Florida Senate - 2024                                    SB 1498
       
       
        
       By Senator Wright
       
       
       
       
       
       8-01598-24                                            20241498__
    1                        A bill to be entitled                      
    2         An act relating to the Practice of Audiology and
    3         Speech-language Pathology Interstate Compact; creating
    4         s. 468.1335, F.S.; enacting the Practice of Audiology
    5         and Speech-language Pathology Interstate Compact;
    6         providing a purpose and objectives; providing
    7         construction; defining terms; specifying requirements
    8         for state participation in the compact and duties of
    9         member states; specifying requirements for a privilege
   10         to practice in member states; providing that a
   11         privilege to practice is derived from the home state
   12         license; specifying the parameters of practice for
   13         audiologists and speech-language pathologists
   14         practicing in member states; specifying that the
   15         compact does not affect an individual’s ability to
   16         apply for, and a member state’s ability to grant, a
   17         single-state license pursuant to the laws of that
   18         state; providing construction; specifying criteria a
   19         licensee must meet to exercise compact privilege;
   20         specifying that a licensee may hold a home state
   21         license in only one member state at a time; specifying
   22         requirements and procedures for changing a home state
   23         license designation; providing for the expiration and
   24         renewal of compact privilege; specifying that a
   25         licensee with compact privilege in a remote state must
   26         adhere to the laws and rules of that state;
   27         authorizing member states to act on a licensee’s
   28         compact privilege under certain circumstances;
   29         specifying the consequences and parameters of practice
   30         for a licensee whose compact privilege has been acted
   31         on or whose home state license is encumbered;
   32         providing for the recognition of the practice of
   33         audiology or speech-language pathology through
   34         telehealth in member states; authorizing certain
   35         active duty military personnel or their spouses to
   36         keep their home state designation during active duty;
   37         specifying how such individuals may subsequently
   38         change their home state license designation;
   39         authorizing remote states to take adverse action
   40         against a licensee’s privilege to practice and issue
   41         subpoenas for hearings and investigations under
   42         certain circumstances; providing for the enforcement
   43         of subpoenas issued by remote states; requiring the
   44         remote state to pay for certain associated costs and
   45         fees; providing requirements and procedures for taking
   46         adverse action; authorizing remote states to recover
   47         costs of investigations and disposition of cases under
   48         certain circumstances; authorizing member states to
   49         engage in joint investigations under certain
   50         circumstances; providing that a licensee’s compact
   51         privilege must be deactivated in all member states for
   52         the duration of an encumbrance imposed by the
   53         licensee’s home state; requiring home state
   54         disciplinary orders imposing adverse action to include
   55         a certain statement; providing for notice to the
   56         commission’s data system and the licensee’s home state
   57         of any adverse action taken against a licensee;
   58         providing construction; establishing the Audiology and
   59         Speech-language Pathology Interstate Compact
   60         Commission; providing for jurisdiction and venue for
   61         court proceedings; providing construction; providing
   62         for membership, voting, and meetings of the
   63         commission; specifying the commission’s powers and
   64         duties; providing for election and membership of an
   65         executive committee; providing duties and
   66         responsibilities of the executive committee; providing
   67         requirements for meetings of the commission; requiring
   68         the commission to keep minutes of the meetings;
   69         providing requirements for the minutes; providing for
   70         the financing of the commission; providing for annual
   71         audits of the commission; providing specified
   72         individuals immunity from civil liability under
   73         certain circumstances; providing construction;
   74         requiring the commission to defend such individuals in
   75         civil actions under certain circumstances; requiring
   76         the commission to indemnify and hold harmless
   77         specified individuals for any settlement or judgment
   78         obtained in such actions under certain circumstances;
   79         providing for the development of a data system;
   80         providing reporting procedures; providing for the
   81         exchange of specified information between member
   82         states; requiring the commission to notify member
   83         states of any adverse action taken against a licensee
   84         or applicant for licensure; authorizing member states
   85         to designate as confidential information provided to
   86         the data system; requiring the commission to remove
   87         information from the data system under certain
   88         circumstances; providing rulemaking procedures for the
   89         commission, including public notice and hearing
   90         requirements; providing emergency rulemaking
   91         procedures; providing procedures for rule revisions
   92         that are technical in nature; providing for member
   93         state dispute resolution and enforcement of the
   94         compact; providing procedures and venue for the
   95         commission to initiate legal actions to enforce the
   96         compact; providing for injunctive relief and damages;
   97         providing for costs and attorney fees; providing
   98         construction; providing that the compact becomes
   99         effective and binding upon enactment of the compact by
  100         10 states; providing for initial rulemaking to
  101         implement the compact; providing that states that join
  102         the compact after adoption of the initial rules are
  103         subject to such rules; providing procedures for
  104         withdrawal from the compact; providing construction;
  105         providing for amendment of the compact; providing
  106         construction and for severability; specifying that the
  107         compact and commission actions, rules, and agreements
  108         are binding on member states; providing an effective
  109         date.
  110          
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. Section 468.1335, Florida Statutes, is created
  114  to read:
  115         468.1335Practice of Audiology and Speech-language
  116  Pathology Interstate Compact.—The Practice of Audiology and
  117  Speech-language Pathology Interstate Compact is hereby enacted
  118  into law and entered into by this state with all other states
  119  legally joining therein in the form substantially as follows:
  120  
  121                              ARTICLE I                            
  122                               PURPOSE                             
  123  
  124         (1)The purpose of this compact is to facilitate the
  125  interstate practice of audiology and speech-language pathology
  126  with the goal of improving public access to audiology and
  127  speech-language pathology services.
