HB 79 — AUDIOLOGY & SPEECH-LANGUAGE PATHOLOGY COMPACT

du r[ e 22 T.

"single-state license" means an audiology or c.230892.2 e- s5 k- 23HJC/HB 79 speech-language pathology license issued by a member state that e a n b 24 authorizes practice only within the issuing state and does not u [ include a privilege to practice in any other member state;

.229357.1 - 5 - U.

"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 e t 17 methods and grounds for imposing discipline;

and w l n d 18 Y.

"telehealth" means the application of = = 19 telecommunication technology to deliver audiology or speech- a l i a e tr 1720 language pathology services at a distance for assessment, wa lt nm dm 1821 intervention or consultation.

=d =r 19e a22 l SECTION 4.

[NEW MATERIAL] STATE PARTICIPATION IN THE ic a e rs 20k 23 COMPACT.-- e a tn mb m24 21 A.

A license issued to an audiologist or speech- du r[ e 22 language pathologist by a home state to a resident in that c.230892.2 e- s6 k- 23HJC/HB 79 state shall be recognized by each member state as authorizing e a n b 24 an audiologist or speech-language pathologist to practice u [ audiology or speech-language pathology, under a privilege to .229357.1 - 6 - practice, in each member state.

(1) a member state shall fully implement a criminal background check requirement, within a time frame established by rule by receiving the results of the federal e t 17 bureau of investigation record search on criminal background w l n d 18 checks and use the results in making licensure decision;

and = = 19 (2) communication between a member state, the a l i a e tr 1720 commission and among member states regarding the verification wa lt nm dm 1821 of eligibility for licensure through the compact shall not =d =r 19e a22 l include any information received from the federal bureau of ic a e rs 20k 23 investigation relating to a federal criminal records check e a tn mb m24 21 performed by a member state under Public Law 92-544.

du r[ e 22 C.

Upon application for a privilege to practice, c.230892.2 e- s7 k- 23HJC/HB 79 the licensing board in the issuing remote state shall ascertain e a n b 24 through the data system whether the applicant has ever held, or u [ is the holder of, a license issued by any other state, whether .229357.1 - 7 - there are any encumbrances on any license or privilege to practice held by the applicant and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

An audiologist seeking privilege to practice shall:

(a) on or before December 31, 2007, have graduated with a master's degree or doctorate in audiology, or e t 17 equivalent degree regardless of degree name from a program that w l n d 18 is accredited by an accrediting agency recognized by the e= t= 1719 council for higher education accreditation, or its successor, wa l ni da 18e r 20 or by the United States department of education and operated by =a =t 19m am l21 a college or university accredited by a regional or national id ar e r22 20 accrediting organization recognized by the licensing board;

ac te ms mk 2123 (b) on or after January 1, 2008, have de ra en 22b 24 graduated with a doctoral degree in audiology, or equivalent cu e[ s k 23 degree, regardless of degree name, from a program that is e.230892.2 a- n8 b- 24HJC/HB 79 accredited by an accrediting agency recognized by the council u [ for higher education accreditation, or its successor, or by the .229357.1 - 8 - United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board;

(2) have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the licensingcommission; board;

(3) have successfully passed a national e t 17 examination approved by the commission;

w l n d 18 (4) hold an active, unencumbered license;

e= t= 1719 (5) have not been convicted or found guilty, wa l ni da 18e r 20 and have not entered into an agreed disposition, of a felony =a =t 19m am l21 related to the practice of audiology, under applicable state or id ar e r22 20 federal criminal law;

and ac te ms mk 2123 (6) have a valid United States social security de ra en 22b 24 number or national practitioner identification number.

cu e[ s k 23 F.

