87R2054 KKR-D
 
  By: Guillen H.B. No. 1633
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the audiology and speech-language pathology interstate
  compact; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 401, Occupations Code, is amended by
  adding Subchapter L to read as follows:
  SUBCHAPTER L. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE
  COMPACT
         Sec. 401.551.  AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
  INTERSTATE COMPACT. The Audiology and Speech-Language Pathology
  Compact is enacted and entered into with all other jurisdictions
  that legally join in the compact, which reads as follows:
  AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
  SECTION 1.  PURPOSE
         The purpose of this Compact is to facilitate interstate
  practice of audiology and speech-language pathology with the goal
  of improving public access to audiology and speech-language
  pathology services. The practice of audiology and speech-language
  pathology occurs in the state where the patient/client/student is
  located at the time of the patient/client/student encounter. The
  Compact preserves the regulatory authority of states to protect
  public health and safety through the current system of state
  licensure.
         This Compact is designed to achieve the following objectives:
               1.  Increase public access to audiology and
  speech-language pathology services by providing for the mutual
  recognition of other member state licenses;
               2.  Enhance the states' ability to protect the public's
  health and safety;
               3.  Encourage the cooperation of member states in
  regulating multistate audiology and speech-language pathology
  practice;
               4.  Support spouses of relocating active duty military
  personnel;
               5.  Enhance the exchange of licensure, investigative
  and disciplinary information between member states;
               6.  Allow a remote state to hold a provider of services
  with a compact privilege in that state accountable to that state's
  practice standards; and
               7.  Allow for the use of telehealth technology to
  facilitate increased access to audiology and speech-language
  pathology services.
  SECTION 2.  DEFINITIONS
         As used in this Compact, and except as otherwise provided,
  the following definitions shall apply:
         A.  "Active duty military" means full-time duty status in the
  active uniformed service of the United States, including members of
  the National Guard and Reserve on active duty orders pursuant to 10
  U.S.C. Section 1209 and 1211.
         B.  "Adverse action" means any administrative, civil,
  equitable or criminal action permitted by a state's laws which is
  imposed by a licensing board or other authority against an
  audiologist or speech-language pathologist, including actions
  against an individual's license or privilege to practice such as
  revocation, suspension, probation, monitoring of the licensee, or
  restriction on the licensee's practice.
         C.  "Alternative program" means a non-disciplinary
  monitoring process approved by an audiology or speech-language
  pathology licensing board to address impaired practitioners.
         D.  "Audiologist" means an individual who is licensed by a
  state to practice audiology.
         E.  "Audiology" means the care and services provided by a
  licensed audiologist as set forth in the member state's statutes
  and rules.
         F.  "Audiology and Speech-Language Pathology Compact
  Commission" or "Commission" means the national administrative body
  whose membership consists of all states that have enacted the
  Compact.
         G.  "Audiology and speech-language pathology licensing
  board," "audiology licensing board," "speech-language pathology
  licensing board," or "licensing board" means the agency of a state
  that is responsible for the licensing and regulation of
  audiologists and/or speech-language pathologists.
         H.  "Compact privilege" means the authorization granted by a
  remote state to allow a licensee from another member state to
  practice as an audiologist or speech-language pathologist in the
  remote state under its laws and rules. The practice of audiology or
  speech-language pathology occurs in the member state where the
  patient/client/student is located at the time of the
  patient/client/student encounter.
         I.  "Current significant investigative information" means
  investigative information that a licensing board, after an inquiry
  or investigation that includes notification and an opportunity for
  the audiologist or speech-language pathologist to respond, if
  required by state law, has reason to believe is not groundless and,
  if proved true, would indicate more than a minor infraction.
         J.  "Data system" means a repository of information about
  licensees, including, but not limited to, continuing education,
  examination, licensure, investigative, compact privilege and
  adverse action.
         K.  "Encumbered license" means a license in which an adverse
  action restricts the practice of audiology or speech-language
  pathology by the licensee and said adverse action has been reported
  to the National Practitioners Data Bank (NPDB).
         L.  "Executive Committee" means a group of directors elected
  or appointed to act on behalf of, and within the powers granted to
  them by, the Commission.
         M.  "Home state" means the member state that is the
  licensee's primary state of residence.
         N.  "Impaired practitioner" means individuals whose
  professional practice is adversely affected by substance abuse,
  addiction, or other health-related conditions.
         O.  "Licensee" means an individual who currently holds an
  authorization from the state licensing board to practice as an
  audiologist or speech-language pathologist.
         P.  "Member state" means a state that has enacted the
  Compact.
         Q.  "Privilege to practice" means a legal authorization
  permitting the practice of audiology or speech-language pathology
  in a remote state.
         R.  "Remote state" means a member state other than the home
  state where a licensee is exercising or seeking to exercise the
  compact privilege.