  128         (2)The practice of audiology and speech-language pathology
  129  occurs in the state where the patient, client, or student is
  130  located at the time the services are provided.
  131         (3)The compact preserves the regulatory authority of
  132  states to protect the public health and safety through the
  133  current system of state licensure.
  134         (4)This compact is designed to achieve all of the
  135  following objectives:
  136         (a)Increase public access to audiology and speech-language
  137  pathology services by providing for the mutual recognition of
  138  other member state licenses.
  139         (b)Enhance the ability of member states to protect public
  140  health and safety.
  141         (c)Encourage the cooperation of member states in
  142  regulating multistate audiology and speech-language pathology
  143  practices.
  144         (d)Support spouses of relocating active duty military
  145  personnel.
  146         (e)Enhance the exchange of licensure, investigative, and
  147  disciplinary information between member states.
  148         (f)Allow a remote state to hold a licensee with compact
  149  privilege in that state accountable to that state’s practice
  150  standards.
  151         (g)Allow for the use of telehealth technology to
  152  facilitate increased access to audiology and speech-language
  153  pathology services.
  154  
  155                             ARTICLE II                            
  156                             DEFINITIONS                           
  157  
  158         (1)As used in this section, the term:
  159         (2)“Active duty military” means full-time duty status in
  160  the active uniformed service of the United States, including
  161  members of the National Guard and Reserve on active duty orders
  162  pursuant to 10 U.S.C. chapters 1209 and 1211.
  163         (3)“Adverse action” means any administrative, civil,
  164  equitable, or criminal action permitted by a state’s laws which
  165  is imposed by a licensing board against a licensee, including
  166  actions against an individual’s license or privilege to
  167  practice, such as revocation, suspension, probation, monitoring
  168  of the licensee, or restriction on the licensee’s practice.
  169         (4)“Alternative program” means a nondisciplinary
  170  monitoring process approved by an audiology licensing board or a
  171  speech-language pathology licensing board to address impaired
  172  licensees.
  173         (5)“Audiologist” means an individual who is licensed by a
  174  state to practice audiology.
  175         (6)“Audiology” means the care and services provided by a
  176  licensed audiologist as provided in the member state’s rules and
  177  regulations.
  178         (7)“Audiology and Speech-language Pathology Interstate
  179  Compact Commission” or “commission” means the national
  180  administrative body whose membership consists of all states that
  181  have enacted the compact.
  182         (8)“Audiology licensing board” means the agency of a state
  183  that is responsible for the licensing and regulation of
  184  audiologists.
  185         (9)“Compact privilege” means the authorization granted by
  186  a remote state to allow a licensee from another member state to
  187  practice as an audiologist or speech-language pathologist in the
  188  remote state under its rules and regulations. The practice of
  189  audiology or speech-language pathology occurs in the member
  190  state where the patient, client, or student is located at the
  191  time the services are provided.
  192         (10)“Data system” means a repository of information
  193  relating to licensees, including, but not limited to, continuing
  194  education, examination, licensure, investigative, compact
  195  privilege, and adverse action information.
  196         (11)“Encumbered license” means a license in which an
  197  adverse action restricts the practice of audiology or speech
  198  language pathology by the licensee and the adverse action has
  199  been reported to the National Practitioner Data Bank (NPDB).
  200         (12)“Executive committee” means a group of directors
  201  elected or appointed to act on behalf of, and within the powers
  202  granted to them by, the commission.
  203         (13)“Home state” means the member state that is the
  204  licensee’s primary state of residence.
  205         (14)“Impaired licensee” means a licensee whose
  206  professional practice is adversely affected by substance abuse,
  207  addiction, or other health-related conditions.
  208         (15)“Investigative information,” means information that a
  209  licensing board, after an inquiry or investigation that includes
  210  notification and an opportunity for the audiologist or speech
  211  language pathologist to respond, if required by state law, has
  212  reason to believe is not groundless and, if proved true, would
  213  indicate more than a minor infraction.
  214         (16)“Licensee” means a person who is licensed by his or
  215  her home state to practice as an audiologist or speech-language
  216  pathologist.
  217         (17)“Licensing board” means the agency of a member state
  218  which is responsible for the licensing and regulation of
  219  audiologists or speech-language pathologists.
  220         (18)“Member state” means a state that has enacted the
  221  compact.
  222         (19)“Privilege to practice” means an authorization
  223  permitting the practice of audiology or speech-language
  224  pathology in a remote state.
  225         (20)“Remote state” means a member state other than the
  226  home state where a licensee is exercising or seeking to exercise
  227  his or her compact privilege.
  228         (21)“Rule” means a regulation, principle, or directive
  229  adopted by the commission which has the force of law.
  230         (22)“Single-state license” means an audiology or speech
  231  language pathology license issued by a member state which
  232  authorizes practice only within the issuing state and does not
  233  include a privilege to practice in any other member state.
  234         (23)“Speech-language pathologist” means an individual who
  235  is licensed to practice speech-language pathology.
  236         (24)“Speech-language pathology” means the care and
  237  services provided by a licensed speech-language pathologist as
  238  provided in the member state’s rules and regulations.
  239         (25)“Speech-language pathology licensing board” means the
  240  agency of a member state which is responsible for the licensing
  241  and regulation of speech-language pathologists.
  242         (26)“State” means any state, commonwealth, district, or
  243  territory of the United States of America that regulates the
  244  practice of audiology and speech-language pathology.
  245         (27)“State practice laws” means a member state’s laws,
  246  rules, and regulations that govern the practice of audiology or
  247  speech-language pathology, define the scope of audiology or
  248  speech-language pathology practice, and create the methods and
  249  grounds for imposing discipline.