A speech-language pathologist seeking privilege e a n b 24 to practice shall:

u.230892.2 [- 9 - HJC/HB 79 (1) meet one of the following educational .229357.1 - 9 - requirements:

e t 17 (2) have completed a supervised clinical ew tl 17n d 18 practicum experience from an educational institution or its w= l= n19 d 18 cooperating programs as required by the commission;

=a =l 19i a le r 20 (3) have completed a supervised post-graduate i a et rm 20m 21 professional experience as required by the commission;

ad tr me m22 21 (4) have successfully passed a national dc r e 22s k 23 examination approved by the commission;

c e sa kn 23b 24 (5) hold an active, unencumbered license;

eu a[ n b 24 (6) have not been convicted or found guilty, u.230892.2 [- 10 - HJC/HB 79 and have not entered into an agreed disposition, of a felony .229357.1 - 10 - related to the practice of speech-language pathology under applicable state or federal criminal law;

The practice of audiology and speech-language pathology in a member state under a privilege to practice shall e t 17 subject an audiologist or speech-language pathologist to the ew tl 17n d 18 jurisdiction of the licensing board, the courts and the laws of w= l= n19 d 18 the member state in which the client is located at the time =a =l 19i a le r 20 service is provided.

i a et rm 20m 21 I.

Individuals not residing in a member state shall ad tr me m22 21 continue to be able to apply for a member state's single-state dc r e 22s k 23 license as provided under the laws of each member state.

c e sa kn 23b 24 However, the single-state license granted to these individuals eu a[ n b 24 shall not be recognized as granting the privilege to practice u.230892.2 [- 11 - HJC/HB 79 audiology or speech-language pathology in any other member .229357.1 - 11 - state.

(3) be eligible for a compact privilege in any member state in accordance with Section 4 of the Audiology and e t 17 Speech-Language Pathology Interstate Compact;

ew tl 17n d 18 (4) have not had any adverse action against w= l= n19 d 18 any license or compact privilege within the previous two years =a =l 19i a le r 20 from date of application;

i a et rm 20m 21 (5) notify the commission that the licensee is ad tr me m22 21 seeking the compact privilege within a remote state;

dc r e 22s k 23 (6) pay any applicable fees, including any c e sa kn 23b 24 state fee, for the compact privilege;

and eu a[ n b 24 (7) report to the commission adverse action u.230892.2 [- 12 - HJC/HB 79 taken by any non-member state within thirty days from the date .229357.1 - 12 - the adverse action is taken.

e t 17 E.

A license shall not be issued by a new home ew tl 17n d 18 state until the audiologist or speech-language pathologist w= l= n19 d 18 provides satisfactory evidence of a change in primary state of =a =l 19i a le r 20 residence to the new home state and satisfies all applicable i a et rm 20m 21 requirements to obtain a license from the new home state.

ad tr me m22 21 F.

If an audiologist or speech-language pathologist dc r e 22s k 23 changes a primary state of residence by moving from a member c e sa kn 23b 24 state to a non-member state, the license issued by the prior eu a[ n b 24 home state shall convert to a single-state license, valid only u.230892.2 [- 13 - HJC/HB 79 in the former home state.

.229357.1 - 13 - G.

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 or take any other necessary actions to protect the health and safety of the remote state's e t 17 residents.

ew tl 17n d 18 J.

If a home state license is encumbered, the w= l= n19 d 18 licensee shall lose the compact privilege in any remote state =a =l 19i a le r 20 until the following occur:

i a et rm 20m 21 (1) the home state license is no longer ad tr me m22 21 encumbered;

and dc r e 22s k 23 (2) two years have elapsed from the date of c e sa kn 23b 24 the adverse action.

eu a[ n b 24 K.

Once an encumbered license in the home state is u.230892.2 [- 14 - HJC/HB 79 restored to good standing, the licensee shall meet the .229357.1 - 14 - requirements of Subsection A of this section to obtain a compact privilege in any remote state.

e t 17 SECTION 7.

[NEW MATERIAL] ACTIVE DUTY MILITARY PERSONNEL ew tl 17n d 18 OR THEIR SPOUSES.--Active duty military personnel, or the w= l= n19 d 18 active duty military personnel's spouse, shall designate a home =a =l 19i a le r 20 state where the individual has a current license in good i a et rm 20m 21 standing.

