CSSB 75(FIN): "An Act relating to an audiology and speech-language interstate compact; relating to the practice of audiology and the practice of speech-language pathology; and providing for an effective date."
00 CS FOR SENATE BILL NO. 75(FIN) 01 "An Act relating to an audiology and speech-language interstate compact; relating to 02 the practice of audiology and the practice of speech-language pathology; and providing 03 for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.11.010 is amended to read: 06 Sec. 08.11.010. Qualifications for audiologist license. The department shall 07 issue a license to practice audiology to an individual who 08 (1) is 18 years of age or older; 09 (2) applies on a form provided by the department; 10 (3) pays the fee required under AS 08.11.050; 11 (4) furnishes evidence satisfactory to the department that the person 12 (A) has not engaged in conduct that is a ground for imposing 13 disciplinary sanctions under AS 08.11.080; 14 (B) holds a master's degree or doctorate in audiology from an
01 accredited educational institution approved by the department; and either has 02 (i) a Certificate of Clinical Competence in Audiology 03 from the American Speech-Language-Hearing Association or the 04 equivalent of the certificate; or 05 (ii) practiced audiology for two years as of January 1, 06 1986, or is in the process of completing the year of supervised clinical 07 experience required for the Certificate of Clinical Competence of the 08 American Speech-Language-Hearing Association; and 09 (5) has been fingerprinted and has provided the fees required by 10 the Department of Public Safety under AS 12.62.160 for criminal justice 11 information and a national criminal history record check; the fingerprints and 12 fees shall be forwarded to the Department of Public Safety to obtain a report of 13 criminal justice information under AS 12.62 and a national criminal history 14 record check under AS 12.62.400. 15 * Sec. 2. AS 08.11.015 is amended to read: 16 Sec. 08.11.015. Qualifications for speech-language pathologist license. The 17 department shall issue a license to practice speech-language pathology to an individual 18 who 19 (1) is 18 years of age or older; 20 (2) applies on a form provided by the department; 21 (3) pays the fee required under AS 08.11.050; 22 (4) has not engaged in conduct that is a ground for imposing 23 disciplinary sanctions under AS 08.11.085; [AND] 24 (5) furnishes evidence satisfactory to the department that the person 25 holds a Certificate of Clinical Competence in speech-language pathology from the 26 American Speech-Language-Hearing Association or the equivalent of the certificate; 27 and 28 (6) has been fingerprinted and has provided the fees required by 29 the Department of Public Safety under AS 12.62.160 for criminal justice 30 information and a national criminal history record check; the fingerprints and 31 fees shall be forwarded to the Department of Public Safety to obtain a report of
01 criminal justice information under AS 12.62 and a national criminal history 02 record check under AS 12.62.400. 03 * Sec. 3. AS 08.11 is amended by adding a new section to read: 04 Sec. 08.11.017. Exemption from criminal justice information and criminal 05 history record check. An audiologist or speech-language pathologist holding a valid 06 license under this chapter on July 1, 2024, is exempt from the requirements of 07 AS 08.11.010(5) and 08.11.015(6), but is otherwise subject to this chapter. 08 * Sec. 4. AS 08.11.050 is amended to read: 09 Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for 10 each of the following: 11 (1) application; 12 (2) credential review; 13 (3) audiologist license and speech-language pathologist license; 14 (4) temporary license; 15 (5) renewal of license; 16 (6) delinquency; 17 (7) reinstatement; 18 (8) duplicate license; 19 (9) speech-language pathologist assistant registration application and 20 renewal; 21 (10) compact privilege. 22 * Sec. 5. AS 08.11.100 is amended to read: 23 Sec. 08.11.100. Prohibited acts. (a) Unless a person is licensed or granted a 24 compact privilege as an audiologist under this chapter, the person may not 25 (1) practice audiology; 26 (2) use a title indicating or representing that the person practices as an 27 audiologist; 28 (3) advertise that the person practices audiology. 29 (b) Unless a person is licensed or granted a compact privilege as a speech- 30 language pathologist under this chapter, the person may not 31 (1) practice speech-language pathology;
01 (2) use a title indicating or representing that the person practices as a 02 speech-language pathologist; 03 (3) advertise that the person practices speech-language pathology. 04 * Sec. 6. AS 08.11 is amended by adding a new section to read: 05 Article 2. Audiology and Speech-Language Interstate Compact. 06 Sec. 08.11.300. Audiology and speech-language interstate compact 07 enacted. The Department of Commerce, Community, and Economic Development 08 shall implement the audiology and speech-language interstate compact enacted under 09 this section. 10 SECTION 1. PURPOSE 11 The purpose of this Compact is to facilitate interstate practice of audiology and 12 speech-language pathology with the goal of improving public access to audiology and 13 speech-language pathology services. The practice of audiology and speech-language 14 pathology occurs in the state where the patient/client/student is located at the time of 15 the patient/client/student encounter. The Compact preserves the regulatory authority of 16 states to protect public health and safety through the current system of state licensure. 17 This Compact is designed to achieve the following objectives: 18 (1) Increase public access to audiology and speech-language pathology 19 services by providing for the mutual recognition of other member state licenses; 20 (2) Enhance the states' ability to protect the public's health and safety; 21 (3) Encourage the cooperation of member states in regulating 22 multistate audiology and speech-language pathology practice; 23 (4) Support spouses of relocating active duty military personnel; 24 (5) Enhance the exchange of licensure, investigative and disciplinary 25 information between member states; 26 (6) Allow a remote state to hold a provider of services with a compact 27 privilege in that state accountable to that state's practice standards; and 28 (7) Allow for the use of telehealth technology to facilitate increased 29 access to audiology and speech-language pathology services. 30 SECTION 2. DEFINITIONS 31 As used in this Compact, and except as otherwise provided, the following
