Representative Derrin R. Owens proposes the following substitute bill:


1     
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

2     
INTERSTATE COMPACT

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Derrin R. Owens

6     
Senate Sponsor: Evan J. Vickers

7     

8     LONG TITLE
9     General Description:
10          This bill enacts the Audiology and Speech-Language Pathology Interstate Compact.
11     Highlighted Provisions:
12          This bill:
13          ▸     enacts the Audiology and Speech-Language Pathology Interstate Compact with
14     amendments;
15          ▸     authorizes the Division of Occupational and Professional Licensing to make rules to
16     implement the Audiology and Speech-Language Pathology Interstate Compact; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          58-41-2, as last amended by Laws of Utah 2017, Chapter 43
25          58-41-3, as last amended by Laws of Utah 1989, Chapter 207

26     ENACTS:
27          58-41a-101, Utah Code Annotated 1953
28          58-41a-102, Utah Code Annotated 1953
29          58-41a-103, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 58-41-2 is amended to read:
33          58-41-2. Definitions.
34          In addition to the definitions in Section 58-1-102, as used in this chapter:
35          (1) "ASHA" means the American Speech-Language-Hearing Association.
36          (2) "Association" means the Utah Speech-Language-Hearing Association.
37          (3) "Audiologist" means a person who practices audiology or who holds himself out to
38     the public directly or indirectly by any means, act, title, identification, performance, method, or
39     procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses,
40     diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected
41     by or suspected of having disorders of or conditions of hearing loss, or assists persons in
42     achieving the reception, communication, and perception of sound and determines the range,
43     nature, and degree of hearing function related to communication needs, or provides audiology
44     services and uses audio electronic equipment and provides audiology services and consultation
45     regarding noise control and hearing conservation, conducts tests and interpretation of vestibular
46     function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories,
47     prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and
48     calibrates instruments used in testing and supplementing auditory function. A person is
49     deemed to be an audiologist if [he] the person directly or indirectly provides or offers to
50     provide these services or functions set forth in Subsection (4) or any related function.
51          (4) "Audiology" means the application of principles, methods, and procedures, and
52     measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing,
53     consulting, treating, instructing, and researching, which is related to hearing, vestibular
54     function, and the disorders of hearing, to related language and speech disorders and to aberrant
55     behavior related to hearing loss or vestibular function, for the purpose of preventing and
56     modifying disorders related to hearing loss or vestibular function, and planning, directing,

57     managing, conducting, and participating in hearing conservation, evoked potentials evaluation,
58     nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation
59     programs, including hearing aid evaluation, assistive listening device evaluation, prescription,
60     preparation, and dispensing, and auditory training and lip reading.
61          (5) "Audiology aide" means an individual who:
62          (a) meets the minimum qualifications established by the board for audiology aides.
63     Those qualifications shall be substantial but less than those established by this chapter for
64     licensing an audiologist;
65          (b) does not act independently; and
66          (c) works under the personal direction and direct supervision of a licensed audiologist
67     who accepts responsibility for the acts and performance of that audiology aide under this
68     chapter.
69          (6) "Board" means the Speech-language Pathology and Audiology Licensing Board
70     created under Section 58-41-6.
71          (7) "CCC" means the certificate of clinical competence awarded by the American
72     Speech-Language-Hearing Association.
73          (8) "CFY" means the clinical fellowship year prescribed by ASHA.
74          (9) "Disorder" means the condition of decreased, absent, or impaired auditory, speech,
75     voice, or language function.
76          (10) "Hearing aid dealer" means one who sells, repairs, and adjusts hearing aids.
77          (11) "Licensed audiologist" means any individual to whom a license has been issued
78     under this chapter or Chapter 41a, Audiology and Speech-Language Pathology Interstate
79     Compact, if [that] the license is in force and has not been suspended or revoked.
80          (12) "Licensed speech-language pathologist" means any individual licensed under this
81     chapter [whose] or Chapter 41a, Audiology and Speech-Language Pathology Interstate
82     Compact, if the license is in force and has not been suspended or revoked.
83          (13) "Person" means any individual, group, organization, partnership, or corporate
84     body, except that only an individual may be licensed under this chapter.
85          (14) "Practice of audiology" means rendering or offering to render to individuals,
86     groups, agencies, organizations, industries, or the public any performance or service in
87     audiology.