The individual may retain the home state designation ad tr me m22 21 during the period the service member is on active duty.

dc r e 22s k 23 Subsequent to designating a home state, the individual shall c e sa kn 23b 24 only change the home state through application for licensure in eu a[ n b 24 the new state.

u.230892.2 [- 15 - HJC/HB 79 SECTION 8.

[NEW MATERIAL] ADVERSE ACTIONS.-- .229357.1 - 15 - A.

The e t 17 issuing authority shall pay any witness fees, travel expenses, ew tl 17n d 18 mileage and other fees required by the service statutes of the w= l= n19 d 18 state in which the witnesses or evidence are located;

and =a =l 19i a le r 20 (3) only the home state shall have the power i a et rm 20m 21 to take adverse action against an audiologist's or a speech- ad tr me m22 21 language pathologist's license issued by the home state.

dc r e 22s k 23 B.

For purposes of taking adverse action, the home c e sa kn 23b 24 state shall give the same priority and effect to reported eu a[ n b 24 conduct received from a member state as it would if the conduct u.230892.2 [- 16 - HJC/HB 79 had occurred within the home state.

In so doing, the home .229357.1 - 16 - state shall apply its own state laws to determine appropriate action.

e t 17 E.

The member state may take adverse action based ew tl 17n d 18 on the factual findings of the remote state, provided that the w= l= n19 d 18 member state follows the member state's own procedures for =a =l 19i a le r 20 taking the adverse action.

i a et rm 20m 21 F.

In addition to the authority granted to a member ad tr me m22 21 state by its respective audiology or speech-language pathology dc r e 22s k 23 practice act or other applicable state law, any member state c e sa kn 23b 24 may participate with other member states in joint eu a[ n b 24 investigations of licensees.

Member states shall share any u.230892.2 [- 17 - HJC/HB 79 investigative, litigation or compliance materials in .229357.1 - 17 - furtherance of any joint or individual investigation initiated under the compact.

The e t 17 administrator of the data system shall promptly notify the home ew tl 17n d 18 state of any adverse actions by remote states.

w= l= n19 d 18 I.

Nothing in this compact shall override a member =a =l 19i a le r 20 state's decision that participation in an alternative program i a et rm 20m 21 may be used in lieu of adverse action.

ad tr me m22 21 SECTION 9.

[NEW MATERIAL] AUDIOLOGY AND SPEECH-LANGUAGE dc r e 22s k 23 PATHOLOGY COMPACT COMMISSION--CREATED.-- c e sa kn 23b 24 A.

The compact member states hereby create and eu a[ n b 24 establish a joint public agency known as "the audiology and u.230892.2 [- 18 - HJC/HB 79 speech-language pathology compact commission", subject to the .229357.1 - 18 - following provisions:

(1) each member state shall have two delegates e t 17 on the commission selected by that member state's licensing ew tl 17n d 18 board.

The delegates shall be current members of the licensing w= l= n19 d 18 board.

One delegate shall be an audiologist and one delegate =a =l 19i a le r 20 shall be a speech-language pathologist;

i a et rm 20m 21 (2) an additional five delegates, who are ad tr me m22 21 either public members or board administrators from a state dc r e 22s k 23 licensing board, shall be chosen at large by the executive c e sa kn 23b 24 committee from a pool of nominees provided by the commission;

eu a[ n b 24 (3) any delegate may be removed or suspended u.230892.2 [- 19 - HJC/HB 79 from the commission as provided by the law of the state from .229357.1 - 19 - which the delegate is appointed;

e t 17 C.

ew tl 17n d 18 (1) establish the fiscal year of the w= l= n19 d 18 commission;

=a =l 19i a le r 20 (2) establish bylaws;

i a et rm 20m 21 (3) establish a code of ethics;

ad tr me m22 21 (4) maintain financial records in accordance dc r e 22s k 23 with the bylaws;

c e sa kn 23b 24 (5) meet and take actions as are consistent eu a[ n b 24 with the provisions of this compact and the bylaws;

u.230892.2 [- 20 - HJC/HB 79 (6) promulgate uniform rules to facilitate and .229357.1 - 20 - coordinate implementation and administration of this compact.

