Enrolled SB 75: 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.
00Enrolled SB 75 01 Relating to an audiology and speech-language interstate compact; relating to the practice of 02 audiology and the practice of speech-language pathology; and providing for an effective date. 03 _______________ 04 * Section 1. AS 08.11.010 is amended to read: 05 Sec. 08.11.010. Qualifications for audiologist license. The department shall 06 issue a license to practice audiology to an individual who 07 (1) is 18 years of age or older; 08 (2) applies on a form provided by the department; 09 (3) pays the fee required under AS 08.11.050; 10 (4) furnishes evidence satisfactory to the department that the person 11 (A) has not engaged in conduct that is a ground for imposing 12 disciplinary sanctions under AS 08.11.080; 13 (B) holds a master's degree or doctorate in audiology from an 14 accredited educational institution approved by the department; and either has 15 (i) a Certificate of Clinical Competence in Audiology
01 from the American Speech-Language-Hearing Association or the 02 equivalent of the certificate; or 03 (ii) practiced audiology for two years as of January 1, 04 1986, or is in the process of completing the year of supervised clinical 05 experience required for the Certificate of Clinical Competence of the 06 American Speech-Language-Hearing Association; and 07 (5) has been fingerprinted and has provided the fees required by 08 the Department of Public Safety under AS 12.62.160 for criminal justice 09 information and a national criminal history record check; the fingerprints and 10 fees shall be forwarded to the Department of Public Safety to obtain a report of 11 criminal justice information under AS 12.62 and a national criminal history 12 record check under AS 12.62.400. 13 * Sec. 2. AS 08.11.015 is amended to read: 14 Sec. 08.11.015. Qualifications for speech-language pathologist license. The 15 department shall issue a license to practice speech-language pathology to an individual 16 who 17 (1) is 18 years of age or older; 18 (2) applies on a form provided by the department; 19 (3) pays the fee required under AS 08.11.050; 20 (4) has not engaged in conduct that is a ground for imposing 21 disciplinary sanctions under AS 08.11.085; [AND] 22 (5) furnishes evidence satisfactory to the department that the person 23 holds a Certificate of Clinical Competence in speech-language pathology from the 24 American Speech-Language-Hearing Association or the equivalent of the certificate; 25 and 26 (6) has been fingerprinted and has provided the fees required by 27 the Department of Public Safety under AS 12.62.160 for criminal justice 28 information and a national criminal history record check; the fingerprints and 29 fees shall be forwarded to the Department of Public Safety to obtain a report of 30 criminal justice information under AS 12.62 and a national criminal history 31 record check under AS 12.62.400.
01 * Sec. 3. AS 08.11 is amended by adding a new section to read: 02 Sec. 08.11.017. Exemption from criminal justice information and criminal 03 history record check. An audiologist or speech-language pathologist holding a valid 04 license under this chapter on July 1, 2024, is exempt from the requirements of 05 AS 08.11.010(5) and 08.11.015(6), but is otherwise subject to this chapter. 06 * Sec. 4. AS 08.11.050 is amended to read: 07 Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for 08 each of the following: 09 (1) application; 10 (2) credential review; 11 (3) audiologist license and speech-language pathologist license; 12 (4) temporary license; 13 (5) renewal of license; 14 (6) delinquency; 15 (7) reinstatement; 16 (8) duplicate license; 17 (9) speech-language pathologist assistant registration application and 18 renewal; 19 (10) compact privilege. 20 * Sec. 5. AS 08.11.100 is amended to read: 21 Sec. 08.11.100. Prohibited acts. (a) Unless a person is licensed or granted a 22 compact privilege as an audiologist under this chapter, the person may not 23 (1) practice audiology; 24 (2) use a title indicating or representing that the person practices as an 25 audiologist; 26 (3) advertise that the person practices audiology. 27 (b) Unless a person is licensed or granted a compact privilege as a speech- 28 language pathologist under this chapter, the person may not 29 (1) practice speech-language pathology; 30 (2) use a title indicating or representing that the person practices as a 31 speech-language pathologist;
01 (3) advertise that the person practices speech-language pathology. 02 * Sec. 6. AS 08.11 is amended by adding a new section to read: 03 Article 2. Audiology and Speech-Language Interstate Compact. 04 Sec. 08.11.300. Audiology and speech-language interstate compact 05 enacted. The Department of Commerce, Community, and Economic Development 06 shall implement the audiology and speech-language interstate compact enacted under 07 this section. 08 SECTION 1. PURPOSE 09 The purpose of this Compact is to facilitate interstate practice of audiology and 10 speech-language pathology with the goal of improving public access to audiology and 11 speech-language pathology services. The practice of audiology and speech-language 12 pathology occurs in the state where the patient/client/student is located at the time of 13 the patient/client/student encounter. The Compact preserves the regulatory authority of 14 states to protect public health and safety through the current system of state licensure. 15 This Compact is designed to achieve the following objectives: 16 (1) Increase public access to audiology and speech-language pathology 17 services by providing for the mutual recognition of other member state licenses; 18 (2) Enhance the states' ability to protect the public's health and safety; 19 (3) Encourage the cooperation of member states in regulating 20 multistate audiology and speech-language pathology practice; 21 (4) Support spouses of relocating active duty military personnel; 22 (5) Enhance the exchange of licensure, investigative and disciplinary 23 information between member states; 24 (6) Allow a remote state to hold a provider of services with a compact 25 privilege in that state accountable to that state's practice standards; and 26 (7) Allow for the use of telehealth technology to facilitate increased 27 access to audiology and speech-language pathology services. 28 SECTION 2. DEFINITIONS 29 As used in this Compact, and except as otherwise provided, the following 30 definitions shall apply: 31 (1) "Active duty military" means full-time duty status in the active
