Bill Text: TX SB1497 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the audiology and speech-language pathology interstate compact; authorizing fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to Health & Human Services [SB1497 Detail]

Download: Texas-2021-SB1497-Introduced.html

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87R2054 KKR-D
By: Kolkhorst S.B. No. 1497

A BILL TO BE ENTITLED
AN ACT
relating to the audiology and speech-language pathology interstate
compact; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 401, Occupations Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE
COMPACT
Sec. 401.551. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
INTERSTATE COMPACT. The Audiology and Speech-Language Pathology
Compact is enacted and entered into with all other jurisdictions
that legally join in the compact, which reads as follows:
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
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 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.
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 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
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 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 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 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 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 audiology, 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
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 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
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.
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 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
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.
3. Only the home state shall have the power to take
adverse action against a audiologist's or speech-language
pathologist's license issued by the home state.
B. For purposes of taking adverse action, the home state
shall give the same priority and effect to reported conduct
received from a member state as it would if the conduct had occurred
within the home state. In so doing, the home state shall apply its
own state laws to determine appropriate action.
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.
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
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 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;
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;
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 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;
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,
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 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 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 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 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.
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
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
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.
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
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
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 1Oth 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 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 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
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.
Sec. 401.552. ADMINISTRATION OF COMPACT. The department is
the Audiology and Speech-Language Pathology Compact administrator
for this state.
Sec. 401.553. RULES. The commission may adopt rules
necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2021.