Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SPB 7016
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  12/12/2023           .                                

       The Committee on Health Policy (Harrell) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 3154 and 3155
    4  insert:
    5         Section 52. Section 468.1335, Florida Statutes, is created
    6  to read:
    7         468.1335Audiology and Speech-Language Pathology Interstate
    8  Compact.—The Audiology and Speech-Language Pathology Interstate
    9  Compact is hereby enacted into law and entered into by this
   10  state with all other states legally joining therein in the form
   11  substantially as follows:
   13                              ARTICLE I                            
   14                               PURPOSE                             
   16         (1)The purpose of the compact is to facilitate the
   17  interstate practice of audiology and speech-language pathology
   18  with the goal of improving public access to audiology and
   19  speech-language pathology services.
   20         (2)The practice of audiology and speech-language pathology
   21  occurs in the state where the patient, client, or student is
   22  located at the time the services are provided.
   23         (3)The compact preserves the regulatory authority of
   24  states to protect the public health and safety through the
   25  current system of state licensure.
   26         (4)The compact is designed to achieve all of the following
   27  objectives:
   28         (a)Increase public access to audiology and speech-language
   29  pathology services by providing for the mutual recognition of
   30  other member state licenses.
   31         (b)Enhance the states’ abilities to protect public health
   32  and safety.
   33         (c)Encourage the cooperation of member states in
   34  regulating multistate audiology and speech-language pathology
   35  practices.
   36         (d)Support spouses of relocating active duty military
   37  personnel.
   38         (e)Enhance the exchange of licensure, investigative, and
   39  disciplinary information between member states.
   40         (f)Allow a remote state to hold a licensee with compact
   41  privilege in that state accountable to that state’s practice
   42  standards.
   43         (g)Allow for the use of telehealth technology to
   44  facilitate increased access to audiology and speech-language
   45  pathology services.
   47                             ARTICLE II                            
   48                             DEFINITIONS                           
   50         (1)As used in this section, the term:
   51         (2)“Active duty military” means full-time duty status in
   52  the active uniformed service of the United States, including
   53  members of the National Guard and Reserve on active duty orders
   54  pursuant to 10 U.S.C. chapters 1209 and 1211.
   55         (3)“Adverse action” means any administrative, civil,
   56  equitable, or criminal action permitted by a state’s laws which
   57  is imposed by a licensing board against a licensee, including
   58  actions against an individual’s license or privilege to
   59  practice, such as revocation, suspension, probation, monitoring
   60  of the licensee, or restriction on the licensee’s practice.
   61         (4)“Alternative program” means a nondisciplinary
   62  monitoring process approved by an audiology licensing board or a
   63  speech-language pathology licensing board to address impaired
   64  licensees.
   65         (5)“Audiologist” means an individual who is licensed by a
   66  state to practice audiology.
   67         (6)“Audiology” means the care and services provided by a
   68  licensed audiologist as provided in the member state’s rules and
   69  regulations.
   70         (7)“Audiology and Speech-Language Pathology Interstate
   71  Compact Commission” or “commission” means the national
   72  administrative body whose membership consists of all states that
   73  have enacted the compact.
   74         (8)“Audiology licensing board” means the agency of a state
   75  which is responsible for the licensing and regulation of
   76  audiologists.
   77         (9)“Compact privilege” means the authorization granted by
   78  a remote state to allow a licensee from another member state to
   79  practice as an audiologist or speech-language pathologist in the
   80  remote state under its rules and regulations. The practice of
   81  audiology or speech-language pathology occurs in the member
   82  state where the patient, client, or student is located at the
   83  time the services are provided.
   84         (10)“Current significant investigative information,”
   85  “investigative materials,” “investigative records,” or
   86  “investigative reports” means information that a licensing
   87  board, after an inquiry or investigation that includes
   88  notification and an opportunity for the audiologist or speech
   89  language pathologist to respond, if required by state law, has
   90  reason to believe is not groundless and, if proved true, would
   91  indicate more than a minor infraction.
   92         (11)“Data system” means a repository of information
   93  relating to licensees, including, but not limited to, continuing
   94  education, examination, licensure, investigative, compact
   95  privilege, and adverse action information.
   96         (12)“Encumbered license” means a license in which an
   97  adverse action restricts the practice of audiology or speech
   98  language pathology by the licensee and the adverse action has
   99  been reported to the National Practitioner Data Bank.
  100         (13)“Executive committee” means a group of directors
  101  elected or appointed to act on behalf of, and within the powers
  102  granted to them by, the commission.
  103         (14)“Home state” means the member state that is the
  104  licensee’s primary state of residence.
  105         (15)“Impaired licensee” means a licensee whose
  106  professional practice is adversely affected by substance abuse,
  107  addiction, or other health-related conditions.
  108         (16)“Licensee” means a person who is licensed by his or
  109  her home state to practice as an audiologist or speech-language
  110  pathologist.
  111         (17)“Licensing board” means the agency of a state which is
  112  responsible for the licensing and regulation of audiologists or
  113  speech-language pathologists.
  114         (18)“Member state” means a state that has enacted the
  115  compact.
  116         (19)“Privilege to practice” means the legal authorization
  117  to practice audiology or speech-language pathology in a remote
  118  state.
  119         (20)“Remote state” means a member state, other than the
  120  home state, where a licensee is exercising or seeking to
  121  exercise his or her compact privilege.
  122         (21)“Rule” means a regulation, principle, or directive
  123  adopted by the commission which has the force of law.
  124         (22)“Single-state license” means an audiology or speech
  125  language pathology license issued by a member state which
  126  authorizes practice only within the issuing state and does not
  127  include a privilege to practice in any other member state.
  128         (23)“Speech-language pathologist” means an individual who
  129  is licensed to practice speech-language pathology.
  130         (24)“Speech-language pathology” means the care and
  131  services provided by a licensed speech-language pathologist as
  132  provided in the member state’s rules and regulations.
  133         (25)“Speech-language pathology licensing board” means the
  134  agency of a state which is responsible for the licensing and
  135  regulation of speech-language pathologists.
  136         (26)“State” means any state, commonwealth, district, or
  137  territory of the United States of America which regulates the
  138  practice of audiology and speech-language pathology.
  139         (27)“State practice laws” means a member state’s laws,
  140  rules, and regulations that govern the practice of audiology or
  141  speech-language pathology, define the scope of audiology or
  142  speech-language pathology practice, and create the methods and
  143  grounds for imposing discipline.
  144         (28)“Telehealth” means the application of
  145  telecommunication technology to deliver audiology or speech
  146  language pathology services at a distance for assessment,
  147  intervention, or consultation.
  149                             ARTICLE III                           
  150                         STATE PARTICIPATION                       
  152         (1)A license issued to an audiologist or speech-language
  153  pathologist by a home state to a resident in that state must be
  154  recognized by each member state as authorizing an audiologist or
  155  speech-language pathologist to practice audiology or speech
  156  language pathology, under a privilege to practice, in each
  157  member state.
  158         (2)A state must implement procedures for considering the
  159  criminal history records of applicants for initial privilege to
  160  practice. These procedures must include the submission of
  161  fingerprints or other biometric-based information by applicants
  162  for the purpose of obtaining an applicant’s criminal history
  163  records from the Federal Bureau of Investigation and the agency
  164  responsible for retaining that state’s criminal history records.