01 uniformed service of the United States, including members of the National Guard and 02 Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211. 03 (2) "Adverse action" means any administrative, civil, equitable or 04 criminal action permitted by a state's laws which is imposed by a licensing board or 05 other authority against an audiologist or speech-language pathologist, including 06 actions against an individual's license or privilege to practice such as revocation, 07 suspension, probation, monitoring of the licensee, or restriction on the licensee's 08 practice. 09 (3) "Alternative program" means a non-disciplinary monitoring 10 process approved by an audiology or speech-language pathology licensing board to 11 address impaired practitioners. 12 (4) "Audiologist" means an individual who is licensed by a state to 13 practice audiology. 14 (5) "Audiology" means the care and services provided by a licensed 15 audiologist as set forth in the member state's statutes and rules. 16 (6) "Audiology and Speech-Language Pathology Compact 17 Commission" or "Commission" means the national administrative body whose 18 membership consists of all states that have enacted the Compact. 19 (7) "Audiology and speech-language pathology licensing board," 20 "audiology licensing board," "speech-language pathology licensing board," or 21 "licensing board" means the agency of a state that is responsible for the licensing and 22 regulation of audiologists and/or speech-language pathologists. 23 (8) "Compact privilege" means the authorization granted by a remote 24 state to allow a licensee from another member state to practice as an audiologist or 25 speech-language pathologist in the remote state under its laws and rules. The practice 26 of audiology or speech-language pathology occurs in the member state where the 27 patient/client/student is located at the time of the patient/client/student encounter. 28 (9) "Current significant investigative information" means investigative 29 information that a licensing board, after an inquiry or investigation that includes 30 notification and an opportunity for the audiologist or speech-language pathologist to 31 respond, if required by state law, has reason to believe is not groundless and, if proved
01 true, would indicate more than a minor infraction. 02 (10) "Data system" means a repository of information about licensees, 03 including, but not limited to, continuing education, examination, licensure, 04 investigative, compact privilege and adverse action. 05 (11) "Encumbered license" means a license in which an adverse action 06 restricts the practice of audiology or speech-language pathology by the licensee and 07 said adverse action has been reported to the National Practitioners Data Bank (NPDB). 08 (12) "Executive Committee" means a group of directors elected or 09 appointed to act on behalf of, and within the powers granted to them by, the 10 Commission. 11 (13) "Home state" means the member state that is the licensee's 12 primary state of residence. 13 (14) "Impaired practitioner" means individuals whose professional 14 practice is adversely affected by substance abuse, addiction, or other health-related 15 conditions. 16 (15) "Licensee" means an individual who currently holds an 17 authorization from the state licensing board to practice as an audiologist or speech- 18 language pathologist. 19 (16) "Member state" means a state that has enacted the Compact. 20 (17) "Privilege to practice" means a legal authorization permitting the 21 practice of audiology or speech-language pathology in a remote state. 22 (18) "Remote state" means a member state other than the home state 23 where a licensee is exercising or seeking to exercise the compact privilege. 24 (19) "Rule" means a regulation, principle or directive promulgated by 25 the Commission that has the force of law. 26 (20) "Single-state license" means an audiology or speech-language 27 pathology license issued by a member state that authorizes practice only within the 28 issuing state and does not include a privilege to practice in any other member state. 29 (21) "Speech-language pathologist" means an individual who is 30 licensed by a state to practice speech-language pathology. 31 (22) "Speech-language pathology" means the care and services
01 provided by a licensed speech-language pathologist as set forth in the member state's 02 statutes and rules. 03 (23) "State" means any state, commonwealth, district or territory of the 04 United States of America that regulates the practice of audiology and speech-language 05 pathology. 06 (24) "State practice laws" means a member state's laws, rules and 07 regulations that govern the practice of audiology or speech-language pathology, define 08 the scope of audiology or speech-language pathology practice, and create the methods 09 and grounds for imposing discipline. 10 (25) "Telehealth" means the application of telecommunication 11 technology to deliver audiology or speech-language pathology services at a distance 12 for assessment, intervention and/or consultation. 13 SECTION 3. STATE PARTICIPATION IN THE COMPACT 14 (a) A license issued to an audiologist or speech-language pathologist by a 15 home state to a resident in that state shall be recognized by each member state as 16 authorizing an audiologist or speech-language pathologist to practice audiology or 17 speech-language pathology, under a privilege to practice, in each member state. 18 (b) A state must implement or utilize procedures for considering the criminal 19 history records of applicants for initial privilege to practice. These procedures shall 20 include the submission of fingerprints or other biometric-based information by 21 applicants for the purpose of obtaining an applicant's criminal history record 22 information from the Federal Bureau of Investigation and the agency responsible for 23 retaining that state's criminal records. 24 (1) A member state must fully implement a criminal background check 25 requirement, within a time frame established by rule, by receiving the results of the 26 Federal Bureau of Investigation record search on criminal background checks and use 27 the results in making licensure decisions. 28 (2) Communication between a member state, the Commission and 29 among member states regarding the verification of eligibility for licensure through the 30 Compact shall not include any information received from the Federal Bureau of 31 Investigation relating to a federal criminal records check performed by a member state