(10) hire employees, elect or appoint officers, fix compensation, define duties and grant individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs e t 17 relating to conflicts of interest, qualifications of personnel ew tl 17n d 18 and other related personnel matters;

w= l= n19 d 18 (11) accept any and all appropriate donations =a =l 19i a le r 20 and grants of money, equipment, supplies, materials and i a et rm 20m 21 services and receive, utilize and dispose of the same;

provided ad tr me m22 21 that at all times the commission shall avoid any appearance of dc r e 22s k 23 impropriety or conflict of interest;

c e sa kn 23b 24 (12) lease, purchase, accept appropriate gifts eu a[ n b 24 or donations of, or otherwise to own, hold, improve or use, any u.230892.2 [- 21 - HJC/HB 79 property, real, personal or mixed;

provided that at all times .229357.1 - 21 - the commission shall avoid any appearance of impropriety;

and (19) perform other functions as may be necessary or appropriate to achieve the purposes of this e t 17 compact consistent with the state regulation of audiology and ew tl 17n d 18 speech-language pathology licensure and practice.

w= l= n19 d 18 D.

The executive committee shall have the power to =a =l 19i a le r 20 act on behalf of the commission according to the terms of this i a et rm 20m 21 compact and shall be composed of ten members as follows:

ad tr me m22 21 (1) seven voting members who are elected by dc r e 22s k 23 the commission from the current membership of the commission;

c e sa kn 23b 24 (2) two non-voting ex-officio members, one a eu a[ n b 24 member from a recognized national audiology professional u.230892.2 [- 22 - HJC/HB 79 association and one a member from a recognized national speech- .229357.1 - 22 - language pathology association;

(1) recommend to the 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 e t 17 compact fee charged to licensees for the compact privilege;

ew tl 17n d 18 (2) ensure that compact administration w= l= n19 d 18 services are appropriately provided, contractual or otherwise;

=a =l 19i a le r 20 (3) prepare and recommend a budget;

i a et rm 20m 21 (4) maintain financial records on behalf of ad tr me m22 21 the commission;

dc r e 22s k 23 (5) monitor compact compliance of member c e sa kn 23b 24 states and provide compliance reports to the commission;

eu a[ n b 24 (6) establish additional committees as u.230892.2 [- 23 - HJC/HB 79 necessary;

and .229357.1 - 23 - (7) carry out other duties as provided in the rules or bylaws.

(2) the employment, compensation, discipline or other matters, practices or procedures related to specific e t 17 employees or other matters related to the commission's internal ew tl 17n d 18 personnel practices and procedures;

w= l= n19 d 18 (3) current, threatened or reasonably =a =l 19i a le r 20 anticipated litigation;

i a et rm 20m 21 (4) negotiation of contracts for the purchase, ad tr me m22 21 lease or sale of goods, services or real estate;

dc r e 22s k 23 (5) accusations made of any person of a crime c e sa kn 23b 24 or formal censuring of any person;

eu a[ n b 24 (6) disclosure of trade secrets or commercial u.230892.2 [- 24 - HJC/HB 79 or financial information that is privileged or confidential;

.229357.1 - 24 - (7) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

If a meeting of the commission, executive committee or other committee of the commission, or portion of a meeting, is closed pursuant to Subsection J of this section, e t 17 the commission's legal counsel or designee shall certify that ew tl 17n d 18 the meeting may be closed and shall reference each relevant w= l= n19 d 18 exempting provision.

=a =l 19i a le r 20 L.

The commission shall keep minutes that fully and i a et rm 20m 21 clearly describe all matters discussed in a meeting and shall ad tr me m22 21 provide a full and accurate summary of actions taken, and the dc r e 22s k 23 reasons therefor, including a description of the views c e sa kn 23b 24 expressed.

