued in proceedings
pending before it. The issuing authority shall pay any
witness fees, travel expenses, mileage and other fees
required by the service statutes of the state in which the
witnesses or evidence are located.

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3. Only the home state shall have the power to take
adverse action against an audiologist's or speech-language
pathologist's license issued by the home state.
B. For purposes of taking adverse action, the home state
shall give the same priority and effect to reported conduct
received from a member state as it would if the conduct had
occurred within the home state. In so doing, the home state
shall apply its own state laws to determine appropriate
action.
C. The home state shall complete any pending
investigations of an audiologist or speech-language
pathologist who changes primary state of residence during the
course of the investigations. The home state shall also have
the authority to take appropriate action(s) 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, 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. Take adverse action based on the factual findings of
the remote state, provided that the home state follows its own
procedures for taking the adverse action.

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F. Joint Investigations.
1. In addition to the authority granted to a member
state by its respective audiology or speech-language
pathology practice act or other applicable state law, any
member state may participate with other member states in
joint investigations of licensees.
2. Member states shall share any investigative,
litigation, or compliance materials in furtherance of any
joint or individual investigation initiated under the
Compact.
G. If adverse action is taken by the home state against an
audiologist's or speech language pathologist's license, the
audiologist's or speech-language pathologist's privilege to
practice in all other member states shall be deactivated until
all encumbrances have been removed from the state license. All
home state disciplinary orders that impose adverse action
against an audiologist's or speech language pathologist's
license shall include a statement that the audiologist's or
speech-language pathologist's privilege to practice is
deactivated in all member states during the pendency of the
order.
H. If a member state takes adverse action, it shall
promptly notify the administrator of the data system. The
administrator of the data system shall promptly notify the
home state of any adverse actions by remote states.
I. Nothing in this Compact shall override a member state's

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decision that participation in an alternative program may be
used in lieu of adverse action.
SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY COMPACT COMMISSION
A. The Compact member states hereby create and establish a
joint public agency known as the Audiology and Speech-Language
Pathology Compact Commission:
1. The Commission is an instrumentality of the Compact
states.
2. Venue is proper and judicial proceedings by or
against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the Commission is located. The
Commission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in
alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity.
B. Membership, Voting and Meetings.
1. Each member state shall have two (2) delegates
selected by that member state's licensing board. The
delegates shall be current members of the licensing board.
One shall be an audiologist and one shall be a
speech-language pathologist.
2. An additional five (5) delegates, who are either a
public member or board administrator from a state

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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 (1) vote
with regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by other means as
provided in the bylaws. The bylaws may provide for
delegates' participation in meetings by telephone or other
means of communication.
7. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as set
forth in the bylaws.
C. The Commission shall have the following powers and
duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Establish a Code of Ethics;
4. Maintain its financial records in accordance with
the bylaws;

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5. Meet and take actions as are consistent with the
provisions of this Compact and the bylaws;
6. Promulgate uniform rules to facilitate and
coordinate implementation and administration of this
Compact. The rules shall have the force and effect of law
and shall be binding in all member states;
7. Bring and prosecute legal proceedings or actions in
the name of the Commission, provided that the standing of
any state audiology or speech-language pathology licensing
board to sue or be sued under applicable law shall not be
affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a
member state;
10. Hire employees, elect or appoint officers, fix
compensation, define duties, grant individuals appropriate
authority to carry out the purposes of the Compact, and to
establish the Commission's personnel policies and programs
relating to conflicts of interest, qualifications of
personnel, and other related personnel matters;
11. Accept any and all appropriate donations and
grants of money, equipment, supplies, materials and
services, and to receive, utilize and dispose of the same;
provided that at all times the Commission shall avoid any
appearance of impropriety and/or conflict of interest;

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12. Lease, purchase, accept appropriate gifts or
donations of, or otherwise to own, hold, improve or use,
any property, real, personal or mixed; provided that at
all times the Commission shall avoid any appearance of
impropriety;
13. Sell convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real,
personal, or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees
composed of members, and other interested persons as may
be designated in this Compact and the bylaws;
17. Provide and receive information from, and
cooperate with, law enforcement agencies;
18. Establish and elect an Executive Committee; and
19. Perform other functions as may be necessary or
appropriate to achieve the purposes of this Compact
consistent with the state regulation of audiology and
speech-language pathology licensure and practice.
D. The Executive Committee. The Executive Committee shall
have the power to act on behalf of the Commission according to
the terms of this Compact:
1. The Executive Committee shall be composed of ten
(10) members:
a. Seven (7) voting members who are elected by the