01 under Public Law 92-544. 02 (c) Upon application for a privilege to practice, the licensing board in the 03 issuing remote state shall ascertain, through the data system, whether the applicant has 04 ever held, or is the holder of, a license issued by any other state, whether there are any 05 encumbrances on any license or privilege to practice held by the applicant, whether 06 any adverse action has been taken against any license or privilege to practice held by 07 the applicant. 08 (d) Each member state shall require an applicant to obtain or retain a license in 09 the home state and meet the home state's qualifications for licensure or renewal of 10 licensure, as well as, all other applicable state laws. 11 (e) For an audiologist: 12 (1) Must meet one of the following educational requirements: 13 (A) On or before, Dec. 31, 2007, has graduated with a master's 14 degree or doctorate in audiology, or equivalent degree regardless of degree 15 name, from a program that is accredited by an accrediting agency recognized 16 by the Council for Higher Education Accreditation, or its successor, or by the 17 United States Department of Education and operated by a college or university 18 accredited by a regional or national accrediting organization recognized by the 19 board; or 20 (B) On or after, Jan. 1, 2008, has graduated with a Doctoral 21 degree in audiology, or equivalent degree, regardless of degree name, from a 22 program that is accredited by an accrediting agency recognized by the Council 23 for Higher Education Accreditation, or its successor, or by the United States 24 Department of Education and operated by a college or university accredited by 25 a regional or national accrediting organization recognized by the board; or 26 (C) Has graduated from an audiology program that is housed in 27 an institution of higher education outside of the United States 28 (i) for which the program and institution have been 29 approved by the authorized accrediting body in the applicable country; 30 and 31 (ii) the degree program has been verified by an
01 independent credentials review agency to be comparable to a state 02 licensing board-approved program. 03 (2) Has completed a supervised clinical practicum experience from an 04 accredited educational institution or its cooperating programs as required by the 05 Commission; 06 (3) Has successfully passed a national examination approved by the 07 Commission; 08 (4) Holds an active, unencumbered license; 09 (5) Has not been convicted or found guilty, and has not entered into an 10 agreed disposition, of a felony related to the practice of audiology, under applicable 11 state or federal criminal law; 12 (6) Has a valid United States Social Security or National Practitioner 13 Identification number. 14 (f) For a speech-language pathologist: 15 (1) Must meet one of the following educational requirements: 16 (A) Has graduated with a master's degree from a speech- 17 language pathology program that is accredited by an organization recognized 18 by the United States Department of Education and operated by a college or 19 university accredited by a regional or national accrediting organization 20 recognized by the board; or 21 (B) Has graduated from a speech-language pathology program 22 that is housed in an institution of higher education outside of the United States 23 (a) for which the program and institution have been approved by the authorized 24 accrediting body in the applicable country and (b) the degree program has been 25 verified by an independent credentials review agency to be comparable to a 26 state licensing board-approved program. 27 (2) Has completed a supervised clinical practicum experience from an 28 educational institution or its cooperating programs as required by the Commission; 29 (3) Has completed a supervised postgraduate professional experience 30 as required by the Commission; 31 (4) Has successfully passed a national examination approved by the
01 Commission; 02 (5) Holds an active, unencumbered license; 03 (6) Has not been convicted or found guilty, and has not entered into an 04 agreed disposition, of a felony related to the practice of speech-language pathology, 05 under applicable state or federal criminal law; 06 (7) Has a valid United States Social Security or National Practitioner 07 Identification number. 08 (g) The privilege to practice is derived from the home state license. 09 (h) An audiologist or speech-language pathologist practicing in a member 10 state must comply with the state practice laws of the state in which the client is located 11 at the time service is provided. The practice of audiology and speech-language 12 pathology shall include all audiology and speech-language pathology practice as 13 defined by the state practice laws of the member state in which the client is located. 14 The practice of audiology and speech-language pathology in a member state under a 15 privilege to practice shall subject an audiologist or speech-language pathologist to the 16 jurisdiction of the licensing board, the courts and the laws of the member state in 17 which the client is located at the time service is provided. 18 (i) Individuals not residing in a member state shall continue to be able to apply 19 for a member state's single-state license as provided under the laws of each member 20 state. However, the single-state license granted to these individuals shall not be 21 recognized as granting the privilege to practice audiology or speech-language 22 pathology in any other member state. Nothing in this Compact shall affect the 23 requirements established by a member state for the issuance of a single-state license. 24 (j) Member states may charge a fee for granting a compact privilege. 25 (k) Member states must comply with the bylaws and rules and regulations of 26 the Commission. 27 SECTION 4. COMPACT PRIVILEGE 28 (a) To exercise the compact privilege under the terms and provisions of the 29 Compact, the audiologist or speech-language pathologist shall: 30 (1) Hold an active license in the home state; 31 (2) Have no encumbrance on any state license;
01 (3) Be eligible for a compact privilege in any member state in 02 accordance with Section 3; 03 (4) Have not had any adverse action against any license or compact 04 privilege within the previous 2 years from date of application; 05 (5) Notify the Commission that the licensee is seeking the compact 06 privilege within a remote state(s); 07 (6) Pay any applicable fees, including any state fee, for the compact 08 privilege; 09 (7) Report to the Commission adverse action taken by any non- 10 member state within 30 days from the date the adverse action is taken. 11 (b) For the purposes of the compact privilege, an audiologist or speech- 12 language pathologist shall only hold one home state license at a time. 13 (c) Except as provided in Section 6, if an audiologist or speech-language 14 pathologist changes primary state of residence by moving between two member states, 15 the audiologist or speech-language pathologist must apply for licensure in the new 16 home state, and the license issued by the prior home state shall be deactivated in 17 accordance with applicable rules adopted by the Commission. 18 (d) The audiologist or speech-language pathologist may apply for licensure in 19 advance of a change in primary state of residence. 20 (e) A license shall not be issued by the new home state until the audiologist or 21 speech-language pathologist provides satisfactory evidence of a change in primary 22 state of residence to the new home state and satisfies all applicable requirements to 23 obtain a license from the new home state. 24 (f) If an audiologist or speech-language pathologist changes primary state of 25 residence by moving from a member state to a non-member state, the license issued by 26 the prior home state shall convert to a single-state license, valid only in the former 27 home state. 28 (g) The compact privilege is valid until the expiration date of the home state 29 license. The licensee must comply with the requirements of Section 4(a) to maintain 30 the compact privilege in the remote state. 31 (h) A licensee providing audiology or speech-language pathology services in a