All documents considered in connection with an eu a[ n b 24 action shall be identified in the minutes.

All minutes and u.230892.2 [- 25 - HJC/HB 79 documents of a closed meeting shall remain under seal, subject .229357.1 - 25 - to release by a majority vote of the commission or order of a court of competent jurisdiction.

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 e t 17 all member states.

ew tl 17n d 18 N.

The commission shall not incur obligations of w= l= n19 d 18 any kind prior to securing the funds adequate to meet the =a =l 19i a le r 20 obligations;

nor shall the commission pledge the credit of any i a et rm 20m 21 of the member states, except by and with the authority of the ad tr me m22 21 member state.

dc r e 22s k 23 O.

The commission shall keep accurate accounts of c e sa kn 23b 24 all receipts and disbursements.

The receipts and disbursements eu a[ n b 24 of the commission shall be subject to the audit and accounting u.230892.2 [- 26 - HJC/HB 79 procedures established under its bylaws.

However, all receipts .229357.1 - 26 - 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.

provided e t 17 that nothing in this subsection shall be construed to protect ew tl 17n d 18 any person from suit or liability for any damage, loss, injury w= l= n19 d 18 or liability caused by the intentional or willful or wanton =a =l 19i a le r 20 misconduct of that person.

i a et rm 20m 21 B.

The commission shall defend any member, officer, ad tr me m22 21 executive director, employee or representative of the dc r e 22s k 23 commission in any civil action seeking to impose liability c e sa kn 23b 24 arising out of any actual or alleged act, error or omission eu a[ n b 24 that occurred within the scope of commission employment, duties u.230892.2 [- 27 - HJC/HB 79 or responsibilities, or that the person against whom the claim .229357.1 - 27 - is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities;

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 the person had a reasonable basis for believing occurred within the scope of commission employment, e t 17 duties or responsibilities;

provided that the actual or alleged ew tl 17n d 18 act, error or omission did not result from the intentional or w= l= n19 d 18 willful or wanton misconduct of that person.

=a =l 19i a le r 20 SECTION 11.

[NEW MATERIAL] DATA SYSTEM.-- i a et rm 20m 21 A.

The commission shall provide for the ad tr me m22 21 development, maintenance and utilization of a coordinated dc r e 22s k 23 database and reporting system containing licensure, adverse c e sa kn 23b 24 action and investigative information on all licensed eu a[ n b 24 individuals in member states.

u.230892.2 [- 28 - HJC/HB 79 B.

Notwithstanding any other provision of state law .229357.1 - 28 - 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:

e t 17 C.

Investigative information pertaining to a ew tl 17n d 18 licensee in any member state shall only be available to other w= l= n19 d 18 member states.

=a =l 19i a le r 20 D.

The commission shall promptly notify all member i a et rm 20m 21 states of any adverse action taken against a licensee or an ad tr me m22 21 individual applying for a license.

Adverse action information dc r e 22s k 23 pertaining to a licensee in any member state shall be available c e sa kn 23b 24 to any other member state.

eu a[ n b 24 E.

Member states contributing information to the u.230892.2 [- 29 - HJC/HB 79 data system may designate information that may not be shared .229357.1 - 29 - with the public without the express permission of the contributing state.

If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years e t 17 of the date of adoption of the rule, the rule shall have no ew tl 17n d 18 further force and effect in any member state.

w= l= n19 d 18 C.

Rules or amendments to the rules shall be =a =l 19i a le r 20 adopted at a regular or special meeting of the commission.

i a et rm 20m 21 D.