88          (15) "Practice of speech-language pathology" means rendering, prescribing, or offering
89     to render to individuals, groups, agencies, organizations, industries or the public any service in
90     speech-language pathology.
91          (16) "Prescribe" means to:
92          (a) determine, specify, and give the directions, procedures, or rules for a person to
93     follow in determining and ordering the preparation, delivery, and use of specific mechanical,
94     acoustic, or electronic aids to hearing or speech; and
95          (b) determine or designate a remedy for a person.
96          (17) "Prescription" means a written or oral order for the delivery or execution of that
97     which has been prescribed.
98          (18) "Speech-language pathologist" means:
99          (a) a person who practices speech-language pathology or who holds himself out to the
100     public by any means, or by any service or function [he] the person performs, directly or
101     indirectly, or by using the terms "speech-language pathologist," "speech-language therapist,"
102     "language disability specialist," or any variation, derivation, synonym, coinage, or whatever
103     expresses, employs, or implies these terms, names, or functions; or
104          (b) a person who performs any of the functions described in Subsection (19) or any
105     related functions.
106          (19) "Speech-language pathology" means the application of principles, methods, and
107     procedures for the examination, measurement, prevention, testing, identification, evaluation,
108     diagnosis, treatment, instruction, modification, prescription, restoration, counseling,
109     habilitation, prediction, management, and research related to the development and the disorders
110     or disabilities of human communication, speech, voice, language, cognitive communication, or
111     oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying,
112     evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or
113     modifying those disorders and their effects in individuals or groups of individuals.
114          (20) "Speech-language pathology aide" means an individual who:
115          (a) meets the minimum qualifications established by the board for speech-language
116     pathology aides. Those qualifications shall be substantial but less than those established by this
117     chapter for licensing a speech-language pathologist;
118          (b) does not act independently; and

119          (c) works under the personal direction and direct supervision of a licensed
120     speech-language pathologist who accepts the responsibility for the acts and performances of
121     that speech-language pathology aide while working under this chapter.
122          (21) "Treatment" means the services of a speech-language pathologist or audiologist to
123     examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior,
124     or their effects.
125          (22) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
126     defined by rule includes:
127          (a) failing to maintain a level of professional practice consistent with all initial and
128     subsequent requirements by which a license is achieved or maintained under this chapter;
129          (b) utilizing substandard or inappropriate facilities or equipment;
130          (c) treating any disorder for which the licensee has not had the necessary training and
131     experience; or
132          (d) failing to comply with the requirements of Section 58-41-17.
133          Section 2. Section 58-41-3 is amended to read:
134          58-41-3. Scope of licenses -- Practicing without license prohibited.
135          (1) Licensing shall be granted independently either in speech-language pathology or
136     audiology. A person shall be licensed in one or both areas when [he] the person meets the
137     respective qualifications.
138          (2) [No] Except as provided in Section 58-41-4, no person may practice, represent
139     [himself] themselves to be, consult, or perform as a speech-language pathologist or audiologist
140     in this state unless [he] the person is licensed in accordance with:
141          (a) this chapter[.]; or
142          (b) Chapter 41a, Audiology and Speech-Language Pathology Interstate Compact.
143          Section 3. Section 58-41a-101 is enacted to read:
144     
CHAPTER 41a. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

145     
INTERSTATE COMPACT

146          58-41a-101. Title.
147          This chapter is known as the "Audiology and Speech-Language Pathology Interstate
148     Compact."
149          Section 4. Section 58-41a-102 is enacted to read:

150          58-41a-102. Audiology and Speech-Language Pathology Interstate Compact.
151          AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE
152     COMPACT
153          SECTION 1: PURPOSE
154          The purpose of this Compact is to facilitate interstate practice of audiology and
155     speech-language pathology with the goal of improving public access to audiology and
156     speech-language pathology services. The practice of audiology and speech-language pathology
157     occurs in the state where the patient/client/student is located at the time of the
158     patient/client/student encounter. The Compact preserves the regulatory authority of states to
159     protect public health and safety through the current system of state licensure.
160          This Compact is designed to achieve the following objectives:
161          1. Increase public access to audiology and speech-language pathology services by
162     providing for the mutual recognition of other member state licenses;
163          2. Enhance the states' ability to protect the public's health and safety;
164          3. Encourage the cooperation of member states in regulating multistate audiology and
165     speech-language pathology practice;
166          4. Support spouses of relocating active duty military personnel;
167          5. Enhance the exchange of licensure, investigative and disciplinary information
168     between member states;
169          6. Allow a remote state to hold a provider of services with a compact privilege in that
170     state accountable to that state's practice standards; and
171          7. Allow for the use of telehealth technology to facilitate increased access to audiology
172     and speech-language pathology services.
173          SECTION 2: DEFINITIONS
174          As used in this Compact, and except as otherwise provided, the following definitions
175     shall apply:
176          A. "Active duty military" means full-time duty status in the active uniformed service of
177     the United States, including members of the National Guard and Reserve on active duty orders
178     pursuant to 10 U.S.C. Section 1209 and 1211.
179          B. "Adverse action" means any administrative, civil, equitable or criminal action
180     permitted by a state's laws which is imposed by a licensing board or other authority against an

181     audiologist or speech-language pathologist, including actions against an individual's
182     license or privilege to practice such as revocation, suspension, probation, monitoring of the
183     licensee, or restriction on the licensee's practice.
184          C. "Alternative program" means a non-disciplinary monitoring process approved by an
185     audiology or speech-language pathology licensing board to address impaired practitioners.
186          D. "Audiologist" means an individual who is licensed by a state to practice audiology.
187          E. "Audiology" means the care and services provided by a licensed audiologist as set
188     forth in the member state's statutes and rules.
189          F. "Audiology and Speech-Language Pathology Compact Commission" or
190     "Commission" means the national administrative body whose membership consists of all states
191     that have enacted the Compact.
192          G. "Audiology and speech-language pathology licensing board," "audiology licensing
193     board," "speech-language pathology licensing board," or "licensing board" means the agency
194     of a state that is responsible for the licensing and regulation of audiologists and/or
195     speech-language pathologists.
196          H. "Compact privilege" means the authorization granted by a remote state to allow a
197     licensee from another member state to practice as an audiologist or speech-language
198     pathologist in the remote state under its laws and rules. The practice of audiology or
199     speech-language pathology occurs in the member state where the patient/client/student is
200     located at the time of the patient/client/student encounter.
201          I. "Current significant investigative information" means investigative information that a
202     licensing board, after an inquiry or investigation that includes notification and an opportunity
203     for the audiologist or speech-language pathologist to respond, if required by state law, has
204     reason to believe is not groundless and, if proved true, would indicate more than a minor
205     infraction.
206          J. "Data system" means a repository of information about licensees, including, but not
207     limited to, continuing education, examination, licensure, investigative, compact privilege and
208     adverse action.
209          K. "Encumbered license" means a license in which an adverse action restricts the
210     practice of audiology or speech-language pathology by the licensee and said adverse action has
211     been reported to the National Practitioners Data Bank (NPDB).

212          L. "Executive Committee" means a group of directors elected or appointed to act on
213     behalf of, and within the powers granted to them by, the Commission.
214          M. "Home state" means the member state that is the licensee's primary state of
215     residence.
216          N. "Impaired practitioner" means individuals whose professional practice is adversely
217     affected by substance abuse, addiction, or other health-related conditions.
218          O. "Licensee" means an individual who currently holds an authorization from the state
219     licensing board to practice as an audiologist or speech-language pathologist.
220          P. "Member state" means a state that has enacted the Compact.
221          Q. "Privilege to practice" means a legal authorization permitting the practice of
222     audiology or speech-language pathology in a remote state.
223          R. "Remote state" means a member state other than the home state where a licensee is
224     exercising or seeking to exercise the compact privilege.
225          S. "Rule" means a regulation, principle or directive promulgated by the Commission
226     that has the force of law.
227          T. "Single-state license" means an audiology or speech-language pathology license
228     issued by a member state that authorizes practice only within the issuing state and does not
229     include a privilege to practice in any other member state.
230          U. "Speech-language pathologist" means an individual who is licensed by a state to
231     practice speech-language pathology.
232          V. "Speech-language pathology" means the care and services provided by a licensed
233     speech-language pathologist as set forth in the member state's statutes and rules.
234          W. "State" means any state, commonwealth, district or territory of the United States of
235     America that regulates the practice of audiology and speech-language pathology.
236          X. "State practice laws" means a member state's laws, rules and regulations that govern
237     the practice of audiology or speech-language pathology, define the scope of audiology or
238     speech-language pathology practice, and create the methods and grounds for imposing
239     discipline.
240          Y. "Telehealth" means the application of electronic communication or information
241     technology that meets the applicable standard of care to deliver audiology or speech-language
242     pathology services or information at a distance for assessment, intervention and/or