01 remote state under the compact privilege shall function within the laws and regulations 02 of the remote state. 03 (i) A licensee providing audiology or speech-language pathology services in a 04 remote state is subject to that state's regulatory authority. A remote state may, in 05 accordance with due process and that state's laws, remove a licensee's compact 06 privilege in the remote state for a specific period of time, impose fines, and/or take any 07 other necessary actions to protect the health and safety of its citizens. 08 (j) If a home state license is encumbered, the licensee shall lose the compact 09 privilege in any remote state until the following occur: 10 (1) The home state license is no longer encumbered; and 11 (2) Two years have elapsed from the date of the adverse action. 12 (k) Once an encumbered license in the home state is restored to good standing, 13 the licensee must meet the requirements of Section 4(a) to obtain a compact privilege 14 in any remote state. 15 (l) Once the requirements of Section 4(j) have been met, the licensee must 16 meet the requirements in Section 4(a) to obtain a compact privilege in a remote state. 17 SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 18 Member states shall recognize the right of an audiologist or speech-language 19 pathologist, licensed by a home state in accordance with Section 3 and under rules 20 promulgated by the Commission, to practice audiology or speech-language pathology 21 in any member state via telehealth under a privilege to practice as provided in the 22 Compact and rules promulgated by the Commission. 23 SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 24 Active duty military personnel, or their spouse, shall designate a home state 25 where the individual has a current license in good standing. The individual may retain 26 the home state designation during the period the service member is on active duty. 27 Subsequent to designating a home state, the individual shall only change their home 28 state through application for licensure in the new state. 29 SECTION 7. ADVERSE ACTIONS 30 (a) In addition to the other powers conferred by state law, a remote state shall 31 have the authority, in accordance with existing state due process law, to:
01 (1) Take adverse action against an audiologist's or speech-language 02 pathologist's privilege to practice within that member state. 03 (2) Issue subpoenas for both hearings and investigations that require 04 the attendance and testimony of witnesses as well as the production of evidence. 05 Subpoenas issued by a licensing board in a member state for the attendance and 06 testimony of witnesses or the production of evidence from another member state shall 07 be enforced in the latter state by any court of competent jurisdiction, according to the 08 practice and procedure of that court applicable to subpoenas issued in proceedings 09 pending before it. The issuing authority shall pay any witness fees, travel expenses, 10 mileage and other fees required by the service statutes of the state in which the 11 witnesses or evidence are located. 12 (3) Only the home state shall have the power to take adverse action 13 against an audiologist's or speech-language pathologist's license issued by the home 14 state. 15 (b) For purposes of taking adverse action, the home state shall give the same 16 priority and effect to reported conduct received from a member state as it would if the 17 conduct had occurred within the home state. In so doing, the home state shall apply its 18 own state laws to determine appropriate action. 19 (c) The home state shall complete any pending investigations of an audiologist 20 or speech-language pathologist who changes primary state of residence during the 21 course of the investigations. The home state shall also have the authority to take 22 appropriate action(s) and shall promptly report the conclusions of the investigations to 23 the administrator of the data system. The administrator of the coordinated licensure 24 information system shall promptly notify the new home state of any adverse actions. 25 (d) If otherwise permitted by state law, the member state may recover from the 26 affected audiologist or speech-language pathologist the costs of investigations and 27 disposition of cases resulting from any adverse action taken against that audiologist or 28 speech-language pathologist. 29 (e) The member state may take adverse action based on the factual findings of 30 the remote state, provided that the member state follows the member state's own 31 procedures for taking the adverse action.
01 (f) Joint Investigations 02 (1) In addition to the authority granted to a member state by its 03 respective audiology or speech-language pathology practice act or other applicable 04 state law, any member state may participate with other member states in joint 05 investigations of licensees. 06 (2) Member states shall share any investigative, litigation, or 07 compliance materials in furtherance of any joint or individual investigation initiated 08 under the Compact. 09 (g) If adverse action is taken by the home state against an audiologist's or 10 speech-language pathologist's license, the audiologist's or speech-language 11 pathologist's privilege to practice in all other member states shall be deactivated until 12 all encumbrances have been removed from the state license. All home state 13 disciplinary orders that impose adverse action against an audiologist's or speech- 14 language pathologist's license shall include a statement that the audiologist's or 15 speech-language pathologist's privilege to practice is deactivated in all member states 16 during the pendency of the order. 17 (h) If a member state takes adverse action, it shall promptly notify the 18 administrator of the data system. The administrator of the data system shall promptly 19 notify the home state of any adverse actions by remote states. 20 (i) Nothing in this Compact shall override a member state's decision that 21 participation in an alternative program may be used in lieu of adverse action. 22 SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH- 23 LANGUAGE PATHOLOGY COMPACT COMMISSION 24 (a) The Compact member states hereby create and establish a joint public 25 agency known as the Audiology and Speech-Language Pathology Compact 26 Commission: 27 (1) The Commission is an instrumentality of the Compact states. 28 (2) Venue is proper and judicial proceedings by or against the 29 Commission shall be brought solely and exclusively in a court of competent 30 jurisdiction where the principal office of the Commission is located. The Commission 31 may waive venue and jurisdictional defenses to the extent it adopts or consents to