Prior to promulgation and adoption of a final ad tr me m22 21 rule by the commission, and at least thirty days in advance of dc r e 22s k 23 the meeting at which the rule shall be considered and voted c e sa kn 23b 24 upon, the commission shall file a notice of proposed eu a[ n b 24 rulemaking:

u.230892.2 [- 30 - HJC/HB 79 (1) on the website of the commission or other .229357.1 - 30 - publicly accessible platform;

and (4) the manner in which interested persons may submit notice to the commission of their intention to attend e t 17 the public hearing and any written comments.

ew tl 17n d 18 F.

Prior to the adoption of a proposed rule, the w= l= n19 d 18 commission shall allow persons to submit written data, facts, =a =l 19i a le r 20 opinions and arguments, which shall be made available to the i a et rm 20m 21 public.

ad tr me m22 21 G.

The commission shall grant an opportunity for a dc r e 22s k 23 public hearing before it adopts a rule or amendment if a c e sa kn 23b 24 hearing is requested by:

eu a[ n b 24 (1) at least twenty-five persons;

u.230892.2 [- 31 - HJC/HB 79 (2) a state or federal governmental .229357.1 - 31 - subdivision or agency;

e t 17 (2) hearings shall be conducted in a manner ew tl 17n d 18 that provides each person who wishes to comment a fair and w= l= n19 d 18 reasonable opportunity to comment orally or in writing;

=a =l 19i a le r 20 (3) all hearings shall be recorded and a copy i a et rm 20m 21 of the recording shall be made available on request;

and ad tr me m22 21 (4) nothing in this section shall be construed dc r e 22s k 23 as requiring a separate hearing on each rule.

Rules may be c e sa kn 23b 24 grouped for the convenience of the commission at hearings eu a[ n b 24 required by this section.

u.230892.2 [- 32 - HJC/HB 79 I.

Following the scheduled hearing date, or by the .229357.1 - 32 - close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

provided that the usual rulemaking procedures provided in the e t 17 compact and in this section shall be retroactively applied to ew tl 17n d 18 the rule as soon as reasonably possible, but in no event later w= l= n19 d 18 than ninety days after the effective date of the rule.

For the =a =l 19i a le r 20 purposes of this provision, an emergency rule is one that must i a et rm 20m 21 be adopted immediately in order to:

ad tr me m22 21 (1) meet an imminent threat to public health, dc r e 22s k 23 safety or welfare;

c e sa kn 23b 24 (2) prevent a loss of commission or member eu a[ n b 24 state funds;

or u.230892.2 [- 33 - HJC/HB 79 (3) meet a deadline for the promulgation of an .229357.1 - 33 - administrative rule that is established by federal law or rule.

e t 17 SECTION 13.

[NEW MATERIAL] OVERSIGHT, DISPUTE RESOLUTION e t 17 AND ENFORCEMENT.-- w l n d 18 AND ENFORCEMENT.-- = = 19 A.

Upon request by a member state, the commission =a =l 19i a le r 20 shall attempt to resolve disputes related to the compact that i a et rm 20m 21 arise among member states and between member and non-member ad tr me m22 21 states.

dc r e 22s k 23 B.

The commission shall promulgate a rule providing c e sa kn 23b 24 for both mediation and binding dispute resolution for disputes eu a[ n b 24 as appropriate.

u.230892.2 [- 34 - HJC/HB 79 C.

The commission, in the reasonable exercise of .229357.1 - 34 - its discretion, shall enforce the provisions and rules of this compact.

The commission may pursue any other remedies available under federal or state e t 17 law.

ew tl 17n d 18 SECTION 14.

[NEW MATERIAL] DATE OF IMPLEMENTATION OF THE w= l= n19 d 18 AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT AND =a =l 19i a le r 20 ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT.-- i a et rm 20m 21 A.

The compact shall come into effect on the date ad tr me m22 21 on which the compact statute is enacted into law in the tenth dc r e 22s k 23 member state.