  165         (a)A member state must fully implement a criminal history
  166  records check procedure, within a timeframe established by rule,
  167  which requires the member state to receive an applicant’s
  168  criminal history records from the Federal Bureau of
  169  Investigation and the agency responsible for retaining the
  170  member state’s criminal history records and use such records in
  171  making licensure decisions.
  172         (b)Communication between a member state, the commission,
  173  and other member states regarding the verification of
  174  eligibility for licensure through the compact may not include
  175  any information received from the Federal Bureau of
  176  Investigation relating to a criminal history records check
  177  performed by a member state under Pub. L. No. 92-544.
  178         (3)Upon application for a privilege to practice, the
  179  licensing board in the issuing remote state must determine,
  180  through the data system, whether the applicant has ever held, or
  181  is the holder of, a license issued by any other state, whether
  182  there are any encumbrances on any license or privilege to
  183  practice held by the applicant, and whether any adverse action
  184  has been taken against any license or privilege to practice held
  185  by the applicant.
  186         (4)Each member state must require an applicant to obtain
  187  or retain a license in his or her home state and meet the home
  188  state’s qualifications for licensure or renewal of licensure and
  189  all other applicable state laws.
  190         (5)Each member state must require that an applicant meet
  191  all of the following criteria to receive the privilege to
  192  practice as an audiologist in the member state:
  193         (a)One of the following educational requirements:
  194         1.On or before December 31, 2007, has graduated with a
  195  master’s degree or doctoral degree in audiology, or an
  196  equivalent degree, regardless of the name of such degree, from a
  197  program that is accredited by an accrediting agency recognized
  198  by the Council for Higher Education Accreditation, or its
  199  successor, or by the United States Department of Education and
  200  operated by a college or university accredited by a regional or
  201  national accrediting organization recognized by the board;
  202         2.On or after January 1, 2008, has graduated with a
  203  doctoral degree in audiology, or an equivalent degree,
  204  regardless of the name of such degree, from a program that is
  205  accredited by an accrediting agency recognized by the Council
  206  for Higher Education Accreditation, or its successor, or by the
  207  United States Department of Education and operated by a college
  208  or university accredited by a regional or national accrediting
  209  organization recognized by the board; or
  210         3.Has graduated from an audiology program that is housed
  211  in an institution of higher education outside of the United
  212  States for which the degree program and institution have been
  213  approved by the authorized accrediting body in the applicable
  214  country and the degree program has been verified by an
  215  independent credentials review agency to be comparable to a
  216  state licensing board-approved program.
  217         (b)Has completed a supervised clinical practicum
  218  experience from an accredited educational institution or its
  219  cooperating programs as required by the commission.
  220         (c)Has successfully passed a national examination approved
  221  by the commission.
  222         (d)Holds an active, unencumbered license.
  223         (e)Has not been convicted or found guilty of, or entered a
  224  plea of guilty or nolo contendere to, regardless of
  225  adjudication, a felony in any jurisdiction which directly
  226  relates to the practice of his or her profession or the ability
  227  to practice his or her profession.
  228         (f)Has a valid United States social security number or a
  229  national provider identifier.
  230         (6)Each member state must require that an applicant meet
  231  all of the following criteria to receive the privilege to
  232  practice as a speech-language pathologist in the member state:
  233         (a)One of the following educational requirements:
  234         1.Has graduated with a master’s degree from a speech
  235  language pathology program that is accredited by an organization
  236  recognized by the United States Department of Education and
  237  operated by a college or university accredited by a regional or
  238  national accrediting organization recognized by the board; or
  239         2.Has graduated from a speech-language pathology program
  240  that is housed in an institution of higher education outside of
  241  the United States for which the degree program and institution
  242  have been approved by the authorized accrediting body in the
  243  applicable country and the degree program has been verified by
  244  an independent credentials review agency to be comparable to a
  245  state licensing board-approved program.
  246         (b)Has completed a supervised clinical practicum
  247  experience from an educational institution or its cooperating
  248  programs as required by the commission.
  249         (c)Has completed a supervised postgraduate professional
  250  experience as required by the commission.
  251         (d)Has successfully passed a national examination approved
  252  by the commission.
  253         (e)Holds an active, unencumbered license.
  254         (f)Has not been convicted or found guilty of, or entered a
  255  plea of guilty or nolo contendere to, regardless of
  256  adjudication, a felony in any jurisdiction which directly
  257  relates to the practice of his or her profession or the ability
  258  to practice his or her profession.
  259         (g)Has a valid United States social security number or
  260  national provider identifier.
  261         (7)The privilege to practice is derived from the home
  262  state license.
  263         (8)An audiologist or speech-language pathologist
  264  practicing in a member state must comply with the state practice
  265  laws of the member state where the client is located at the time
  266  service is provided. The practice of audiology and speech
  267  language pathology includes all audiology and speech-language
  268  pathology practices as defined by the state practice laws of the
  269  member state where the client is located. The practice of
  270  audiology and speech-language pathology in a member state under
  271  a privilege to practice subjects an audiologist or speech
  272  language pathologist to the jurisdiction of the licensing
  273  boards, courts, and laws of the member state where the client is
  274  located at the time service is provided.
  275         (9)Individuals not residing in a member state shall
  276  continue to be able to apply for a member state’s single-state
  277  license as provided under the laws of each member state.
  278  However, the single-state license granted to these individuals
  279  may not be recognized as granting the privilege to practice
  280  audiology or speech-language pathology in any other member
  281  state. The compact does not affect the requirements established
  282  by a member state for the issuance of a single-state license.
  283         (10)Member states must comply with the bylaws and rules of
  284  the commission.
  286                             ARTICLE IV                            
  287                          COMPACT PRIVILEGE                        
  289         (1)To exercise compact privilege under the compact, the
  290  audiologist or speech-language pathologist must meet all of the
  291  following criteria:
  292         (a)Hold an active license in the home state.
  293         (b)Have no encumbrance on any state license.
  294         (c)Be eligible for compact privilege in any member state
  295  in accordance with Article III.
  296         (d)Not have any adverse action against any license or
  297  compact privilege within the 2 years preceding the date of
  298  application.
  299         (e)Notify the commission that he or she is seeking compact
  300  privilege within a remote state or states.
  301         (f)Report to the commission any adverse action taken by
  302  any nonmember state within 30 days after the date the adverse
  303  action is taken.
  304         (2)For the purposes of compact privilege, an audiologist
  305  or speech-language pathologist may hold only one home state
  306  license at a time.
  307         (3)Except as provided in Article VI, if an audiologist or
  308  speech-language pathologist changes his or her primary state of
  309  residence by moving between two member states, the audiologist
  310  or speech-language pathologist must apply for licensure in the
  311  new home state, and the license issued by the prior home state
  312  shall be deactivated in accordance with applicable rules adopted
  313  by the commission.
  314         (4)The audiologist or speech-language pathologist may
  315  apply for licensure in advance of a change in his or her primary
  316  state of residence.
  317         (5)A license may not be issued by the new home state until
  318  the audiologist or speech-language pathologist provides
  319  satisfactory evidence of a change in his or her primary state of
  320  residence to the new home state and satisfies all applicable
  321  requirements to obtain a license from the new home state.
  322         (6)If an audiologist or speech-language pathologist
  323  changes his or her primary state of residence by moving from a
  324  member state to a nonmember state, the license issued by the
  325  prior home state shall convert to a single-state license, valid
  326  only in the former home state.