  250         (28)“Telehealth” means the application of
  251  telecommunication technology to deliver audiology or speech
  252  language pathology services at a distance for assessment,
  253  intervention, or consultation.
  254  
  255                             ARTICLE III                           
  256                         STATE PARTICIPATION                       
  257  
  258         (1)A license issued to an audiologist or speech-language
  259  pathologist by a home state to a resident in that state must be
  260  recognized by each member state as authorizing an audiologist or
  261  speech-language pathologist to practice audiology or speech
  262  language pathology, under a privilege to practice, in each
  263  member state.
  264         (2)A member state must implement and utilize procedures
  265  for considering the criminal history records of applicants for
  266  initial privilege to practice. These procedures must include the
  267  submission of fingerprints or other biometric-based information
  268  by applicants for the purpose of obtaining an applicant’s
  269  criminal history records from the Federal Bureau of
  270  Investigation and the agency responsible for retaining that
  271  state’s criminal history records.
  272         (a)A member state must fully implement and utilize a
  273  criminal history records check procedure, within a timeframe
  274  established by rule, that requires the member state to receive
  275  an applicant’s criminal history records from the Federal Bureau
  276  of Investigation and the agency responsible for retaining the
  277  member state’s criminal history records and use such records in
  278  making licensure decisions.
  279         (b)Communication between a member state, the commission,
  280  and other member states regarding the verification of
  281  eligibility for licensure through the compact may not include
  282  any information received from the Federal Bureau of
  283  Investigation relating to a criminal history records check
  284  performed by a member state under Pub. L. No. 92-544.
  285         (3)Upon application for a privilege to practice, the
  286  licensing board in the issuing remote state shall ascertain,
  287  through the data system, whether the applicant has ever held, or
  288  is the holder of, a license issued by any other state, whether
  289  there are any encumbrances on any license or privilege to
  290  practice held by the applicant, and whether any adverse action
  291  has been taken against any license or privilege to practice held
  292  by the applicant.
  293         (4)Each member state shall require an applicant to obtain
  294  or retain a license in his or her home state and meet the home
  295  state’s qualifications for licensure or renewal of licensure and
  296  all other applicable state laws.
  297         (5)An applicant may be granted the privilege to practice
  298  as an audiologist by meeting all of the following requirements:
  299         (a)At least one of the following educational requirements:
  300         1.On or before December 31, 2007, has graduated with a
  301  master’s degree or doctorate degree in audiology, or an
  302  equivalent degree, from a program that is accredited by an
  303  accrediting agency recognized by the Council for Higher
  304  Education Accreditation, or its successor, or by the United
  305  States Department of Education and operated by a college or
  306  university accredited by a regional or national accrediting
  307  organization recognized by the board;
  308         2.On or after January 1, 2008, has graduated with a
  309  doctorate degree in audiology, or an equivalent degree, from a
  310  program that is accredited by an accrediting agency recognized
  311  by the Council for Higher Education Accreditation, or its
  312  successor, or by the United States Department of Education and
  313  operated by a college or university accredited by a regional or
  314  national accrediting organization recognized by the board; or
  315         3.Has graduated from an audiology program that is housed
  316  in an institution of higher education outside of the United
  317  States for which the degree program and institution have been
  318  approved by the authorized accrediting body in the applicable
  319  country and the degree program has been verified by an
  320  independent credentials review agency to be comparable to a
  321  state licensing board-approved program.
  322         (b)Has completed a supervised clinical practicum
  323  experience from an accredited educational institution or its
  324  cooperating programs as required by the commission.
  325         (c)Has successfully passed a national examination approved
  326  by the commission.
  327         (d)Holds an active, unencumbered license.
  328         (e)Has not been convicted or found guilty of, or entered a
  329  plea of guilty or nolo contendere to, regardless of
  330  adjudication, a felony in any jurisdiction which directly
  331  relates to the practice of his or her profession or the ability
  332  to practice his or her profession.
  333         (f)Has a valid United States social security number or a
  334  National Provider Identifier number.
  335         (6)An applicant may be granted the privilege to practice
  336  as a speech-language pathologist by meeting all of the following
  337  requirements:
  338         (a)At least one of the following educational requirements:
  339         1.Has graduated with a master’s degree from a speech
  340  language pathology program that is accredited by an organization
  341  recognized by the United States Department of Education and
  342  operated by a college or university accredited by a regional or
  343  national accrediting organization recognized by the board; or
  344         2.Has graduated from a speech-language pathology program
  345  that is housed in an institution of higher education outside of
  346  the United States for which the degree program and institution
  347  have been approved by the authorized accrediting body in the
  348  applicable country and the degree program has been verified by
  349  an independent credentials review agency to be comparable to a
  350  state licensing board-approved program.
  351         (b)Has completed a supervised clinical practicum
  352  experience from an accredited educational institution or its
  353  cooperating programs as required by the commission.
  354         (c)Has completed a supervised postgraduate professional
  355  experience as required by the commission.
  356         (d)Has successfully passed a national examination approved
  357  by the commission.
  358         (e)Holds an active, unencumbered license.
  359         (f)Has not been convicted or found guilty of, or entered a
  360  plea of guilty or nolo contendere to, regardless of
  361  adjudication, a felony in any jurisdiction which directly
  362  relates to the practice of his or her profession or the ability
  363  to practice his or her profession.
  364         (g)Has a valid United States social security number or
  365  National Provider Identifier number.
  366         (7)The privilege to practice is derived from the home
  367  state license.
