89R43 SCP-D     By: Oliverson H.B. No. 4409       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   Interstate 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. Chapter 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 Commission;                3.  Has successfully passed a national examination   approved by the Commission;                4.  Holds an active, unencumbered license;                5.  Has not been convicted or found guilty, and has not   entered into an agreed disposition, of a felony related to the   practice of audiology, under applicable state or federal criminal   law;                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, the member state may   recover from the affected audiologist or speech-language   pathologist the costs of investigations and disposition of cases   resulting from any adverse action taken against that audiologist or   speech-language pathologist.          E.  The member state may take adverse action based on the   factual findings of the remote state, provided that the member   state follows the member state's own procedures for taking the   adverse action.          F.  Joint Investigations                1.  In addition to the authority granted to a member   state by its respective audiology or speech-language pathology   practice act or other applicable state law, any member state may   participate with other member states in joint investigations of   licensees.                2.  Member states shall share any investigative,   litigation, or compliance materials in furtherance of any joint or   individual investigation initiated under the Compact.          G.  If adverse action is taken by the home state against an   audiologist's or speech language pathologist's license, the   audiologist's or speech-language pathologist's privilege to   practice in all other member states shall be deactivated until all   encumbrances have been removed from the state license. All home   state disciplinary orders that impose adverse action against an   audiologist's or speech language pathologist's license shall   include a statement that the audiologist's or speech-language   pathologist's privilege to practice is deactivated in all member   states during the pendency of the order.          H.  If a member state takes adverse action, it shall promptly   notify the administrator of the data system. The administrator of   the data system shall promptly notify the home state of any adverse   actions by remote states.          I.  Nothing in this Compact shall override a member state's   decision that participation in an alternative program may be used   in lieu of adverse action.   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 Interstate 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, 2025.