  327         (7)Compact privilege is valid until the expiration date of
  328  the home state license. The licensee must comply with the
  329  requirements of subsection (1) to maintain compact privilege in
  330  the remote state.
  331         (8)A licensee providing audiology or speech-language
  332  pathology services in a remote state under compact privilege
  333  shall function within the laws and regulations of the remote
  334  state.
  335         (9)A remote state may, in accordance with due process and
  336  state law, remove a licensee’s compact privilege in the remote
  337  state for a specific period of time, impose fines, or take any
  338  other necessary actions to protect the health and safety of its
  339  residents.
  340         (10)If a home state license is encumbered, the licensee
  341  shall lose compact privilege in all remote states until both of
  342  the following occur:
  343         (a)The home state license is no longer encumbered.
  344         (b)Two years have lapsed from the date of the adverse
  345  action.
  346         (11)Once an encumbered license in the home state is
  347  restored to good standing, the licensee must meet the
  348  requirements of subsection (1) to obtain compact privilege in
  349  any remote state.
  350         (12)Once the requirements of subsection (10) have been
  351  met, the licensee must meet the requirements in subsection (1)
  352  to obtain compact privilege in a remote state.
  354                              ARTICLE V                            
  355              COMPACT PRIVILEGE TO PRACTICE TELEHEALTH             
  357         Member states shall recognize the right of an audiologist
  358  or speech-language pathologist, licensed by a home state in
  359  accordance with Article III and under rules adopted by the
  360  commission, to practice audiology or speech-language pathology
  361  in any member state through the use of telehealth under
  362  privilege to practice as provided in the compact and rules
  363  adopted by the commission.
  365                             ARTICLE VI                            
  368         Active duty military personnel, or their spouses, as
  369  applicable, shall designate a home state where the individual
  370  has a current license in good standing. The individual may
  371  retain the home state designation during the period the
  372  servicemember is on active duty. Subsequent to designating a
  373  home state, the individual shall change his or her home state
  374  only through application for licensure in the new state.
  376                             ARTICLE VII                           
  377                           ADVERSE ACTIONS                         
  379         (1)In addition to the other powers conferred by state law,
  380  a remote state may:
  381         (a)Take adverse action against an audiologist’s or speech
  382  language pathologist’s privilege to practice within that member
  383  state.
  384         1.Only the home state has the power to take adverse action
  385  against an audiologist’s or a speech-language pathologist’s
  386  license issued by the home state.
  387         2.For purposes of taking adverse action, the home state
  388  shall give the same priority and effect to reported conduct
  389  received from a member state as it would if the conduct had
  390  occurred within the home state. In so doing, the home state
  391  shall apply its own state laws to determine appropriate action.
  392         (b)Issue subpoenas for both hearings and investigations
  393  that require the attendance and testimony of witnesses as well
  394  as the production of evidence. Subpoenas issued by a licensing
  395  board in a member state for the attendance and testimony of
  396  witnesses or the production of evidence from another member
  397  state must be enforced in the latter state by any court of
  398  competent jurisdiction according to the practice and procedure
  399  of that court applicable to subpoenas issued in proceedings
  400  pending before it. The issuing authority shall pay any witness
  401  fees, travel expenses, mileage, and other fees required by the
  402  service statutes of the state in which the witnesses or evidence
  403  are located.
  404         (c)Complete any pending investigations of an audiologist
  405  or speech-language pathologist who changes his or her primary
  406  state of residence during the course of the investigations. The
  407  home state also has the authority to take appropriate actions
  408  and shall promptly report the conclusions of the investigations
  409  to the administrator of the data system. The administrator of
  410  the data system shall promptly notify the new home state of any
  411  adverse actions.
  412         (d)If otherwise allowed by state law, recover from the
  413  affected audiologist or speech-language pathologist the costs of
  414  investigations and disposition of cases resulting from any
  415  adverse action taken against that audiologist or speech-language
  416  pathologist.
  417         (e)Take adverse action based on the factual findings of
  418  the remote state, provided that the member state follows the
  419  member state’s own procedures for taking the adverse action.
  420         (2)(a)In addition to the authority granted to a member
  421  state by its respective audiology or speech-language pathology
  422  practice act or other applicable state law, any member state may
  423  participate with other member states in joint investigations of
  424  licensees.
  425         (b)Member states shall share any investigative,
  426  litigation, or compliance materials in furtherance of any joint
  427  or individual investigation initiated under the compact.
  428         (3)If adverse action is taken by the home state against an
  429  audiologist’s or a speech language pathologist’s license, the
  430  audiologist’s or speech-language pathologist’s privilege to
  431  practice in all other member states shall be deactivated until
  432  all encumbrances have been removed from the home state license.
  433  All home state disciplinary orders that impose adverse action
  434  against an audiologist’s or a speech language pathologist’s
  435  license must include a statement that the audiologist’s or
  436  speech-language pathologist’s privilege to practice is
  437  deactivated in all member states during the pendency of the
  438  order.
  439         (4)If a member state takes adverse action, it must
  440  promptly notify the administrator of the data system. The
  441  administrator of the data system shall promptly notify the home
  442  state of any adverse actions by remote states.
  443         (5)The compact does not override a member state’s decision
  444  that participation in an alternative program may be used in lieu
  445  of adverse action.
  447                            ARTICLE VIII                           
  448                   ESTABLISHMENT OF THE AUDIOLOGY                  
  451         (1)The member states hereby create and establish a joint
  452  public agency known as the Audiology and Speech-language
  453  Pathology Interstate Compact Commission.
  454         (a)The commission is an instrumentality of the compact
  455  states.
  456         (b)Venue is proper, and judicial proceedings by or against
  457  the commission must be brought solely and exclusively in a court
  458  of competent jurisdiction where the principal office of the
  459  commission is located. The commission may waive venue and
  460  jurisdictional defenses to the extent it adopts or consents to
  461  participate in alternative dispute resolution proceedings.
  462         (c)The compact does not waive sovereign immunity except to
  463  the extent sovereign immunity is waived in the member states.
  464         (2)(a)Each member state must have two delegates selected
  465  by that member state’s licensing boards. The delegates must be
  466  current members of the licensing boards. One delegate must be an
  467  audiologist and one delegate must be a speech-language
  468  pathologist.
  469         (b)An additional five delegates, who are either public
  470  members or board administrators from licensing boards, must be
  471  chosen by the executive committee from a pool of nominees
  472  provided by the commission at large.
  473         (c)A delegate may be removed or suspended from office as
  474  provided by the state law from which the delegate is appointed.
  475         (d)The member state board shall fill any vacancy occurring
  476  on the commission within 90 days after the vacancy occurs.
  477         (e)Each delegate is entitled to one vote with regard to
  478  the adoption of rules and creation of bylaws and shall otherwise
  479  have an opportunity to participate in the business and affairs
  480  of the commission.
  481         (f)A delegate shall vote in person or by other means as
  482  provided in the bylaws. The bylaws may provide for delegates’
  483  participation in meetings by telephone or other means of
  484  communication.
  485         (g)The commission shall meet at least once during each
  486  calendar year. Additional meetings must be held as provided in
  487  the bylaws and rules.
  488         (3)The commission has the following powers and duties:
  489         (a)Establish the commission’s fiscal year.
  490         (b)Establish bylaws.