  368         (8)An audiologist or speech-language pathologist
  369  practicing in a member state must comply with the state practice
  370  laws of the member state where the client is located at the time
  371  service is provided. The practice of audiology and speech
  372  language pathology shall include all audiology and speech
  373  language pathology practices as defined by the state practice
  374  laws of the member state where the client is located. The
  375  practice of audiology and speech-language pathology in a member
  376  state under a privilege to practice shall subject an audiologist
  377  or speech-language pathologist to the jurisdiction of the
  378  licensing boards, courts, and laws of the member state where the
  379  client is located at the time service is provided.
  380         (9)Individuals not residing in a member state shall
  381  continue to be able to apply for a member state’s single-state
  382  license as provided under the laws of each member state.
  383  However, the single-state license granted to these individuals
  384  may not be recognized as granting the privilege to practice
  385  audiology or speech-language pathology in any other member
  386  state. This compact does not affect the requirements established
  387  by a member state for the issuance of a single-state license.
  388         (10)Member states must comply with the bylaws and rules of
  389  the commission.
  390  
  391                             ARTICLE IV                            
  392                          COMPACT PRIVILEGE                        
  393  
  394         (1)To exercise compact privilege under the compact, an
  395  audiologist or speech-language pathologist must meet all of the
  396  following requirements:
  397         (a)Hold an active license in the home state.
  398         (b)Have no encumbrance on any state license.
  399         (c)Be eligible for compact privilege in any member state
  400  in accordance with Article III.
  401         (d)Not have any adverse action against any license or
  402  compact privilege within the 2 years preceding the date of
  403  application.
  404         (e)Notify the commission that he or she is seeking compact
  405  privilege within a remote state or states.
  406         (f)Report to the commission any adverse action taken by
  407  any nonmember state within 30 days from the date the adverse
  408  action is taken.
  409         (2)For the purposes of compact privilege, an audiologist
  410  or speech-language pathologist may only hold one home state
  411  license at a time.
  412         (3)Except as provided in Article VI, if an audiologist or
  413  speech-language pathologist changes primary state of residence
  414  by moving between two member states, the audiologist or speech
  415  language pathologist must apply for licensure in the new home
  416  state, and the license issued by the prior home state shall be
  417  deactivated in accordance with applicable rules adopted by the
  418  commission.
  419         (4)The audiologist or speech-language pathologist may
  420  apply for licensure in advance of a change in his or her primary
  421  state of residence.
  422         (5)A license may not be issued by the new home state until
  423  the audiologist or speech-language pathologist provides
  424  satisfactory evidence of a change in primary state of residence
  425  to the new home state and satisfies all applicable requirements
  426  to obtain a license from the new home state.
  427         (6)If an audiologist or speech-language pathologist
  428  changes primary state of residence by moving from a member state
  429  to a nonmember state, the license issued by the prior home state
  430  shall convert to a single-state license, valid only in the
  431  former home state.
  432         (7)Compact privilege is valid until the expiration date of
  433  the home state license. The licensee must comply with the
  434  requirements of subsection (1) to maintain compact privilege in
  435  the remote state.
  436         (8)A licensee providing audiology or speech-language
  437  pathology services in a remote state under compact privilege
  438  must adhere to the laws and regulations of the remote state.
  439         (9)A remote state may, in accordance with due process and
  440  state law, remove a licensee’s compact privilege in the remote
  441  state for a specific period of time, impose fines, or take any
  442  other necessary actions to protect the health and safety of its
  443  citizens.
  444         (10)If a home state license is encumbered, the licensee
  445  shall lose compact privilege in all remote states until both of
  446  the following occur:
  447         (a)The home state license is no longer encumbered.
  448         (b)Two years have elapsed from the date of the adverse
  449  action.
  450         (11)Once an encumbered license in the home state is
  451  restored to good standing, the licensee must meet the
  452  requirements of subsection (1) to obtain compact privilege in
  453  any remote state.
  454         (12)Once the requirements of subsection (10) have been
  455  met, the licensee must meet the requirements in subsection (1)
  456  to obtain compact privilege in a remote state.
  457  
  458                              ARTICLE V                            
  459              COMPACT PRIVILEGE TO PRACTICE TELEHEALTH             
  460  
  461         Member states shall recognize the right of an audiologist
  462  or speech-language pathologist, licensed by a home state in
  463  accordance with Article III and under rules adopted by the
  464  commission, to practice audiology or speech-language pathology
  465  in any member state through the use of telehealth under
  466  privilege to practice as provided in the compact and rules
  467  adopted by the commission.
  468  
  469                             ARTICLE VI                            
  470           ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES         
  471  
  472         Active duty military personnel or their spouses licensed as
  473  audiologists or speech-language pathologists shall designate a
  474  home state where the individual has a current license in good
  475  standing. The individual may retain the home state designation
  476  during the period the servicemember is on active duty.
  477  Subsequent to designating a home state, the individual may only
  478  change his or her home state through application for licensure
  479  in the new state.
  480  
  481                             ARTICLE VII                           
  482                           ADVERSE ACTION                          
  483  
  484         (1)In addition to the other powers conferred by state law,
  485  a remote state may:
  486         (a)Take adverse action against an audiologist’s or speech
  487  language pathologist’s privilege to practice within that member
  488  state.
  489         1.Only the home state has the power to take adverse action
  490  against an audiologist’s or a speech-language pathologist’s
  491  license issued by the home state.
  492         2.For purposes of taking adverse action, the home state
  493  shall give the same priority and effect to reported conduct
  494  received from a member state as it would if the conduct had
  495  occurred within the home state. In so doing, the home state
  496  shall apply its own state laws to determine appropriate action.