         S.  "Rule" means a regulation, principle or directive
  promulgated by the Commission that has the force of law.
         T.  "Single-state license" means an audiology or
  speech-language pathology license issued by a member state that
  authorizes practice only within the issuing state and does not
  include a privilege to practice in any other member state.
         U.  "Speech-language pathologist" means an individual who is
  licensed by a state to practice speech-language pathology.
         V.  "Speech-language pathology means the care and services
  provided by a licensed speech-language pathologist as set forth in
  the member state's statutes and rules.
         W.  "State" means any state, commonwealth, district or
  territory of the United States of America that regulates the
  practice of audiology and speech-language pathology.
         X.  "State practice laws" means a member state's laws, rules
  and regulations that govern the practice of audiology or
  speech-language pathology, define the scope of audiology or
  speech-language pathology practice, and create the methods and
  grounds for imposing discipline.
         Y.  "Telehealth" means the application of telecommunication
  technology to deliver audiology or speech-language pathology
  services at a distance for assessment, intervention and/or
  consultation.
  SECTION 3. STATE PARTICIPATION IN THE COMPACT
         A.  A license issued to an audiologist or speech-language
  pathologist by a home state to a resident in that state shall be
  recognized by each member state as authorizing an audiologist or
  speech-language pathologist to practice audiology or
  speech-language pathology, under a privilege to practice, in each
  member state.
         B.  A state must implement or utilize procedures for
  considering the criminal history records of applicants for initial
  privilege to practice. These procedures shall include the
  submission of fingerprints or other biometric-based information by
  applicants for the purpose of obtaining an applicant's criminal
  history record information from the Federal Bureau of Investigation
  and the agency responsible for retaining that state's criminal
  records
               1.  A member state must fully implement a criminal
  background check requirement, within a time frame established by
  rule, by receiving the results of the Federal Bureau of
  Investigation record search on criminal background checks and use
  the results in making licensure decisions.
               2.  Communication between a member state, the
  Commission and among member states regarding the verification of
  eligibility for licensure through the Compact shall not include any
  information received from the Federal Bureau of Investigation
  relating to a federal criminal records check performed by a member
  state under Public Law 92-544.
         C.  Upon application for a privilege to practice, the
  licensing board in the issuing remote state shall ascertain,
  through the data system, whether the applicant has ever held, or is
  the holder of, a license issued by any other state, whether there
  are any encumbrances on any license or privilege to practice held by
  the applicant, whether any adverse action has been taken against
  any license or privilege to practice held by the applicant.
         D.  Each member state shall require an applicant to obtain or
  retain a license in the home state and meet the home state's
  qualifications for licensure or renewal of licensure, as well as,
  all other applicable state laws.
         E.  For an audiologist:
               1.  Must meet one of the following educational
  requirements:
                     a.  On or before, Dec. 31, 2007, has graduated
  with a master's degree or doctorate in audiology, or equivalent
  degree regardless of degree name, from a program that is accredited
  by an accrediting agency recognized by the Council for Higher
  Education Accreditation, or its successor, or by the United States
  Department of Education and operated by a college or university
  accredited by a regional or national accrediting organization
  recognized by the board; or
                     b.  On or after, Jan. 1, 2008, has graduated with a
  Doctoral degree in audiology, or equivalent degree, regardless of
  degree name, from a program that is accredited by an accrediting
  agency recognized by the Council for Higher Education
  Accreditation, or its successor, or by the United States Department
  of Education and operated by a college or university accredited by a
  regional or national accrediting organization recognized by the
  board; or
                     c.  Has graduated from an audiology program that
  is housed in an institution of higher education outside of the
  United States (a) for which the program and institution have been
  approved by the authorized accrediting body in the applicable
  country and (b) the degree program has been verified by an
  independent credentials review agency to be comparable to a state
  licensing board-approved program.
               2.  Has completed a supervised clinical practicum
  experience from an accredited educational institution or its
  cooperating programs as required by the board;
               3.  Has successfully passed a national examination
  approved by the Commission;
               4.  Holds an active, unencumbered license;
               5.  Has not been convicted or found guilty, and has not
  entered into an agreed disposition, of a felony related to the
  practice of audiology, under applicable state or federal criminal
  law;
               6.  Has a valid United States Social Security or
  National Practitioner Identification number.
         F.  For a speech-language pathologist:
               1.  Must meet one of the following educational
  requirements:
                     a.  Has graduated with a master's degree from a
  speech-language pathology program that is accredited by an
  organization recognized by the United States Department of
  Education and operated by a college or university accredited by a
  regional or national accrediting organization recognized by the
  board; or
                     b.  Has graduated from a speech-language
  pathology program that is housed in an institution of higher
  education outside of the United States (a) for which the program and
  institution have been approved by the authorized accrediting body
  in the applicable country and (b) the degree program has been
  verified by an independent credentials review agency to be
  comparable to a state licensing board-approved program.