  491         (c)Establish a code of ethics.
  492         (d)Maintain its financial records in accordance with the
  493  bylaws.
  494         (e)Meet and take actions as are consistent with the
  495  compact and the bylaws.
  496         (f)Adopt uniform rules to facilitate and coordinate
  497  implementation and administration of the compact. The rules have
  498  the force and effect of law and are binding on all member
  499  states.
  500         (g)Bring and prosecute legal proceedings or actions in the
  501  name of the commission, provided that the standing of an
  502  audiology licensing board or a speech-language pathology
  503  licensing board to sue or be sued under applicable law is not
  504  affected.
  505         (h)Purchase and maintain insurance and bonds.
  506         (i)Borrow, accept, or contract for services of personnel,
  507  including, but not limited to, employees of a member state.
  508         (j)Hire employees, elect or appoint officers, fix
  509  compensation, define duties, grant individuals appropriate
  510  authority to carry out the purposes of the compact, and
  511  establish the commission’s personnel policies and programs
  512  relating to conflicts of interest, qualifications of personnel,
  513  and other related personnel matters.
  514         (k)Accept any appropriate donations and grants of money,
  515  equipment, supplies, and materials and services, and receive,
  516  use, and dispose of the same, provided that at all times the
  517  commission must avoid any appearance of impropriety or conflict
  518  of interest.
  519         (l)Lease, purchase, accept appropriate gifts or donations
  520  of, or otherwise own, hold, improve, or use any property, real,
  521  personal, or mixed, provided that at all times the commission
  522  shall avoid any appearance of impropriety.
  523         (m)Sell, convey, mortgage, pledge, lease, exchange,
  524  abandon, or otherwise dispose of any property real, personal, or
  525  mixed.
  526         (n)Establish a budget and make expenditures.
  527         (o)Borrow money.
  528         (p)Appoint committees, including standing committees,
  529  composed of members and other interested persons as may be
  530  designated in the compact and the bylaws.
  531         (q)Provide and receive information from, and cooperate
  532  with, law enforcement agencies.
  533         (r)Establish and elect an executive committee.
  534         (s)Perform other functions as may be necessary or
  535  appropriate to achieve the purposes of the compact consistent
  536  with the state regulation of audiology and speech-language
  537  pathology licensure and practice.
  538         (4)The executive committee shall have the power to act on
  539  behalf of the commission according to the terms of the compact.
  540         (a)The executive committee must be composed of 10 members
  541  as follows:
  542         1.Seven voting members who are elected by the commission
  543  from the current membership of the commission.
  544         2.Two ex officio members, consisting of one nonvoting
  545  member from a recognized national audiology professional
  546  association and one nonvoting member from a recognized national
  547  speech-language pathology association.
  548         3.One ex officio, nonvoting member from the recognized
  549  membership organization of the audiology and speech-language
  550  pathology licensing boards.
  551         (b)The ex officio members must be selected by their
  552  respective organizations.
  553         (c)The commission may remove any member of the executive
  554  committee as provided in the bylaws.
  555         (d)The executive committee shall meet at least annually.
  556         (e)The executive committee has the following duties and
  557  responsibilities:
  558         1.Recommend to the entire commission changes to the rules
  559  or bylaws and changes to this compact legislation.
  560         2.Ensure compact administration services are appropriately
  561  provided, contractual or otherwise.
  562         3.Prepare and recommend the budget.
  563         4.Maintain financial records on behalf of the commission.
  564         5.Monitor compact compliance of member states and provide
  565  compliance reports to the commission.
  566         6.Establish additional committees as necessary.
  567         7.Other duties as provided by rule or bylaw.
  568         (f)All meetings must be open to the public, and public
  569  notice of meetings must be given in the same manner as required
  570  under the rulemaking provisions in Article X.
  571         (g)If a meeting or any portion of a meeting is closed
  572  under this subsection, the commission’s legal counsel or
  573  designee must certify that the meeting may be closed and must
  574  reference each relevant exempting provision.
  575         (h)The commission shall keep minutes that fully and
  576  clearly describe all matters discussed in a meeting and shall
  577  provide a full and accurate summary of actions taken, and the
  578  reasons therefore, including a description of the views
  579  expressed. All documents considered in connection with an action
  580  must be identified in minutes. All minutes and documents of a
  581  closed meeting must remain under seal, subject to release by a
  582  majority vote of the commission or order of a court of competent
  583  jurisdiction.
  584         (5)Relating to the financing of the commission, the
  585  commission:
  586         (a)Shall pay, or provide for the payment of, the
  587  reasonable expenses of its establishment, organization, and
  588  ongoing activities.
  589         (b)May accept any and all appropriate revenue sources,
  590  donations, and grants of money, equipment, supplies, materials,
  591  and services.
  592         (c)May not incur obligations of any kind before securing
  593  the funds adequate to meet the same and may not pledge the
  594  credit of any of the member states, except by and with the
  595  authority of the member state.
  596         (d)Shall keep accurate accounts of all receipts and
  597  disbursements of funds. The receipts and disbursements of funds
  598  of the commission are subject to the audit and accounting
  599  procedures established under its bylaws. However, all receipts
  600  and disbursements of funds handled by the commission must be
  601  audited yearly by a certified or licensed public accountant, and
  602  the report of the audit must be included in and become part of
  603  the annual report of the commission.
  604         (6)Relating to qualified immunity, defense, and
  605  indemnification:
  606         (a)The members, officers, executive director, employees,
  607  and representatives of the commission are immune from suit and
  608  liability, either personally or in their official capacity, for
  609  any claim for damage to or loss of property or personal injury
  610  or other civil liability caused by or arising out of any actual
  611  or alleged act, error, or omission that occurred, or that the
  612  person against whom the claim is made had a reasonable basis for
  613  believing occurred, within the scope of commission employment,
  614  duties, or responsibilities; provided that this paragraph may
  615  not be construed to protect any person from suit or liability
  616  for any damage, loss, injury, or liability caused by the
  617  intentional or willful or wanton misconduct of that person.
  618         (b)The commission shall defend any member, officer,
  619  executive director, employee, or representative of the
  620  commission in any civil action seeking to impose liability
  621  arising out of any actual or alleged act, error, or omission
  622  that occurred within the scope of commission employment, duties,
  623  or responsibilities, or that the person against whom the claim
  624  is made had a reasonable basis for believing occurred within the
  625  scope of commission employment, duties, or responsibilities;
  626  provided that this paragraph may not be construed to prohibit
  627  that person from retaining his or her own counsel; and provided
  628  further that the actual or alleged act, error, or omission did
  629  not result from that person’s intentional or willful or wanton
  630  misconduct.
  631         (c)The commission shall indemnify and hold harmless any
  632  member, officer, executive director, employee, or representative
  633  of the commission for the amount of any settlement or judgment
  634  obtained against that person arising out of any actual or
  635  alleged act, error, or omission that occurred within the scope
  636  of commission employment, duties, or responsibilities, or that
  637  the person had a reasonable basis for believing occurred within
  638  the scope of commission employment, duties, or responsibilities,
  639  provided that the actual or alleged act, error, or omission did
  640  not result from the intentional or willful or wanton misconduct
  641  of that person.
  643                             ARTICLE IX                            
  644                             DATA SYSTEM                           
  646         (1)The commission shall provide for the development,
  647  maintenance, and use of a coordinated database and reporting
  648  system containing licensure, adverse action, and current
  649  significant investigative information on all licensed
  650  individuals in member states.