01 definitions shall apply: 02 (1) "Active duty military" means full-time duty status in the active 03 uniformed service of the United States, including members of the National Guard and 04 Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211. 05 (2) "Adverse action" means any administrative, civil, equitable or 06 criminal action permitted by a state's laws which is imposed by a licensing board or 07 other authority against an audiologist or speech-language pathologist, including 08 actions against an individual's license or privilege to practice such as revocation, 09 suspension, probation, monitoring of the licensee, or restriction on the licensee's 10 practice. 11 (3) "Alternative program" means a non-disciplinary monitoring 12 process approved by an audiology or speech-language pathology licensing board to 13 address impaired practitioners. 14 (4) "Audiologist" means an individual who is licensed by a state to 15 practice audiology. 16 (5) "Audiology" means the care and services provided by a licensed 17 audiologist as set forth in the member state's statutes and rules. 18 (6) "Audiology and Speech-Language Pathology Compact 19 Commission" or "Commission" means the national administrative body whose 20 membership consists of all states that have enacted the Compact. 21 (7) "Audiology and speech-language pathology licensing board," 22 "audiology licensing board," "speech-language pathology licensing board," or 23 "licensing board" means the agency of a state that is responsible for the licensing and 24 regulation of audiologists and/or speech-language pathologists. 25 (8) "Compact privilege" means the authorization granted by a remote 26 state to allow a licensee from another member state to practice as an audiologist or 27 speech-language pathologist in the remote state under its laws and rules. The practice 28 of audiology or speech-language pathology occurs in the member state where the 29 patient/client/student is located at the time of the patient/client/student encounter. 30 (9) "Current significant investigative information" means investigative 31 information that a licensing board, after an inquiry or investigation that includes
01 notification and an opportunity for the audiologist or speech-language pathologist to 02 respond, if required by state law, has reason to believe is not groundless and, if proved 03 true, would indicate more than a minor infraction. 04 (10) "Data system" means a repository of information about licensees, 05 including, but not limited to, continuing education, examination, licensure, 06 investigative, compact privilege and adverse action. 07 (11) "Encumbered license" means a license in which an adverse action 08 restricts the practice of audiology or speech-language pathology by the licensee and 09 said adverse action has been reported to the National Practitioners Data Bank (NPDB). 10 (12) "Executive Committee" means a group of directors elected or 11 appointed to act on behalf of, and within the powers granted to them by, the 12 Commission. 13 (13) "Home state" means the member state that is the licensee's 14 primary state of residence. 15 (14) "Impaired practitioner" means individuals whose professional 16 practice is adversely affected by substance abuse, addiction, or other health-related 17 conditions. 18 (15) "Licensee" means an individual who currently holds an 19 authorization from the state licensing board to practice as an audiologist or speech- 20 language pathologist. 21 (16) "Member state" means a state that has enacted the Compact. 22 (17) "Privilege to practice" means a legal authorization permitting the 23 practice of audiology or speech-language pathology in a remote state. 24 (18) "Remote state" means a member state other than the home state 25 where a licensee is exercising or seeking to exercise the compact privilege. 26 (19) "Rule" means a regulation, principle or directive promulgated by 27 the Commission that has the force of law. 28 (20) "Single-state license" means an audiology or speech-language 29 pathology license issued by a member state that authorizes practice only within the 30 issuing state and does not include a privilege to practice in any other member state. 31 (21) "Speech-language pathologist" means an individual who is
01 licensed by a state to practice speech-language pathology. 02 (22) "Speech-language pathology" means the care and services 03 provided by a licensed speech-language pathologist as set forth in the member state's 04 statutes and rules. 05 (23) "State" means any state, commonwealth, district or territory of the 06 United States of America that regulates the practice of audiology and speech-language 07 pathology. 08 (24) "State practice laws" means a member state's laws, rules and 09 regulations that govern the practice of audiology or speech-language pathology, define 10 the scope of audiology or speech-language pathology practice, and create the methods 11 and grounds for imposing discipline. 12 (25) "Telehealth" means the application of telecommunication 13 technology to deliver audiology or speech-language pathology services at a distance 14 for assessment, intervention and/or consultation. 15 SECTION 3. STATE PARTICIPATION IN THE COMPACT 16 (a) A license issued to an audiologist or speech-language pathologist by a 17 home state to a resident in that state shall be recognized by each member state as 18 authorizing an audiologist or speech-language pathologist to practice audiology or 19 speech-language pathology, under a privilege to practice, in each member state. 20 (b) A state must implement or utilize procedures for considering the criminal 21 history records of applicants for initial privilege to practice. These procedures shall 22 include the submission of fingerprints or other biometric-based information by 23 applicants for the purpose of obtaining an applicant's criminal history record 24 information from the Federal Bureau of Investigation and the agency responsible for 25 retaining that state's criminal records. 26 (1) A member state must fully implement a criminal background check 27 requirement, within a time frame established by rule, by receiving the results of the 28 Federal Bureau of Investigation record search on criminal background checks and use 29 the results in making licensure decisions. 30 (2) Communication between a member state, the Commission and 31 among member states regarding the verification of eligibility for licensure through the
01 Compact shall not include any information received from the Federal Bureau of 02 Investigation relating to a federal criminal records check performed by a member state 03 under Public Law 92-544. 04 (c) Upon application for a privilege to practice, the licensing board in the 05 issuing remote state shall ascertain, through the data system, whether the applicant has 06 ever held, or is the holder of, a license issued by any other state, whether there are any 07 encumbrances on any license or privilege to practice held by the applicant, whether 08 any adverse action has been taken against any license or privilege to practice held by 09 the applicant. 10 (d) Each member state shall require an applicant to obtain or retain a license in 11 the home state and meet the home state's qualifications for licensure or renewal of 12 licensure, as well as, all other applicable state laws. 13 (e) For an audiologist: 14 (1) Must meet one of the following educational requirements: 15 (A) On or before, Dec. 31, 2007, has graduated with a master's 16 degree or doctorate in audiology, or equivalent degree regardless of degree 17 name, from a program that is accredited by an accrediting agency recognized 18 by the Council for Higher Education Accreditation, or its successor, or by the 19 United States Department of Education and operated by a college or university 20 accredited by a regional or national accrediting organization recognized by the 21 board; or 22 (B) On or after, Jan. 1, 2008, has graduated with a Doctoral 23 degree in audiology, or equivalent degree, regardless of degree name, from a 24 program that is accredited by an accrediting agency recognized by the Council 25 for Higher Education Accreditation, or its successor, or by the United States 26 Department of Education and operated by a college or university accredited by 27 a regional or national accrediting organization recognized by the board; or 28 (C) Has graduated from an audiology program that is housed in 29 an institution of higher education outside of the United States 30 (i) for which the program and institution have been 31 approved by the authorized accrediting body in the applicable country;