               2.  Has completed a supervised clinical practicum
  experience from an educational institution or its cooperating
  programs as required by the Commission;
               3.  Has completed a supervised postgraduate
  professional experience as required by the Commission
               4.  Has successfully passed a national examination
  approved by the Commission;
               5.  Holds an active, unencumbered license;
               6.  Has not been convicted or found guilty, and has not
  entered into an agreed disposition, of a felony related to the
  practice of speech-language pathology, under applicable state or
  federal criminal law;
               7.  Has a valid United States Social Security or
  National Practitioner Identification number.
         G.  The privilege to practice is derived from the home state
  license.
         H.  An audiologist or speech-language pathologist practicing
  in a member state must comply with the state practice laws of the
  state in which the client is located at the time service is
  provided. The practice of audiology and speech-language pathology
  shall include all audiology and speech-language pathology practice
  as defined by the state practice laws of the member state in which
  the client is located. The practice of audiology and
  speech-language pathology in a member state under a privilege to
  practice shall subject an audiologist or speech-language
  pathologist to the jurisdiction of the licensing board, the courts
  and the laws of the member state in which the client is located at
  the time service is provided.
         I.  Individuals not residing in a member state shall continue
  to be able to apply for a member state's single-state license as
  provided under the laws of each member state. However, the
  single-state license granted to these individuals shall not be
  recognized as granting the privilege to practice audiology or
  speech-language pathology in any other member state. Nothing in
  this Compact shall affect the requirements established by a member
  state for the issuance of a single-state license.
         J.  Member states may charge a fee for granting a compact
  privilege.
         K.  Member states must comply with the bylaws and rules and
  regulations of the Commission.
  SECTION 4. COMPACT PRIVILEGE
         A.  To exercise the compact privilege under the terms and
  provisions of the Compact, the audiologist or speech-language
  pathologist shall:
               1.  Hold an active license in the home state;
               2.  Have no encumbrance on any state license;
               3.  Be eligible for a compact privilege in any member
  state in accordance with Section 3;
               4.  Have not had any adverse action against any license
  or compact privilege within the previous 2 years from date of
  application;
               5.  Notify the Commission that the licensee is seeking
  the compact privilege within a remote state(s);
               6.  Pay any applicable fees, including any state fee,
  for the compact privilege;
               7.  Report to the Commission adverse action taken by
  any non-member state within 30 days from the date the adverse action
  is taken.
         B.  For the purposes of the compact privilege, an audiologist
  or speech-language pathologist shall only hold one home state
  license at a time.
         C.  Except as provided in Section 6, if an audiologist or
  speech-language pathologist changes primary state of residence by
  moving between two-member states, the audiologist or
  speech-language pathologist must apply for licensure in the new
  home state, and the license issued by the prior home state shall be
  deactivated in accordance with applicable rules adopted by the
  Commission.
         D.  The audiologist or speech-language pathologist may apply
  for licensure in advance of a change in primary state of residence.
         E.  A license shall not be issued by the new home state until
  the audiologist or speech-language pathologist provides
  satisfactory evidence of a change in primary state of residence to
  the new home state and satisfies all applicable requirements to
  obtain a license from the new home state.
         F.  If an audiologist or speech-language pathologist changes
  primary state of residence by moving from a member state to a
  non-member state, the license issued by the prior home state shall
  convert to a single-state license, valid only in the former home
  state.
         G.  The compact privilege is valid until the expiration date
  of the home state license. The licensee must comply with the
  requirements of Section 4A to maintain the compact privilege in the
  remote state.
         H.  A licensee providing audiology or speech-language
  pathology services in a remote state under the compact privilege
  shall function within the laws and regulations of the remote state.
         I.  A licensee providing audiology or speech-language
  pathology services in a remote state is subject to that state's
  regulatory authority. A remote state may, in accordance with due
  process and that state's laws, remove a licensee's compact
  privilege in the remote state for a specific period of time, impose
  fines, and/or take any other necessary actions to protect the
  health and safety of its citizens.
         J.  If a home state license is encumbered, the licensee shall
  lose the compact privilege in any remote state until the following
  occur:
               1.  The home state license is no longer encumbered; and
               2.  Two years have elapsed from the date of the adverse
  action.
         K.  Once an encumbered license in the home state is restored
  to good standing, the licensee must meet the requirements of
  Section 4A to obtain a compact privilege in any remote state.
         L.  Once the requirements of Section 4J have been met, the
  licensee must meet the requirements in Section 4A to obtain a
  compact privilege in a remote state.
  SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
         Member states shall recognize the right of an audiologist or
  speech-language pathologist, licensed by a home state in accordance
  with Section 3 and under rules promulgated by the Commission, to
  practice audiology or speech-language pathology in any member state
  via telehealth under a privilege to practice as provided in the
  Compact and rules promulgated by the Commission.
  SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
         Active duty military personnel, or their spouse, shall
  designate a home state where the individual has a current license in
  good standing. The individual may retain the home state
  designation during the period the service member is on active duty.
  Subsequent to designating a home state, the individual shall only
  change their home state through application for licensure in the
  new state.
  SECTION 7. ADVERSE ACTIONS
         A.  In addition to the other powers conferred by state law, a
  remote state shall have the authority, in accordance with existing
  state due process law, to:
               1.  Take adverse action against an audiologist's or
  speech-language pathologist's privilege to practice within that
  member state.
               2.  Issue subpoenas for both hearings and
  investigations that require the attendance and testimony of
  witnesses as well as the production of evidence. Subpoenas issued
  by a licensing board in a member state for the attendance and
  testimony of witnesses or the production of evidence from another
  member state shall be enforced in the latter state by any court of
  competent jurisdiction, according to the practice and procedure of
  that court applicable to subpoenas issued in proceedings pending
  before it. The issuing authority shall pay any witness fees, travel
  expenses, mileage and other fees required by the service statutes
  of the state in which the witnesses or evidence are located.
               3.  Only the home state shall have the power to take
  adverse action against a audiologist's or speech-language
  pathologist's license issued by the home state.
         B.  For purposes of taking adverse action, the home state
  shall give the same priority and effect to reported conduct
  received from a member state as it would if the conduct had occurred
  within the home state. In so doing, the home state shall apply its
  own state laws to determine appropriate action.
         C.  The home state shall complete any pending investigations
  of an audiologist or speech-language pathologist who changes
  primary state of residence during the course of the investigations.
  The home state shall also have the authority to take appropriate
  action(s) and shall promptly report the conclusions of the
  investigations to the administrator of the data system. The
  administrator of the coordinated licensure information system
  shall promptly notify the new home state of any adverse actions.
         D.  If otherwise permitted by state law, recover from the
  affected audiologist or speech-language pathologist the costs of
  investigations and disposition of cases resulting from any adverse
  action taken against that audiologist or speech-language
  pathologist.
         E.  Take adverse action based on the factual findings of the
  remote state, provided that the home state follows its own
  procedures for taking the adverse action.
         F.  Joint Investigations
               1.  In addition to the authority granted to a member
  state by its respective audiology or speech-language pathology
  practice act or other applicable state law, any member state may
  participate with other member states in joint investigations of
  licensees.
               2.  Member states shall share any investigative,
  litigation, or compliance materials in furtherance of any joint or
  individual investigation initiated under the Compact.
         G.  If adverse action is taken by the home state against an
  audiologist's or speech language pathologist's license, the
  audiologist's or speech-language pathologist's privilege to
  practice in all other member states shall be deactivated until all
  encumbrances have been removed from the state license. All home
  state disciplinary orders that impose adverse action against an
  audiologist's or speech language pathologist's license shall
  include a statement that the audiologist's or speech-language
  pathologist's privilege to practice is deactivated in all member
  states during the pendency of the order.
         H.  If a member state takes adverse action, it shall promptly
  notify the administrator of the data system. The administrator of
  the data system shall promptly notify the home state of any adverse
  actions by remote states.
         I.  Nothing in this Compact shall override a member state's
  decision that participation in an alternative program may be used
  in lieu of adverse action.
  SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
  PATHOLOGY COMPACT COMMISSION
         A.  The Compact member states hereby create and establish a
  joint public agency known as the Audiology and Speech-Language
  Pathology Compact Commission:
               1.  The Commission is an instrumentality of the Compact
  states.
               2.  Venue is proper and judicial proceedings by or
  against the Commission shall be brought solely and exclusively in a
  court of competent jurisdiction where the principal office of the
  Commission is located. The Commission may waive venue and
  jurisdictional defenses to the extent it adopts or consents to
  participate in alternative dispute resolution proceedings.
               3.  Nothing in this Compact shall be construed to be a
  waiver of sovereign immunity.
         B.  Membership, Voting and Meetings
               1.  Each member state shall have two (2) delegates
  selected by that member state's licensing board. The delegates
  shall be current members of the licensing board. One shall be an
  audiologist and one shall be a speech-language pathologist.
               2.  An additional five (5) delegates, who are either a
  public member or board administrator from a state licensing board,
  shall be chosen by the Executive Committee from a pool of nominees
  provided by the Commission at Large.
               3.  Any delegate may be removed or suspended from
  office as provided by the law of the state from which the delegate
  is appointed.
               4.  The member state board shall fill any vacancy
  occurring on the Commission, within 90 days.