  651         (2)Notwithstanding any other law to the contrary, a member
  652  state shall submit a uniform data set to the data system on all
  653  individuals to whom the compact is applicable as required by the
  654  rules of the commission, including all of the following
  655  information:
  656         (a)Identifying information.
  657         (b)Licensure data.
  658         (c)Adverse actions against a license or compact privilege.
  659         (d)Nonconfidential information related to alternative
  660  program participation.
  661         (e)Any denial of application for licensure, and the reason
  662  for such denial.
  663         (f)Other information that may facilitate the
  664  administration of the compact, as determined by the rules of the
  665  commission.
  666         (3)Current significant investigative information
  667  pertaining to a licensee in a member state must be available
  668  only to other member states.
  669         (4)The commission shall promptly notify all member states
  670  of any adverse action taken against a licensee or an individual
  671  applying for a license. Adverse action information pertaining to
  672  a licensee or an individual applying for a license in any member
  673  state must be available to any other member state.
  674         (5)Member states contributing information to the data
  675  system may designate information that may not be shared with the
  676  public without the express permission of the contributing state.
  677         (6)Any information submitted to the data system that is
  678  subsequently required to be expunged by the laws of the member
  679  state contributing the information must be removed from the data
  680  system.
  682                              ARTICLE X                            
  683                             RULEMAKING                            
  685         (1)The commission shall exercise its rulemaking powers
  686  pursuant to the criteria provided in this article and the rules
  687  adopted thereunder. Rules and amendments become binding as of
  688  the date specified in each rule or amendment.
  689         (2)If a majority of the legislatures of the member states
  690  rejects a rule by enactment of a statute or resolution in the
  691  same manner used to adopt the compact within 4 years after the
  692  date of adoption of the rule, the rule has no further force and
  693  effect in any member state.
  694         (3)Rules or amendments to the rules must be adopted at a
  695  regular or special meeting of the commission.
  696         (4)Before adoption of a final rule or rules by the
  697  commission, and at least 30 days before the meeting at which the
  698  rule shall be considered and voted upon, the commission shall
  699  file a notice of proposed rulemaking:
  700         (a)On the website of the commission or other publicly
  701  accessible platform; and
  702         (b)On the website of each member state audiology licensing
  703  board and speech-language pathology licensing board or other
  704  publicly accessible platform or the publication where each state
  705  would otherwise publish proposed rules.
  706         (5)The notice of proposed rulemaking must include all of
  707  the following:
  708         (a)The proposed time, date, and location of the meeting in
  709  which the rule will be considered and voted upon.
  710         (b)The text of and reason for the proposed rule or
  711  amendment.
  712         (c)A request for comments on the proposed rule from any
  713  interested person.
  714         (d)The manner in which interested persons may submit
  715  notice to the commission of their intention to attend the public
  716  hearing and any written comments.
  717         (6)Before the adoption of a proposed rule, the commission
  718  shall allow persons to submit written data, facts, opinions, and
  719  arguments, which shall be made available to the public.
  720         (a)The commission shall grant an opportunity for a public
  721  hearing before it adopts a rule or amendment if a hearing is
  722  requested by:
  723         1.At least 25 persons;
  724         2.A state or federal governmental subdivision or agency;
  725  or
  726         3.An association having at least 25 members.
  727         (b)If a hearing is held on the proposed rule or amendment,
  728  the commission must publish the place, time, and date of the
  729  scheduled public hearing. If the hearing is held via electronic
  730  means, the commission must publish the mechanism for access to
  731  the electronic hearing.
  732         (c)All persons wishing to be heard at the hearing shall
  733  notify the executive director of the commission or other
  734  designated member in writing of their desire to appear and
  735  testify at the hearing not less than 5 business days before the
  736  scheduled date of the hearing.
  737         (d)Hearings must be conducted in a manner providing each
  738  person who wishes to comment a fair and reasonable opportunity
  739  to comment orally or in writing.
  740         (e)All hearings must be recorded. A copy of the recording
  741  must be made available on request.
  742         (7)This article does not require a separate hearing on
  743  each rule. Rules may be grouped for the convenience of the
  744  commission at hearings required by this article.
  745         (8)Following the scheduled hearing date, or by the close
  746  of business on the scheduled hearing date if the hearing was not
  747  held, the commission shall consider all written and oral
  748  comments received.
  749         (9)If no written notice of intent to attend the public
  750  hearing by interested parties is received, the commission may
  751  proceed with adoption of the proposed rule without a public
  752  hearing.
  753         (10)The commission shall, by majority vote of all members,
  754  take final action on the proposed rule and shall determine the
  755  effective date of the rule, if any, based on the rulemaking
  756  record and the full text of the rule.
  757         (11)Upon determination that an emergency exists, the
  758  commission may consider and adopt an emergency rule without
  759  prior notice, opportunity for comment, or hearing, provided that
  760  the usual rulemaking procedures provided in the compact and in
  761  this article retroactively apply to the rule as soon as
  762  reasonably possible, but in no event later than 90 days after
  763  the effective date of the rule. For purposes of this subsection,
  764  an emergency rule is one that must be adopted immediately in
  765  order to:
  766         (a)Meet an imminent threat to public health, safety, or
  767  welfare;
  768         (b)Prevent a loss of commission or member state funds; or
  769         (c)Meet a deadline for the promulgation of an
  770  administrative rule that is established by federal law or rule.
  771         (12)The commission or an authorized committee of the
  772  commission may direct revisions to a previously adopted rule or
  773  amendment for purposes of correcting typographical errors,
  774  errors in format, errors in consistency, or grammatical errors.
  775  Public notice of any revisions must be posted on the website of
  776  the commission. The revisions are subject to challenge by any
  777  person for a period of 30 days after posting. A revision may be
  778  challenged only on grounds that it results in a material change
  779  to a rule. A challenge must be made in writing and delivered to
  780  the chair of the commission before the end of the notice period.
  781  If no challenge is made, the revision takes effect without
  782  further action. If the revision is challenged, the revision may
  783  not take effect without the approval of the commission.
  785                             ARTICLE XI                            
  786                         DISPUTE RESOLUTION                        
  787                           AND ENFORCEMENT                         
  789         (1)(a)Upon request by a member state, the commission shall
  790  attempt to resolve disputes related to the compact which arise
  791  among member states and between member and nonmember states.
  792         (b)The commission shall adopt a rule providing for both
  793  mediation and binding dispute resolution for disputes as
  794  appropriate.
  795         (2)(a)The commission, in the reasonable exercise of its
  796  discretion, shall enforce the compact.
  797         (b)By majority vote, the commission may initiate legal
  798  action in the United States District Court for the District of
  799  Columbia or the federal district where the commission has its
  800  principal offices against a member state in default to enforce
  801  compliance with the compact and its adopted rules and bylaws.
  802  The relief sought may include both injunctive relief and
  803  damages. In the event judicial enforcement is necessary, the
  804  prevailing member must be awarded all costs of litigation,
  805  including reasonable attorney fees.
  806         (c)The remedies provided in this subsection are not the
  807  exclusive remedies of the commission. The commission may pursue
  808  any other remedies available under federal or state law.