01 and 02 (ii) the degree program has been verified by an 03 independent credentials review agency to be comparable to a state 04 licensing board-approved program. 05 (2) Has completed a supervised clinical practicum experience from an 06 accredited educational institution or its cooperating programs as required by the 07 Commission; 08 (3) Has successfully passed a national examination approved by the 09 Commission; 10 (4) Holds an active, unencumbered license; 11 (5) Has not been convicted or found guilty, and has not entered into an 12 agreed disposition, of a felony related to the practice of audiology, under applicable 13 state or federal criminal law; 14 (6) Has a valid United States Social Security or National Practitioner 15 Identification number. 16 (f) For a speech-language pathologist: 17 (1) Must meet one of the following educational requirements: 18 (A) Has graduated with a master's degree from a speech- 19 language pathology program that is accredited by an organization recognized 20 by the United States Department of Education and operated by a college or 21 university accredited by a regional or national accrediting organization 22 recognized by the board; or 23 (B) Has graduated from a speech-language pathology program 24 that is housed in an institution of higher education outside of the United States 25 (a) for which the program and institution have been approved by the authorized 26 accrediting body in the applicable country and (b) the degree program has been 27 verified by an independent credentials review agency to be comparable to a 28 state licensing board-approved program. 29 (2) Has completed a supervised clinical practicum experience from an 30 educational institution or its cooperating programs as required by the Commission; 31 (3) Has completed a supervised postgraduate professional experience
01 as required by the Commission; 02 (4) Has successfully passed a national examination approved by the 03 Commission; 04 (5) Holds an active, unencumbered license; 05 (6) Has not been convicted or found guilty, and has not entered into an 06 agreed disposition, of a felony related to the practice of speech-language pathology, 07 under applicable state or federal criminal law; 08 (7) Has a valid United States Social Security or National Practitioner 09 Identification number. 10 (g) The privilege to practice is derived from the home state license. 11 (h) An audiologist or speech-language pathologist practicing in a member 12 state must comply with the state practice laws of the state in which the client is located 13 at the time service is provided. The practice of audiology and speech-language 14 pathology shall include all audiology and speech-language pathology practice as 15 defined by the state practice laws of the member state in which the client is located. 16 The practice of audiology and speech-language pathology in a member state under a 17 privilege to practice shall subject an audiologist or speech-language pathologist to the 18 jurisdiction of the licensing board, the courts and the laws of the member state in 19 which the client is located at the time service is provided. 20 (i) Individuals not residing in a member state shall continue to be able to apply 21 for a member state's single-state license as provided under the laws of each member 22 state. However, the single-state license granted to these individuals shall not be 23 recognized as granting the privilege to practice audiology or speech-language 24 pathology in any other member state. Nothing in this Compact shall affect the 25 requirements established by a member state for the issuance of a single-state license. 26 (j) Member states may charge a fee for granting a compact privilege. 27 (k) Member states must comply with the bylaws and rules and regulations of 28 the Commission. 29 SECTION 4. COMPACT PRIVILEGE 30 (a) To exercise the compact privilege under the terms and provisions of the 31 Compact, the audiologist or speech-language pathologist shall:
01 (1) Hold an active license in the home state; 02 (2) Have no encumbrance on any state license; 03 (3) Be eligible for a compact privilege in any member state in 04 accordance with Section 3; 05 (4) Have not had any adverse action against any license or compact 06 privilege within the previous 2 years from date of application; 07 (5) Notify the Commission that the licensee is seeking the compact 08 privilege within a remote state(s); 09 (6) Pay any applicable fees, including any state fee, for the compact 10 privilege; 11 (7) Report to the Commission adverse action taken by any non- 12 member state within 30 days from the date the adverse action is taken. 13 (b) For the purposes of the compact privilege, an audiologist or speech- 14 language pathologist shall only hold one home state license at a time. 15 (c) Except as provided in Section 6, if an audiologist or speech-language 16 pathologist changes primary state of residence by moving between two member states, 17 the audiologist or speech-language pathologist must apply for licensure in the new 18 home state, and the license issued by the prior home state shall be deactivated in 19 accordance with applicable rules adopted by the Commission. 20 (d) The audiologist or speech-language pathologist may apply for licensure in 21 advance of a change in primary state of residence. 22 (e) A license shall not be issued by the new home state until the audiologist or 23 speech-language pathologist provides satisfactory evidence of a change in primary 24 state of residence to the new home state and satisfies all applicable requirements to 25 obtain a license from the new home state. 26 (f) If an audiologist or speech-language pathologist changes primary state of 27 residence by moving from a member state to a non-member state, the license issued by 28 the prior home state shall convert to a single-state license, valid only in the former 29 home state. 30 (g) The compact privilege is valid until the expiration date of the home state 31 license. The licensee must comply with the requirements of Section 4(a) to maintain
