SB197: Bill Text

SB197,14 Section 14. 440.15 of the statutes is amended to read:

SB197,,43 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 459.70 (3) (b) 1., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing.

SB197,15 Section 15. 450.10 (3) (a) 11. of the statutes is amended to read:

SB197,,45 450.10 (3) (a) 11. A speech-language pathologist or audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, or a speech and language pathologist licensed by the department of public instruction.

SB197,16 Section 16. 459.20 (2k) of the statutes is created to read:

SB197,,47 459.20 (2k) “Compact” means the audiology and speech-language pathology interstate compact.

SB197,17 Section 17. 459.20 (2m) of the statutes is created to read:

SB197,,49 459.20 (2m) “Compact privilege” means a compact privilege, as defined in s. 459.70 (2) (h), that is granted under the audiology and speech-language pathology interstate compact under s. 459.70 to an individual to practice in this state.

SB197,18 Section 18. 459.20 (3v) of the statutes is created to read:

SB197,,51 459.20 (3v) “Single-state license” has the meaning given in s. 459.70 (2) (t).

SB197,19 Section 19. 459.22 (2) (b) of the statutes is amended to read:

SB197,,53 459.22 (2) (b) Authorize a speech-language pathologist who is licensed under this subchapter or who holds a valid compact privilege to dispense or sell hearing aids without obtaining a hearing instrument specialist license under subch. I.

SB197,20 Section 20. 459.24 (1) (a) of the statutes is amended to read:

SB197,,55 459.24 (1) (a) Engage in the practice of speech-language pathology or use the title “speech-language pathologist” or any similar title unless the person holds a current speech-language pathologist license granted by the examining board under sub. (2) or (6) (a) or holds a valid compact privilege.

SB197,21 Section 21. 459.24 (1) (b) of the statutes is amended to read:

SB197,,57 459.24 (1) (b) Engage in the practice of audiology or use the title “audiologist,” “clinical audiologist,” or any similar title unless the person holds a current audiologist license granted by the examining board under sub. (3) or (6) (b) or holds a valid compact privilege.

SB197,22 Section 22. 459.24 (3c) of the statutes is created to read:

SB197,,59 459.24 (3c) Types of licenses. (a) A license granted under sub. (2) or (3) may be either of the following:

SB197,,60 1. A license that, subject to s. 459.70 (4), entitles the holder to obtain and exercise a compact privilege in other states that are parties to the compact.

SB197,,61 2. A single-state license, which only entitles the holder to practice in this state. Nothing in the compact applies to the holder of a single-state license unless otherwise applicable under this subchapter.

SB197,,62 (b) When applying for a license under sub. (2) or (3), an individual shall specify whether he or she is applying for a license under par. (a) 1. or 2.

SB197,23 Section 23. 459.24 (3e) of the statutes is created to read:

SB197,,64 459.24 (3e) Compact privilege. The examining board shall grant to any individual to whom all of the following apply an audiologist or speech-language pathologist, whichever is applicable, compact privilege:

SB197,,65 (a) The individual holds an unencumbered home state license in another state that is a party to the compact and satisfies all other requirements under s. 459.70 (4).

SB197,,66 (b) The individual applies for the compact privilege in the manner prescribed by the department.

SB197,,67 (c) The individual pays any fee established by the department under s. 459.71 (2).

SB197,24 Section 24. 459.24 (3m) of the statutes is renumbered 459.30 (2), and 459.30 (2) (intro.) and (a), as renumbered, are amended to read:

SB197,,69 459.30 (2) Fitting and sale of hearing aids. (intro.) An audiologist licensed under this subchapter, an audiologist who holds a valid compact privilege, or an individual granted a permit to practice audiology under this subchapter who engages in the practice of fitting and dealing in hearing aids shall do all of the following:

SB197,,70 (a) Deliver to each person supplied with a hearing aid a receipt. The receipt shall contain the signature and show the business address, license or permit title, and number of the licensee, compact privilege holder, or permittee, together with specifications as to the make and model of the hearing aid and full terms of sale clearly stated. If a hearing aid that is not new is sold, the receipt and the container must be clearly marked as “used” or “reconditioned”, whichever is applicable. The terms of the guarantee, if there is any given, shall be set out in not less than 8-point type.

