§ 37:2678.1 — Audiology and Speech-Language Interstate Compact; adoption

Louisiana § 37:2678.1

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§2678.1. Audiology and Speech-Language Interstate Compact; adoption
The Audiology and Speech-Language Pathology Interstate Compact is hereby
recognized and enacted into law and entered into by this state with all states legally joining
therein in the form substantially as follows:
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, or student is located at the time of the
patient, client, or student's 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.
(7) Allow for the use of telehealth technology to facilitate increased access to
audiology and speech-language pathology services.
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. 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 nondisciplinary 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, or student
is located at the time of the patient, client, or student's 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,
or consultation.
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 where the licensee obtains
such privilege.
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 timeframe 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 P. L. 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.
(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.
(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.
(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.
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 years from date of application.
(5) Notify the commission that the licensee is seeking the compact privilege within
a remote state or states.
(6) Pay any applicable fees, including any state fee, for the compact privilege.
(7) Report to the commission adverse action taken by any nonmember state within
thirty 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 nonmember 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 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.
(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.
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.
Active duty military personnel, or their spouses, 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.
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 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 or
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, 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.
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 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 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 days.
(5) Each delegate shall be entitled to one 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 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.
(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 members:
(a) Seven voting members who are elected by the commission from the current
membership of the commission.
(b) Two 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.
(c) One 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.
(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, nonpublic meeting if the commission or 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 of the commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the compact.
(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 the 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 or liability
for any damage, loss, injury, or liability caused by the intentional and/or willful or wanton
misconduct or gross negligence 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 gross negligence or 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 gross negligence or intentional or willful or
wanton misconduct of that person.
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) Nonconfidential information related to alternative program participation.
(5) Any denial of application for licensure and the reason or reasons for denial.
(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.
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 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 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.
(2) On the website of each member state's 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.
(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 persons.
(2) A state or federal governmental subdivision or agency.
(3) An association having at least twenty-five 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 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
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.
(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 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.
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 nonmember
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
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.
A. The compact shall come into effect on the date on which the compact statute is
enacted into law in the tenth 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 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 nonmember 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.
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.
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

Acts 2020, 2 nd Ex. Sess., No. 37, §2, eff. July 1, 2021.