2023 -- S 0564

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LC000939

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- AUDIOLOGY AND SPEECH-

LANGUAGE PATHOLOGY INTERSTATE COMPACT

     Introduced By: Senators Gallo, Pearson, Lombardo, DiPalma, Ciccone, and Gu

     Date Introduced: March 07, 2023

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 48.2

AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT

     5-48.2-1. Purpose.

     (a) The purpose of this chapter is to establish participation in a compact 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.

     (b) This chapter and compact are 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.

     5-48.2-2. Definitions.

     As used in this chapter, and except as otherwise provided, the following definitions shall

apply:

     (1) "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. Chapters 1209 and 1211.

     (2) "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.

     (3) "Alternative program" means a non-disciplinary monitoring process approved by an

audiology or speech-language pathology licensing board to address impaired practitioners.

     (4) "Audiologist" means an individual who is licensed by a state to practice audiology.

     (5) "Audiology" means the care and services provided by a licensed audiologist as set forth

in the member state's statutes and rules.

     (6) "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.

     (7) "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.

     (8) "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.

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     (9) "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.

     (10) "Data system" means a repository of information about licensees, including, but not

limited to, continuing education, examination, licensure, investigative, compact privilege and

adverse action.

     (11) "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).

     (12) "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.

     (13) "Home state" means the member state that is the licensee's primary state of residence.

     (14) "Impaired practitioner" means individuals whose professional practice is adversely

affected by substance abuse, addiction, or other health-related conditions.

     (15) "Licensee" means an individual who currently holds an authorization from the state

licensing board to practice as an audiologist or speech-language pathologist.

     (16) "Member state" means a state that has enacted the compact.

     (17) "Privilege to practice" means a legal authorization permitting the practice of audiology

or speech-language pathology in a remote state.

     (18) "Remote state" means a member state other than the home state where a licensee is

exercising or seeking to exercise the compact privilege.

     (19) "Rule" means a regulation, principle or directive promulgated by the commission that

has the force of law.

     (20) "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.

     (21) "Speech-language pathologist" means an individual who is licensed by a state to

practice speech-language pathology.

     (22) "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.

     (23) "State" means any state, commonwealth, district or territory of the United States of

America that regulates the practice of audiology and speech-language pathology.

     (24) "State practice laws" means a member state's laws, rules and regulations that govern

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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.

     (25) "Telehealth" means the application of telecommunication technology to deliver

audiology or speech-language pathology services at a distance for assessment, intervention and/or

consultation.

     5-48.2-3. State participation in 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 Pub. 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) Shall meet one of the following educational requirements:

     (i) On or before, Dec. 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

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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

     (ii) On or after, Jan. 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

     (iii) 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 commission;

     (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; and

     (6) Has a valid United States Social Security or National Practitioner Identification number.

     (f) For a speech-language pathologist:

     (1) Shall meet one of the following educational requirements:

     (i) 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

     (ii) Has graduated from a speech-language pathology program that is housed in an

institution of higher education outside of the United States for which the program and institution

have been approved by the authorized accrediting body in the applicable country and 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;

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     (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; and

     (7) Has a valid United States Social Security Number 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; Provided,

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.

     5-48.2-4. Compact privileges.

     (a) To exercise the compact privilege under the terms and provisions of this chapter, 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 §5-48.2-3;

     (4) Have not had any adverse action against any license or compact privilege within the

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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; and

     (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 home state license at a time.

     (c) Except as provided in § 5-48.2-6, 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 must comply with the requirements of § 5-48.2- 4(a) 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:

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     (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 § 5-48.2- 4(a) to obtain a compact privilege in any remote state.

     (l) Once the requirements of §5-48.2-4(j) have been met, the licensee shall meet the

requirements in § 5-48.2-4(a) to obtain a compact privilege in a remote state.

     5-48.2-5. Compact privileges to practice telehealth.

     Member states shall recognize the right of an audiologist or speech-language pathologist,

licensed by a home state in accordance with § 5-48.2-3 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.

     5-48.2-6. 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.

     5-48.2-7. 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, 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;

and

     (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

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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 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, 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 the member state's 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.

     5-48.2-8. Establishment of the audiology and speech-language pathology compact

commission.

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     (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 shall be an

audiologist and one 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 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;

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     (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. 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 as follows:

     (i) Seven (7) voting members who shall be elected by the commission from the current

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membership of the commission;

     (ii) Two (2) ex officio members, consisting of one nonvoting member from a recognized

national audiology professional association and one nonvoting member from a recognized national

speech-language pathology association; and

     (iii) 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:

     (i) 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;

     (ii) Ensure compact administration services are appropriately provided, contractual or

otherwise;

     (iii) Prepare and recommend the budget;

     (iv) Maintain financial records on behalf of the commission;

     (v) Monitor compact compliance of member states and provide compliance reports to the

commission;

     (vi) Establish additional committees as necessary; and

     (vii) 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 § 5-

48.2-10.

     (5) 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 shall discuss:

     (i) Non-compliance of a member state with its obligations under the compact;

     (ii) 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;

     (iii) Current, threatened, or reasonably anticipated litigation;

     (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real

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estate;

     (v) Accusing any person of a crime or formally censuring any person;

     (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

     (vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (viii) Disclosure of investigative records compiled for law enforcement purposes;

     (ix) Disclosure of information related to any investigative reports prepared by or on behalf

of or for use of the commission or other committee charged with responsibility of investigation or

determination of compliance issues pursuant to the compact; or

     (x) 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.

     (f) 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.

     (g) Financing of the commission.

     (1) The commission shall pay, or provide for the payment of, the reasonable expenses of

its establishment, organization, and ongoing activities.

     (2) The commission may accept any and all appropriate revenue sources, donations, and

grants of money, equipment, supplies, materials, and services.

     (3) The commission may levy on and collect an annual assessment from each member state

or impose fees on other parties to cover the cost of the operations and activities of the commission

and its staff, which must be in a total amount sufficient to cover its annual budget as approved each

year for which revenue is not provided by other sources. The aggregate annual assessment amount

shall be allocated based upon a formula to be determined by the commission, which shall

promulgate a rule binding upon all member states.

     (h) 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.

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     (i) 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.

     (j) 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 subsection 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 his or her

own counsel; and provided further, that the actual or alleged act, error, or omission did not result

from that person's intentional or willful or wanton misconduct.

     (3) The commission shall indemnify and hold harmless any member, officer, executive

director, employee, or representative of the commission for the amount of any settlement or

judgment obtained against that person arising out of any actual or alleged act, error or omission

that occurred within the scope of commission employment, duties, or responsibilities, or that 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.

     5-48.2-9. Database and reporting 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

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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.

     5-48.2-10. Rulemaking.

     (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this chapter 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

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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 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.

     (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

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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 one 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.

     5-48.2-11. 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

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damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded

all costs of litigation, including reasonable attorneys' 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.

     5-48.2-12. 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 the rules 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 (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 chapter or the 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.

     5-48.2-13. Construction and severability.

     This chapter and 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

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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.

     5-48.2-14. 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.

     SECTION 2. This act shall take effect on the date on which the compact statute is enacted

into law in the tenth member state.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- AUDIOLOGY AND SPEECH-

LANGUAGE PATHOLOGY INTERSTATE COMPACT

***

     This act would adopt the Audiology and Speech-Language Pathology Interstate Compact.

The act would establish a joint public agency known as the Audiology and Speech-Language

Pathology Compact commission to administer the provisions of the compact between the states.

     This act would take effect on the date on which the compact statute is enacted into law in

the tenth member state.

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