HB 11 — AUDIOLOGY & SPEECH-LANGUAGE PATHOLOGY COMPACT

"privilege to practice" means a legal e t 17 authorization permitting the practice of audiology or speech- w l n d 18 language pathology in a remote state;

= = 19 a l R.

"remote state" means a member state other than i a e r 20 the home state where a licensee is exercising or seeking to ae t m17 m 21 exercise the compact privilege;

dw rl en 22d 18 S.

"rule" means a regulation, principle or c= e= s19 k 23 directive promulgated by the commission that has the force of ea l i a ne br 2420 law;

ua [t m m 21 T.

"single-state license" means an audiology or .232735.1d -r 5e -22 speech-language pathology license issued by a member state that c e s k 23 authorizes practice only within the issuing state and does not e a n b 24 include a privilege to practice in any other member state;

u [ U.

"speech-language pathologist" means an .233411.1 - 4 - HJC/HB 11 individual who is licensed by a state to practice speech- language pathology;

"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 a l telecommunication technology to deliver audiology or speech- i a e r 20 language pathology services at a distance for assessment, ae t m17 m 21 intervention or consultation.

dw rl en 22d 18 SECTION 4.3.

[NEW MATERIAL] STATE PARTICIPATION IN THE c= e= s19 kCOMPACT.-- 23a COMPACT.--l ei a ne br 2420 A.

A license issued to an audiologist or speech- ua [t m m 21 language pathologist by a home state to a resident in that .232735.1d -r 6e -22 state shall be recognized by each member state as authorizing c e s k 23 an audiologist or speech-language pathologist to practice e a n b 24 audiology or speech-language pathology, under a privilege to u [ practice, in each member state.

.233411.1 - 5 - HJC/HB 11 B.

(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 a l (2) communication between a member state, the i a e r 20 commission and among member states regarding the verification ae t m17 m 21 of eligibility for licensure through the compact shall not dw rl en 22d 18 include any information received from the federal bureau of c= e= s19 k 23 investigation relating to a federal criminal records check ea l i a ne br 2420 performed by a member state under Public Law 92-544.

ua [t m m 21 C.

Upon application for a privilege to practice, .232735.1d -r 7e -22 the licensing board in the issuing remote state shall ascertain c e s k 23 through the data system whether the applicant has ever held, or e a n b 24 is the holder of, a license issued by any other state, whether u [ there are any encumbrances on any license or privilege to .233411.1 - 6 - HJC/HB 11 practice held by the applicant and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

(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 = = 19 a l council for higher education accreditation, or its successor, i a e r 20 or by the United States department of education and operated by ae t m17 m 21 a college or university accredited by a regional or national dw rl en 22d 18 accrediting organization recognized by the licensing board;

c= e= s19 k 23 (b) on or after January 1, 2008, have ea l i a ne br 2420 graduated with a doctoral degree in audiology, or equivalent ua [t m m 21 degree, regardless of degree name, from a program that is .232735.1d -r 8e -22 accredited by an accrediting agency recognized by the council c e s k 23 for higher education accreditation, or its successor, or by the e a n b 24 United States department of education and operated by a college u [ or university accredited by a regional or national accrediting .233411.1 - 7 - HJC/HB 11 organization recognized by the licensing 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;

= = 19 a l (5) have not been convicted or found guilty, i a e r 20 and have not entered into an agreed disposition, of a felony ae t m17 m 21 related to the practice of audiology, under applicable state or dw rl en 22d 18 federal criminal law;

and c= e= s19 k 23 (6) have a valid United States social security ea l i a ne br 2420 number or national practitioner identification number.

ua [t m m 21 F.

.232735.1d -r 9e -22 (1) meet one of the following educational c e s k 23 requirements:

e a n b 24 (a) have graduated with a master's u [ degree from a speech-language pathology program that is .233411.1 - 8 - HJC/HB 11 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 licensing board;

e t 17 (2) have completed a supervised clinical w l n d 18 practicum experience from an educational institution or its = = 19 a l cooperating programs as required by the commission;

i a e r 20 (3) have completed a supervised post-graduate ae t m17 m 21 professional experience as required by the commission;

dw rl en 22d 18 (4) have successfully passed a national c= e= s19 k 23 examination approved by the commission;

ea l i a ne br 2420 (5) hold an active, unencumbered license;

ua [t m m 21 (6) have not been convicted or found guilty, .232735.1d -r 10e -22 and have not entered into an agreed disposition, of a felony c e s k 23 related to the practice of speech-language pathology under e a n b 24 applicable state or federal criminal law;

and u [ (7) has a valid United States social security .233411.1 - 9 - HJC/HB 11 or national practitioner identification number.

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 w l n d 18 jurisdiction of the licensing board, the courts and the laws of = = 19 a l the member state in which the client is located at the time i a e r 20 service is provided.

ae t m17 m 21 I.