               5.  Each delegate shall be entitled to one (1) vote with
  regard to the promulgation of rules and creation of bylaws and shall
  otherwise have an opportunity to participate in the business and
  affairs of the Commission.
               6.  A delegate shall vote in person or by other means as
  provided in the bylaws. The bylaws may provide for delegates'
  participation in meetings by telephone or other means of
  communication.
               7.  The Commission shall meet at least once during each
  calendar year. Additional meetings shall be held as set forth in the
  bylaws.
         C.  The Commission shall have the following powers and
  duties:
               1.  Establish the fiscal year of the Commission;
               2.  Establish bylaws;
               3.  Establish a Code of Ethics;
               4.  Maintain its financial records in accordance with
  the bylaws;
               5.  Meet and take actions as are consistent with the
  provisions of this Compact and the bylaws;
               6.  Promulgate uniform rules to facilitate and
  coordinate implementation and administration of this Compact. The
  rules shall have the force and effect of law and shall be binding in
  all member states;
               7.  Bring and prosecute legal proceedings or actions in
  the name of the Commission, provided that the standing of any state
  audiology or speech-language pathology licensing board to sue or be
  sued under applicable law shall not be affected;
               8.  Purchase and maintain insurance and bonds;
               9.  Borrow, accept, or contract for services of
  personnel, including, but not limited to, employees of a member
  state;
               10.  Hire employees, elect or appoint officers, fix
  compensation, define duties, grant individuals appropriate
  authority to carry out the purposes of the Compact, and to establish
  the Commission's personnel policies and programs relating to
  conflicts of interest, qualifications of personnel, and other
  related personnel matters;
               11.  Accept any and all appropriate donations and
  grants of money, equipment, supplies, materials and services, and
  to receive, utilize and dispose of the same; provided that at all
  times the Commission shall avoid any appearance of impropriety
  and/or conflict of interest;
               12.  Lease, purchase, accept appropriate gifts or
  donations of, or otherwise to own, hold, improve or use, any
  property, real, personal or mixed; provided that at all times the
  Commission shall avoid any appearance of impropriety;
               13.  Sell convey, mortgage, pledge, lease, exchange,
  abandon, or otherwise dispose of any property real, personal, or
  mixed;
               14.  Establish a budget and make expenditures;
               15.  Borrow money;
               16.  Appoint committees, including standing committees
  composed of members, and other interested persons as may be
  designated in this Compact and the bylaws;
               17.  Provide and receive information from, and
  cooperate with, law enforcement agencies;
               18.  Establish and elect an Executive Committee; and
               19.  Perform other functions as may be necessary or
  appropriate to achieve the purposes of this Compact consistent with
  the state regulation of audiology and speech-language pathology
  licensure and practice.
         D.  The Executive Committee
         The Executive Committee shall have the power to act on behalf
  of the Commission according to the terms of this Compact:
               1.  The Executive Committee shall be composed of ten
  (10) members:
                     a.  Seven (7) voting members who are elected by
  the Commission from the current membership of the Commission;
                     b.  Two (2) ex-officios, consisting of one
  nonvoting member from a recognized national audiology professional
  association and one nonvoting member from a recognized national
  speech-language pathology association; and
                     c.  One (1) ex-officio, nonvoting member from the
  recognized membership organization of the audiology and
  speech-language pathology licensing boards.
         E.  The ex-officio members shall be selected by their
  respective organizations.
               1.  The Commission may remove any member of the
  Executive Committee as provided in bylaws.
               2.  The Executive Committee shall meet at least
  annually.
               3.  The Executive Committee shall have the following
  duties and responsibilities:
                     a.  Recommend to the entire Commission changes to
  the rules or bylaws, changes to this Compact legislation, fees paid
  by Compact member states such as annual dues, and any commission
  Compact fee charged to licensees for the compact privilege;
                     b.  Ensure Compact administration services are
  appropriately provided, contractual or otherwise;
                     c.  Prepare and recommend the budget;
                     d.  Maintain financial records on behalf of the
  Commission;
                     e.  Monitor Compact compliance of member states
  and provide compliance reports to the Commission;
                     f.  Establish additional committees as necessary;
  and
                     g.  Other duties as provided in rules or bylaws.
               4.  Meetings of the Commission
         All meetings shall be open to the public, and public notice of
  meetings shall be given in the same manner as required under the
  rulemaking provisions in Section 10.