  497         (b)Issue subpoenas for both hearings and investigations
  498  that require the attendance and testimony of witnesses as well
  499  as the production of evidence. Subpoenas issued by a licensing
  500  board in a member state for the attendance and testimony of
  501  witnesses or the production of evidence from another member
  502  state must be enforced in the latter state by any court of
  503  competent jurisdiction according to the practice and procedure
  504  of that court applicable to subpoenas issued in proceedings
  505  pending before it. The issuing authority shall pay any witness
  506  fees, travel expenses, mileage, and other fees required by the
  507  service statutes of the state in which the witnesses or evidence
  508  are located.
  509         (c)Complete any pending investigations of an audiologist
  510  or speech-language pathologist who changes his or her primary
  511  state of residence during the course of the investigations. The
  512  home state also has the authority to take appropriate actions
  513  and shall promptly report the conclusions of the investigations
  514  to the administrator of the data system established under
  515  Article IX. The administrator of the data system shall promptly
  516  notify the new home state of any adverse actions.
  517         (d)If otherwise allowed by state law, recover from the
  518  affected audiologist or speech-language pathologist the costs of
  519  investigations and disposition of cases resulting from any
  520  adverse action taken against that audiologist or speech-
  521  language pathologist.
  522         (e)Take adverse action based on the factual findings of
  523  the remote state, provided that the member state follows the
  524  member state’s own procedures for taking the adverse action.
  525         (2)(a)In addition to the authority granted to a member
  526  state by its respective audiology or speech-language pathology
  527  practice act or other applicable state law, any member state may
  528  participate with other member states in joint investigations of
  529  licensees.
  530         (b)Member states shall share any investigative,
  531  litigation, or compliance materials in furtherance of any joint
  532  or individual investigation initiated under the compact.
  533         (3)If adverse action is taken by the home state against an
  534  audiologist’s or a speech language pathologist’s license, the
  535  audiologist’s or speech-language pathologist’s privilege to
  536  practice in all other member states shall be deactivated until
  537  all encumbrances have been removed from the home state license.
  538  All home state disciplinary orders that impose adverse action
  539  against an audiologist’s or a speech language pathologist’s
  540  license must include a statement that the audiologist’s or
  541  speech-language pathologist’s privilege to practice is
  542  deactivated in all member states during the pendency of the
  543  order.
  544         (4)If a member state takes adverse action, it must
  545  promptly notify the administrator of the data system established
  546  under Article IX. The administrator of the data system shall
  547  promptly notify the home state of any adverse actions by remote
  548  states.
  549         (5)This compact does not override a member state’s
  550  decision that participation in an alternative program may be
  551  used in lieu of adverse action.
  552  
  553                            ARTICLE VIII                           
  554                   ESTABLISHMENT OF THE AUDIOLOGY                  
  555     AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT COMMISSION   
  556  
  557         (1)The member states hereby create and establish a joint
  558  public agency known as the Audiology and Speech-language
  559  Pathology Interstate Compact Commission:
  560         (a)The commission is an instrumentality of the compact
  561  states.
  562         (b)Venue is proper, and judicial proceedings by or against
  563  the commission may be brought solely and exclusively in a court
  564  of competent jurisdiction where the principal office of the
  565  commission is located. The commission may waive venue and
  566  jurisdictional defenses to the extent it adopts or consents to
  567  participate in alternative dispute resolution proceedings.
  568         (c)This compact does not waive sovereign immunity except
  569  to the extent sovereign immunity is waived in the member states.
  570         (2)(a)Each member state shall have two delegates selected
  571  by that member state’s licensing boards. The delegates must be
  572  current members of the licensing boards. One delegate must be an
  573  audiologist and one delegate must be a speech-language
  574  pathologist.
  575         (b)An additional five delegates, who are each either a
  576  public member or board administrator from a licensing board,
  577  must be chosen by the executive committee from a pool of
  578  nominees provided by the commission at large.
  579         (c)A delegate may be removed or suspended from office as
  580  provided by the state law from which the delegate is appointed.
  581         (d)The member state board shall fill any vacancy occurring
  582  on the commission within 90 days.
  583         (e)Each delegate is entitled to one vote with regard to
  584  the adoption of rules and creation of bylaws and shall otherwise
  585  have an opportunity to participate in the business and affairs
  586  of the commission.
  587         (f)A delegate shall vote in person or by other means as
  588  provided in the bylaws. The bylaws may provide for delegates’
  589  participation in meetings by telephone or other means of
  590  communication.
  591         (g)The commission shall meet at least once during each
  592  calendar year. Additional meetings must be held as provided in
  593  the bylaws and rules.
  594         (3)The commission has the following powers and duties:
  595         (a)Establish the commission’s fiscal year.
  596         (b)Establish bylaws.
  597         (c)Establish a code of ethics.
  598         (d)Maintain financial records in accordance with the
  599  bylaws.
  600         (e)Meet and take actions as are consistent with the
  601  compact and the bylaws.
  602         (f)Adopt uniform rules to facilitate and coordinate
  603  implementation and administration of this compact. The rules
  604  have the force and effect of law and are binding on all member
  605  states.
  606         (g)Bring and prosecute legal proceedings or actions in the
  607  name of the commission, provided that the standing of an
  608  audiology licensing board or a speech-language pathology
  609  licensing board to sue or be sued under applicable law is not
  610  affected.
  611         (h)Purchase and maintain insurance and bonds.
  612         (i)Borrow, accept, or contract for services of personnel,
  613  including, but not limited to, employees of a member state.
  614         (j)Hire employees, elect or appoint officers, fix
  615  compensation, define duties, grant individuals appropriate
  616  authority to carry out the purposes of the compact, and
  617  establish the commission’s personnel policies and programs
  618  relating to conflicts of interest, qualifications of personnel,
  619  and other related personnel matters.