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Commission from the current membership of the
Commission;
b. Two (2) ex-officios, consisting of one
nonvoting member from a recognized national audiology
professional association and one nonvoting member from
a recognized national speech-language pathology
association; and
c. One (1) ex-officio, nonvoting member from the
recognized membership organization of the audiology
and speech-language pathology licensing boards.
E. The ex-officio members shall be selected by their
respective organizations.
1. The Commission may remove any member of the
Executive Committee as provided in bylaws.
2. The Executive Committee shall meet at least
annually.
3. The Executive Committee shall have the following
duties and responsibilities:
a. Recommend to the entire Commission changes to
the rules or bylaws, changes to this Compact
legislation, fees paid by Compact member states such
as annual dues, and any commission Compact fee charged
to licensees for the compact privilege;
b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;

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d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of member states and
provide compliance reports to the Commission;
f. Establish additional committees as necessary;
and
g. Other duties as provided in rules or bylaws.
4. Meetings of the Commission. All meetings shall be
open to the public, and public notice of meetings shall be
given in the same manner as required under the rulemaking
provisions in Section 10.
5. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed,
non-public meeting if the Commission or Executive
Committee or other committees of the Commission must
discuss:
a. Non-compliance of a member state with its
obligations under the Compact;
b. The employment, compensation, discipline or
other matters, practices or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and
procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase,

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lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
financial information that is privileged or
confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled
for law enforcement purposes;
i. Disclosure of information related to any
investigative reports prepared by or on behalf of or
for use of the Commission or other committee charged
with responsibility of investigation or determination
of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure
by federal or member state statute.
6. If a meeting, or portion of a meeting, is closed
pursuant to this provision, the Commission's legal counsel
or designee shall certify that the meeting may be closed
and shall reference each relevant exempting provision.
7. 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

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of the views expressed. All documents considered in
connection with an action shall be identified in minutes.
All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the
Commission or order of a court of competent jurisdiction.
8. Financing of the Commission.
a. The Commission shall pay, or provide for the
payment of, the reasonable expenses of its
establishment, organization, and ongoing activities.
b. The Commission may accept any and all
appropriate revenue sources, donations, and grants of
money, equipment, supplies, materials, and services.
c. The Commission may levy on and collect an
annual assessment from each member state or impose
fees on other parties to cover the cost of the
operations and activities of the Commission and its
staff, which must be in a total amount sufficient to
cover its annual budget as approved each year for
which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated
based upon a formula to be determined by the
Commission, which shall promulgate a rule binding upon
all member states.
9. 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

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the member states, except by and with the authority of the
member state.
10. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the Commission shall be subject to the audit and
accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled
by the Commission shall be audited yearly by a certified
or licensed public accountant, and the report of the audit
shall be included in and become part of the annual report
of the Commission.
F. Qualified Immunity, Defense, and Indemnification.
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 paragraph 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

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person.
2. The Commission shall defend any member, officer,
executive director, employee or representative of the
Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or
omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable
basis for believing occurred within the scope of
Commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to
prohibit that person from retaining his or her own
counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless
any member, officer, executive director, employee, or
representative of the Commission for the amount of any
settlement or judgment obtained against that person
arising out of any actual or alleged act, error or
omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that person
had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or
responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or

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willful or wanton misconduct of that person.
SECTION 9. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, and utilization of a coordinated database and
reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in
member states.
B. Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the
data system on all individuals to whom this Compact is
applicable as required by the rules of the Commission,
including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact
privilege;
4. Non-confidential information related to alternative
program participation;
5. Any denial of application for licensure, and the
reason(s) for denial; and
6. Other information that may facilitate the
administration of this Compact, as determined by the rules
of the Commission.
C. Investigative information pertaining to a licensee in
any member state shall only be available to other member
states.

HB3264 - 29 - LRB103 30793 AWJ 57285 b
D. The Commission shall promptly notify all member states
of any adverse action taken against a licensee or an
individual applying for a license. Adverse action information
pertaining to a licensee in any member state shall be
available to any other member state.
E. Member states contributing information to the data
system may designate information that may not be shared with
the public without the express permission of the contributing
state.
F. Any information submitted to the data system that is
subsequently required to be expunged by the laws of the member
state contributing the information shall be removed from the
data system.
SECTION 10. RULEMAKING
A. The Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this Section and the
rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the
same manner used to adopt the Compact within 4 years of the
date of adoption of the rule, the rule shall have no further
force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or