  810                             ARTICLE XII                           
  811              EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT            
  813         (1)The compact becomes effective and binding on the date
  814  of legislative enactment of the compact by no fewer than 10
  815  member states. The provisions, which become effective at that
  816  time, shall be limited to the powers granted to the commission
  817  relating to assembly and the adoption of rules. Thereafter, the
  818  commission shall meet and exercise rulemaking powers as
  819  necessary to implement and administer the compact.
  820         (2)Any state that joins the compact subsequent to the
  821  commission’s initial adoption of the rules is subject to the
  822  rules as they exist on the date on which the compact becomes law
  823  in that state. Any rule that has been previously adopted by the
  824  commission has the full force and effect of law on the day the
  825  compact becomes law in that state.
  826         (3)A member state may withdraw from the compact by
  827  enacting a statute repealing the compact.
  828         (a)A member state’s withdrawal does not take effect until
  829  6 months after enactment of the repealing statute.
  830         (b)Withdrawal does not affect the continuing requirement
  831  of the withdrawing state’s audiology licensing board or speech
  832  language pathology licensing board to comply with the
  833  investigative and adverse action reporting requirements of the
  834  compact before the effective date of withdrawal.
  835         (4)The compact does not invalidate or prevent any
  836  audiology or speech-language pathology licensure agreement or
  837  other cooperative arrangement between a member state and a
  838  nonmember state which does not conflict with the compact.
  839         (5)The compact may be amended by the member states. An
  840  amendment to the compact does not become effective and binding
  841  upon any member state until it is enacted into the laws of all
  842  member states.
  844                            ARTICLE XIII                           
  845                    CONSTRUCTION AND SEVERABILITY                  
  847         The compact must be liberally construed so as to effectuate
  848  its purposes. The provisions of the compact are severable and if
  849  any phrase, clause, sentence, or provision of the compact is
  850  declared to be contrary to the constitution of any member state
  851  or of the United States or the applicability thereof to any
  852  government, agency, person, or circumstance is held invalid, the
  853  validity of the remainder of the compact and the applicability
  854  thereof to any government, agency, person, or circumstance is
  855  not be affected. If the compact is held contrary to the
  856  constitution of any member state, it shall remain in full force
  857  and effect as to the remaining member states and in full force
  858  and effect as to the member state affected as to all severable
  859  matters.
  861                             ARTICLE XIV                           
  862              BINDING EFFECT OF COMPACT AND OTHER LAWS             
  864         (1)This compact does not prevent the enforcement of any
  865  other law of a member state which is not inconsistent with the
  866  compact.
  867         (2)All laws of a member state in conflict with the compact
  868  are superseded to the extent of the conflict.
  869         (3)All lawful actions of the commission, including all
  870  rules and bylaws adopted by the commission, are binding upon the
  871  member states.
  872         (4)All agreements between the commission and the member
  873  states are binding in accordance with their terms.
  874         (5)In the event any provision of the compact exceeds the
  875  constitutional limits imposed on the legislature of any member
  876  state, the provision is ineffective to the extent of the
  877  conflict with the constitutional provision in question in that
  878  member state.
  879         Section 53. Subsection (10) of section 456.073, Florida
  880  Statutes, is amended to read:
  881         456.073 Disciplinary proceedings.—Disciplinary proceedings
  882  for each board shall be within the jurisdiction of the
  883  department.
  884         (10)(a) The complaint and all information obtained pursuant
  885  to the investigation by the department are confidential and
  886  exempt from s. 119.07(1) until 10 days after probable cause has
  887  been found to exist by the probable cause panel or by the
  888  department, or until the regulated professional or subject of
  889  the investigation waives his or her privilege of
  890  confidentiality, whichever occurs first.
  891         (b) The department shall report any significant
  892  investigation information relating to a nurse holding a
  893  multistate license to the coordinated licensure information
  894  system pursuant to s. 464.0095; any investigative information
  895  relating to an audiologist or a speech-language pathologist
  896  holding a compact privilege under the Audiology and Speech
  897  Language Pathology Interstate Compact to the data system
  898  pursuant to s. 468.1335; any significant investigatory
  899  information relating to a psychologist practicing under the
  900  Psychology Interjurisdictional Compact to the coordinated
  901  licensure information system pursuant to s. 490.0075;, and any
  902  significant investigatory information relating to a health care
  903  practitioner practicing under the Professional Counselors
  904  Licensure Compact to the data system pursuant to s. 491.017, and
  905  any significant investigatory information relating to a
  906  psychologist practicing under the Psychology Interjurisdictional
  907  Compact to the coordinated licensure information system pursuant
  908  to s. 490.0075.
  909         (c) Upon completion of the investigation and a
  910  recommendation by the department to find probable cause, and
  911  pursuant to a written request by the subject or the subject’s
  912  attorney, the department shall provide the subject an
  913  opportunity to inspect the investigative file or, at the
  914  subject’s expense, forward to the subject a copy of the
  915  investigative file. Notwithstanding s. 456.057, the subject may
  916  inspect or receive a copy of any expert witness report or
  917  patient record connected with the investigation if the subject
  918  agrees in writing to maintain the confidentiality of any
  919  information received under this subsection until 10 days after
  920  probable cause is found and to maintain the confidentiality of
  921  patient records pursuant to s. 456.057. The subject may file a
  922  written response to the information contained in the
  923  investigative file. Such response must be filed within 20 days
  924  of mailing by the department, unless an extension of time has
  925  been granted by the department.
  926         (d) This subsection does not prohibit the department from
  927  providing the complaint and any information obtained pursuant to
  928  the department’s investigation such information to any law
  929  enforcement agency or to any other regulatory agency.
  930         Section 54. Subsection (5) of section 456.076, Florida
  931  Statutes, is amended to read:
  932         456.076 Impaired practitioner programs.—
  933         (5) A consultant shall enter into a participant contract
  934  with an impaired practitioner and shall establish the terms of
  935  monitoring and shall include the terms in a participant
  936  contract. In establishing the terms of monitoring, the
  937  consultant may consider the recommendations of one or more
  938  approved evaluators, treatment programs, or treatment providers.
  939  A consultant may modify the terms of monitoring if the
  940  consultant concludes, through the course of monitoring, that
  941  extended, additional, or amended terms of monitoring are
  942  required for the protection of the health, safety, and welfare
  943  of the public. If the impaired practitioner is an audiologist or
  944  a speech-language pathologist practicing under the Audiology and
  945  Speech-Language Pathology Interstate Compact pursuant to s.
  946  468.1335, a psychologist practicing under the Psychology
  947  Interjurisdictional Compact pursuant to s. 490.0075, or a health
  948  care practitioner practicing under the Professional Counselors
  949  Licensure Compact pursuant to s. 491.017, the terms of the
  950  monitoring contract must include the impaired practitioner’s
  951  withdrawal from all practice under the compact unless authorized
  952  by a member state. If the impaired practitioner is a
  953  psychologist practicing under the Psychology Interjurisdictional
  954  Compact pursuant to s. 490.0075, the terms of the monitoring
  955  contract must include the impaired practitioner’s withdrawal
  956  from all practice under the compact.
  957         Section 55. Present subsections (4), (5), and (6) of
  958  section 468.1135, Florida Statutes, are redesignated as
  959  subsections (5), (6), and (7), respectively, and a new
  960  subsection (4) is added to that section, to read:
  961         468.1135 Board of Speech-Language Pathology and Audiology.—
  962         (4) The board shall appoint two of its members to serve as
  963  the state’s delegates on the Speech-Language Pathology
  964  Interstate Compact Commission, as required under s. 468.1335,
  965  one of whom must be an audiologist and one of whom must be a
  966  speech-language pathologist.
