SB197: Bill Text

SB197,,120 (r) “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.

SB197,,121 (s) “Rule” means a regulation, principle, or directive promulgated by the commission that has the force of law.

SB197,,122 (t) “Single-state license” means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

SB197,,123 (u) “Speech-language pathologist” means an individual who is licensed by a state to practice speech-language pathology.

SB197,,124 (v) “Speech-language pathology” means the care and services provided by a licensed speech-language pathologist as set forth in the member state’s statutes and rules.

SB197,,125 (w) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.

SB197,,126 (x) “State practice laws” means a member state’s laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.

SB197,,127 (y) “Telehealth” means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, and/or consultation.

SB197,,128 (3) State participation in the compact. (a) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.

SB197,,129 (b) 1. A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.

SB197,,130 2. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.

SB197,,131 3. Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under P.L. 92-544.

SB197,,132 (c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

SB197,,133 (d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as, all other applicable state laws.

SB197,,134 (e) For an audiologist:

SB197,,135 1. Must meet one of the following educational requirements:

SB197,,136 a. On or before, December 31, 2007, has graduated with a master’s degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the U.S. department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

SB197,,137 b. On or after, January 1, 2008, has graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the U.S. department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

SB197,,138 c. Has graduated from an audiology program that is housed in an institution of higher education outside of the United States for which the program and institution have been approved by the authorized accrediting body in the applicable country and the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

SB197,,139 2. Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission.

SB197,,140 3. Has successfully passed a national examination approved by the commission.

SB197,,141 4. Holds an active, unencumbered license.

SB197,,142 5. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law.

SB197,,143 6. Has a valid U.S. social security or national practitioner identification number.

SB197,,144 (f) For a speech-language pathologist:

SB197,,145 1. Must meet one of the following educational requirements:

SB197,,146 a. Has graduated with a master’s degree from a speech-language pathology program that is accredited by an organization recognized by the U.S. department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

SB197,,147 b. Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States for which the program and institution have been approved by the authorized accrediting body in the applicable country and the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

SB197,,148 2. Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission.

SB197,,149 3. Has completed a supervised postgraduate professional experience as required by the commission.

SB197,,150 4. Has successfully passed a national examination approved by the commission.

SB197,,151 5. Holds an active, unencumbered license.

SB197,,152 6. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law.

SB197,,153 7. Has a valid U.S. social security or national practitioner identification number.

SB197,,154 (g) The privilege to practice is derived from the home state license.

SB197,,155 (h) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.

SB197,,156 (i) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

SB197,,157 (j) Member states may charge a fee for granting a compact privilege.

SB197,,158 (k) Member states must comply with the bylaws and rules and regulations of the commission.

SB197,,159 (4) Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall:

SB197,,160 1. Hold an active license in the home state.

SB197,,161 2. Have no encumbrance on any state license.

SB197,,162 3. Be eligible for a compact privilege in any member state in accordance with sub. (3).

SB197,,163 4. Have not had any adverse action against any license or compact privilege within the previous 2 years from date of application.

SB197,,164 5. Notify the commission that the licensee is seeking the compact privilege within a remote state.

SB197,,165 6. Pay any applicable fees, including any state fee, for the compact privilege.

SB197,,166 7. Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.

SB197,,167 (b) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.

SB197,,168 (c) Except as provided in sub. (6), if an audiologist or speech-language pathologist changes primary state of residence by moving between 2 member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.

SB197,,169 (d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.

SB197,,170 (e) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.

SB197,,171 (f) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.

SB197,,172 (g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of par. (a) to maintain the compact privilege in the remote state.

SB197,,173 (h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

SB197,,174 (i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.

SB197,,175 (j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until all of the following occur:

SB197,,176 1. The home state license is no longer encumbered.

SB197,,177 2. Two years have elapsed from the date of the adverse action.

SB197,,178 (k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of par. (a) to obtain a compact privilege in any remote state.

SB197,,179 (L) Once the requirements of par. (j) have been met, the licensee must meet the requirements in par. (a) to obtain a compact privilege in a remote state.

SB197,,180 (5) Compact privilege to practice telehealth. Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with sub. (3) and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.

SB197,,181 (6) Active duty military personnel or their spouses. Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.

SB197,,182 (7) Adverse actions. (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do any of the following:

SB197,,183 1. Take adverse action against an audiologist’s or speech-language pathologist’s privilege to practice within that member state.

SB197,,184 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

SB197,,185 3. Only the home state shall have the power to take adverse action against a audiologist’s or speech-language pathologist’s license issued by the home state.

SB197,,186 (b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

SB197,,187 (c) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

SB197,,188 (d) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.

SB197,,189 (e) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state’s own procedures for taking the adverse action.

SB197,,190 (f) 1. In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

SB197,,191 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

SB197,,192 (g) If adverse action is taken by the home state against an audiologist’s or speech language pathologist’s license, the audiologist’s or speech-language pathologist’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist’s or speech language pathologist’s license shall include a statement that the audiologist’s or speech-language pathologist’s privilege to practice is deactivated in all member states during the pendency of the order.

SB197,,193 (h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

SB197,,194 (i) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

SB197,,195 (8) Establishment of the audiology and speech-language pathology compact commission. (a) 1. The compact member states hereby create and establish a joint public agency known as the audiology and speech-language pathology compact commission.

SB197,,196 2. The commission is an instrumentality of the compact states.

SB197,,197 3. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

SB197,,198 4. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

SB197,,199 (b) 1. Each member state shall have 2 delegates selected by that member state’s licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.

SB197,,200 2. An additional 5 delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission at large.

SB197,,201 3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

SB197,,202 4. The member state board shall fill any vacancy occurring on the commission, within 90 days.

SB197,,203 5. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.

SB197,,204 6. A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

SB197,,205 7. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

SB197,,206 (c) The commission shall have the following powers and duties:

SB197,,207 1. Establish the fiscal year of the commission.

SB197,,208 2. Establish bylaws.