243     consultation.
244          SECTION 3. STATE PARTICIPATION IN THE COMPACT
245          A. A license issued to an audiologist or speech-language pathologist by a home state to
246     a resident in that state shall be recognized by each member state as authorizing an audiologist
247     or speech-language pathologist to practice audiology or speech-language pathology, under a
248     privilege to practice, in each member state.
249          B. A state must implement or utilize procedures for considering the criminal history
250     records of applicants for initial privilege to practice. These procedures shall include the
251     submission of fingerprints or other biometric-based information by applicants for the purpose
252     of obtaining an applicant's criminal history record information from the Federal Bureau of
253     Investigation and the agency responsible for retaining that state's criminal records.
254          1. A member state must fully implement a criminal background check requirement,
255     within a time frame established by rule, by receiving the results of the Federal Bureau of
256     Investigation record search on criminal background checks and use the results in making
257     licensure decisions.
258          2. Communication between a member state, the Commission and among member states
259     regarding the verification of eligibility for licensure through the Compact shall not include any
260     information received from the Federal Bureau of Investigation relating to a federal criminal
261     records check performed by a member state under Public Law 92-544.
262          C. Upon application for a privilege to practice, the licensing board in the issuing remote
263     state shall ascertain, through the data system, whether the applicant has ever held, or is the
264     holder of, a license issued by any other state, whether there are any encumbrances on any
265     license or privilege to practice held by the applicant, whether any adverse action has been taken
266     against any license or privilege to practice held by the applicant.
267          D. Each member state shall require an applicant to obtain or retain a license in the home
268     state and meet the home state's qualifications for licensure or renewal of licensure, as well as,
269     all other applicable state laws.
270          E. For an audiologist:
271          1. Must meet one of the following educational requirements:
272          a. On or before, Dec. 31, 2007, has graduated with a master's degree or doctorate in
273     audiology, or equivalent degree regardless of degree name, from a program that is accredited

274     by an accrediting agency recognized by the Council for Higher Education Accreditation, or its
275     successor, or by the United States Department of Education and operated by a college or
276     university accredited by a regional or national accrediting organization recognized by the
277     board; or
278          b. On or after, Jan. 1, 2008, has graduated with a Doctoral degree in audiology, or
279     equivalent degree, regardless of degree name, from a program that is accredited by an
280     accrediting agency recognized by the Council for Higher Education Accreditation, or its
281     successor, or by the United States Department of Education and operated by a college or
282     university accredited by a regional or national accrediting organization recognized by the
283     board; or
284          c. Has graduated from an audiology program that is housed in an institution of higher
285     education outside of the United States (a) for which the program and institution have been
286     approved by the authorized accrediting body in the applicable country and (b) the degree
287     program has been verified by an independent credentials review agency to be comparable to a
288     state licensing board-approved program.
289          2. Has completed a supervised clinical practicum experience from an accredited
290     educational institution or its cooperating programs as required by the board;
291          3. Has successfully passed a national examination approved by the Commission;
292          4. Holds an active, unencumbered license;
293          5. Has not been convicted or found guilty, and has not entered into an agreed
294     disposition, of a felony related to the practice of audiology, under applicable state or federal
295     criminal law; and
296          6. Has a valid United States Social Security or National Practitioner Identification
297     number.
298          F. For a speech-language pathologist:
299          1. Must meet one of the following educational requirements:
300          a. Has graduated with a master's degree from a speech-language pathology program
301     that is accredited by an organization recognized by the United States Department of Education
302     and operated by a college or university accredited by a regional or national accrediting
303     organization recognized by the board; or
304          b. Has graduated from a speech-language pathology program that is housed in an