01 the compact privilege in the remote state. 02 (h) A licensee providing audiology or speech-language pathology services in a 03 remote state under the compact privilege shall function within the laws and regulations 04 of the remote state. 05 (i) A licensee providing audiology or speech-language pathology services in a 06 remote state is subject to that state's regulatory authority. A remote state may, in 07 accordance with due process and that state's laws, remove a licensee's compact 08 privilege in the remote state for a specific period of time, impose fines, and/or take any 09 other necessary actions to protect the health and safety of its citizens. 10 (j) If a home state license is encumbered, the licensee shall lose the compact 11 privilege in any remote state until the following occur: 12 (1) The home state license is no longer encumbered; and 13 (2) Two years have elapsed from the date of the adverse action. 14 (k) Once an encumbered license in the home state is restored to good standing, 15 the licensee must meet the requirements of Section 4(a) to obtain a compact privilege 16 in any remote state. 17 (l) Once the requirements of Section 4(j) have been met, the licensee must 18 meet the requirements in Section 4(a) to obtain a compact privilege in a remote state. 19 SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 20 Member states shall recognize the right of an audiologist or speech-language 21 pathologist, licensed by a home state in accordance with Section 3 and under rules 22 promulgated by the Commission, to practice audiology or speech-language pathology 23 in any member state via telehealth under a privilege to practice as provided in the 24 Compact and rules promulgated by the Commission. 25 SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 26 Active duty military personnel, or their spouse, shall designate a home state 27 where the individual has a current license in good standing. The individual may retain 28 the home state designation during the period the service member is on active duty. 29 Subsequent to designating a home state, the individual shall only change their home 30 state through application for licensure in the new state. 31 SECTION 7. ADVERSE ACTIONS
01 (a) In addition to the other powers conferred by state law, a remote state shall 02 have the authority, in accordance with existing state due process law, to: 03 (1) Take adverse action against an audiologist's or speech-language 04 pathologist's privilege to practice within that member state. 05 (2) Issue subpoenas for both hearings and investigations that require 06 the attendance and testimony of witnesses as well as the production of evidence. 07 Subpoenas issued by a licensing board in a member state for the attendance and 08 testimony of witnesses or the production of evidence from another member state shall 09 be enforced in the latter state by any court of competent jurisdiction, according to the 10 practice and procedure of that court applicable to subpoenas issued in proceedings 11 pending before it. The issuing authority shall pay any witness fees, travel expenses, 12 mileage and other fees required by the service statutes of the state in which the 13 witnesses or evidence are located. 14 (3) Only the home state shall have the power to take adverse action 15 against an audiologist's or speech-language pathologist's license issued by the home 16 state. 17 (b) For purposes of taking adverse action, the home state shall give the same 18 priority and effect to reported conduct received from a member state as it would if the 19 conduct had occurred within the home state. In so doing, the home state shall apply its 20 own state laws to determine appropriate action. 21 (c) The home state shall complete any pending investigations of an audiologist 22 or speech-language pathologist who changes primary state of residence during the 23 course of the investigations. The home state shall also have the authority to take 24 appropriate action(s) and shall promptly report the conclusions of the investigations to 25 the administrator of the data system. The administrator of the coordinated licensure 26 information system shall promptly notify the new home state of any adverse actions. 27 (d) If otherwise permitted by state law, the member state may recover from the 28 affected audiologist or speech-language pathologist the costs of investigations and 29 disposition of cases resulting from any adverse action taken against that audiologist or 30 speech-language pathologist. 31 (e) The member state may take adverse action based on the factual findings of
01 the remote state, provided that the member state follows the member state's own 02 procedures for taking the adverse action. 03 (f) Joint Investigations 04 (1) In addition to the authority granted to a member state by its 05 respective audiology or speech-language pathology practice act or other applicable 06 state law, any member state may participate with other member states in joint 07 investigations of licensees. 08 (2) Member states shall share any investigative, litigation, or 09 compliance materials in furtherance of any joint or individual investigation initiated 10 under the Compact. 11 (g) If adverse action is taken by the home state against an audiologist's or 12 speech-language pathologist's license, the audiologist's or speech-language 13 pathologist's privilege to practice in all other member states shall be deactivated until 14 all encumbrances have been removed from the state license. All home state 15 disciplinary orders that impose adverse action against an audiologist's or speech- 16 language pathologist's license shall include a statement that the audiologist's or 17 speech-language pathologist's privilege to practice is deactivated in all member states 18 during the pendency of the order. 19 (h) If a member state takes adverse action, it shall promptly notify the 20 administrator of the data system. The administrator of the data system shall promptly 21 notify the home state of any adverse actions by remote states. 22 (i) Nothing in this Compact shall override a member state's decision that 23 participation in an alternative program may be used in lieu of adverse action. 24 SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH- 25 LANGUAGE PATHOLOGY COMPACT COMMISSION 26 (a) The Compact member states hereby create and establish a joint public 27 agency known as the Audiology and Speech-Language Pathology Compact 28 Commission: 29 (1) The Commission is an instrumentality of the Compact states. 30 (2) Venue is proper and judicial proceedings by or against the 31 Commission shall be brought solely and exclusively in a court of competent