  967         Section 56. Subsection (6) is added to section 468.1185,
  968  Florida Statutes, to read:
  969         468.1185 Licensure.—
  970         (6) A person licensed as an audiologist or a speech
  971  language pathologist in another state who is practicing under
  972  the Audiology and Speech-Language Pathology Interstate Compact
  973  pursuant to s. 468.1335, and only within the scope provided
  974  therein, is exempt from the licensure requirements of this
  975  section.
  976         Section 57. Subsections (1) and (2) of section 468.1295,
  977  Florida Statutes, are amended to read:
  978         468.1295 Disciplinary proceedings.—
  979         (1) The following acts constitute grounds for denial of a
  980  license or disciplinary action, as specified in s. 456.072(2) or
  981  s. 468.1335:
  982         (a) Procuring, or attempting to procure, a license by
  983  bribery, by fraudulent misrepresentation, or through an error of
  984  the department or the board.
  985         (b) Having a license revoked, suspended, or otherwise acted
  986  against, including denial of licensure, by the licensing
  987  authority of another state, territory, or country.
  988         (c) Being convicted or found guilty of, or entering a plea
  989  of nolo contendere to, regardless of adjudication, a crime in
  990  any jurisdiction which directly relates to the practice of
  991  speech-language pathology or audiology.
  992         (d) Making or filing a report or record which the licensee
  993  knows to be false, intentionally or negligently failing to file
  994  a report or records required by state or federal law, willfully
  995  impeding or obstructing such filing, or inducing another person
  996  to impede or obstruct such filing. Such report or record shall
  997  include only those reports or records which are signed in one’s
  998  capacity as a licensed speech-language pathologist or
  999  audiologist.
 1000         (e) Advertising goods or services in a manner which is
 1001  fraudulent, false, deceptive, or misleading in form or content.
 1002         (f) Being proven guilty of fraud or deceit or of
 1003  negligence, incompetency, or misconduct in the practice of
 1004  speech-language pathology or audiology.
 1005         (g) Violating a lawful order of the board or department
 1006  previously entered in a disciplinary hearing, or failing to
 1007  comply with a lawfully issued subpoena of the board or
 1008  department.
 1009         (h) Practicing with a revoked, suspended, inactive, or
 1010  delinquent license.
 1011         (i) Using, or causing or promoting the use of, any
 1012  advertising matter, promotional literature, testimonial,
 1013  guarantee, warranty, label, brand, insignia, or other
 1014  representation, however disseminated or published, which is
 1015  misleading, deceiving, or untruthful.
 1016         (j) Showing or demonstrating or, in the event of sale,
 1017  delivery of a product unusable or impractical for the purpose
 1018  represented or implied by such action.
 1019         (k) Failing to submit to the board on an annual basis, or
 1020  such other basis as may be provided by rule, certification of
 1021  testing and calibration of such equipment as designated by the
 1022  board and on the form approved by the board.
 1023         (l) Aiding, assisting, procuring, employing, or advising
 1024  any licensee or business entity to practice speech-language
 1025  pathology or audiology contrary to this part, chapter 456, or
 1026  any rule adopted pursuant thereto.
 1027         (m) Misrepresenting the professional services available in
 1028  the fitting, sale, adjustment, service, or repair of a hearing
 1029  aid, or using any other term or title which might connote the
 1030  availability of professional services when such use is not
 1031  accurate.
 1032         (n) Representing, advertising, or implying that a hearing
 1033  aid or its repair is guaranteed without providing full
 1034  disclosure of the identity of the guarantor; the nature, extent,
 1035  and duration of the guarantee; and the existence of conditions
 1036  or limitations imposed upon the guarantee.
 1037         (o) Representing, directly or by implication, that a
 1038  hearing aid utilizing bone conduction has certain specified
 1039  features, such as the absence of anything in the ear or leading
 1040  to the ear, or the like, without disclosing clearly and
 1041  conspicuously that the instrument operates on the bone
 1042  conduction principle and that in many cases of hearing loss this
 1043  type of instrument may not be suitable.
 1044         (p) Stating or implying that the use of any hearing aid
 1045  will improve or preserve hearing or prevent or retard the
 1046  progression of a hearing impairment or that it will have any
 1047  similar or opposite effect.
 1048         (q) Making any statement regarding the cure of the cause of
 1049  a hearing impairment by the use of a hearing aid.
 1050         (r) Representing or implying that a hearing aid is or will
 1051  be “custom-made,” “made to order,” or “prescription-made,” or in
 1052  any other sense specially fabricated for an individual, when
 1053  such is not the case.
 1054         (s) Canvassing from house to house or by telephone, either
 1055  in person or by an agent, for the purpose of selling a hearing
 1056  aid, except that contacting persons who have evidenced an
 1057  interest in hearing aids, or have been referred as in need of
 1058  hearing aids, shall not be considered canvassing.
 1059         (t) Failing to notify the department in writing of a change
 1060  in current mailing and place-of-practice address within 30 days
 1061  after such change.
 1062         (u) Failing to provide all information as described in ss.
 1063  468.1225(5)(b), 468.1245(1), and 468.1246.
 1064         (v) Exercising influence on a client in such a manner as to
 1065  exploit the client for financial gain of the licensee or of a
 1066  third party.
 1067         (w) Practicing or offering to practice beyond the scope
 1068  permitted by law or accepting and performing professional
 1069  responsibilities the licensee or certificateholder knows, or has
 1070  reason to know, the licensee or certificateholder is not
 1071  competent to perform.
 1072         (x) Aiding, assisting, procuring, or employing any
 1073  unlicensed person to practice speech-language pathology or
 1074  audiology.
 1075         (y) Delegating or contracting for the performance of
 1076  professional responsibilities by a person when the licensee
 1077  delegating or contracting for performance of such
 1078  responsibilities knows, or has reason to know, such person is
 1079  not qualified by training, experience, and authorization to
 1080  perform them.
 1081         (z) Committing any act upon a patient or client which would
 1082  constitute sexual battery or which would constitute sexual
 1083  misconduct as defined pursuant to s. 468.1296.
 1084         (aa) Being unable to practice the profession for which he
 1085  or she is licensed or certified under this chapter with
 1086  reasonable skill or competence as a result of any mental or
 1087  physical condition or by reason of illness, drunkenness, or use
 1088  of drugs, narcotics, chemicals, or any other substance. In
 1089  enforcing this paragraph, upon a finding by the State Surgeon
 1090  General, his or her designee, or the board that probable cause
 1091  exists to believe that the licensee or certificateholder is
 1092  unable to practice the profession because of the reasons stated
 1093  in this paragraph, the department shall have the authority to
 1094  compel a licensee or certificateholder to submit to a mental or
 1095  physical examination by a physician, psychologist, clinical
 1096  social worker, marriage and family therapist, or mental health
 1097  counselor designated by the department or board. If the licensee
 1098  or certificateholder refuses to comply with the department’s
 1099  order directing the examination, such order may be enforced by
 1100  filing a petition for enforcement in the circuit court in the
 1101  circuit in which the licensee or certificateholder resides or
 1102  does business. The department shall be entitled to the summary
 1103  procedure provided in s. 51.011. A licensee or certificateholder
 1104  affected under this paragraph shall at reasonable intervals be
 1105  afforded an opportunity to demonstrate that he or she can resume
 1106  the competent practice for which he or she is licensed or
 1107  certified with reasonable skill and safety to patients.