Individuals not residing in a member state shall dw rl en 22d 18 continue to be able to apply for a member state's single-state c= e= s19 k 23 license as provided under the laws of each member state.

ea l i a ne br 2420 However, the single-state license granted to these individuals ua [t m m 21 shall not be recognized as granting the privilege to practice .232735.1d -r 11e -22 audiology or speech-language pathology in any other member c e s k 23 state.

Nothing in this compact shall affect the requirements e a n b 24 established by a member state for the issuance of a single- u [ state license.

.233411.1 - 10 - HJC/HB 11 J.

SECTION 5.4.

(3) be eligible for a compact privilege in any member state in accordance with Section 43 of the Audiology and e t 17 Speech-Language Pathology Interstate Compact;

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

ae t m17 m 21 (5) notify the commission that the licensee is dw rl en 22d 18 seeking the compact privilege within a remote state;

c= e= s19 k 23 (6) pay any applicable fees, including any ea l i a ne br 2420 state fee, for the compact privilege;

and ua [t m m 21 (7) report to the commission adverse action .232735.1d -r 12e -22 taken by any non-member state within thirty days from the date c e s k 23 the adverse action is taken.

e a n b 24 B.

For the purposes of the compact privilege, an u [ audiologist or speech-language pathologist shall only hold one .233411.1 - 11 - HJC/HB 11 home state license at a time.

Except as provided in Section 76 of the Audiology and Speech-Language Pathology Interstate Compact, if an audiologist or speech-language pathologist changes primary state of residence by moving to another member state, the audiologist or speech-language pathologist shall 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.

e t 17 E.

A license shall not be issued by a new home w l n d 18 state until the audiologist or speech-language pathologist = = 19 a l provides satisfactory evidence of a change in primary state of i a e r 20 residence to the new home state and satisfies all applicable ae t m17 m 21 requirements to obtain a license from the new home state.

dw rl en 22d 18 F.

If an audiologist or speech-language pathologist c= e= s19 k 23 changes a primary state of residence by moving from a member ea l i a ne br 2420 state to a non-member state, the license issued by the prior ua [t m m 21 home state shall convert to a single-state license, valid only .232735.1d -r 13e -22 in the former home state.

c e s k 23 G.

A compact privilege is valid until the e a n b 24 expiration date of the home state license.

A licensee must u [ comply with the requirements of Subsection A of this section to .233411.1 - 12 - HJC/HB 11 maintain a compact privilege in a remote state.

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.

w l n d 18 J.

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

ae t m17 m 21 (1) the home state license is no longer dw rl en 22d 18 encumbered;

and c= e= s19 k 23 (2) two years have elapsed from the date of ea l i a ne br 2420 the adverse action.

ua [t m m 21 K.

Once an encumbered license in the home state is .232735.1d -r 14e -22 restored to good standing, the licensee shall meet the c e s k 23 requirements of Subsection A of this section to obtain a e a n b 24 compact privilege in any remote state.

u [ L.

Once the requirements of Subsection J of this .233411.1 - 13 - HJC/HB 11 section have been met, the licensee must meet the requirements in Subsection A of this section to obtain a compact privilege in a remote state.

SECTION 5.

[NEW MATERIAL] 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 of the Audiology and Speech- Language Pathology Interstate Compact 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.

[NEW MATERIAL] COMPACTACTIVE PRIVILEGEDUTY TOMILITARY PRACTICEPERSONNEL TELEHEALTH.--MemberOR statesTHEIR shallSPOUSES.--Active recognizeduty themilitary rightpersonnel, ofor anthe audiologistactive orduty speech-languagemilitary pathologistpersonnel's licensedspouse, byshall designate a home state inwhere accordance with Section 4 of the Audiologyindividual andhas Speech- Language Pathology Interstate Compact and under rules promulgated by the commission, to practice audiology or speech- language pathology in any member state via telehealth under a privilegecurrent tolicense practice as provided in thegood compacte andt rules17 promulgatedstanding. by the commission.

eThe tindividual 17may SECTIONretain 7.the home state designation w l n d 18 during the period the service member is on active duty.

[NEW MATERIAL] ACTIVE DUTY MILITARY PERSONNEL w l n d 18 OR THEIR SPOUSES.--Active duty military personnel, or the = = 19 a l activeSubsequent dutyto militarydesignating personnel'sa spouse,home shallstate, designatethe aindividual homeshall i a e r 20 stateonly wherechange the individualhome hasstate athrough currentapplication licensefor licensure in good a t m m 21 standing.the new state.

The individual may retain the home state designation d r e 22 duringSECTION the7. period the service member is on active duty.

[NEW MATERIAL] ADVERSE ACTIONS.-- c e s k 23 SubsequentA. to designating a home state, the individual shall e a n b 24 only change the home state through application for licensure in u [ the new state.