305     institution of higher education outside of the United States (a) for which the program and
306     institution have been approved by the authorized accrediting body in the applicable country and
307     (b) the degree program has been verified by an independent credentials review agency to be
308     comparable to a state licensing board-approved program.
309          2. Has completed a supervised clinical practicum experience from an educational
310     institution or its cooperating programs as required by the Commission;
311          3. Has completed a supervised postgraduate professional experience as required by the
312     Commission;
313          4. Has successfully passed a national examination approved by the Commission;
314          5. Holds an active, unencumbered license;
315          6. Has not been convicted or found guilty, and has not entered into an agreed
316     disposition, of a felony related to the practice of speech-language pathology, under applicable
317     state or federal criminal law; and
318          7. Has a valid United States Social Security or National Practitioner Identification
319     number.
320          G. The privilege to practice is derived from the home state license.
321          H. An audiologist or speech-language pathologist practicing in a member state must
322     comply with the state practice laws of the state in which the client is located at the time service
323     is provided. The practice of audiology and speech-language pathology shall include all
324     audiology and speech-language pathology practice as defined by the state practice laws of the
325     member state in which the client is located. The practice of audiology and speech-language
326     pathology in a member state under a privilege to practice shall subject an audiologist or
327     speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws
328     of the member state in which the client is located at the time service is provided.
329          I. Individuals not residing in a member state shall continue to be able to apply for a
330     member state's single-state license as provided under the laws of each member state. However,
331     the single-state license granted to these individuals shall not be recognized as granting the
332     privilege to practice audiology or speech-language pathology in any other member state.
333     Nothing in this Compact shall affect the requirements established by a member state for the
334     issuance of a single-state license.
335          J. Member states may charge a fee for granting a compact privilege.

336          K. Member states must comply with the bylaws and rules and regulations of the
337     Commission.
338          SECTION 4. COMPACT PRIVILEGE
339          A. To exercise the compact privilege under the terms and provisions of the Compact,
340     the audiologist or speech-language pathologist shall:
341          1. Hold an active license in the home state;
342          2. Have no encumbrance on any state license;
343          3. Be eligible for a compact privilege in any member state in accordance with Section 3;
344          4. Have not had any adverse action against any license or compact privilege within the
345     previous 2 years from date of application;
346          5. Notify the Commission that the licensee is seeking the compact privilege within a
347     remote state(s);
348          6. Pay any applicable fees, including any state fee, for the compact privilege; and
349          7. Report to the Commission adverse action taken by any non-member state within 30
350     days from the date the adverse action is taken.
351          B. For the purposes of the compact privilege, an audiologist or speech-language
352     pathologist shall only hold one home state license at a time.
353          C. Except as provided in Section 6, if an audiologist or speech-language pathologist
354     changes primary state of residence by moving between two member states, the audiologist or
355     speech-language pathologist must apply for licensure in the new home state, and the license
356     issued by the prior home state shall be deactivated in accordance with applicable rules adopted
357     by the Commission.
358          D. The audiologist or speech-language pathologist may apply for licensure in advance
359     of a change in primary state of residence.
360          E. A license shall not be issued by the new home state until the audiologist or
361     speech-language pathologist provides satisfactory evidence of a change in primary state of
362     residence to the new home state and satisfies all applicable requirements to obtain a license
363     from the new home state.
364          F. If an audiologist or speech-language pathologist changes primary state of residence
365     by moving from a member state to a non-member state, the license issued by the prior home
366     state shall convert to a single-state license, valid only in the former home state, and the

367     compact privilege in any member state is deactivated in accordance with rules promulgated by
368     the Commission.
369          G. The compact privilege is valid until the expiration date of the home state license.
370     The licensee must comply with the requirements of Section 4A to maintain the compact
371     privilege in the remote state.
372          H. A licensee providing audiology or speech-language pathology services in a remote
373     state under the compact privilege shall function within the laws and regulations of the remote
374     state.
375          I. A licensee providing audiology or speech-language pathology services in a remote
376     state is subject to that state's regulatory authority. A remote state may, in accordance with due
377     process and that state's laws, remove a licensee's compact privilege in the remote state for a
378     specific period of time, impose fines, and/or take any other necessary actions to protect the
379     health and safety of its citizens.
380          J. If a home state license is encumbered, the licensee shall lose the compact privilege in
381     any remote state until the following occur:
382          1. The home state license is no longer encumbered; and
383          2. Two years have elapsed from the date of the adverse action.
384          K. Once an encumbered license in the home state is restored to good standing, the
385     licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote
386     state.
387          L. Once the requirements of Section 4J have been met, the licensee must meet the
388     requirements in Section 4A to obtain a compact privilege in a remote state.
389          SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
390          A. Member states shall recognize the right of an audiologist or speech-language
391     pathologist, licensed by a home state in accordance with Section 3 and under rules promulgated
392     by the Commission, to practice audiology or speech-language pathology in any member state
393     via telehealth under a privilege to practice as provided in the Compact and rules promulgated
394     by the Commission.
395          B. A licensee providing audiology or speech-language pathology services in a remote
396     state under the compact privilege shall function within the laws and regulations of the remote
397     state.

