§ 24-60-4202 — Compact approved and ratified

Colorado § 24-60-4202

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:

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 practices 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 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
services of the United States, including members of the National Guard and
Reserve on active duty orders pursuant to 10 U.S.C. chapters 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 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 requirement that an applicant for licensure under the Compact must
have the applicant's fingerprints taken by a local law enforcement agency or any
third party approved by the Colorado bureau of investigation for the purpose of
obtaining a fingerprint-based criminal history record check. The applicant shall
submit payment by certified check or money order for the fingerprints and for the
actual costs of the record check at the time the fingerprints are submitted to the
Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the
payment for costs, the Colorado bureau of investigation shall conduct a state and
national fingerprint-based criminal history record check utilizing records of the
Colorado bureau of investigation and the federal bureau of investigation and shall
forward the results of the criminal history record check to the board. The board
shall use the information resulting from the fingerprint-based criminal history
record check to investigate and determine whether an applicant is qualified to hold
a license pursuant to the Compact. The board may verify the information an
applicant is required to submit. The results of the criminal history record check are
confidential. The board shall not release the results to the public, the Commission,
or any other regulator, as that term is defined in section 12-20-102 (14).

1. A member state must fully implement a criminal background check
requirement, within a time frame established by rule.

2. Communication between a member state, the Commission, and among
member states regarding 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, December 31, 2007, has graduated with a master's degree or
doctorate in audiology, or equivalent degree regardless of degree name, from a
program that is accredited by an accrediting agency recognized by the Council for
Higher Education Accreditation, or its successor, or by the 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, January 1, 2008, has graduated with a doctoral degree in
audiology, or equivalent degree, regardless of degree name, from a program that is
accredited by an accrediting agency recognized by the Council for Higher
Education Accreditation, or its successor, or by the 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
Commission;

3. Has successfully passed a national examination approved by the
Commission;

4. Holds an active, unencumbered license;

5. Has not been convicted or found guilty, and has not entered into an
agreed disposition, of a felony related to the practice of audiology, under
applicable state or federal criminal law;

6. Has a valid United States Social Security number or a 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 a National Practitioner
Identification number.

G. The privilege to practice is derived from the home state license.

H. An audiologist or a 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 two (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 thirty (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 occurs:

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
an audiologist's or a 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 doing so, 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 a 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, the member state may recover from
the affected audiologist or speech-language pathologist the costs of investigations
and disposition of cases resulting from any adverse action taken against that
audiologist or speech-language pathologist.

E. The member state may take adverse action based on the factual findings
of the remote state, provided that the member state follows the member state's
own procedures for taking the adverse action.

F. 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 a 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 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 ninety (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 real, personal, or mixed property; 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's 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 the
Executive Committee or other committees of the Commission must discuss:

a. Noncompliance of a member state with its obligations under the Compact;

b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the
Commission's internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement
purposes;

i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use by 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 costs 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 judgement 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 the 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 four (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 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 tenth (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 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.

Legislative History

Source: L. 2021: Entire part added, (SB 21-021), ch. 194, p. 1019, � 1, effective September 7.