.232735.1In -addition 15to -the SECTIONother 8.powers conferred by e a n b 24 state law, a remote state shall have the authority, in u [ accordance with existing state due process law, to:

[NEW.233411.1 MATERIAL]- ADVERSE14 ACTIONS.--- A.HJC/HB 11 (1) take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state;

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;

The e t 17 issuing authority shall pay any witness fees, travel expenses, w l n d 18 mileage and other fees required by the service statutes of the = = 19 a l state in which the witnesses or evidence are located;

and i a e r 20 (3) only the home state shall have the power ae t m17 m 21 to take adverse action against an audiologist's or a speech- dw rl en 22d 18 language pathologist's license issued by the home state.

c= e= s19 k 23 B.

For purposes of taking adverse action, the home ea l i a ne br 2420 state shall give the same priority and effect to reported ua [t m m 21 conduct received from a member state as it would if the conduct .232735.1d -r 16e -22 had occurred within the home state.

In so doing, the home c e s k 23 state shall apply its own state laws to determine appropriate e a n b 24 action.

u [ C.

The home state shall complete any pending .233411.1 - 15 - HJC/HB 11 investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations.

e t 17 E.

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

ae t m17 m 21 F.

In addition to the authority granted to a member dw rl en 22d 18 state by its respective audiology or speech-language pathology c= e= s19 k 23 practice act or other applicable state law, any member state ea l i a ne br 2420 may participate with other member states in joint ua [t m m 21 investigations of licensees.

Member states shall share any .232735.1d -r 17e -22 investigative, litigation or compliance materials in c e s k 23 furtherance of any joint or individual investigation initiated e a n b 24 under the compact.

u [ G.

If adverse action is taken by the home state .233411.1 - 16 - HJC/HB 11 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.

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

= = 19 a l I.

Nothing in this compact shall override a member i a e r 20 state's decision that participation in an alternative program ae t m17 m 21 may be used in lieu of adverse action.

dw rl en 22d 18 SECTION 9.8.

[NEW MATERIAL] AUDIOLOGY AND SPEECH-LANGUAGE c= e= s19 k 23 PATHOLOGY COMPACT COMMISSION--CREATED.-- ea l i a ne br 2420 A.

The compact member states hereby create and ua [t m m 21 establish a joint public agency known as the "audiology and .232735.1d -r 18e -22 speech-language pathology compact commission", subject to the c e s k 23 following provisions:

e a n b 24 (1) the commission is an instrumentality of u [ the compact states;

.233411.1 - 17 - HJC/HB 11 (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.

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

The delegates shall be current members of the licensing = = 19 a l board.

One delegate shall be an audiologist and one delegate i a e r 20 shall be a speech-language pathologist;

ae t m17 m 21 (2) an additional five delegates, who are dw rl en 22d 18 either public members or board administrators from a state c= e= s19 k 23 licensing board, shall be chosen at large by the executive ea l i a ne br 2420 committee from a pool of nominees provided by the commission;

ua [t m m 21 (3) any delegate may be removed or suspended .232735.1d -r 19e -22 from the commission as provided by the law of the state from c e s k 23 which the delegate is appointed;

e a n b 24 (4) the member state's licensing board shall u [ fill any vacancy of the member state's delegates that occurs on .233411.1 - 18 - HJC/HB 11 the commission, within ninety days;

e t 17 C.

w l n d 18 (1) establish the fiscal year of the = = 19 a l commission;

i a e r 20 (2) establish bylaws;

ae t m17 m 21 (3) establish a code of ethics;

dw rl en 22d 18 (4) maintain financial records in accordance c= e= s19 k 23 with the bylaws;

ea l i a ne br 2420 (5) meet and take actions as are consistent ua [t m m 21 with the provisions of this compact and the bylaws;

.232735.1d -r 20e -22 (6) promulgate uniform rules to facilitate and c e s k 23 coordinate implementation and administration of this compact.

e a n b 24 The rules shall have the force and effect of law and shall be u [ binding in all member states;

.233411.1 - 19 - HJC/HB 11 (7) bring and prosecute legal proceedings or actions in the name of the commission;

(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 w l n d 18 and other related personnel matters;

= = 19 a l (11) accept any and all appropriate donations i a e r 20 and grants of money, equipment, supplies, materials and ae t m17 m 21 services and receive, utilize and dispose of the same;

provided dw rl en 22d 18 that at all times the commission shall avoid any appearance of c= e= s19 k 23 impropriety or conflict of interest;

ea l i a ne br 2420 (12) lease, purchase, accept appropriate gifts ua [t m m 21 or donations of, or otherwise to own, hold, improve or use, any .232735.1d -r 21e -22 property, real, personal or mixed;

provided that at all times c e s k 23 the commission shall avoid any appearance of impropriety;

e a n b 24 (13) sell, convey, mortgage, pledge, lease, u [ exchange, abandon or otherwise dispose of any property, real, .233411.1 - 20 - HJC/HB 11 personal or mixed;

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 w l n d 18 speech-language pathology licensure and practice.