398          SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
399          Active duty military personnel, or their spouse, shall designate a home state where the
400     individual has a current license in good standing. The individual may retain the home state
401     designation during the period the service member is on active duty. Subsequent to designating
402     a home state, the individual shall only change their home state through application for licensure
403     in the new state.
404          SECTION 7. ADVERSE ACTIONS
405          A. In addition to the other powers conferred by state law, a remote state shall have the
406     authority, in accordance with existing state due process law, to:
407          1. Take adverse action against an audiologist's or speech-language pathologist's
408     privilege to practice within that member state.
409          2. Issue subpoenas for both hearings and investigations that require the attendance and
410     testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing
411     board in a member state for the attendance and testimony of witnesses or the production of
412     evidence from another member state shall be enforced in the latter state by any court of
413     competent jurisdiction, according to the practice and procedure of that court applicable to
414     subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
415     fees, travel expenses, mileage and other fees required by the service statutes of the state in
416     which the witnesses or evidence are located.
417          3. If otherwise permitted by state law, recover from the affected audiologist or
418     speech-language pathologist the costs of investigations and disposition of cases resulting from
419     any adverse action taken against that audiologist or speech-language pathologist.
420          4. Take adverse action based on the factual findings of the remote state, provided that
421     the home state follows its own procedures for taking the adverse action.
422          B. Only the home state shall have the power to take adverse action against an
423     audiologist's or speech-language pathologist's license issued by the home state.
424          C. For purposes of taking adverse action, the home state shall give the same priority and
425     effect to reported conduct received from a member state as it would if the conduct had occurred
426     within the home state. In so doing, the home state shall apply its own state laws to determine
427     appropriate action.
428          D. The home state shall complete any pending investigations of an audiologist or

429     speech-language pathologist who changes primary state of residence during the course of the
430     investigations. The home state shall also have the authority to take appropriate action(s) and
431     shall promptly report the conclusions of the investigations to the administrator of the data
432     system. The administrator of the data system shall promptly notify the new home state of any
433     adverse actions.
434          E. Joint Investigations
435          1. In addition to the authority granted to a member state by its respective audiology or
436     speech-language pathology practice act or other applicable state law, any member state may
437     participate with other member states in joint investigations of licensees.
438          2. Member states shall share any investigative, litigation, or compliance materials in
439     furtherance of any joint or individual investigation initiated under the Compact.
440          F. If adverse action is taken by the home state against an audiologist's or speech
441     language pathologist's license, the audiologist's or speech-language pathologist's privilege to
442     practice in all other member states shall be deactivated until all encumbrances have been
443     removed from the state license. All home state disciplinary orders that impose adverse action
444     against an audiologist's or speech language pathologist's license shall include a statement that
445     the audiologist's or speech-language pathologist's privilege to practice is deactivated in all
446     member states during the pendency of the order.
447          G. If a member state takes adverse action against a license, it shall promptly notify the
448     administrator of the data system. The administrator of the data system shall promptly notify the
449     home state and any remote states in which the licensee has the practice privilege of any adverse
450     actions by the home state or remote states.
451          H. Nothing in this Compact shall override a member state's decision that participation
452     in an alternative program may be used in lieu of adverse action.
453          SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND
454     SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSION
455          A. The Compact member states hereby create and establish a joint public agency known
456     as the Audiology and Speech-Language Pathology Compact Commission:
457          1. The Commission is an instrumentality of the Compact states.
458          2. Venue is proper and judicial proceedings by or against the Commission shall be
459     brought solely and exclusively in a court of competent jurisdiction where the principal office of