 1108         (bb) Violating any provision of this chapter or chapter
 1109  456, or any rules adopted pursuant thereto.
 1110         (2)(a) The board may enter an order denying licensure or
 1111  imposing any of the penalties in s. 456.072(2) against any
 1112  applicant for licensure or licensee who is found guilty of
 1113  violating any provision of subsection (1) of this section or who
 1114  is found guilty of violating any provision of s. 456.072(1).
 1115         (b)The board may take adverse action against an
 1116  audiologist’s or a speech-language pathologist’s compact
 1117  privilege under the Audiology and Speech-Language Pathology
 1118  Interstate Compact pursuant to s. 468.1335 and may impose any of
 1119  the penalties in s. 456.072(2), if an audiologist or a speech
 1120  language pathologist commits an act specified in subsection (1)
 1121  or s. 456.072(1).
 1122         Section 58. Paragraph (j) is added to subsection (10) of
 1123  section 768.28, Florida Statutes, to read:
 1124         768.28 Waiver of sovereign immunity in tort actions;
 1125  recovery limits; civil liability for damages caused during a
 1126  riot; limitation on attorney fees; statute of limitations;
 1127  exclusions; indemnification; risk management programs.—
 1128         (10)
 1129         (j) For purposes of this section, the individuals appointed
 1130  under s. 468.1135(4) as the state’s delegates on the Audiology
 1131  and Speech-Language Pathology Interstate Compact Commission,
 1132  when serving in that capacity pursuant to s. 468.1335, and any
 1133  administrator, officer, executive director, employee, or
 1134  representative of the commission, when acting within the scope
 1135  of his or her employment, duties, or responsibilities in this
 1136  state, is considered an agent of the state. The commission shall
 1137  pay any claims or judgments pursuant to this section and may
 1138  maintain insurance coverage to pay any such claims or judgments.
 1140  ================= T I T L E  A M E N D M E N T ================
 1141  And the title is amended as follows:
 1142         Delete line 341
 1143  and insert:
 1144         act; creating s. 468.1335, F.S.; creating the
 1145         Audiology and Speech-Language Pathology Interstate
 1146         Compact; providing purposes and objectives; defining
 1147         terms; specifying requirements for state participation
 1148         in the compact and duties of member states; specifying
 1149         that the compact does not affect an individual’s
 1150         ability to apply for, and a member state’s ability to
 1151         grant, a single-state license pursuant to the laws of
 1152         that state; providing for recognition of compact
 1153         privilege in member states; specifying criteria a
 1154         licensee must meet for a compact privilege; providing
 1155         for the expiration and renewal of the compact
 1156         privilege; specifying that a licensee with a compact
 1157         privilege in a remote state must adhere to the laws
 1158         and rules of that state; authorizing member states to
 1159         act on a licensee’s compact privilege under certain
 1160         circumstances; specifying the consequences and
 1161         parameters of practice for a licensee whose compact
 1162         privilege has been acted on or whose home state
 1163         license is encumbered; specifying that a licensee may
 1164         hold a home state license in only one member state at
 1165         a time; specifying requirements and procedures for
 1166         changing a home state license designation; providing
 1167         for the recognition of the practice of audiology and
 1168         speech-language pathology through telehealth in member
 1169         states; specifying that licensees must adhere to the
 1170         laws and rules of the remote state where they provide
 1171         audiology or speech-language pathology through
 1172         telehealth; authorizing active duty military personnel
 1173         and their spouses to keep their home state designation
 1174         during active duty; specifying how such individuals
 1175         may subsequently change their home state license
 1176         designation; authorizing member states to take adverse
 1177         actions against licensees and issue subpoenas for
 1178         hearings and investigations under certain
 1179         circumstances; providing requirements and procedures
 1180         for such adverse action; authorizing member states to
 1181         engage in joint investigations under certain
 1182         circumstances; providing that a licensee’s compact
 1183         privilege must be deactivated in all member states for
 1184         the duration of an encumbrance imposed by the
 1185         licensee’s home state; providing for notice to the
 1186         data system and the licensee’s home state of any
 1187         adverse action taken against a licensee; establishing
 1188         the Audiology and Speech-language Pathology Interstate
 1189         Compact Commission; providing for jurisdiction and
 1190         venue for court proceedings; providing for membership
 1191         and powers of the commission; specifying powers and
 1192         duties of the commission’s executive committee;
 1193         providing for the financing of the commission;
 1194         providing specified individuals immunity from civil
 1195         liability under certain circumstances; providing
 1196         exceptions; requiring the commission to defend the
 1197         specified individuals in civil actions under certain
 1198         circumstances; requiring the commission to indemnify
 1199         and hold harmless specified individuals for any
 1200         settlement or judgment obtained in such actions under
 1201         certain circumstances; providing for the development
 1202         of the data system, reporting procedures, and the
 1203         exchange of specified information between member
 1204         states; requiring the commission to notify member
 1205         states of any adverse action taken against a licensee
 1206         or applicant for licensure; authorizing member states
 1207         to designate as confidential information provided to
 1208         the data system; requiring the commission to remove
 1209         information from the data system under certain
 1210         circumstances; providing rulemaking procedures for the
 1211         commission; providing for member state enforcement of
 1212         the compact; authorizing the commission to receive
 1213         notice of process, and have standing to intervene, in
 1214         certain proceedings; rendering certain judgments and
 1215         orders void as to the commission, the compact, or
 1216         commission rules under certain circumstances;
 1217         providing for defaults and termination of compact
 1218         membership; providing procedures for the resolution of
 1219         certain disputes; providing for commission enforcement
 1220         of the compact; providing for remedies; providing for
 1221         implementation of, withdrawal from, and amendment to
 1222         the compact; providing construction and for
 1223         severability; specifying that the compact, commission
 1224         rules, and commission actions are binding on member
 1225         states; amending s. 456.073, F.S.; requiring the
 1226         Department of Health to report certain investigative
 1227         information to the commission’s data system; amending
 1228         s. 456.076, F.S.; requiring that monitoring contracts
 1229         for certain impaired practitioners participating in
 1230         treatment programs contain specified terms; amending
 1231         s. 468.1135, F.S.; requiring the Board of Speech
 1232         Language Pathology and Audiology to appoint two of its
 1233         board members to serve as the state’s delegates on the
 1234         compact commission; amending s. 468.1185, F.S.;
 1235         exempting audiologists and speech-language
 1236         pathologists from licensure requirements if they are
 1237         practicing in this state pursuant to a compact
 1238         privilege under the compact; amending s. 468.1295,
 1239         F.S.; authorizing the board to take adverse action
 1240         against the compact privilege of audiologists and
 1241         speech-language pathologists for specified prohibited
 1242         acts; amending s. 768.28, F.S.; designating the state
 1243         delegates and other members or employees of the
 1244         compact commission as state agents for the purpose of
 1245         applying sovereign immunity and waivers of sovereign
 1246         immunity; requiring the commission to pay certain
 1247         claims or judgments; authorizing the compact
 1248         commission to maintain insurance coverage to pay such
 1249         claims or judgments; providing appropriations;
 1250         providing effective