= = 19 a l D.

The executive committee shall have the power to i a e r 20 act on behalf of the commission according to the terms of this ae t m17 m 21 compact and shall be composed of ten members as follows:

dw rl en 22d 18 (1) seven voting members who are elected by c= e= s19 k 23 the commission from the current membership of the commission;

ea l i a ne br 2420 (2) two non-voting ex-officio members, one a ua [t m m 21 member from a recognized national audiology professional .232735.1d -r e 22 - association and one a member from a recognized national speech- c e s k 23 language pathology association;

and e a n b 24 (3) one non-voting ex-officio member from the u [ recognized membership organization of the audiology and speech- .233411.1 - 21 - HJC/HB 11 language pathology licensing boards.

(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;

w l n d 18 (2) ensure that compact administration = = 19 a l services are appropriately provided, contractual or otherwise;

i a e r 20 (3) prepare and recommend a budget;

ae t m17 m 21 (4) maintain financial records on behalf of dw rl en 22d 18 the commission;

c= e= s19 k 23 (5) monitor compact compliance of member ea l i a ne br 2420 states and provide compliance reports to the commission;

ua [t m m 21 (6) establish additional committees as .232735.1d -r 23e -22 necessary;

and c e s k 23 (7) carry out other duties as provided in the e a n b 24 rules or bylaws.

u [ I.

All meetings of the commission shall be open to .233411.1 - 22 - HJC/HB 11 the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 1211 of the Audiology and Speech-Language Pathology Interstate Compact.

(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 w l n d 18 personnel practices and procedures;

= = 19 a l (3) current, threatened or reasonably i a e r 20 anticipated litigation;

ae t m17 m 21 (4) negotiation of contracts for the purchase, dw rl en 22d 18 lease or sale of goods, services or real estate;

c= e= s19 k 23 (5) accusations made of any person of a crime ea l i a ne br 2420 or formal censuring of any person;

ua [t m m 21 (6) disclosure of trade secrets or commercial .232735.1d -r 24e -22 or financial information that is privileged or confidential;

c e s k 23 (7) disclosure of information of a personal e a n b 24 nature where disclosure would constitute a clearly unwarranted u [ invasion of personal privacy;

.233411.1 - 23 - HJC/HB 11 (8) disclosure of investigative records compiled for law enforcement purposes;

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 w l n d 18 the meeting may be closed and shall reference each relevant = = 19 a l exempting provision.

i a e r 20 L.

The commission shall keep minutes that fully and ae t m17 m 21 clearly describe all matters discussed in a meeting and shall dw rl en 22d 18 provide a full and accurate summary of actions taken, and the c= e= s19 k 23 reasons therefor, including a description of the views ea l i a ne br 2420 expressed.

All documents considered in connection with an ua [t m m 21 action shall be identified in the minutes.

All minutes and .232735.1d -r 25e -22 documents of a closed meeting shall remain under seal, subject c e s k 23 to release by a majority vote of the commission or order of a e a n b 24 court of competent jurisdiction.

u [ M.

The commission shall pay, or provide for the .233411.1 - 24 - HJC/HB 11 payment of, the reasonable expenses of its establishment, organization and ongoing activities.

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.

w l n d 18 N.

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

nor shall the commission pledge the credit of any ae t m17 m 21 of the member states, except by and with the authority of the dw rl en 22d 18 member state.

c= e= s19 k 23 O.

The commission shall keep accurate accounts of ea l i a ne br 2420 all receipts and disbursements.

The receipts and disbursements ua [t m m 21 of the commission shall be subject to the audit and accounting .232735.1d -r 26e -22 procedures established under its bylaws.

However, all receipts c e s k 23 and disbursements of funds handled by the commission shall be e a n b 24 audited yearly by a certified or licensed public accountant, u [ and the report of the audit shall be included in and become .233411.1 - 25 - HJC/HB 11 part of the annual report of the commission.

SECTION 10.9.

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

aThe liability of the commission e t m17 mwithin 21any B.member state shall not exceed the limits of w l n d 18 liability set forth under the constitution and laws of that = = 19 state for state officials, employees and agents.

The commissiona shalll defendi anya member,e officer, d r e20 22 executive director, employee or representative of the c e s k 23 commission inis anyconsidered civil action seeking to imposebe liabilityan einstrumentality a n b 24 arising out of any actual or alleged act, error or omission u [ that occurred within the scopestates ofa commissiont employment,m dutiesm .232735.121 - 27 - or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scopepurpose of commissionany employment,such dutiesaction. or responsibilities;

d r e 22 B.