460     the Commission is located. The Commission may waive venue and jurisdictional defenses to
461     the extent it adopts or consents to participate in alternative dispute resolution proceedings.
462          3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
463          B. Membership, Voting and Meetings
464          1. Each member state shall have two (2) delegates selected by that member state's
465     licensing board. The delegates shall be current members of the licensing board. One shall be an
466     audiologist and one shall be a speech-language pathologist.
467          2. An additional five (5) delegates, who are either a public member or board
468     administrator from a state licensing board, shall be chosen by the Executive Committee from a
469     pool of nominees provided by the Commission at Large.
470          3. Any delegate may be removed or suspended from office as provided by the law of the
471     state from which the delegate is appointed.
472          4. The member state board shall fill any vacancy occurring on the Commission, within
473     90 days.
474          5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
475     rules and creation of bylaws and shall otherwise have an opportunity to participate in the
476     business and affairs of the Commission.
477          6. A delegate shall vote in person or by other means as provided in the bylaws. The
478     bylaws may provide for delegates' participation in meetings by telephone or other means of
479     communication.
480          7. The Commission shall meet at least once during each calendar year. Additional
481     meetings shall be held as set forth in the bylaws.
482          C. The Commission shall have the following powers and duties:
483          1. Establish the fiscal year of the Commission;
484          2. Establish bylaws;
485          3. Establish a Code of Ethics;
486          4. Maintain its financial records in accordance with the bylaws;
487          5. Meet and take actions as are consistent with the provisions of this Compact and the
488     bylaws;
489          6. Promulgate uniform rules to facilitate and coordinate implementation and
490     administration of this Compact. The rules shall have the force and effect of law and shall be

491     binding in all member states to the extent and in the manner provided for in the Compact;
492          7. Bring and prosecute legal proceedings or actions in the name of the Commission,
493     provided that the standing of any state audiology or speech-language pathology licensing board
494     to sue or be sued under applicable law shall not be affected;
495          8. Purchase and maintain insurance and bonds;
496          9. Borrow, accept, or contract for services of personnel, including, but not limited to,
497     employees of a member state;
498          10. Hire employees, elect or appoint officers, fix compensation, define duties, grant
499     individuals appropriate authority to carry out the purposes of the Compact, and to establish the
500     Commission's personnel policies and programs relating to conflicts of interest, qualifications
501     of personnel, and other related personnel matters;
502          11. Accept any and all appropriate donations and grants of money, equipment, supplies,
503     materials and services, and to receive, utilize and dispose of the same; provided that at all times
504     the Commission shall avoid any appearance of impropriety and/or conflict of interest;
505          12. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
506     improve or use, any property, real, personal or mixed; provided that at all times the
507     Commission shall avoid any appearance of impropriety;
508          13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
509     any property real, personal, or mixed;
510          14. Establish a budget and make expenditures;
511          15. Borrow money;
512          16. Appoint committees, including standing committees composed of members, and
513     other interested persons as may be designated in this Compact and the bylaws;
514          17. Provide and receive information from, and cooperate with, law enforcement
515     agencies;
516          18. Establish and elect an Executive Committee; and
517          19. Perform other functions as may be necessary or appropriate to achieve the purposes
518     of this Compact consistent with the state regulation of audiology and speech-language
519     pathology licensure and practice.
520          D. The Commission shall have no authority to change or modify the laws of the
521     member states which define the practice of audiology and speech-language pathology in the

522     respective states.
523          E. The Executive Committee
524          The Executive Committee shall have the power to act on behalf of the Commission,
525     within the powers of the Commission, according to the terms of this Compact:
526          1. The Executive Committee shall be composed of ten (10) members:
527          a. Seven (7) voting members who are elected by the Commission from the current
528     membership of the Commission;
529          b. Two (2) ex-officios, consisting of one nonvoting member from a recognized national
530     audiology professional association and one nonvoting member from a recognized national
531     speech-language pathology association; and
532          c. One (1) ex-officio, nonvoting member from the recognized membership organization
533     of the audiology and speech-language pathology licensing boards.
534          F. The ex-officio members shall be selected by their respective organizations.
535          1. The Commission may remove any member of the Executive Committee as provided
536     in bylaws.
537          2. The Executive Committee shall meet at least annually.
538          3. The Executive Committee shall have the following duties and responsibilities:
539          a. Recommend to the entire Commission changes to the rules or bylaws, changes to this
540     Compact legislation, fees paid by Compact member states such as annual dues, and any
541     commission Compact fee charged to licensees for the compact privilege;
542          b. Ensure Compact administration services are appropriately provided, contractual or
543     otherwise;
544          c. Prepare and recommend the budget;
545          d. Maintain financial records on behalf of the Commission;
546          e. Monitor Compact compliance of member states and provide compliance reports to
547     the Commission;
548          f. Establish additional committees as necessary; and
549          g. Other duties as provided in rules or bylaws.
550          4. Meetings of the Commission
551          All meetings shall be open to the public, and public notice of meetings shall be given in
552     the same manner as required under the rulemaking provisions in Section 10.