01 jurisdiction where the principal office of the Commission is located. The Commission 02 may waive venue and jurisdictional defenses to the extent it adopts or consents to 03 participate in alternative dispute resolution proceedings. 04 (3) Nothing in this Compact shall be construed to be a waiver of 05 sovereign immunity. 06 (b) Membership, Voting and Meetings 07 (1) Each member state shall have two (2) delegates selected by that 08 member state's licensing board. The delegates shall be current members of the 09 licensing board. One shall be an audiologist and one shall be a speech-language 10 pathologist. 11 (2) An additional five (5) delegates, who are either a public member or 12 board administrator from a state licensing board, shall be chosen by the Executive 13 Committee from a pool of nominees provided by the Commission at Large. 14 (3) Any delegate may be removed or suspended from office as 15 provided by the law of the state from which the delegate is appointed. 16 (4) The member state board shall fill any vacancy occurring on the 17 Commission, within 90 days. 18 (5) Each delegate shall be entitled to one (1) vote with regard to the 19 promulgation of rules and creation of bylaws and shall otherwise have an opportunity 20 to participate in the business and affairs of the Commission. 21 (6) A delegate shall vote in person or by other means as provided in 22 the bylaws. The bylaws may provide for delegates' participation in meetings by 23 telephone or other means of communication. 24 (7) The Commission shall meet at least once during each calendar 25 year. Additional meetings shall be held as set forth in the bylaws. 26 (c) The Commission shall have the following powers and duties: 27 (1) Establish the fiscal year of the Commission; 28 (2) Establish bylaws; 29 (3) Establish a Code of Ethics; 30 (4) Maintain its financial records in accordance with the bylaws; 31 (5) Meet and take actions as are consistent with the provisions of this
01 Compact and the bylaws; 02 (6) Promulgate uniform rules to facilitate and coordinate 03 implementation and administration of this Compact. The rules shall have the force and 04 effect of law and shall be binding in all member states; 05 (7) Bring and prosecute legal proceedings or actions in the name of the 06 Commission, provided that the standing of any state audiology or speech-language 07 pathology licensing board to sue or be sued under applicable law shall not be affected; 08 (8) Purchase and maintain insurance and bonds; 09 (9) Borrow, accept, or contract for services of personnel, including, but 10 not limited to, employees of a member state; 11 (10) Hire employees, elect or appoint officers, fix compensation, 12 define duties, grant individuals appropriate authority to carry out the purposes of the 13 Compact, and to establish the Commission's personnel policies and programs relating 14 to conflicts of interest, qualifications of personnel, and other related personnel matters; 15 (11) Accept any and all appropriate donations and grants of money, 16 equipment, supplies, materials and services, and to receive, utilize and dispose of the 17 same; provided that at all times the Commission shall avoid any appearance of 18 impropriety and/or conflict of interest; 19 (12) Lease, purchase, accept appropriate gifts or donations of, or 20 otherwise to own, hold, improve or use, any property, real, personal or mixed; 21 provided that at all times the Commission shall avoid any appearance of impropriety; 22 (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 23 otherwise dispose of any property, real, personal, or mixed; 24 (14) Establish a budget and make expenditures; 25 (15) Borrow money; 26 (16) Appoint committees, including standing committees composed of 27 members, and other interested persons as may be designated in this Compact and the 28 bylaws; 29 (17) Provide and receive information from, and cooperate with, law 30 enforcement agencies; 31 (18) Establish and elect an Executive Committee; and
01 (19) Perform other functions as may be necessary or appropriate to 02 achieve the purposes of this Compact consistent with the state regulation of audiology 03 and speech-language pathology licensure and practice. 04 (d) The Executive Committee 05 (1) The Executive Committee shall have the power to act on behalf of 06 the Commission according to the terms of this Compact; 07 (2) The Executive Committee shall be composed of 10 members: 08 (A) Seven voting members who are elected by the Commission 09 from the current membership of the Commission; 10 (B) Two ex-officios, consisting of one nonvoting member from 11 a recognized national audiology professional association and one nonvoting 12 member from a recognized national speech-language pathology association; 13 and 14 (C) One ex-officio, nonvoting member from the recognized 15 membership organization of the audiology and speech-language pathology 16 licensing boards. 17 (e) The ex-officio members shall be selected by their respective organizations. 18 (1) The Commission may remove any member of the Executive 19 Committee as provided in bylaws. 20 (2) The Executive Committee shall meet at least annually. 21 (3) The Executive Committee shall have the following duties and 22 responsibilities: 23 (A) Recommend to the entire Commission changes to the rules 24 or bylaws, changes to this Compact legislation, fees paid by Compact member 25 states such as annual dues, and any commission Compact fee charged to 26 licensees for the compact privilege; 27 (B) Ensure Compact administration services are appropriately 28 provided, contractual or otherwise; 29 (C) Prepare and recommend the budget; 30 (D) Maintain financial records on behalf of the Commission; 31 (E) Monitor Compact compliance of member states and
01 provide compliance reports to the Commission; 02 (F) Establish additional committees as necessary; and 03 (G) Other duties as provided in rules or bylaws. 04 (4) Meetings of the Commission. All meetings shall be open to the 05 public, and public notice of meetings shall be given in the same manner as required 06 under the rulemaking provisions in Section 10. 07 (5) The Commission or the Executive Committee or other committees 08 of the Commission may convene in a closed, non-public meeting if the Commission or 09 Executive Committee or other committees of the Commission must discuss: 10 (A) Non-compliance of a member state with its obligations 11 under the Compact; 12 (B) The employment, compensation, discipline or other 13 matters, practices or procedures related to specific employees or other matters 14 related to the Commission's internal personnel practices and procedures; 15 (C) Current, threatened, or reasonably anticipated litigation; 16 (D) Negotiation of contracts for the purchase, lease, or sale of 17 goods, services, or real estate; 18 (E) Accusing any person of a crime or formally censuring any 19 person; 20 (F) Disclosure of trade secrets or commercial or financial 21 information that is privileged or confidential; 22 (G) Disclosure of information of a personal nature where 23 disclosure would constitute a clearly unwarranted invasion of personal privacy; 24 (H) Disclosure of investigative records compiled for law 25 enforcement purposes; 26 (I) Disclosure of information related to any investigative 27 reports prepared by or on behalf of or for use of the Commission or other 28 committee charged with responsibility of investigation or determination of 29 compliance issues pursuant to the Compact; or 30 (J) Matters specifically exempted from disclosure by federal or 31 member state statute.
