(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(15) Construction and severability. (a) This compact and the commission’s rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rule-making authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding par. (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of sub. (13) (b), terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(16) Consistent effect and conflict with other state laws. (a) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the remote state where the client is located at the time care is rendered.
(b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(d) All permissible agreements between the commission and the member states are binding in accordance with their terms.
457.71 Implementation of the social work licensure compact. (1) In this section, “multistate authorization to practice ” has the meaning given in s. 457.70 (2) (q).
(2) (a) An individual who is exercising the multistate authorization to practice in this state shall comply with s. 440.03 (13) (am).
(b) Subject to s. 457.70 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who is exercising the multistate authorization to practice in this state in the same manner that they apply to holders of certificates or licenses issued under subch. I.
SB1,302Section 302. 458.085 (3) of the statutes is amended to read: 458.085 (3) Continuing education requirements for renewal of certificates issued under this subchapter. The rules shall require the completion of 28 class hours of continuing education per 2-year period, subject to s. 458.09 (3) and other exceptions as the department may prescribe.
SB1,303Section 303. 458.09 (3) of the statutes is amended to read: 458.09 (3) The number of hours of attendance at and completion of continuing education programs or courses of study required under the rules promulgated under s. 458.085 (3) shall be reduced by one hour for each hour of attendance at and completion of, within the 2 years immediately preceding the date on which the renewal application is submitted applicable 2-year period, continuing education programs or courses of study that the applicant has attended and completed in order to continue to qualify for employment as an assessor and that the department determines is substantially equivalent to attendance at and completion of continuing education programs or courses of study for certified general appraisers, certified residential appraisers or licensed appraisers, as appropriate.
SB1,304Section 304. 458.11 of the statutes is amended to read: 458.11 Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). Renewal of an appraiser certificate automatically renews the individual’s appraiser license without payment of the renewal fee for the appraiser license or completion of any additional continuing education requirements that would otherwise be required for renewal of the appraiser license. Renewal applications shall be accompanied by proof of completion of the continuing education requirements in s. 458.13. Notwithstanding s. 458.06 (3) (b) 2. and (4) (b) 2., 1989 stats., and s. 458.08 (3) (b) 2. and (c) 2., 1991 stats., the department may not renew a certificate that was granted under s. 458.06 (3) or (4) before May 29, 1993, unless the holder of the certificate submits evidence satisfactory to the department that he or she has successfully completed the applicable educational requirements specified in rules promulgated under s. 458.085 (1) and the department may not renew a certificate that was granted under s. 458.08 (3) before May 29, 1993, unless the holder of the certificate submits evidence satisfactory to the department that he or she has successfully completed the applicable education and experience requirements specified in rules promulgated under s. 458.085 (1) and (2).
SB1,305Section 305. 458.13 of the statutes is amended to read: 458.13 Continuing education requirements. At the time of renewal of a certificate issued under this subchapter, each applicant shall submit proof that, within the 2 years immediately preceding the date on which the renewal application is submitted, he or she has satisfied the continuing education requirements specified in the rules promulgated under s. 458.085 (3).
SB1,306Section 306. 458.33 (5) of the statutes is amended to read: 458.33 (5) Renewals. A licensed appraisal management company shall submit a renewal application, along with the applicable renewal fee determined by the department under s. 440.03 (9) (a), but not to exceed $2,000, to the department on a form prescribed by the department by the applicable renewal date specified determined under s. 440.08 (2) (a). A renewal under this subsection is subject to sub. (4).
SB1,307Section 307. 459.09 (1) (intro.) of the statutes is amended to read: 459.09 (1) (intro.) Each person issued a license under this subchapter shall, on or before the applicable renewal date specified determined under s. 440.08 (2) (a), do all of the following:
SB1,308Section 308. 459.09 (1) (b) of the statutes is amended to read: 459.09 (1) (b) Submit with the renewal application proof that he or she completed, within the 2 years each 2-year period within the 4-year period immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved or required under rules promulgated under s. 459.095. This paragraph does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.
SB1,309Section 309. 459.20 (2k) of the statutes is created to read: 459.20 (2k) “Compact” means the audiology and speech-language pathology interstate compact.
SB1,310Section 310. 459.20 (2m) of the statutes is created to read: 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.
SB1,311Section 311. 459.20 (3v) of the statutes is created to read: 459.20 (3v) “Single-state license” has the meaning given in s. 459.70 (2) (t).
SB1,312Section 312. 459.22 (2) (b) of the statutes is amended to read: 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.
SB1,313Section 313. 459.24 (1) (a) of the statutes is amended to read: 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.
SB1,314Section 314. 459.24 (1) (b) of the statutes is amended to read: 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.
SB1,315Section 315. 459.24 (3c) of the statutes is created to read: 459.24 (3c) Types of licenses. (a) A license granted under sub. (2) or (3) may be either of the following:
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.
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.
(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.
SB1,316Section 316. 459.24 (3e) of the statutes is created to read: 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:
(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).
(b) The individual applies for the compact privilege in the manner prescribed by the department.
(c) The individual pays any fee established by the department under s. 459.71 (2).
SB1,317Section 317. 459.24 (3m) of the statutes is renumbered 459.30 (2), and 459.30 (2) (intro.) and (a), as renumbered, are amended to read: 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:
(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.
SB1,318Section 318. 459.24 (5) (intro.) of the statutes is amended to read: 459.24 (5) Expiration and renewal. (intro.) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under sub. (6), are specified shall be as determined under in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include all of the following:
SB1,319Section 319. 459.24 (5) (b) of the statutes is amended to read: 459.24 (5) (b) Proof that the applicant completed, within the 2 years each 2-year period within the 4-year period immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved or required under rules promulgated under sub. (5m). This paragraph does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.
SB1,320Section 320. 459.30 of the statutes is created to read: 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:
1. Practice audiology in this state, subject to s. 459.70 (4).
2. Practice audiology in this state via telehealth, as defined in s. 459.70 (2) (y), subject to s. 459.70 (5).
(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:
1. Practice speech-language pathology in this state, subject to s. 459.70 (4).
2. Practice speech-language pathology in this state via telehealth, as defined in s. 459.70 (2) (y), subject to s. 459.70 (5).
SB1,321Section 321. 459.34 (2) (intro.) of the statutes is amended to read: 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:
SB1,322Section 322. 459.34 (2m) (a) (intro.) of the statutes is amended to read: 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:
SB1,323Section 323. 459.34 (2m) (b) of the statutes is amended to read: 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.
SB1,324Section 324. 459.34 (2m) (c) of the statutes is amended to read: 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).
SB1,325Section 325. 459.34 (3) of the statutes is amended to read: 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).
SB1,326Section 326. Subchapter III of chapter 459 [precedes 459.70] of the statutes is created to read: CHAPTER 459
SUBCHAPTER III
AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY INTERSTATE COMPACT
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.
(b) This compact is designed to achieve all of the following objectives:
1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.
2. Enhance the states’ ability to protect the public’s health and safety.
3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.
4. Support spouses of relocating active duty military personnel.
5. Enhance the exchange of licensure, investigative, and disciplinary information between member states.
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.
7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
(2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:
(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.
(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.
(c) “Alternative program” means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
(d) “Audiologist” means an individual who is licensed by a state to practice audiology.
(e) “Audiology” means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules.
