§ 25-35.6-5-7 — Remote state authority; adverse actions; investigations; alternative discipline

Indiana § 25-35.6-5-7

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 35.6: SPEECH PATHOLOGISTS AND
• Ch. 5: Audiology and Speech-Language Pathology Interstate

Text

(a) In addition to the other powers conferred
by state law, a remote state shall have the authority, in accordance with
existing state due process law, to do the following:
(1) Take adverse action against an audiologist's or
speech-language pathologist's privilege to practice within that
member state.
(2) Issue subpoenas for both hearings and 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.
Only the home state shall have the power to take adverse action against
an audiologist's or speech-language pathologist's license issued by the
home state.
(b) For purposes of taking adverse action, the home state shall give
the same priority and effect to reported conduct received from a
member state as it would if the conduct had occurred within the home
state. In so doing, the home state shall apply its own state laws to
determine appropriate action.
(c) The home state shall complete any pending investigations of an
audiologist or speech-language pathologist who changes primary state
of residence during the course of the investigations. The home state
shall also have the authority to take any appropriate actions 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, a 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) A 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) The following apply to 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.

Legislative History

As added by P.L.149-2022, SEC.19.