01 (6) If a meeting, or portion of a meeting, is closed pursuant to this 02 provision, the Commission's legal counsel or designee shall certify that the meeting 03 may be closed and shall reference each relevant exempting provision. 04 (7) The Commission shall keep minutes that fully and clearly describe 05 all matters discussed in a meeting and shall provide a full and accurate summary of 06 actions taken, and the reasons therefore, including a description of the views 07 expressed. All documents considered in connection with an action shall be identified 08 in minutes. All minutes and documents of a closed meeting shall remain under seal, 09 subject to release by a majority vote of the Commission or order of a court of 10 competent jurisdiction. 11 (8) Financing of the Commission 12 (A) The Commission shall pay, or provide for the payment of, 13 the reasonable expenses of its establishment, organization, and ongoing 14 activities. 15 (B) The Commission may accept any and all appropriate 16 revenue sources, donations, and grants of money, equipment, supplies, 17 materials, and services. 18 (C) The Commission may levy on and collect an annual 19 assessment from each member state or impose fees on other parties to cover 20 the cost of the operations and activities of the Commission and its staff, which 21 must be in a total amount sufficient to cover its annual budget as approved 22 each year for which revenue is not provided by other sources. The aggregate 23 annual assessment amount shall be allocated based upon a formula to be 24 determined by the Commission, which shall promulgate a rule binding upon all 25 member states. 26 (9) The Commission shall not incur obligations of any kind prior to 27 securing the funds adequate to meet the same; nor shall the Commission pledge the 28 credit of any of the member states, except by and with the authority of the member 29 state. 30 (10) The Commission shall keep accurate accounts of all receipts and 31 disbursements. The receipts and disbursements of the Commission shall be subject to
01 the audit and accounting procedures established under its bylaws. However, all 02 receipts and disbursements of funds handled by the Commission shall be audited 03 yearly by a certified or licensed public accountant, and the report of the audit shall be 04 included in and become part of the annual report of the Commission. 05 (f) Qualified Immunity, Defense, and Indemnification 06 (1) The members, officers, executive director, employees and 07 representatives of the Commission shall be immune from suit and liability, either 08 personally or in their official capacity, for any claim for damage to or loss of property 09 or personal injury or other civil liability caused by or arising out of any actual or 10 alleged act, error or omission that occurred, or that the person against whom the claim 11 is made had a reasonable basis for believing occurred within the scope of Commission 12 employment, duties or responsibilities; provided that nothing in this paragraph shall be 13 construed to protect any person from suit and/or liability for any damage, loss, injury, 14 or liability caused by the intentional or willful or wanton misconduct of that person. 15 (2) The Commission shall defend any member, officer, executive 16 director, employee or representative of the Commission in any civil action seeking to 17 impose liability arising out of any actual or alleged act, error, or omission that 18 occurred within the scope of Commission employment, duties, or responsibilities, or 19 that the person against whom the claim is made had a reasonable basis for believing 20 occurred within the scope of Commission employment, duties, or responsibilities; 21 provided that nothing herein shall be construed to prohibit that person from retaining 22 his or her own counsel; and provided further, that the actual or alleged act, error, or 23 omission did not result from that person's intentional or willful or wanton misconduct. 24 (3) The Commission shall indemnify and hold harmless any member, 25 officer, executive director, employee, or representative of the Commission for the 26 amount of any settlement or judgment obtained against that person arising out of any 27 actual or alleged act, error or omission that occurred within the scope of Commission 28 employment, duties, or responsibilities, or that person had a reasonable basis for 29 believing occurred within the scope of Commission employment, duties, or 30 responsibilities, provided that the actual or alleged act, error, or omission did not result 31 from the intentional or willful or wanton misconduct of that person.
01 SECTION 9. DATA SYSTEM 02 (a) The Commission shall provide for the development, maintenance, and 03 utilization of a coordinated database and reporting system containing licensure, 04 adverse action, and investigative information on all licensed individuals in member 05 states. 06 (b) Notwithstanding any other provision of state law to the contrary, a member 07 state shall submit a uniform data set to the data system on all individuals to whom this 08 Compact is applicable as required by the rules of the Commission, including: 09 (1) Identifying information; 10 (2) Licensure data; 11 (3) Adverse actions against a license or compact privilege; 12 (4) Non-confidential information related to alternative program 13 participation; 14 (5) Any denial of application for licensure, and the reason(s) for 15 denial; and 16 (6) Other information that may facilitate the administration of this 17 Compact, as determined by the rules of the Commission. 18 (c) Investigative information pertaining to a licensee in any member state shall 19 only be available to other member states. 20 (d) The Commission shall promptly notify all member states of any adverse 21 action taken against a licensee or an individual applying for a license. Adverse action 22 information pertaining to a licensee in any member state shall be available to any other 23 member state. 24 (e) Member states contributing information to the data system may designate 25 information that may not be shared with the public without the express permission of 26 the contributing state. 27 (f) Any information submitted to the data system that is subsequently required 28 to be expunged by the laws of the member state contributing the information shall be 29 removed from the data system. 30 SECTION 10. RULEMAKING 31 (a) The Commission shall exercise its rulemaking powers pursuant to the