01 participate in alternative dispute resolution proceedings. 02 (3) Nothing in this Compact shall be construed to be a waiver of 03 sovereign immunity. 04 (b) Membership, Voting and Meetings 05 (1) Each member state shall have two (2) delegates selected by that 06 member state's licensing board. The delegates shall be current members of the 07 licensing board. One shall be an audiologist and one shall be a speech-language 08 pathologist. 09 (2) An additional five (5) delegates, who are either a public member or 10 board administrator from a state licensing board, shall be chosen by the Executive 11 Committee from a pool of nominees provided by the Commission at Large. 12 (3) Any delegate may be removed or suspended from office as 13 provided by the law of the state from which the delegate is appointed. 14 (4) The member state board shall fill any vacancy occurring on the 15 Commission, within 90 days. 16 (5) Each delegate shall be entitled to one (1) vote with regard to the 17 promulgation of rules and creation of bylaws and shall otherwise have an opportunity 18 to participate in the business and affairs of the Commission. 19 (6) A delegate shall vote in person or by other means as provided in 20 the bylaws. The bylaws may provide for delegates' participation in meetings by 21 telephone or other means of communication. 22 (7) The Commission shall meet at least once during each calendar 23 year. Additional meetings shall be held as set forth in the bylaws. 24 (c) The Commission shall have the following powers and duties: 25 (1) Establish the fiscal year of the Commission; 26 (2) Establish bylaws; 27 (3) Establish a Code of Ethics; 28 (4) Maintain its financial records in accordance with the bylaws; 29 (5) Meet and take actions as are consistent with the provisions of this 30 Compact and the bylaws; 31 (6) Promulgate uniform rules to facilitate and coordinate
01 implementation and administration of this Compact. The rules shall have the force and 02 effect of law and shall be binding in all member states; 03 (7) Bring and prosecute legal proceedings or actions in the name of the 04 Commission, provided that the standing of any state audiology or speech-language 05 pathology licensing board to sue or be sued under applicable law shall not be affected; 06 (8) Purchase and maintain insurance and bonds; 07 (9) Borrow, accept, or contract for services of personnel, including, but 08 not limited to, employees of a member state; 09 (10) Hire employees, elect or appoint officers, fix compensation, 10 define duties, grant individuals appropriate authority to carry out the purposes of the 11 Compact, and to establish the Commission's personnel policies and programs relating 12 to conflicts of interest, qualifications of personnel, and other related personnel matters; 13 (11) Accept any and all appropriate donations and grants of money, 14 equipment, supplies, materials and services, and to receive, utilize and dispose of the 15 same; provided that at all times the Commission shall avoid any appearance of 16 impropriety and/or conflict of interest; 17 (12) Lease, purchase, accept appropriate gifts or donations of, or 18 otherwise to own, hold, improve or use, any property, real, personal or mixed; 19 provided that at all times the Commission shall avoid any appearance of impropriety; 20 (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 21 otherwise dispose of any property, real, personal, or mixed; 22 (14) Establish a budget and make expenditures; 23 (15) Borrow money; 24 (16) Appoint committees, including standing committees composed of 25 members, and other interested persons as may be designated in this Compact and the 26 bylaws; 27 (17) Provide and receive information from, and cooperate with, law 28 enforcement agencies; 29 (18) Establish and elect an Executive Committee; and 30 (19) Perform other functions as may be necessary or appropriate to 31 achieve the purposes of this Compact consistent with the state regulation of audiology
01 and speech-language pathology licensure and practice. 02 (d) The Executive Committee 03 (1) The Executive Committee shall have the power to act on behalf of 04 the Commission according to the terms of this Compact; 05 (2) The Executive Committee shall be composed of 10 members: 06 (A) Seven voting members who are elected by the Commission 07 from the current membership of the Commission; 08 (B) Two ex-officios, consisting of one nonvoting member from 09 a recognized national audiology professional association and one nonvoting 10 member from a recognized national speech-language pathology association; 11 and 12 (C) One ex-officio, nonvoting member from the recognized 13 membership organization of the audiology and speech-language pathology 14 licensing boards. 15 (e) The ex-officio members shall be selected by their respective organizations. 16 (1) The Commission may remove any member of the Executive 17 Committee as provided in bylaws. 18 (2) The Executive Committee shall meet at least annually. 19 (3) The Executive Committee shall have the following duties and 20 responsibilities: 21 (A) Recommend to the entire Commission changes to the rules 22 or bylaws, changes to this Compact legislation, fees paid by Compact member 23 states such as annual dues, and any commission Compact fee charged to 24 licensees for the compact privilege; 25 (B) Ensure Compact administration services are appropriately 26 provided, contractual or otherwise; 27 (C) Prepare and recommend the budget; 28 (D) Maintain financial records on behalf of the Commission; 29 (E) Monitor Compact compliance of member states and 30 provide compliance reports to the Commission; 31 (F) Establish additional committees as necessary; and
01 (G) Other duties as provided in rules or bylaws. 02 (4) Meetings of the Commission. All meetings shall be open to the 03 public, and public notice of meetings shall be given in the same manner as required 04 under the rulemaking provisions in Section 10. 05 (5) The Commission or the Executive Committee or other committees 06 of the Commission may convene in a closed, non-public meeting if the Commission or 07 Executive Committee or other committees of the Commission must discuss: 08 (A) Non-compliance of a member state with its obligations 09 under the Compact; 10 (B) The employment, compensation, discipline or other 11 matters, practices or procedures related to specific employees or other matters 12 related to the Commission's internal personnel practices and procedures; 13 (C) Current, threatened, or reasonably anticipated litigation; 14 (D) Negotiation of contracts for the purchase, lease, or sale of 15 goods, services, or real estate; 16 (E) Accusing any person of a crime or formally censuring any 17 person; 18 (F) Disclosure of trade secrets or commercial or financial 19 information that is privileged or confidential; 20 (G) Disclosure of information of a personal nature where 21 disclosure would constitute a clearly unwarranted invasion of personal privacy; 22 (H) Disclosure of investigative records compiled for law 23 enforcement purposes; 24 (I) Disclosure of information related to any investigative 25 reports prepared by or on behalf of or for use of the Commission or other 26 committee charged with responsibility of investigation or determination of 27 compliance issues pursuant to the Compact; or 28 (J) Matters specifically exempted from disclosure by federal or 29 member state statute. 30 (6) If a meeting, or portion of a meeting, is closed pursuant to this 31 provision, the Commission's legal counsel or designee shall certify that the meeting