               5.  The Commission or the Executive Committee or other
  committees of the Commission may convene in a closed, non-public
  meeting if the Commission or Executive Committee or other
  committees of the Commission must discuss:
                     a.  Non-compliance of a member state with its
  obligations under the Compact;
                     b.  The employment, compensation, discipline or
  other matters, practices or procedures related to specific
  employees or other matters related to the Commission's internal
  personnel practices and procedures;
                     c.  Current, threatened, or reasonably
  anticipated litigation;
                     d.  Negotiation of contracts for the purchase,
  lease, or sale of goods, services, or real estate;
                     e.  Accusing any person of a crime or formally
  censuring any person;
                     f.  Disclosure of trade secrets or commercial or
  financial information that is privileged or confidential;
                     g.  Disclosure of information of a personal nature
  where disclosure would constitute a clearly unwarranted invasion of
  personal privacy;
                     h.  Disclosure of investigative records compiled
  for law enforcement purposes;
                     i.  Disclosure of information related to any
  investigative reports prepared by or on behalf of or for use of the
  Commission or other committee charged with responsibility of
  investigation or determination of compliance issues pursuant to the
  Compact; or
                     j.  Matters specifically exempted from disclosure
  by federal or member state statute.
               6.  If a meeting, or portion of a meeting, is closed
  pursuant to this provision, the Commission's legal counsel or
  designee shall certify that the meeting may be closed and shall
  reference each relevant exempting provision.
               7.  The Commission shall keep minutes that fully and
  clearly describe all matters discussed in a meeting and shall
  provide a full and accurate summary of actions taken, and the
  reasons therefore, including a description of the views expressed.
  All documents considered in connection with an action shall be
  identified in minutes. All minutes and documents of a closed
  meeting shall remain under seal, subject to release by a majority
  vote of the Commission or order of a court of competent
  jurisdiction.
               8.  Financing of the Commission
                     a.  The Commission shall pay, or provide for the
  payment of, the reasonable expenses of its establishment,
  organization, and ongoing activities.
                     b.  The Commission may accept any and all
  appropriate revenue sources, donations, and grants of money,
  equipment, supplies, materials, and services.
                     c.  The Commission may levy on and collect an
  annual assessment from each member state or impose fees on other
  parties to cover the cost of the operations and activities of the
  Commission and its staff, which must be in a total amount sufficient
  to cover its annual budget as approved each year for which revenue
  is not provided by other sources. The aggregate annual assessment
  amount shall be allocated based upon a formula to be determined by
  the Commission, which shall promulgate a rule binding upon all
  member states.
               9.  The Commission shall not incur obligations of any
  kind prior to securing the funds adequate to meet the same; nor
  shall the Commission pledge the credit of any of the member states,
  except by and with the authority of the member state.
               10.  The Commission shall keep accurate accounts of all
  receipts and disbursements.  The receipts and disbursements of the
  Commission shall be subject to the audit and accounting procedures
  established under its bylaws. However, all receipts and
  disbursements of funds handled by the Commission shall be audited
  yearly by a certified or licensed public accountant, and the report
  of the audit shall be included in and become part of the annual
  report of the Commission.
         F.  Qualified Immunity, Defense, and Indemnification
               1.  The members, officers, executive director,
  employees and representatives of the Commission shall be immune
  from suit and liability, either personally or in their official
  capacity, for any claim for damage to or loss of property or
  personal injury or other civil liability caused by or arising out of
  any actual or alleged act, error or omission that occurred, or that
  the person against whom the claim is made had a reasonable basis for
  believing occurred within the scope of Commission employment,
  duties or responsibilities; provided that nothing in this paragraph
  shall be construed to protect any person from suit and/or liability
  for any damage, loss, injury, or liability caused by the
  intentional or willful or wanton misconduct of that person.
               2.  The Commission shall defend any member, officer,
  executive director, employee or representative of the Commission in
  any civil action seeking to impose liability arising out of any
  actual or alleged act, error, or omission that occurred within the
  scope of Commission employment, duties, or responsibilities, or
  that the person against whom the claim is made had a reasonable
  basis for believing occurred within the scope of Commission
  employment, duties, or responsibilities; provided that nothing
  herein shall be construed to prohibit that person from retaining
  his or her own counsel; and provided further, that the actual or
  alleged act, error, or omission did not result from that person's
  intentional or willful or wanton misconduct.
               3.  The Commission shall indemnify and hold harmless
  any member, officer, executive director, employee, or
  representative of the Commission for the amount of any settlement
  or judgment obtained against that person arising out of any actual
  or alleged act, error or omission that occurred within the scope of
  Commission employment, duties, or responsibilities, or that person
  had a reasonable basis for believing occurred within the scope of
  Commission employment, duties, or responsibilities, provided that
  the actual or alleged act, error, or omission did not result from
  the intentional or willful or wanton misconduct of that person.
  SECTION 9. DATA SYSTEM
         A.  The Commission shall provide for the development,
  maintenance, and utilization of a coordinated database and
  reporting system containing licensure, adverse action, and
  investigative information on all licensed individuals in member
  states.