01 criteria set forth in this Section and the rules adopted thereunder. Rules and 02 amendments shall become binding as of the date specified in each rule or amendment. 03 (b) If a majority of the legislatures of the member states rejects a rule, by 04 enactment of a statute or resolution in the same manner used to adopt the Compact 05 within 4 years of the date of adoption of the rule, the rule shall have no further force 06 and effect in any member state. 07 (c) Rules or amendments to the rules shall be adopted at a regular or special 08 meeting of the Commission. 09 (d) Prior to promulgation and adoption of a final rule or rules by the 10 Commission, and at least thirty days in advance of the meeting at which the rule shall 11 be considered and voted upon, the Commission shall file a Notice of Proposed 12 Rulemaking: 13 (1) On the website of the Commission or other publicly accessible 14 platform; and 15 (2) On the website of each member state audiology or speech-language 16 pathology licensing board or other publicly accessible platform or the publication in 17 which each state would otherwise publish proposed rules. 18 (e) The Notice of Proposed Rulemaking shall include: 19 (1) The proposed time, date, and location of the meeting in which the 20 rule shall be considered and voted upon; 21 (2) The text of the proposed rule or amendment and the reason for the 22 proposed rule; 23 (3) A request for comments on the proposed rule from any interested 24 person; and 25 (4) The manner in which interested persons may submit notice to the 26 Commission of their intention to attend the public hearing and any written comments. 27 (f) Prior to the adoption of a proposed rule, the Commission shall allow 28 persons to submit written data, facts, opinions and arguments, which shall be made 29 available to the public. 30 (g) The Commission shall grant an opportunity for a public hearing before it 31 adopts a rule or amendment if a hearing is requested by:
01 (1) At least twenty-five (25) persons; 02 (2) A state or federal governmental subdivision or agency; or 03 (3) An association having at least twenty-five (25) members. 04 (h) If a hearing is held on the proposed rule or amendment, the Commission 05 shall publish the place, time, and date of the scheduled public hearing. If the hearing is 06 held via electronic means, the Commission shall publish the mechanism for access to 07 the electronic hearing. 08 (1) All persons wishing to be heard at the hearing shall notify the 09 executive director of the Commission or other designated member in writing of their 10 desire to appear and testify at the hearing not less than five (5) business days before 11 the scheduled date of the hearing. 12 (2) Hearings shall be conducted in a manner providing each person 13 who wishes to comment a fair and reasonable opportunity to comment orally or in 14 writing. 15 (3) All hearings shall be recorded. A copy of the recording shall be 16 made available on request. 17 (4) Nothing in this section shall be construed as requiring a separate 18 hearing on each rule. Rules may be grouped for the convenience of the Commission at 19 hearings required by this section. 20 (i) Following the scheduled hearing date, or by the close of business on the 21 scheduled hearing date if the hearing was not held, the Commission shall consider all 22 written and oral comments received. 23 (j) If no written notice of intent to attend the public hearing by interested 24 parties is received, the Commission may proceed with promulgation of the proposed 25 rule without a public hearing. 26 (k) The Commission shall, by majority vote of all members, take final action 27 on the proposed rule and shall determine the effective date of the rule, if any, based on 28 the rulemaking record and the full text of the rule. 29 (l) Upon determination that an emergency exists, the Commission may 30 consider and adopt an emergency rule without prior notice, opportunity for comment, 31 or hearing, provided that the usual rulemaking procedures provided in the Compact
01 and in this section shall be retroactively applied to the rule as soon as reasonably 02 possible, in no event later than ninety (90) days after the effective date of the rule. For 03 the purposes of this provision, an emergency rule is one that must be adopted 04 immediately in order to: 05 (1) Meet an imminent threat to public health, safety, or welfare; 06 (2) Prevent a loss of Commission or member state funds; or 07 (3) Meet a deadline for the promulgation of an administrative rule that 08 is established by federal law or rule. 09 (m) The Commission or an authorized committee of the Commission may 10 direct revisions to a previously adopted rule or amendment for purposes of correcting 11 typographical errors, errors in format, errors in consistency, or grammatical errors. 12 Public notice of any revisions shall be posted on the website of the Commission. The 13 revision shall be subject to challenge by any person for a period of thirty (30) days 14 after posting. The revision may be challenged only on grounds that the revision results 15 in a material change to a rule. A challenge shall be made in writing and delivered to 16 the chair of the Commission prior to the end of the notice period. If no challenge is 17 made, the revision shall take effect without further action. If the revision is challenged, 18 the revision may not take effect without the approval of the Commission. 19 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 20 (a) Dispute Resolution 21 (1) Upon request by a member state, the Commission shall attempt to 22 resolve disputes related to the Compact that arise among member states and between 23 member and non-member states. 24 (2) The Commission shall promulgate a rule providing for both 25 mediation and binding dispute resolution for disputes as appropriate. 26 (b) Enforcement 27 (1) The Commission, in the reasonable exercise of its discretion, shall 28 enforce the provisions and rules of this Compact. 29 (2) By majority vote, the Commission may initiate legal action in the 30 United States District Court for the District of Columbia or the federal district where 31 the Commission has its principal offices against a member state in default to enforce
01 compliance with the provisions of the Compact and its promulgated rules and bylaws. 02 The relief sought may include both injunctive relief and damages. In the event judicial 03 enforcement is necessary, the prevailing member shall be awarded all costs of 04 litigation, including reasonable attorney's fees. 05 (3) The remedies herein shall not be the exclusive remedies of the 06 Commission. The Commission may pursue any other remedies available under federal 07 or state law. 08 SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 09 COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE 10 PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 11 AND AMENDMENT 12 (a) The Compact shall come into effect on the date on which the Compact 13 statute is enacted into law in the 10th member state. The provisions, which become 14 effective at that time, shall be limited to the powers granted to the Commission 15 relating to assembly and the promulgation of rules. Thereafter, the Commission shall 16 meet and exercise rulemaking powers necessary to the implementation and 17 administration of the Compact. 18 (b) Any state that joins the Compact subsequent to the Commission's initial 19 adoption of the rules shall be subject to the rules as they exist on the date on which the 20 Compact becomes law in that state. Any rule that has been previously adopted by the 21 Commission shall have the full force and effect of law on the day the Compact 22 becomes law in that state. 23 (c) Any member state may withdraw from this Compact by enacting a statute 24 repealing the same. 25 (1) A member state's withdrawal shall not take effect until six (6) 26 months after enactment of the repealing statute. 27 (2) Withdrawal shall not affect the continuing requirement of the 28 withdrawing state's audiology or speech-language pathology licensing board to 29 comply with the investigative and adverse action reporting requirements of this act 30 prior to the effective date of withdrawal. 31 (d) Nothing contained in this Compact shall be construed to invalidate or