The commission shall defend any member, officer, c e s k 23 executive director, employee or representative of the e a n b 24 commission in any civil action seeking to impose liability u [ arising out of any actual or alleged act, error or omission .233411.1 - 26 - HJC/HB 11 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;

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 e t 17 believing occurred within the scope of commission employment, ew tl 17n d 18 duties or responsibilities;

provided that the actual or alleged w= l= n19 d 18 act, error or omission did not result from the intentional or =a =l 19i a le r 20 willful or wanton misconduct of that person.

i a et rm 20m 21 SECTION 11.10.

[NEW MATERIAL] DATA SYSTEM.-- ad tr me m22 21 A.

The commission shall provide for the dc r e 22s k 23 development, maintenance and utilization of a coordinated c e sa kn 23b 24 database and reporting system containing licensure, adverse eu a[ n b 24 action and investigative information on all licensed u.233411.1 [- 27 - HJC/HB 11 individuals in member states.

.232735.1 - 28 - B.

and (6) other information that may facilitate the administration of this compact, as determined by the rules of e t 17 the commission.

ew tl 17n d 18 C.

Investigative information pertaining to a w= l= n19 d 18 licensee in any member state shall only be available to other =a =l 19i a le r 20 member states.

i a et rm 20m 21 D.

The commission shall promptly notify all member ad tr me m22 21 states of any adverse action taken against a licensee or an dc r e 22s k 23 individual applying for a license.

Adverse action information c e sa kn 23b 24 pertaining to a licensee in any member state shall be available eu a[ n b 24 to any other member state.

u.233411.1 [- 28 - HJC/HB 11 E.

Member states contributing information to the .232735.1 - 29 - data system may designate information that may not be shared with the public without the express permission of the contributing state.

SECTIONG. 12.

[NEWAll MATERIAL]information RULEMAKING.--provided A.to the commission or distributed by member boards shall be confidential, filed under seal and used only for investigatory or disciplinary matters;

Theprovided commissionthat shallinformation exercisesubmitted itsto rulemakingthe powersNew pursuantMexico speech-language pathology, audiology and hearing aid dispensing practices board is subject to the criteriaconfidentiality setand forthtransparency inrequirements thisimposed sectionby andNew theMexico ruleslaw adoptedor thereunder.court order.

Rulese andt amendments17 shallSECTION become11. binding as of the date specified in each rule or amendment.

B.[NEW MATERIAL] RULEMAKING.-- w l n d 18 A.

IfThe acommission majorityshall ofexercise theits legislaturesrulemaking of= the= member19 statespowers rejectspursuant ato rule,the bycriteria enactmentset offorth a statute or resolution in thethis samesection mannerand useda tol adopti thea compact within four years e tr 1720 of the daterules ofadopted adoptionthereunder. of the rule, the rule shall have no w l n d 18 further force and effect in any member state.

=Rules =and 19amendments shall a lt C.m m 21 become binding as of the date specified in each rule or d r e 22 amendment.

Rulesc or amendments to the rules shall be i a e rs 20k adopted23 atB. a regular or special meeting of the commission.

If a tmajority mof mthe 21legislatures D.of the member e a n b 24 states rejects a rule, by enactment of a statute or resolution u [ in the same manner used to adopt the compact within four years .233411.1 - 29 - HJC/HB 11 of the date of adoption of the rule, the rule shall have no further force and effect in any member state.

PriorC. to promulgation and adoption of a final d r e 22 rule by the commission, and at least thirty days in advance of c e s k 23 the meeting at which the rule shall be considered and voted e a n b 24 upon, the commission shall file a notice of proposed u [ rulemaking:

.232735.1Rules -or 30amendments -to (1)the onrules theshall websitebe ofadopted theat commissiona regular or otherspecial publiclymeeting accessibleof platform;the commission.

D.

Prior to promulgation and adoption of a final rule by the commission, and at least thirty 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;

e t 17 (1) the proposed time, date and location of w l n d 18 the meeting in which the rule shall be considered and voted = = 19 upon;

a l i a e r 20 (2) the text of the proposed rule or amendment a t m m 21 and the reason for the proposed rule;

d r e 22 (3) a request for comments on the proposed c e s k 23 rule from any interested person;

and e a n b 24 (4) the manner in which interested persons may u [ submit notice to the commission of their intention to attend e.233411.1 t- 1730 - HJC/HB 11 the public hearing and any written comments.

w l n d 18 F.

Prior to the adoption of a proposed rule, the = = 19 a l commission shall allow persons to submit written data, facts, i a e r 20 opinions and arguments, which shall be made available to the a t m m 21 public.

d r e 22 G.

