§ 40-67-570 — Adverse actions.

(A) In addition to the other powers conferred by state law, a remote state has 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 must 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; and (3) only the home state has 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 must give the same priority and effect to reported conduct received from a member state as it would if the conduct occurred within the home state. In so doing, the home state must apply its own state laws to determine appropriate action. (C) The home state must 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 also has the authority to take appropriate actions and promptly shall 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 its own procedures for taking the adverse action. (F) 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. 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 is deactivated until all encumbrances are removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech language pathologist's license must 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 promptly must 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 overrides a member state's decision that participation in an alternative program may be used in lieu of adverse action.

Legislative History

HISTORY: 2022 Act No. 160 (H.3840), SECTION 1, eff May 13, 2022.