01 prevent any audiology or speech-language pathology licensure agreement or other 02 cooperative arrangement between a member state and a non-member state that does 03 not conflict with the provisions of this Compact. 04 (e) This Compact may be amended by the member states. No amendment to 05 this Compact shall become effective and binding upon any member state until it is 06 enacted into the laws of all member states. 07 SECTION 13. CONSTRUCTION AND SEVERABILITY 08 This Compact shall be liberally construed so as to effectuate the purposes 09 thereof. The provisions of this Compact shall be severable and if any phrase, clause, 10 sentence or provision of this Compact is declared to be contrary to the constitution of 11 any member state or of the United States or the applicability thereof to any 12 government, agency, person or circumstance is held invalid, the validity of the 13 remainder of this Compact and the applicability thereof to any government, agency, 14 person or circumstance shall not be affected thereby. If this Compact shall be held 15 contrary to the constitution of any member state, the Compact shall remain in full 16 force and effect as to the remaining member states and in full force and effect as to the 17 member state affected as to all severable matters. 18 SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 19 (a) Nothing herein prevents the enforcement of any other law of a member 20 state that is not inconsistent with the Compact. 21 (b) All laws in a member state in conflict with the Compact are superseded to 22 the extent of the conflict. 23 (c) All lawful actions of the Commission, including all rules and bylaws 24 promulgated by the Commission, are binding upon the member states. 25 (d) All agreements between the Commission and the member states are 26 binding in accordance with their terms. 27 (e) In the event any provision of the Compact exceeds the constitutional limits 28 imposed on the legislature of any member state, the provision shall be ineffective to 29 the extent of the conflict with the constitutional provision in question in that member 30 state. 31 * Sec. 7. AS 12.62.400(a), as amended by sec. 156, ch. 8, SLA 2022, is amended to read:
01 (a) To obtain a national criminal history record check for determining a 02 person's qualifications for a license, permit, registration, employment, or position, a 03 person shall submit the person's fingerprints to the department with the fee established 04 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 05 of Investigation to obtain a national criminal history record check of the person for the 06 purpose of evaluating a person's qualifications for 07 (1) a license or conditional contractor's permit to manufacture, sell, 08 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 09 under AS 04.09; 10 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 11 loan originator under AS 06.60; 12 (3) admission to the Alaska Bar Association under AS 08.08; 13 (4) licensure as a collection agency operator under AS 08.24; 14 (5) a certificate of fitness to handle explosives under AS 08.52; 15 (6) licensure as a massage therapist under AS 08.61; 16 (7) licensure to practice nursing or certification as a nurse aide under 17 AS 08.68; 18 (8) certification as a real estate appraiser under AS 08.87; 19 (9) a position involving supervisory or disciplinary power over a minor 20 or dependent adult for which criminal justice information may be released under 21 AS 12.62.160(b)(9); 22 (10) a teacher certificate under AS 14.20; 23 (11) a registration or license to operate a marijuana establishment 24 under AS 17.38; 25 (12) admittance to a police training program under AS 18.65.230 or for 26 certification as a police officer under AS 18.65.240 if that person's prospective 27 employer does not have access to a criminal justice information system; 28 (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 29 (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 30 (15) licensure as an insurance producer, managing general agent, 31 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines
01 broker, or independent adjuster under AS 21.27; 02 (16) serving and executing process issued by a court by a person 03 designated under AS 22.20.130; 04 (17) a school bus driver license under AS 28.15.046; 05 (18) licensure as an operator or an instructor for a commercial driver 06 training school under AS 28.17; 07 (19) registration as a broker-dealer, agent, investment adviser 08 representative, or investment adviser under AS 45.56.300 - 45.56.350; 09 (20) licensure, license renewal, certification, certification renewal, or 10 payment from the Department of Health of an individual and an entity subject to the 11 requirements for a criminal history check under AS 47.05.310, including 12 (A) a public home care provider described in AS 47.05.017; 13 (B) a provider of home and community-based waiver services 14 financed under AS 47.07.030(c); 15 (C) a case manager to coordinate community mental health 16 services under AS 47.30.530; 17 (D) an entity listed in AS 47.32.010(b) and (c), including an 18 owner, officer, director, member, partner, employee, volunteer, or contractor of 19 an entity; or 20 (E) an individual or entity not described in (A) - (D) of this 21 paragraph that is required by statute or regulation to be licensed or certified by 22 the Department of Health or that is eligible to receive payments, in whole or in 23 part, from the Department of Health to provide for the health, safety, and 24 welfare of persons who are served by the programs administered by the 25 Department of Health; 26 (21) employment as a village public safety officer under AS 18.65.672 27 or certification as a village public safety officer under AS 18.65.682; 28 (22) licensure, license renewal, certification, or certification renewal 29 by the Department of Family and Community Services of an individual or entity, or 30 payment from the Department of Family and Community Services to an individual or 31 entity, subject to the requirements for a criminal history check under AS 47.05.310 for
01 a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 02 including an owner, officer, director, member, partner, employee, volunteer, or 03 contractor of an entity; 04 (23) licensure to practice audiology or speech-language pathology 05 under AS 08.11. 06 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 09 Economic Development may adopt regulations as necessary to implement the changes made 10 by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 11 not before the effective date of the law implemented by the regulation. 12 * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 13 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2024.