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

u [ (1) at least twenty-five persons;

.232735.1 - 31 - (2) a state or federal governmental subdivision or agency;

If the hearing is held e t 17 via electronic means, the commission shall publish the w l n d 18 mechanism for access to the electronic hearing and the = = 19 procedure for hearings shall be conducted according to the a l i a e r 20 following provisions:

a t m m 21 (1) all persons wishing to be heard at the d r e 22 hearing shall notify the executive director of the commission c e s k 23 or other designated member in writing of their desire to appear e a n b 24 and testify at the hearing not less than five business days u [ before the scheduled date of the hearing;

e.233411.1 t- 1731 - HJC/HB 11 (2) hearings shall be conducted in a manner w l n d 18 that provides each person who wishes to comment a fair and = = 19 a l reasonable opportunity to comment orally or in writing;

i a e r 20 (3) all hearings shall be recorded and a copy a t m m 21 of the recording shall be made available on request;

and d r e 22 (4) nothing in this section shall be construed c e s k 23 as requiring a separate hearing on each rule.

Rules may be e a n b 24 grouped for the convenience of the commission at hearings u [ required by this section.

.232735.1 - 32 - I.

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 e t 17 without a public hearing.

w l n d 18 K.

The commission shall, by majority vote of all = = 19 members, take final action on the proposed rule and shall a l i a e r 20 determine the effective date of the rule, if any, based on the a t m m 21 rulemaking record and the full text of the rule.

d r e 22 L.

Upon determination that an emergency exists, the c e s k 23 commission may consider and adopt an emergency rule without e a n b 24 prior notice and an opportunity for comment or hearing;

u [ provided that the usual rulemaking procedures provided in the e.233411.1 t- 1732 - HJC/HB 11 compact and in this section shall be retroactively applied to w l n d 18 the rule as soon as reasonably possible, but in no event later = = 19 a l than ninety days after the effective date of the rule.

For the i a e r 20 purposes of this provision, an emergency rule is one that must a t m m 21 be adopted immediately in order to:

d r e 22 (1) meet an imminent threat to public health, c e s k 23 safety or welfare;

e a n b 24 (2) prevent a loss of commission or member u [ state funds;

or .232735.1 - 33 - (3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

Public notice of any revisions shall be posted on the website e t 17 of the commission.

The revision shall be subject to challenge w l n d 18 by any person for a period of thirty days after posting.

The = = 19 revision may be challenged only on grounds that the revision a l i a e r 20 results in a material change to a rule.

A challenge shall be a t m m 21 made in writing and delivered to the chair of the commission d r e 22 prior to the end of the notice period.

If no challenge is c e s k 23 made, the revision shall take effect without further action.

If e a n b 24 the revision is challenged, the revision may not take effect u [ without the approval of the commission.

e.233411.1 t- 1733 - HJC/HB 11 SECTION 13.12.

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

Upon request by a member state, the commission i a e r 20 shall attempt to resolve disputes related to the compact that a t m m 21 arise among member states and between member and non-member d r e 22 states.

c e s k 23 B.

The commission shall promulgate a rule providing e a n b 24 for both mediation and binding dispute resolution for disputes u [ as appropriate.

.232735.1 - 34 - C.

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 e t 17 default to enforce compliance with the provisions of the w l n d 18 compact and its promulgated rules and bylaws.

The relief = = 19 sought may include both injunctive relief and damages.

In the a l i a e r 20 event judicial enforcement is necessary, the prevailing member a t m m 21 shall be awarded all costs of litigation, including reasonable d r e 22 attorney fees.

c e s k 23 E.

The remedies provided in this section shall not e a n b 24 be the exclusive remedies of the commission.

The commission u [ may pursue any other remedies available under federal or state e.233411.1 t- 1734 - HJC/HB 11 law.

w l n d 18 SECTION 14.13.

[NEW MATERIAL] DATE OF IMPLEMENTATION OF THE = = 19 a l AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT AND i a e r 20 ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT.-- a t m m 21 A.

The compact shall come into effect on the date d r e 22 on which the compact statute is enacted into law in the tenth c e s k 23 member state.

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

.232735.1 - 35 - Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

Any rule that has been previously e t 17 adopted by the commission shall have the full force and effect w l n d 18 of law on the day the compact becomes law in that state.

= = 19 C.

Any member state may withdraw from this compact a l i a e r 20 by enacting a statute repealing the same;

a t m m 21 (1) a member state's withdrawal shall not take d r e 22 effect until six months after enactment of the repealing c e s k 23 statute;

and e a n b 24 (2) withdrawal shall not affect the continuing u [ requirement of the withdrawing state's audiology and speech- e.233411.1 t- 1735 - HJC/HB 11 language pathology licensing board to comply with the w l n d 18 investigative and adverse action reporting requirements of this = = 19 a l compact prior to the effective date of withdrawal.

i a e r 20 D.

Nothing contained in this compact shall be a t m m 21 construed to invalidate or prevent any audiology and speech- d r e 22 language pathology licensure agreement or other cooperative c e s k 23 arrangement between a member state and a non-member state that e a n b 24 does not conflict with the provisions of this compact.

u [ E.