01 may be closed and shall reference each relevant exempting provision. 02 (7) The Commission shall keep minutes that fully and clearly describe 03 all matters discussed in a meeting and shall provide a full and accurate summary of 04 actions taken, and the reasons therefore, including a description of the views 05 expressed. All documents considered in connection with an action shall be identified 06 in minutes. All minutes and documents of a closed meeting shall remain under seal, 07 subject to release by a majority vote of the Commission or order of a court of 08 competent jurisdiction. 09 (8) Financing of the Commission 10 (A) The Commission shall pay, or provide for the payment of, 11 the reasonable expenses of its establishment, organization, and ongoing 12 activities. 13 (B) The Commission may accept any and all appropriate 14 revenue sources, donations, and grants of money, equipment, supplies, 15 materials, and services. 16 (C) The Commission may levy on and collect an annual 17 assessment from each member state or impose fees on other parties to cover 18 the cost of the operations and activities of the Commission and its staff, which 19 must be in a total amount sufficient to cover its annual budget as approved 20 each year for which revenue is not provided by other sources. The aggregate 21 annual assessment amount shall be allocated based upon a formula to be 22 determined by the Commission, which shall promulgate a rule binding upon all 23 member states. 24 (9) The Commission shall not incur obligations of any kind prior to 25 securing the funds adequate to meet the same; nor shall the Commission pledge the 26 credit of any of the member states, except by and with the authority of the member 27 state. 28 (10) The Commission shall keep accurate accounts of all receipts and 29 disbursements. The receipts and disbursements of the Commission shall be subject to 30 the audit and accounting procedures established under its bylaws. However, all 31 receipts and disbursements of funds handled by the Commission shall be audited
01 yearly by a certified or licensed public accountant, and the report of the audit shall be 02 included in and become part of the annual report of the Commission. 03 (f) Qualified Immunity, Defense, and Indemnification 04 (1) The members, officers, executive director, employees and 05 representatives of the Commission shall be immune from suit and liability, either 06 personally or in their official capacity, for any claim for damage to or loss of property 07 or personal injury or other civil liability caused by or arising out of any actual or 08 alleged act, error or omission that occurred, or that the person against whom the claim 09 is made had a reasonable basis for believing occurred within the scope of Commission 10 employment, duties or responsibilities; provided that nothing in this paragraph shall be 11 construed to protect any person from suit and/or liability for any damage, loss, injury, 12 or liability caused by the intentional or willful or wanton misconduct of that person. 13 (2) The Commission shall defend any member, officer, executive 14 director, employee or representative of the Commission in any civil action seeking to 15 impose liability arising out of any actual or alleged act, error, or omission that 16 occurred within the scope of Commission employment, duties, or responsibilities, or 17 that the person against whom the claim is made had a reasonable basis for believing 18 occurred within the scope of Commission employment, duties, or responsibilities; 19 provided that nothing herein shall be construed to prohibit that person from retaining 20 his or her own counsel; and provided further, that the actual or alleged act, error, or 21 omission did not result from that person's intentional or willful or wanton misconduct. 22 (3) The Commission shall indemnify and hold harmless any member, 23 officer, executive director, employee, or representative of the Commission for the 24 amount of any settlement or judgment obtained against that person arising out of any 25 actual or alleged act, error or omission that occurred within the scope of Commission 26 employment, duties, or responsibilities, or that person had a reasonable basis for 27 believing occurred within the scope of Commission employment, duties, or 28 responsibilities, provided that the actual or alleged act, error, or omission did not result 29 from the intentional or willful or wanton misconduct of that person. 30 SECTION 9. DATA SYSTEM 31 (a) The Commission shall provide for the development, maintenance, and
01 utilization of a coordinated database and reporting system containing licensure, 02 adverse action, and investigative information on all licensed individuals in member 03 states. 04 (b) Notwithstanding any other provision of state law to the contrary, a member 05 state shall submit a uniform data set to the data system on all individuals to whom this 06 Compact is applicable as required by the rules of the Commission, including: 07 (1) Identifying information; 08 (2) Licensure data; 09 (3) Adverse actions against a license or compact privilege; 10 (4) Non-confidential information related to alternative program 11 participation; 12 (5) Any denial of application for licensure, and the reason(s) for 13 denial; and 14 (6) Other information that may facilitate the administration of this 15 Compact, as determined by the rules of the Commission. 16 (c) Investigative information pertaining to a licensee in any member state shall 17 only be available to other member states. 18 (d) The Commission shall promptly notify all member states of any adverse 19 action taken against a licensee or an individual applying for a license. Adverse action 20 information pertaining to a licensee in any member state shall be available to any other 21 member state. 22 (e) Member states contributing information to the data system may designate 23 information that may not be shared with the public without the express permission of 24 the contributing state. 25 (f) Any information submitted to the data system that is subsequently required 26 to be expunged by the laws of the member state contributing the information shall be 27 removed from the data system. 28 SECTION 10. RULEMAKING 29 (a) The Commission shall exercise its rulemaking powers pursuant to the 30 criteria set forth in this Section and the rules adopted thereunder. Rules and 31 amendments shall become binding as of the date specified in each rule or amendment.