  620         (k)Accept any and all appropriate donations and grants of
  621  money, equipment, supplies, and materials and services, and
  622  receive, utilize, and dispose of the same, provided that at all
  623  times the commission must avoid any appearance of impropriety or
  624  conflict of interest.
  625         (l)Lease, purchase, accept appropriate gifts or donations
  626  of, or otherwise own, hold, improve, or use any property, real,
  627  personal, or mixed, provided that at all times the commission
  628  avoids any appearance of impropriety.
  629         (m)Sell, convey, mortgage, pledge, lease, exchange,
  630  abandon, or otherwise dispose of any property, real, personal,
  631  or mixed.
  632         (n)Establish a budget and make expenditures.
  633         (o)Borrow money.
  634         (p)Appoint committees, including standing committees
  635  composed of members and other interested persons as may be
  636  designated in this compact and the bylaws.
  637         (q)Provide and receive information from, and cooperate
  638  with, law enforcement agencies.
  639         (r)Establish and elect an executive committee.
  640         (s)Perform other functions as may be necessary or
  641  appropriate to achieve the purposes of this compact consistent
  642  with the state regulation of audiology and speech-language
  643  pathology licensure and practice.
  644         (4)The executive committee shall have the power to act on
  645  behalf of the commission according to the terms of the compact.
  646         (a)The executive committee must be composed of 10 members
  647  as follows:
  648         1.Seven voting members who are elected by the commission
  649  from the current membership of the commission.
  650         2.Two ex-officio members, consisting of one nonvoting
  651  member from a recognized national audiology professional
  652  association and one nonvoting member from a recognized national
  653  speech-language pathology association.
  654         3.One ex-officio member, a nonvoting member from the
  655  recognized membership organization of an audiology licensing
  656  board or a speech-language pathology licensing board.
  657         (b)The ex-officio members must be selected by their
  658  respective organizations.
  659         (c)The commission may remove any member of the executive
  660  committee as provided in the bylaws.
  661         (d)The executive committee shall meet at least annually.
  662         (e)The executive committee has the following duties and
  663  responsibilities:
  664         1.Recommend to the commission changes to the rules or
  665  bylaws and changes to this compact legislation.
  666         2.Ensure compact administration services are appropriately
  667  provided, contractual or otherwise.
  668         3.Prepare and recommend the budget.
  669         4.Maintain financial records on behalf of the commission.
  670         5.Monitor compact compliance of member states and provide
  671  compliance reports to the commission.
  672         6.Establish additional committees as necessary.
  673         7.Other duties as provided by rule or bylaw.
  674         (f)All commission meetings must be open to the public, and
  675  public notice of meetings must be given in the same manner as
  676  required under the rulemaking provisions in Article X.
  677         (g)If a meeting or any portion of a meeting is closed
  678  under this subsection, the commission’s legal counsel or
  679  designee must certify that the meeting may be closed and must
  680  reference each relevant exempting provision.
  681         (h)The commission shall keep minutes that fully and
  682  clearly describe all matters discussed in a meeting and shall
  683  provide a full and accurate summary of actions taken, and the
  684  reasons therefore, including a description of the views
  685  expressed. All documents considered in connection with an action
  686  must be identified in the minutes. All minutes and documents of
  687  a closed meeting must remain under seal, subject to release by a
  688  majority vote of the commission or order of a court of competent
  689  jurisdiction.
  690         (5)Relating to the financing of the commission, the
  691  commission:
  692         (a)Shall pay, or provide for the payment of, the
  693  reasonable expenses of its establishment, organization, and
  694  ongoing activities.
  695         (b)May accept any and all appropriate revenue sources,
  696  donations, and grants of money, equipment, supplies, materials,
  697  and services.
  698         (c)May not incur obligations of any kind before securing
  699  the funds adequate to meet the same and may not pledge the
  700  credit of any of the member states, except by and with the
  701  authority of the member state.
  702         (d)Shall keep accurate accounts of all receipts and
  703  disbursements of funds. The receipts and disbursements of funds
  704  of the commission are subject to the audit and accounting
  705  procedures established under its bylaws. However, all receipts
  706  and disbursements of funds handled by the commission must be
  707  audited yearly by a certified or licensed public accountant, and
  708  the report of the audit must be included in and become part of
  709  the annual report of the commission.
  710         (6)Relating to qualified immunity, defense, and
  711  indemnification:
  712         (a)The members, officers, executive director, employees,
  713  and representatives of the commission are immune from suit and
  714  liability, either personally or in their official capacity, for
  715  any claim for damage to or loss of property or personal injury
  716  or other civil liability caused by or arising out of any actual
  717  or alleged act, error, or omission that occurred, or that the
  718  person against whom the claim is made had a reasonable basis for
  719  believing occurred within the scope of commission employment,
  720  duties, or responsibilities; provided that this paragraph may
  721  not be construed to protect any person from suit or liability
  722  for any damage, loss, injury, or liability caused by the
  723  intentional or willful or wanton misconduct of that person.
  724         (b)The commission shall defend any member, officer,
  725  executive director, employee, or representative of the
  726  commission in any civil action seeking to impose liability
  727  arising out of any actual or alleged act, error, or omission
  728  that occurred within the scope of commission employment, duties,
  729  or responsibilities, or that the person against whom the claim
  730  is made had a reasonable basis for believing occurred within the
  731  scope of commission employment, duties, or responsibilities;
  732  provided that this paragraph may not be construed to prohibit
  733  that person from retaining his or her own counsel; and provided
  734  further that the actual or alleged act, error, or omission did
  735  not result from that person’s intentional or willful or wanton
  736  misconduct.