This compact may be amended by the member .232735.1 - 36 - states.

SECTION 15.14.

The provisions of this compact shall be severable, and if any phrase, clause, e t 17 sentence or provision of this compact is declared to be w l n d 18 contrary to the constitution of any member state or of the = = 19 United States or the applicability thereof to any government, a l i a e r 20 agency, person or circumstance is held invalid, the validity of a t m m 21 the remainder of this compact and the applicability thereof to d r e 22 any government, agency, person or circumstance shall not be c e s k 23 affected thereby.

If this compact is held contrary to the e a n b 24 constitution of any member state, the compact shall remain in u [ full force and effect as to the remaining member states and in e.233411.1 t- 1736 - HJC/HB 11 full force and effect as to the member state affected as to all w l n d 18 severable matters.

= = 19 a l SECTION 16.15.

[NEW MATERIAL] BINDING EFFECT OF COMPACT AND i a e r 20 OTHER LAWS.-- a t m m 21 A.

Nothing in this compact prevents the enforcement d r e 22 of any other law of a member state that is not inconsistent c e s k 23 with the compact.

e a n b 24 B.

All laws in a member state in conflict with the u [ compact are superseded to the extent of the conflict.

.232735.1 - 37 - C.

In the event that any provision of the compact exceeds the constitutional limits imposed on the legislature of e t 17 any member state, the provision shall be ineffective to the w l n d 18 extent of the conflict with the constitutional provision in = = 19 question in that member state.

a l i a e r 20 SECTION 17.16.

SectionA 61-14B-11new NMSAsection 1978of (beingthe LawsSpeech-Language 1996,a Chaptert 57,m Sectionm 11,21 asPathology, amended)Audiology and Hearing Aid Dispensing Practices Act d r e 22 is amendedenacted to read:

"61-14B-11.c e s k 23 "[NEW MATERIAL] PARTICIPATION IN COMPACT AS CONDITION OF e a n b 24 EMPLOYMENT PROHIBITED.--An employer shall not require a u [ speech-language pathologist or an audiologist licensed in this .233411.1 - 37 - HJC/HB 11 state pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act to seek licensure through the Audiology and Speech-Language Pathology Interstate Compact as a condition of initial or continued employment as a speech-language pathologist or audiologist in this state.

BOARDAn POWERSemployer ANDmay DUTIES--CRIMINALrequire HISTORYthat BACKGROUNDa CHECKS.--Thespeech-language boardpathologist shall:or an audiologist obtain and maintain a license to practice speech- language pathology or audiology in multiple states if the speech-language pathologist or audiologist is free to obtain and maintain the licenses by any means authorized by the laws of the respective states." SECTION 17.

A.A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is enacted to read:

promulgate"[NEW rulesMATERIAL] necessaryAUDIOLOGY toAND carrySPEECH-LANGUAGE outPATHOLOGY theCOMPACT provisionsCOMMISSION--DELEGATE ofDUTIES.-- the Speech-Language Pathology, Audiology and e t 17 HearingA. Aid Dispensing Practices Act in accordance with the w l n d 18 State Rules Act;

If a meeting, or a portion of a meeting, of the w l n d 18 audiology and speech-language pathology compact commission is = = 19 closed pursuant to Subsection J of Section 8 of the Audiology a l B.i a e r 20 and Speech-Language Pathology Interstate Compact, delegates a t m m 21 appointed to represent New Mexico on the commission shall d r e 22 request the commission's legal counsel or designee to certify c e s k 23 that the meeting may be closed by citing each provision of that e a n b 24 subsection that is applicable.

promulgateDelegates rulesmay implementingsatisfy continuingthis iu [ section by making a emotion, ror 20voting educationin requirements;the affirmative on a .233411.1 - 38 - HJC/HB 11 motion, to have the commission's legal counsel or designee certify that the meeting may be closed.

aB. t m m 21 C.

adoptAny 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 initialaudiology examination for possible sale and fittingspeech-language ofpathology acompact ecommission ais nvoting bon 24what hearingto aidinclude ifin athe hearingcommission's lossminutes, isdelegates determined,appointed to informrepresent eachNew uMexico [on prospectivethe purchasercommission aboutshall hearingvote aidto optionsinclude thatin can .232735.1 - 38 - provide a direct connection between the hearingminutes: aid and assistive listening systems.

(1) all actions taken by the commission and the reasons for each action, including a description of the views expressed;

and (2) identification of all documents considered by the commission that relate to an action taken by the commission." SECTION 18.

A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is enacted to read:

"[NEW MATERIAL] BOARD OBLIGATIONS--PUBLIC POSTING.--The e t 17 board shall post on the board's public website:

w l n d 18 A.

copies of the audiology and speech-language = = 19 pathology compact commission's current bylaws and rules;

a l i a e r 20 B.

notice of any audiology and speech-language a t m m 21 pathology compact commission action that may affect the license d r e 22 of an audiologist or a speech-language pathologist in this c e s k 23 state within thirty days of the commission's action being e a n b 24 taken;

and u [ C.

any minutes or documents of the audiology and .233411.1 - 39 - HJC/HB 11 speech-language pathology compact commission that are released pursuant to a vote of the commission.