01 (b) If a majority of the legislatures of the member states rejects a rule, by 02 enactment of a statute or resolution in the same manner used to adopt the Compact 03 within 4 years of the date of adoption of the rule, the rule shall have no further force 04 and effect in any member state. 05 (c) Rules or amendments to the rules shall be adopted at a regular or special 06 meeting of the Commission. 07 (d) Prior to promulgation and adoption of a final rule or rules by the 08 Commission, and at least thirty days in advance of the meeting at which the rule shall 09 be considered and voted upon, the Commission shall file a Notice of Proposed 10 Rulemaking: 11 (1) On the website of the Commission or other publicly accessible 12 platform; and 13 (2) On the website of each member state audiology or speech-language 14 pathology licensing board or other publicly accessible platform or the publication in 15 which each state would otherwise publish proposed rules. 16 (e) The Notice of Proposed Rulemaking shall include: 17 (1) The proposed time, date, and location of the meeting in which the 18 rule shall be considered and voted upon; 19 (2) The text of the proposed rule or amendment and the reason for the 20 proposed rule; 21 (3) A request for comments on the proposed rule from any interested 22 person; and 23 (4) The manner in which interested persons may submit notice to the 24 Commission of their intention to attend the public hearing and any written comments. 25 (f) Prior to the adoption of a proposed rule, the Commission shall allow 26 persons to submit written data, facts, opinions and arguments, which shall be made 27 available to the public. 28 (g) The Commission shall grant an opportunity for a public hearing before it 29 adopts a rule or amendment if a hearing is requested by: 30 (1) At least twenty-five (25) persons; 31 (2) A state or federal governmental subdivision or agency; or
01 (3) An association having at least twenty-five (25) members. 02 (h) If a hearing is held on the proposed rule or amendment, the Commission 03 shall publish the place, time, and date of the scheduled public hearing. If the hearing is 04 held via electronic means, the Commission shall publish the mechanism for access to 05 the electronic hearing. 06 (1) All persons wishing to be heard at the hearing shall notify the 07 executive director of the Commission or other designated member in writing of their 08 desire to appear and testify at the hearing not less than five (5) business days before 09 the scheduled date of the hearing. 10 (2) Hearings shall be conducted in a manner providing each person 11 who wishes to comment a fair and reasonable opportunity to comment orally or in 12 writing. 13 (3) All hearings shall be recorded. A copy of the recording shall be 14 made available on request. 15 (4) Nothing in this section shall be construed as requiring a separate 16 hearing on each rule. Rules may be grouped for the convenience of the Commission at 17 hearings required by this section. 18 (i) Following the scheduled hearing date, or by the close of business on the 19 scheduled hearing date if the hearing was not held, the Commission shall consider all 20 written and oral comments received. 21 (j) If no written notice of intent to attend the public hearing by interested 22 parties is received, the Commission may proceed with promulgation of the proposed 23 rule without a public hearing. 24 (k) The Commission shall, by majority vote of all members, take final action 25 on the proposed rule and shall determine the effective date of the rule, if any, based on 26 the rulemaking record and the full text of the rule. 27 (l) Upon determination that an emergency exists, the Commission may 28 consider and adopt an emergency rule without prior notice, opportunity for comment, 29 or hearing, provided that the usual rulemaking procedures provided in the Compact 30 and in this section shall be retroactively applied to the rule as soon as reasonably 31 possible, in no event later than ninety (90) days after the effective date of the rule. For
01 the purposes of this provision, an emergency rule is one that must be adopted 02 immediately in order to: 03 (1) Meet an imminent threat to public health, safety, or welfare; 04 (2) Prevent a loss of Commission or member state funds; or 05 (3) Meet a deadline for the promulgation of an administrative rule that 06 is established by federal law or rule. 07 (m) The Commission or an authorized committee of the Commission may 08 direct revisions to a previously adopted rule or amendment for purposes of correcting 09 typographical errors, errors in format, errors in consistency, or grammatical errors. 10 Public notice of any revisions shall be posted on the website of the Commission. The 11 revision shall be subject to challenge by any person for a period of thirty (30) days 12 after posting. The revision may be challenged only on grounds that the revision results 13 in a material change to a rule. A challenge shall be made in writing and delivered to 14 the chair of the Commission prior to the end of the notice period. If no challenge is 15 made, the revision shall take effect without further action. If the revision is challenged, 16 the revision may not take effect without the approval of the Commission. 17 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 18 (a) Dispute Resolution 19 (1) Upon request by a member state, the Commission shall attempt to 20 resolve disputes related to the Compact that arise among member states and between 21 member and non-member states. 22 (2) The Commission shall promulgate a rule providing for both 23 mediation and binding dispute resolution for disputes as appropriate. 24 (b) Enforcement 25 (1) The Commission, in the reasonable exercise of its discretion, shall 26 enforce the provisions and rules of this Compact. 27 (2) By majority vote, the Commission may initiate legal action in the 28 United States District Court for the District of Columbia or the federal district where 29 the Commission has its principal offices against a member state in default to enforce 30 compliance with the provisions of the Compact and its promulgated rules and bylaws. 31 The relief sought may include both injunctive relief and damages. In the event judicial
01 enforcement is necessary, the prevailing member shall be awarded all costs of 02 litigation, including reasonable attorney's fees. 03 (3) The remedies herein shall not be the exclusive remedies of the 04 Commission. The Commission may pursue any other remedies available under federal 05 or state law. 06 SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 07 COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE 08 PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 09 AND AMENDMENT 10 (a) The Compact shall come into effect on the date on which the Compact 11 statute is enacted into law in the 10th member state. The provisions, which become 12 effective at that time, shall be limited to the powers granted to the Commission 13 relating to assembly and the promulgation of rules. Thereafter, the Commission shall 14 meet and exercise rulemaking powers necessary to the implementation and 15 administration of the Compact. 16 (b) Any state that joins the Compact subsequent to the Commission's initial 17 adoption of the rules shall be subject to the rules as they exist on the date on which the 18 Compact becomes law in that state. Any rule that has been previously adopted by the 19 Commission shall have the full force and effect of law on the day the Compact 20 becomes law in that state. 21 (c) Any member state may withdraw from this Compact by enacting a statute 22 repealing the same. 23 (1) A member state's withdrawal shall not take effect until six (6) 24 months after enactment of the repealing statute. 25 (2) Withdrawal shall not affect the continuing requirement of the 26 withdrawing state's audiology or speech-language pathology licensing board to 27 comply with the investigative and adverse action reporting requirements of this act 28 prior to the effective date of withdrawal. 29 (d) Nothing contained in this Compact shall be construed to invalidate or 30 prevent any audiology or speech-language pathology licensure agreement or other 31 cooperative arrangement between a member state and a non-member state that does
