(a) The compact member states hereby create
and establish a joint public agency known as the Audiology and
Speech-Language Pathology Compact Commission. The following
apply to the 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) The following apply to the membership, voting, and meetings of
the commission:
(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 (1) shall be an audiologist
and one (1) 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 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 receive,
utilize, and dispose of the same, provided that at all times the
commission shall avoid any appearance of impropriety, conflict
of interest, or both.
(12) Lease, purchase, accept appropriate gifts or donations of, or
otherwise 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.
(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 commission does not have authority to change or modify the
laws of the member states that define the practice of audiology and
speech-language pathology in the respective member states.
(e) The executive committee shall have the power to act on behalf
of the commission according to the terms of this compact. The
executive committee shall be composed of ten (10) members as
follows:
(1) Seven (7) voting members who are elected by the commission
from the current membership of the commission.
(2) Two (2) ex-officios, consisting of one (1) nonvoting member
from a recognized national audiology professional association and
one (1) nonvoting member from a recognized national
speech-language pathology association.
(3) One (1) ex-officio, nonvoting member from the recognized
membership organization of the audiology and speech-language
pathology licensing boards.
(f) The ex-officio members of the executive committee shall be
selected by their respective organizations.
(g) The commission may remove any member of the executive
committee as provided in bylaws.
(h) The executive committee shall meet at least annually.
(i) The executive committee shall have the following duties and
responsibilities:
(1) 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.
(2) Ensure compact administration services are appropriately
provided, contractual or otherwise.
(3) Prepare and recommend the budget.
(4) Maintain financial records on behalf of the commission.
(5) Monitor compact compliance of member states and provide
compliance reports to the commission.
(6) Establish additional committees as necessary.
(7) Other duties as provided in rules or bylaws.
(j) All meetings of the commission 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 of this chapter.
(k) The commission, the executive committee, or other committees
of the commission may convene in a closed, nonpublic meeting if the
commission or executive committee or other committees of the
commission must discuss:
(1) noncompliance of a member state with its obligations under
the compact;
(2) 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;
(3) current, threatened, or reasonably anticipated litigation;
(4) negotiation of contracts for the purchase, lease, or sale of
goods, services, or real estate;
(5) accusing any person of a crime or formally censuring any
person;
(6) disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
(7) disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(8) disclosure of investigative records compiled for law
enforcement purposes;
(9) 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
(10) matters specifically exempted from disclosure by federal or
member state statute.
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.
(l) 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 meetings other than closed meetings shall be made
available to members of the public upon request and at the requesting
person's expense. 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.
(m) The following apply concerning the financing of the
commission:
(1) The commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and
ongoing activities.
(2) The commission may accept any and all appropriate revenue
sources, donations, and grants of money, equipment, supplies,
materials, and services.
(3) 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.
(n) 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.
(o) 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.
(p) Concerning issues of qualified immunity, defense, and
indemnification the following apply:
(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 subdivision shall be
construed to protect any person from suit, liability, or both, 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 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.