  737         (c)The commission shall indemnify and hold harmless any
  738  member, officer, executive director, employee, or representative
  739  of the commission for the amount of any settlement or judgment
  740  obtained against that person arising out of any actual or
  741  alleged act, error, or omission that occurred within the scope
  742  of commission employment, duties, or responsibilities, or that
  743  the person had a reasonable basis for believing occurred within
  744  the scope of commission employment, duties, or responsibilities,
  745  provided that the actual or alleged act, error, or omission did
  746  not result from the intentional or willful or wanton misconduct
  747  of that person.
  748  
  749                             ARTICLE IX                            
  750                             DATA SYSTEM                           
  751  
  752         (1)The commission shall provide for the development,
  753  maintenance, and utilization of a coordinated database and
  754  reporting system containing licensure, adverse action, and
  755  investigative information on all licensed individuals in member
  756  states.
  757         (2)Notwithstanding any other law to the contrary, a member
  758  state shall submit a uniform data set to the data system on all
  759  individuals to whom this compact is applicable as required by
  760  the rules of the commission, including all of the following
  761  information:
  762         (a)Identifying information.
  763         (b)Licensure data.
  764         (c)Adverse actions against a license or compact privilege.
  765         (d)Nonconfidential information related to alternative
  766  program participation.
  767         (e)Any denial of application for licensure, and the reason
  768  for such denial.
  769         (f)Other information that may facilitate the
  770  administration of this compact, as determined by the rules of
  771  the commission.
  772         (3)Investigative information pertaining to a licensee in a
  773  member state must be available only to other member states.
  774         (4)The commission shall promptly notify all member states
  775  of any adverse action taken against a licensee or an individual
  776  applying for a license. Adverse action information pertaining to
  777  a licensee or an individual applying for a license in any member
  778  state must be available to any other member state.
  779         (5)Member states contributing information to the data
  780  system may designate information that may not be shared with the
  781  public without the express permission of the contributing state.
  782         (6)Any information submitted to the data system which is
  783  subsequently required to be expunged by the laws of the member
  784  state contributing the information must be removed from the data
  785  system.
  786  
  787                              ARTICLE X                            
  788                             RULEMAKING                            
  789  
  790         (1)The commission shall exercise its rulemaking powers
  791  pursuant to the criteria provided in this article and the rules
  792  adopted thereunder. Rules and amendments shall become binding as
  793  of the date specified in each rule or amendment.
  794         (2)If a majority of the legislatures of the member states
  795  rejects a rule, by enactment of a statute or resolution in the
  796  same manner used to adopt the compact within 4 years after the
  797  date of adoption of the rule, the rule has no further force and
  798  effect in any member state.
  799         (3)Rules or amendments to the rules must be adopted at a
  800  regular or special meeting of the commission.
  801         (4)Before adoption of a final rule or rules by the
  802  commission, and at least 30 days before the meeting at which the
  803  rule shall be considered and voted upon, the commission shall
  804  file a notice of proposed rulemaking:
  805         (a)On the website of the commission or other publicly
  806  accessible platform; and
  807         (b)On the website of each member state audiology licensing
  808  board and speech-language pathology licensing board or other
  809  publicly accessible platform or the publication where each state
  810  would otherwise publish proposed rules.
  811         (5)The notice of proposed rulemaking must include all of
  812  the following:
  813         (a)The proposed time, date, and location of the meeting in
  814  which the rule will be considered and voted upon.
  815         (b)The text of and reason for the proposed rule or
  816  amendment.
  817         (c)A request for comments on the proposed rule from any
  818  interested person.
  819         (d)The manner in which interested persons may submit
  820  notice to the commission of their intention to attend the public
  821  hearing and any written comments.
  822         (6)Before the adoption of a proposed rule, the commission
  823  shall allow persons to submit written data, facts, opinions, and
  824  arguments, which shall be made available to the public.
  825         (a)The commission shall grant an opportunity for a public
  826  hearing before it adopts a rule or amendment if a hearing is
  827  requested by:
  828         1.At least 25 persons;
  829         2.A state or federal governmental subdivision or agency;
  830  or
  831         3.An association having at least 25 members.
  832         (b)If a hearing is held on the proposed rule or amendment,
  833  the commission must publish the place, time, and date of the
  834  scheduled public hearing. If the hearing is held via electronic
  835  means, the commission must publish the mechanism for access to
  836  the electronic hearing.
  837         (c)All persons wishing to be heard at the hearing shall
  838  notify the executive director of the commission or other
  839  designated member in writing of their desire to appear and
  840  testify at the hearing not less than 5 business days before the
  841  scheduled date of the hearing.
  842         (d)Hearings must be conducted in a manner providing each
  843  person who wishes to comment a fair and reasonable opportunity
  844  to comment orally or in writing.
  845         (e)All hearings must be recorded. A copy of the recording
  846  must be made available on request.
  847         (7)This article does not require a separate hearing on
  848  each rule. Rules may be grouped for the convenience of the
  849  commission at hearings required by this article.
  850         (8)Following the scheduled hearing date, or by the close
  851  of business on the scheduled hearing date if the hearing was not
  852  held, the commission shall consider all written and oral
  853  comments received.
  854         (9)If no written notice of intent to attend the public
  855  hearing by interested parties is received, the commission may
  856  proceed with adoption of the proposed rule without a public
  857  hearing.
  858         (10)The commission shall, by majority vote of all members,
  859  take final action on the proposed rule and shall determine the
  860  effective date of the rule, if any, based on the rulemaking
  861  record and the full text of the rule.