All minutes and documents of a closed meeting of the audiology and speech- language pathology compact commission shall remain under seal, subject to release by a majority vote of the commission or an order of a court of competent jurisdiction." SECTION 19.

A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is enacted to read:

"[NEW MATERIAL] JOINT INVESTIGATIONS--INVESTIGATIVE SUBPOENAS.--The board may enter into joint investigations with other state audiology or speech-language pathology boards pursuant to the Audiology and Speech-Language Pathology Interstate Compact;

provided that participation in the joint investigation is governed by a written agreement among the board and the other participating audiology or speech-language e t 17 pathology boards." w l n d 18 SECTION 20.

Section 61-14B-11 NMSA 1978 (being Laws 1996, = = 19 a l Chapter 57, Section 11, as amended) is amended to read:

i a e r 20 "61-14B-11.

BOARD POWERS AND DUTIES--CRIMINAL HISTORY a t m m 21 BACKGROUND CHECKS.--The board shall:

d r e 22 A.

promulgate rules necessary to carry out the c e s k 23 provisions of the Speech-Language Pathology, Audiology and e a n b 24 Hearing Aid Dispensing Practices Act in accordance with the u [ State Rules Act;

.233411.1 - 40 - HJC/HB 11 B.

promulgate rules implementing continuing education requirements;

C.

adopt a code of ethics that includes rules requiring audiologists and hearing aid dispensers, at the time of the initial examination for possible sale and fitting of a hearing aid if a hearing loss is determined, to inform each prospective purchaser about hearing aid options that can provide a direct connection between the hearing aid and assistive listening systems.

conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform e t 17 Licensing Act;

w l n d 18 E.

investigate complaints against licensees by = = 19 issuing investigative subpoenas prior to the issuance of a a l i a e r 20 notice of contemplated action;

a t m m 21 F.

d r e 22 G.

provide for the licensing and renewal of c e s k 23 licenses of applicants;

[and] e ta 17n b 24 H.

promulgate rules that provide for expedited wu l[ n d 18 licensure and temporary permits for speech-language =.233411.1 =- 1941 a- lHJC/HB 11 pathologists, audiologists or hearing aid dispensers;

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 .232735.1 - 39 - 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.

The board shall not disseminate criminal history record information across state lines." SECTION 18.21.

EFFECTIVECONTINGENT DATE.--TheREPEAL.-- effectiveA. date of the provisions of this act is July 1, 2026.

-Sections 401 -through 1219 14of 16this act are repealed e t 17 if a state or federal court of New Mexico finds that a rule or w l n d 18 decision of the audiology and speech-language pathology compact = = 19 commission or a court order regarding a rule or decision a l i a e r 20 relating to the Audiology and Speech-Language Pathology a t m m 21 Interstate Compact would change the scope of practice of an d r e 22 audiologist or speech-language pathologist or the definition of c e s k 23 "unprofessional conduct" for an audiologist or speech-language e a n b 24 pathologist in a manner that is inconsistent with the Speech- u [ .232735.1Language Pathology, Audiology and Hearing Aid Dispensing .233411.1 - 42 - HJC/HB 11 Practices Act or any other state law relating to the practice of audiology or speech-language pathology.

A person who is or may be affected by a rule or decision at issue under this subsection shall have standing to seek a determination by the district court.

B.

The speech-language pathology, audiology and hearing aid dispensing practices board shall certify to the director of the legislative council service and the executive director of the New Mexico compilation commission the date on which the action described in Subsection A of this section occurs.

C.

Repeal of the Audiology and Speech-Language Pathology Interstate Compact pursuant to this section constitutes this state's immediate withdrawal from the Audiology and Speech-Language Pathology Interstate Compact.

The speech-language pathology, audiology and hearing aid e t 17 dispensing practices board shall send written notification of w l n d 18 withdrawal to the governor of each other state that has enacted = = 19 the compact.

a l i a e r 20 D.

The speech-language pathology, audiology and a t m m 21 hearing aid dispensing practices board, or a member of the d r e 22 legislature, may request in writing that the attorney general c e s k 23 review the actions of the audiology and speech-language e a n b 24 pathology compact commission or a court ruling relating to the u [ enforcement of the Audiology and Speech-Language Pathology .233411.1 - 43 - HJC/HB 11 Interstate Compact.

E.

In the event of a repeal pursuant to this section, the provisions of Section 13 of the Audiology and Speech-Language Pathology Interstate Compact shall remain in effect and govern the withdrawal.

- 44 - 8 10 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 [ .233411.1