01 not conflict with the provisions of this Compact. 02 (e) This Compact may be amended by the member states. No amendment to 03 this Compact shall become effective and binding upon any member state until it is 04 enacted into the laws of all member states. 05 SECTION 13. CONSTRUCTION AND SEVERABILITY 06 This Compact shall be liberally construed so as to effectuate the purposes 07 thereof. The provisions of this Compact shall be severable and if any phrase, clause, 08 sentence or provision of this Compact is declared to be contrary to the constitution of 09 any member state or of the United States or the applicability thereof to any 10 government, agency, person or circumstance is held invalid, the validity of the 11 remainder of this Compact and the applicability thereof to any government, agency, 12 person or circumstance shall not be affected thereby. If this Compact shall be held 13 contrary to the constitution of any member state, the Compact shall remain in full 14 force and effect as to the remaining member states and in full force and effect as to the 15 member state affected as to all severable matters. 16 SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 17 (a) Nothing herein prevents the enforcement of any other law of a member 18 state that is not inconsistent with the Compact. 19 (b) All laws in a member state in conflict with the Compact are superseded to 20 the extent of the conflict. 21 (c) All lawful actions of the Commission, including all rules and bylaws 22 promulgated by the Commission, are binding upon the member states. 23 (d) All agreements between the Commission and the member states are 24 binding in accordance with their terms. 25 (e) In the event any provision of the Compact exceeds the constitutional limits 26 imposed on the legislature of any member state, the provision shall be ineffective to 27 the extent of the conflict with the constitutional provision in question in that member 28 state. 29 * Sec. 7. AS 12.62.400(a) is amended to read: 30 (a) To obtain a national criminal history record check for determining a 31 person's qualifications for a license, permit, registration, employment, or position, a
01 person shall submit the person's fingerprints to the department with the fee established 02 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 03 of Investigation to obtain a national criminal history record check of the person for the 04 purpose of evaluating a person's qualifications for 05 (1) a license or conditional contractor's permit to manufacture, sell, 06 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 07 under AS 04.09; 08 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 09 loan originator under AS 06.60; 10 (3) admission to the Alaska Bar Association under AS 08.08; 11 (4) licensure as a collection agency operator under AS 08.24; 12 (5) a certificate of fitness to handle explosives under AS 08.52; 13 (6) licensure as a massage therapist under AS 08.61; 14 (7) licensure to practice nursing or certification as a nurse aide under 15 AS 08.68; 16 (8) certification as a real estate appraiser under AS 08.87; 17 (9) a position involving supervisory or disciplinary power over a minor 18 or dependent adult for which criminal justice information may be released under 19 AS 12.62.160(b)(9); 20 (10) a teacher certificate under AS 14.20; 21 (11) a registration or license to operate a marijuana establishment 22 under AS 17.38; 23 (12) admittance to a police training program under AS 18.65.230 or for 24 certification as a police officer under AS 18.65.240 if that person's prospective 25 employer does not have access to a criminal justice information system; 26 (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 27 (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 28 (15) licensure as an insurance producer, managing general agent, 29 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 30 broker, or independent adjuster under AS 21.27; 31 (16) serving and executing process issued by a court by a person
01 designated under AS 22.20.130; 02 (17) a school bus driver license under AS 28.15.046; 03 (18) licensure as an operator or an instructor for a commercial driver 04 training school under AS 28.17; 05 (19) registration as a broker-dealer, agent, investment adviser 06 representative, or investment adviser under AS 45.56.300 - 45.56.350; 07 (20) licensure, license renewal, certification, certification renewal, or 08 payment from the Department of Health of an individual and an entity subject to the 09 requirements for a criminal history check under AS 47.05.310, including 10 (A) a public home care provider described in AS 47.05.017; 11 (B) a provider of home and community-based waiver services 12 financed under AS 47.07.030(c); 13 (C) a case manager to coordinate community mental health 14 services under AS 47.30.530; 15 (D) an entity listed in AS 47.32.010(b) and (c), including an 16 owner, officer, director, member, partner, employee, volunteer, or contractor of 17 an entity; or 18 (E) an individual or entity not described in (A) - (D) of this 19 paragraph that is required by statute or regulation to be licensed or certified by 20 the Department of Health or that is eligible to receive payments, in whole or in 21 part, from the Department of Health to provide for the health, safety, and 22 welfare of persons who are served by the programs administered by the 23 Department of Health; 24 (21) employment as a village public safety officer under AS 18.65.672 25 or certification as a village public safety officer under AS 18.65.682; 26 (22) licensure, license renewal, certification, or certification renewal 27 by the Department of Family and Community Services of an individual or entity, or 28 payment from the Department of Family and Community Services to an individual or 29 entity, subject to the requirements for a criminal history check under AS 47.05.310 for 30 a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 31 including an owner, officer, director, member, partner, employee, volunteer, or
01 contractor of an entity; 02 (23) licensure as a pharmacist or pharmacy technician under AS 08.80; 03 (24) licensure to practice audiology or speech-language pathology 04 under AS 08.11. 05 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 08 Economic Development may adopt regulations necessary to implement the changes made by 09 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 10 before the effective date of the law implemented by the regulation. 11 * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 12 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2024.