§ 33-33-402 — Compact provisions generally

The Audiology and Speech-Language Pathology Interstate Compact
is enacted into law and entered into on behalf of this state
with all other states legally joining in the compact in a 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 practice 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 the 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 service of the United States, including members
of the National Guard and Reserve on active duty orders pursuant
to 10 U.S.C. Section 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 and/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" unless the context clearly indicates otherwise 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 shall 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 shall fully implement a criminal background
check requirement, within a time frame 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 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 and 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. Shall meet one (1) 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 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. Shall meet one (1) 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 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 shall 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 shall 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 of this compact;
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 (1) home state
license at a time.
C. Except as provided in Section 6 of this compact, if an
audiologist or speech-language pathologist changes primary state
of residence by moving between two (2) member states, the
audiologist or speech-language pathologist shall 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 shall comply with the
requirements of Section 4(A) of this compact 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 occur:
1. The home state license is no longer encumbered; and
2. Two (2) 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 shall meet the requirements of
Section 4(A) of this compact to obtain a compact privilege in
any remote state.
L. Once the requirements of Section 4(J) of this compact have
been met, the licensee shall meet the requirements in Section
4(A) of this compact 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 of this compact 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, as follows:
1. A remote state may take adverse action against an
audiologist's or speech-language pathologist's privilege to
practice within that member state;
2. A remote state may 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. Notwithstanding Section 7(A)(1) and (2) of this compact,
only the home state shall have the power to take adverse action
against a 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(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 home 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 home state may 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.
SECTION 8
ESTABLISHMENT OF THE 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 (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 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 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; 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 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-officio members, 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;
c. One (1) ex-officio, nonvoting member from the recognized
membership organization of the audiology and speech-language
pathology licensing boards; and
d. The ex-officio members shall be selected by their respective
organizations.
2. The Commission may remove any member of the Executive
Committee as provided in bylaws;
3. The Executive Committee shall meet at least annually;
4. 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; and
g. Other duties as provided in rules or bylaws.
E. 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 Compact.
F. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, non-public
meeting if the Commission or Executive Committee or other
committees of the Commission will discuss:
1. Non-compliance 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;
10. Matters specifically exempted from disclosure by federal or
member state statute; or
11. 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.
G. 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.
H. 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 shall 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;
4. 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;
5. 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.
I. 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 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 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 provide 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. Hearings shall be in accordance with the
following:
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 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 (90) days
after the effective date of the rule. For the purposes of this
provision, an emergency rule is a rule that shall 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 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 subject to the following:
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.