         B.  Notwithstanding any other provision of state law to the
  contrary, a member state shall submit a uniform data set to the data
  system on all individuals to whom this Compact is applicable as
  required by the rules of the Commission, including:
               1.  Identifying information;
               2.  Licensure data;
               3.  Adverse actions against a license or compact
  privilege;
               4.  Non-confidential information related to
  alternative program participation;
               5.  Any denial of application for licensure, and the
  reason(s) for denial; and
               6.  Other information that may facilitate the
  administration of this Compact, as determined by the rules of the
  Commission.
         C.  Investigative information pertaining to a licensee in
  any member state shall only be available to other member states.
         D.  The Commission shall promptly notify all member states of
  any adverse action taken against a licensee or an individual
  applying for a license. Adverse action information pertaining to a
  licensee in any member state shall be available to any other member
  state.
         E.  Member states contributing information to the data
  system may designate information that may not be shared with the
  public without the express permission of the contributing state.
         F.  Any information submitted to the data system that is
  subsequently required to be expunged by the laws of the member state
  contributing the information shall be removed from the data system.
  SECTION 10. RULEMAKING
         A.  The Commission shall exercise its rulemaking powers
  pursuant to the criteria set forth in this Section and the rules
  adopted thereunder. Rules and amendments shall become binding as
  of the date specified in each rule or amendment.
         B.  If a majority of the legislatures of the member states
  rejects a rule, by enactment of a statute or resolution in the same
  manner used to adopt the Compact within 4 years of the date of
  adoption of the rule, the rule shall have no further force and
  effect in any member state.
         C.  Rules or amendments to the rules shall be adopted at a
  regular or special meeting of the Commission.
         D.  Prior to promulgation and adoption of a final rule or
  rules by the Commission, and at least thirty (30) days in advance of
  the meeting at which the rule shall be considered and voted upon,
  the Commission shall file a Notice of Proposed Rulemaking:
               1.  On the website of the Commission or other publicly
  accessible platform; and
               2.  On the website of each member state audiology or
  speech-language pathology licensing board or other publicly
  accessible platform or the publication in which each state would
  otherwise publish proposed rules.
         E.  The Notice of Proposed Rulemaking shall include:
               1.  The proposed time, date, and location of the
  meeting in which the rule shall be considered and voted upon;
               2.  The text of the proposed rule or amendment and the
  reason for the proposed rule;
               3.  A request for comments on the proposed rule from any
  interested person; and
               4.  The manner in which interested persons may submit
  notice to the Commission of their intention to attend the public
  hearing and any written comments.
         F.  Prior to the adoption of a proposed rule, the Commission
  shall allow persons to submit written data, facts, opinions and
  arguments, which shall be made available to the public.
         G.  The Commission shall grant an opportunity for a public
  hearing before it adopts a rule or amendment if a hearing is
  requested by:
               1.  At least twenty-five (25) persons;
               2.  A state or federal governmental subdivision or
  agency; or
               3.  An association having at least twenty-five (25)
  members.
         H.  If a hearing is held on the proposed rule or amendment,
  the Commission shall publish the place, time, and date of the
  scheduled public hearing. If the hearing is held via electronic
  means, the Commission shall publish the mechanism for access to the
  electronic hearing.
               1.  All persons wishing to be heard at the hearing shall
  notify the executive director of the Commission or other designated
  member in writing of their desire to appear and testify at the
  hearing not less than five (5) business days before the scheduled
  date of the hearing.
               2.  Hearings shall be conducted in a manner providing
  each person who wishes to comment a fair and reasonable opportunity
  to comment orally or in writing.
               3.  All hearings shall be recorded. A copy of the
  recording shall be made available on request.
               4.  Nothing in this section shall be construed as
  requiring a separate hearing on each rule. Rules may be grouped for
  the convenience of the Commission at hearings required by this
  section.
         I.  Following the scheduled hearing date, or by the close of
  business on the scheduled hearing date if the hearing was not held,
  the Commission shall consider all written and oral comments
  received.
         J.  If no written notice of intent to attend the public
  hearing by interested parties is received, the Commission may
  proceed with promulgation of the proposed rule without a public
  hearing.
         K.  The Commission shall, by majority vote of all members,
  take final action on the proposed rule and shall determine the
  effective date of the rule, if any, based on the rulemaking record
  and the full text of the rule.
         L.  Upon determination that an emergency exists, the
  Commission may consider and adopt an emergency rule without prior
  notice, opportunity for comment, or hearing, provided that the
  usual rulemaking procedures provided in the Compact and in this
  section shall be retroactively applied to the rule as soon as
  reasonably possible, in no event later than ninety (90) days after
  the effective date of the rule. For the purposes of this provision,
  an emergency rule is one that must be adopted immediately in order
  to:
               1.  Meet an imminent threat to public health, safety,
  or welfare;
               2.  Prevent a loss of Commission or member state funds;
  or
               3.  Meet a deadline for the promulgation of an
  administrative rule that is established by federal law or rule.