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rules by the Commission, and at least thirty (30) days in
advance of the meeting at which the rule shall be considered
and voted upon, the Commission shall file a Notice of Proposed
Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
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 Rulemaking shall include:
1. The proposed time, date, and location of the
meeting in which the rule shall be considered and voted
upon;
2. The text of the proposed rule or amendment and the
reason for the proposed rule;
3. A request for comments on the proposed rule from
any interested person; and
4. The manner in which interested persons may submit
notice to the Commission of their intention to attend the
public hearing and any written comments.
F. Prior to the adoption of a proposed rule, the
Commission shall allow persons to submit written data, facts,
opinions and arguments, which shall be made available to the
public.
G. The Commission shall grant an opportunity for a public

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hearing before it adopts a rule or amendment if a hearing is
requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or
agency; or
3. An association having at least twenty-five (25)
members.
H. 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.
1. 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 five (5)
business days before the scheduled date of the hearing.
2. 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.
3. All hearings shall be recorded. A copy of the
recording shall be made available on request.
4. Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the Commission at hearings
required by this section.

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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 rulemaking
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 hearing, provided
that the usual rulemaking procedures provided in the Compact
and in this section shall be retroactively applied to the rule
as soon as reasonably possible, in no event later than ninety
(90) days after the effective date of the rule. For the
purposes of this provision, an emergency rule is one that must
be adopted immediately in order to:
1. Meet an imminent threat to public health, safety,
or welfare;
2. Prevent a loss of Commission or member state funds;
or
3. Meet a deadline for the promulgation of an

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administrative rule that is established by federal law or
rule.
M. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted rule
or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical
errors. Public notice of any revisions shall be posted on the
website of the Commission. The revision shall be subject to
challenge by any person for a period of thirty (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.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Dispute Resolution.
1. Upon request by a member state, the Commission
shall attempt to resolve disputes related to the Compact
that arise among member states and between member and
non-member states.
2. The Commission shall promulgate a rule providing
for both mediation and binding dispute resolution for
disputes as appropriate.
B. Enforcement.

HB3264 - 34 - LRB103 30793 AWJ 57285 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. In the event judicial enforcement is necessary,
the prevailing member shall be awarded all costs of
litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any
other remedies available under federal or state law.
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the 10th member
state. The provisions, which become effective at that time,
shall be limited to the powers granted to the Commission
relating to assembly and the promulgation of rules.
Thereafter, the Commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of

HB3264 - 35 - LRB103 30793 AWJ 57285 b
the Compact.
B. Any state that joins the Compact subsequent to the
Commission's initial adoption of the rules shall be subject to
the rules as they exist on the date on which the Compact
becomes law in that state. Any rule that has been previously
adopted by the Commission shall have the full force and effect
of law on the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by
enacting a statute repealing the same.
1. A member state's withdrawal shall not take effect
until six (6) months after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing state's audiology or
speech-language pathology licensing board to comply with
the investigative and adverse action reporting
requirements of this act prior to the effective date of
withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any audiology or speech-language
pathology licensure agreement or other cooperative arrangement
between a member state and a non-member state that does not
conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No
amendment to this Compact shall become effective and binding
upon any member state until it is enacted into the laws of all

HB3264 - 36 - LRB103 30793 AWJ 57285 b
member states.
SECTION 13. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
Compact shall be severable and if any phrase, clause, sentence
or provision of this Compact is declared to be contrary to the
constitution of any member state or of the United States or the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this Compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this Compact shall be held contrary to the constitution of
any member state, the Compact 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.
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein prevents the enforcement of any other
law of a member state that is not inconsistent with the
Compact.
B. All laws in a member state in conflict with the Compact
are superseded to the extent of the conflict.
C. All lawful actions of the Commission, including all
rules and bylaws promulgated by the Commission, are binding
upon the member states.
D. All agreements between the Commission and the member

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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."
Section 10. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by adding Section 4.3 as
follows:
(225 ILCS 110/4.3 new)
Sec. 4.3. Audiology and Speech-Language Pathology
Interstate Compact Act. If the Audiology and Speech-Language
Pathology Interstate Compact becomes law as provided in
Section 5 of the Audiology and Speech-Language Pathology
Interstate Compact Act, the Department shall revise its rules
related to implementing and enforcing the Illinois
Speech-Language Pathology and Audiology Practice Act to be in
conformance with the Compact, if necessary. The Department
shall also make recommendations in a report to the General
Assembly as to what portions of this Act and other laws should
be modified, if at all, to be consistent with the Compact."