SB197,25 Section 25. 459.30 of the statutes is created to read:

SB197,,72 459.30 Practice. (1) Practice under compact. (a) Audiology. An individual who holds a valid audiologist compact privilege may, subject to s. 459.71 (3), do any of the following:

SB197,,73 1. Practice audiology in this state, subject to s. 459.70 (4).

SB197,,74 2. Practice audiology in this state via telehealth, as defined in s. 459.70 (2) (y), subject to s. 459.70 (5).

SB197,,75 (b) Speech-language pathology. An individual who holds a valid speech-language pathologist compact privilege may, subject to s. 459.71 (3), do any of the following:

SB197,,76 1. Practice speech-language pathology in this state, subject to s. 459.70 (4).

SB197,,77 2. Practice speech-language pathology in this state via telehealth, as defined in s. 459.70 (2) (y), subject to s. 459.70 (5).

SB197,26 Section 26. 459.34 (2) (intro.) of the statutes is amended to read:

SB197,,79 459.34 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a licensee, compact privilege holder, or permittee or deny, limit, suspend, or revoke a license or permit under this subchapter or a compact privilege if it finds that the applicant, licensee, compact privilege holder, or permittee has done any of the following:

SB197,27 Section 27. 459.34 (2m) (a) (intro.) of the statutes is amended to read:

SB197,,81 459.34 (2m) (a) (intro.) An individual whose license, compact privilege, or limited permit is limited by the examining board under this subchapter may continue to practice under the license, compact privilege, or permit if the individual does all of the following:

SB197,28 Section 28. 459.34 (2m) (b) of the statutes is amended to read:

SB197,,83 459.34 (2m) (b) The examining board may, as a condition of removing a limitation on a license, compact privilege, or limited permit issued under this subchapter or of reinstating a license, compact privilege, or limited permit that has been suspended or revoked under this subchapter, require the license, compact privilege, or permit holder to obtain minimum results specified by the examining board on one or more physical, mental, or professional competency examinations if the examining board determines that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension, or revocation was imposed.

SB197,29 Section 29. 459.34 (2m) (c) of the statutes is amended to read:

SB197,,85 459.34 (2m) (c) The examining board may, as a condition of reinstating a license or compact privilege that has been suspended under this subchapter, require the license or compact privilege holder to pass an examination required for initial licensure under s. 459.26 (2).

SB197,30 Section 30. 459.34 (3) of the statutes is amended to read:

SB197,,87 459.34 (3) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, compact privilege, or permit under sub. (2), the examining board may assess against an applicant, licensee, compact privilege holder, or permittee a forfeiture of not less than $100 nor more than $2,500 for each violation enumerated under sub. (2).

SB197,31 Section 31. Subchapter III of chapter 459 [precedes 459.70] of the statutes is created to read:

SB197,,89 CHAPTER 459

SB197,,92 SUBCHAPTER III AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT

SB197,,93 459.70 Audiology and speech-language pathology interstate compact. (1) Purpose. (a) The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

SB197,,94 (b) This compact is designed to achieve all of the following objectives:

SB197,,95 1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.

SB197,,96 2. Enhance the states’ ability to protect the public’s health and safety.

SB197,,97 3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.

SB197,,98 4. Support spouses of relocating active duty military personnel.

SB197,,99 5. Enhance the exchange of licensure, investigative, and disciplinary information between member states.

SB197,,100 6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

SB197,,101 7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.

SB197,,102 (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

SB197,,103 (a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC 1209 and 1211.

SB197,,104 (b) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

SB197,,105 (c) “Alternative program” means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.

SB197,,106 (d) “Audiologist” means an individual who is licensed by a state to practice audiology.

SB197,,107 (e) “Audiology” means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules.

SB197,,108 (f) “Audiology and speech-language pathology compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

SB197,,109 (g) “Audiology and speech-language pathology licensing board,” “audiology licensing board,” “speech-language pathology licensing board,” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists.

SB197,,110 (h) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.

SB197,,111 (i) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

SB197,,112 (j) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.

SB197,,113 (k) “Encumbered license” means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

SB197,,114 (L) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

SB197,,115 (m) “Home state” means the member state that is the licensee’s primary state of residence.

SB197,,116 (n) “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

SB197,,117 (o) “Licensee” means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.

SB197,,118 (p) “Member state” means a state that has enacted the compact.

SB197,,119 (q) “Privilege to practice” means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.

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.