         M.  The Commission or an authorized committee of the
  Commission may direct revisions to a previously adopted rule or
  amendment for purposes of correcting typographical errors, errors
  in format, errors in consistency, or grammatical errors. Public
  notice of any revisions shall be posted on the website of the
  Commission. The revision shall be subject to challenge by any
  person for a period of thirty (30) days after posting. The revision
  may be challenged only on grounds that the revision results in a
  material change to a rule. A challenge shall be made in writing and
  delivered to the chair of the Commission prior to the end of the
  notice period. If no challenge is made, the revision shall take
  effect without further action. If the revision is challenged, the
  revision may not take effect without the approval of the
  Commission.
  SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
         A.  Dispute Resolution
               1.  Upon request by a member state, the Commission
  shall attempt to resolve disputes related to the Compact that arise
  among member states and between member and non-member states.
               2.  The Commission shall promulgate a rule providing
  for both mediation and binding dispute resolution for disputes as
  appropriate.
         B.  Enforcement
               1.  The Commission, in the reasonable exercise of its
  discretion, shall enforce the provisions and rules of this Compact.
               2.  By majority vote, the Commission may initiate legal
  action in the United States District Court for the District of
  Columbia or the federal district where the Commission has its
  principal offices against a member state in default to enforce
  compliance with the provisions of the Compact and its promulgated
  rules and bylaws. The relief sought may include both injunctive
  relief and damages. In the event judicial enforcement is necessary,
  the prevailing member shall be awarded all costs of litigation,
  including reasonable attorney's fees.
               3.  The remedies herein shall not be the exclusive
  remedies of the Commission. The Commission may pursue any other
  remedies available under federal or state law.
  SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
  FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND
  ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
         A.  The Compact shall come into effect on the date on which
  the Compact statute is enacted into law in the 1Oth member state.
  The provisions, which become effective at that time, shall be
  limited to the powers granted to the Commission relating to
  assembly and the promulgation of rules. Thereafter, the Commission
  shall meet and exercise rulemaking powers necessary to the
  implementation and administration of the Compact.
         B.  Any state that joins the Compact subsequent to the
  Commission's initial adoption of the rules shall be subject to the
  rules as they exist on the date on which the Compact becomes law in
  that state. Any rule that has been previously adopted by the
  Commission shall have the full force and effect of law on the day
  the Compact becomes law in that state.
         C.  Any member state may withdraw from this Compact by
  enacting a statute repealing the same.
               1.  A member state's withdrawal shall not take effect
  until six (6) months after enactment of the repealing statute.
               2.  Withdrawal shall not affect the continuing
  requirement of the withdrawing state's audiology or
  speech-language pathology licensing board to comply with the
  investigative and adverse action reporting requirements of this act
  prior to the effective date of withdrawal.
         D.  Nothing contained in this Compact shall be construed to
  invalidate or prevent any audiology or speech-language pathology
  licensure agreement or other cooperative arrangement between a
  member state and a non-member state that does not conflict with the
  provisions of this Compact.
         E.  This Compact may be amended by the member states. No
  amendment to this Compact shall become effective and binding upon
  any member state until it is enacted into the laws of all member
  states.
  SECTION 13. CONSTRUCTION AND SEVERABILITY
         This Compact shall be liberally construed so as to effectuate
  the purposes thereof. The provisions of this Compact shall be
  severable and if any phrase, clause, sentence or provision of this
  Compact is declared to be contrary to the constitution of any member
  state or of the United States or the applicability thereof to any
  government, agency, person or circumstance is held invalid, the
  validity of the remainder of this Compact and the applicability
  thereof to any government, agency, person or circumstance shall not
  be affected thereby. If this Compact shall be held contrary to the
  constitution of any member state, the Compact shall remain in full
  force and effect as to the remaining member states and in full force
  and effect as to the member state affected as to all severable
  matters.
  SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
         A.  Nothing herein prevents the enforcement of any other law
  of a member state that is not inconsistent with the Compact.
         B.  All laws in a member state in conflict with the Compact
  are superseded to the extent of the conflict.
         C.  All lawful actions of the Commission, including all rules
  and bylaws promulgated by the Commission, are binding upon the
  member states.
         D.  All agreements between the Commission and the member
  states are binding in accordance with their terms.
         E.  In the event any provision of the Compact exceeds the
  constitutional limits imposed on the legislature of any member
  state, the provision shall be ineffective to the extent of the
  conflict with the constitutional provision in question in that
  member state.
         Sec. 401.552.  ADMINISTRATION OF COMPACT. The department is
  the Audiology and Speech-Language Pathology Compact administrator
  for this state.
         Sec. 401.553.  RULES. The commission may adopt rules
  necessary to implement this subchapter.
         SECTION 2.  This Act takes effect September 1, 2021.