The provisions, which become effective at that c e sa kn 23b 24 time, shall be limited to the powers granted to the commission eu a[ n b 24 relating to assembly and the promulgation of rules.

u.230892.2 [- 35 - HJC/HB 79 Thereafter, the commission shall meet and exercise rulemaking .229357.1 - 35 - powers necessary to the implementation and administration of the compact.

and (2) withdrawal shall not affect the continuing requirement of the withdrawing state's audiology and speech- e t 17 language pathology licensing board to comply with the ew tl 17n d 18 investigative and adverse action reporting requirements of this w= l= n19 d 18 compact prior to the effective date of withdrawal.

=a =l 19i a le r 20 D.

Nothing contained in this compact shall be i a et rm 20m 21 construed to invalidate or prevent any audiology and speech- ad tr me m22 21 language pathology licensure agreement or other cooperative dc r e 22s k 23 arrangement between a member state and a non-member state that c e sa kn 23b 24 does not conflict with the provisions of this compact.

eu a[ n b 24 E.

This compact may be amended by the member u.230892.2 [- 36 - HJC/HB 79 states.

No amendment to this compact shall become effective .229357.1 - 36 - and binding upon any member state until it is enacted into the laws of all member states.

If this compact is 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 e t 17 full force and effect as to the member state affected as to all ew tl 17n d 18 severable matters.

w= l= n19 d 18 SECTION 16.

[NEW MATERIAL] BINDING EFFECT OF COMPACT AND =a =l 19i a le r 20 OTHER LAWS.-- i a et rm 20m 21 A.

Nothing in this compact prevents the enforcement ad tr me m22 21 of any other law of a member state that is not inconsistent dc r e 22s k 23 with the compact.

c e sa kn 23b 24 B.

All laws in a member state in conflict with the eu a[ n b 24 compact are superseded to the extent of the conflict.

u.230892.2 [- 37 - HJC/HB 79 C.

All lawful actions of the commission, including .229357.1 - 37 - all rules and bylaws promulgated by the commission, are binding upon the member states.

Section 61-14B-11 NMSA 1978 (being Laws 1996, Chapter 57, Section 11, as amended) is amended to read:

"61-14B-11.

BOARD POWERS AND DUTIES--CRIMINAL HISTORY BACKGROUND CHECKS.--The board shall:

A.

promulgate rules necessary to carry out the provisions of the Speech-Language Pathology, Audiology and e t 17 Hearing Aid Dispensing Practices Act in accordance with the w l n d 18 State Rules Act;

= = 19 B.

promulgate rules implementing continuing a l i a e r 20 education requirements;

a t m m 21 C.

adopt a code of ethics that includes rules d r e 22 requiring audiologists and hearing aid dispensers, at the time c e s k 23 of the initial examination for possible sale and fitting of a e a n b 24 hearing aid if a hearing loss is determined, to inform each u [ prospective purchaser about hearing aid options that can .230892.2 - 38 - HJC/HB 79 provide a direct connection between the hearing aid and assistive listening systems.

These rules shall be in accordance with the latest standards for accessible design adopted by the United States department of justice in accordance with the federal Americans with Disabilities Act of 1990, as amended;

D.

conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform Licensing Act;

E.

investigate complaints against licensees by issuing investigative subpoenas prior to the issuance of a notice of contemplated action;

F.

establish fees for licensure;

G.

provide for the licensing and renewal of licenses of applicants;

[and] e t 17 H.

promulgate rules that provide for expedited w l n d 18 licensure and temporary permits for speech-language = = 19 pathologists, audiologists or hearing aid dispensers;

a l i a e r 20 I.

prescribe the procedures, forms and manner of a t m m 21 submitting an applicant's full set of fingerprints for state d r e 22 and federal criminal history background reports that the board c e s k 23 uses to evaluate the applicant's qualification for licensure;

e a n b 24 and u [ J.

require an applicant, as a condition of .230892.2 - 39 - HJC/HB 79 eligibility for initial licensure, to submit a full set of fingerprints to the department of public safety to obtain state and national criminal history record information on the applicant.

State and national criminal history record reports are confidential and not public records.

The board shall not disseminate criminal history record information across state lines." SECTION 18.

- 3840 - 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229357.1.230892.2