  862         (11)Upon determination that an emergency exists, the
  863  commission may consider and adopt an emergency rule without
  864  prior notice, opportunity for comment, or hearing, provided that
  865  the usual rulemaking procedures provided in the compact and in
  866  this article retroactively apply to the rule as soon as
  867  reasonably possible, but in no event later than 90 days after
  868  the effective date of the rule. For purposes of this subsection,
  869  an emergency rule is one that must be adopted immediately in
  870  order to:
  871         (a)Meet an imminent threat to public health, safety, or
  872  welfare;
  873         (b)Prevent a loss of commission or member state funds; or
  874         (c)Meet a deadline for the promulgation of an
  875  administrative rule that is established by federal law or rule.
  876         (12)The commission or an authorized committee of the
  877  commission may direct revisions to a previously adopted rule or
  878  amendment for purposes of correcting typographical errors,
  879  errors in format, errors in consistency, or grammatical errors.
  880  Public notice of any revisions must be posted on the website of
  881  the commission. The revisions are subject to challenge by any
  882  person for a period of 30 days after posting. A revision may be
  883  challenged only on grounds that the revision results in a
  884  material change to a rule. A challenge must be made in writing
  885  and delivered to the chair of the commission before the end of
  886  the notice period. If no challenge is made, the revision takes
  887  effect without further action. If the revision is challenged,
  888  the revision may not take effect without the approval of the
  889  commission.
  890  
  891                             ARTICLE XI                            
  892                         DISPUTE RESOLUTION                        
  893                           AND ENFORCEMENT                         
  894  
  895         (1)(a)Upon request by a member state, the commission shall
  896  attempt to resolve disputes related to the compact that arise
  897  among member states and between member and nonmember states.
  898         (b)The commission shall adopt a rule providing for both
  899  mediation and binding dispute resolution for disputes as
  900  appropriate.
  901         (2)(a)The commission, in the reasonable exercise of its
  902  discretion, shall enforce this compact.
  903         (b)By majority vote, the commission may initiate legal
  904  action in the United States District Court for the District of
  905  Columbia or the federal district where the commission has its
  906  principal offices against a member state in default to enforce
  907  compliance with the compact and its adopted rules and bylaws.
  908  The relief sought may include both injunctive relief and
  909  damages. In the event judicial enforcement is necessary, the
  910  prevailing member must be awarded all costs of litigation,
  911  including reasonable attorney fees.
  912         (c)The remedies provided in this subsection are not the
  913  exclusive remedies of the commission. The commission may pursue
  914  any other remedies available under federal or state law.
  915  
  916                             ARTICLE XII                           
  917              EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT            
  918  
  919         (1)The compact becomes effective and binding on the date
  920  of legislative enactment of this compact by no fewer than 10
  921  member states. The provisions, which become effective at that
  922  time, shall be limited to the powers granted to the commission
  923  relating to assembly and the adoption of rules. Thereafter, the
  924  commission shall meet and exercise rulemaking powers as
  925  necessary to implement and administer the compact.
  926         (2)Any state that joins the compact subsequent to the
  927  commission’s initial adoption of the rules is subject to the
  928  rules as they exist on the date on which the compact becomes law
  929  in that state. Any rule that has been previously adopted by the
  930  commission has the full force and effect of law on the day the
  931  compact becomes law in that state.
  932         (3)A member state may withdraw from this compact by
  933  enacting a statute repealing the compact.
  934         (a)A member state’s withdrawal does not take effect until
  935  6 months after enactment of the repealing statute.
  936         (b)Withdrawal does not affect the continuing requirement
  937  of the withdrawing state’s audiology licensing board or speech
  938  language pathology licensing board to comply with the
  939  investigative and adverse action reporting requirements of the
  940  compact before the effective date of withdrawal.
  941         (4)This compact does not invalidate or prevent any
  942  audiology or speech-language pathology licensure agreement or
  943  other cooperative arrangement between a member state and a
  944  nonmember state which does not conflict with the provisions of
  945  this compact.
  946         (5)This compact may be amended by the member states. An
  947  amendment to this compact does not become effective and binding
  948  upon any member state until it is enacted into the laws of all
  949  member states.
  950  
  951                            ARTICLE XIII                           
  952                    CONSTRUCTION AND SEVERABILITY                  
  953  
  954         This compact must be liberally construed so as to
  955  effectuate its purposes. The provisions of this compact are
  956  severable and if any phrase, clause, sentence, or provision of
  957  this compact is declared to be contrary to the constitution of
  958  any member state or of the United States or the applicability
  959  thereof to any government, agency, person, or circumstance is
  960  held invalid, the validity of the remainder of this compact and
  961  the applicability thereof to any government, agency, person, or
  962  circumstance is not affected. If this compact is held contrary
  963  to the constitution of any member state, it remains in full
  964  force and effect as to the remaining member states and in full
  965  force and effect as to the member state affected as to all
  966  severable matters.
  967  
  968                             ARTICLE XIV                           
  969              BINDING EFFECT OF COMPACT AND OTHER LAWS             
  970  
  971         (1)This compact does not prevent the enforcement of any
  972  other law of a member state which is not inconsistent with the
  973  compact.
  974         (2)All laws of a member state in conflict with the compact
  975  are superseded to the extent of the conflict.
  976         (3)All lawful actions of the commission, including all
  977  rules and bylaws adopted by the commission, are binding upon the
  978  member states.
  979         (4)All agreements between the commission and the member
  980  states are binding in accordance with their terms.
  981         (5)In the event any provision of the compact exceeds the
  982  constitutional limits imposed on the legislature of any member
  983  state, the provision is ineffective to the extent of the
  984  conflict with the constitutional provision in question in that
  985  member state.
  986         Section 2. This act shall take effect July 1, 2024.