553          5. The Commission or the Executive Committee or other committees of the
554     Commission may convene in a closed, non-public meeting if the Commission or Executive
555     Committee or other committees of the Commission must discuss:
556          a. Non-compliance of a member state with its obligations under the Compact;
557          b. The employment, compensation, discipline or other matters, practices or procedures
558     related to specific employees or other matters related to the Commission's internal personnel
559     practices and procedures;
560          c. Current, threatened, or reasonably anticipated litigation;
561          d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
562     estate;
563          e. Accusing any person of a crime or formally censuring any person;
564          f. Disclosure of trade secrets or commercial or financial information that is privileged
565     or confidential;
566          g. Disclosure of information of a personal nature where disclosure would constitute a
567     clearly unwarranted invasion of personal privacy;
568          h. Disclosure of investigative records compiled for law enforcement purposes;
569          i. Disclosure of information related to any investigative reports prepared by or on behalf
570     of or for use of the Commission or other committee charged with responsibility of investigation
571     or determination of compliance issues pursuant to the Compact; or
572          j. Matters specifically exempted from disclosure by federal or member state statute.
573          6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
574     Commission's legal counsel or designee shall certify that the meeting may be closed and shall
575     reference each relevant exempting provision.
576          7. The Commission shall keep minutes that fully and clearly describe all matters
577     discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
578     reasons therefore, including a description of the views expressed. All documents considered in
579     connection with an action shall be identified in minutes. All minutes and documents of
580     meetings, other than closed meetings, shall be made available to members of the public upon
581     request. All minutes and documents of a closed meeting shall remain under seal, subject to
582     release by a majority vote of the Commission or order of a court of competent jurisdiction.
583          8. Financing of the Commission

584          a. The Commission shall pay, or provide for the payment of, the reasonable expenses of
585     its establishment, organization, and ongoing activities.
586          b. The Commission may accept any and all appropriate revenue sources, donations, and
587     grants of money, equipment, supplies, materials, and services.
588          c. The Commission may levy on and collect an annual assessment from each member
589     state or impose fees on other parties to cover the cost of the operations and activities of the
590     Commission and its staff, which must be in a total amount sufficient to cover its annual budget
591     as approved each year for which revenue is not provided by other sources. The aggregate
592     annual assessment amount shall be allocated based upon a formula to be determined by the
593     Commission, which shall promulgate a rule binding upon all member states.
594          9. The Commission shall not incur obligations of any kind prior to securing the funds
595     adequate to meet the same; nor shall the Commission pledge the credit of any of the member
596     states, except by and with the authority of the member state.
597          10. The Commission shall keep accurate accounts of all receipts and disbursements.
598     The receipts and disbursements of the Commission shall be subject to the audit and accounting
599     procedures established under its bylaws. However, all receipts and disbursements of funds
600     handled by the Commission shall be audited yearly by a certified or licensed public accountant,
601     and the report of the audit shall be included in and become part of the annual report of the
602     Commission.
603          G. Qualified Immunity, Defense, and Indemnification
604          1. The members, officers, executive director, employees and representatives of the
605     Commission shall be immune from suit and liability, either personally or in their official
606     capacity, for any claim for damage to or loss of property or personal injury or other civil
607     liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
608     that the person against whom the claim is made had a reasonable basis for believing occurred
609     within the scope of Commission employment, duties or responsibilities; provided that nothing
610     in this paragraph shall be construed to protect any person from suit and/or liability for any
611     damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
612     that person.
613          2. The Commission shall defend any member, officer, executive director, employee or
614     representative of the Commission in any civil action seeking to impose liability arising out of

615     any actual or alleged act, error, or omission that occurred within the scope of Commission
616     employment, duties, or responsibilities, or that the person against whom the claim is made had
617     a reasonable basis for believing occurred within the scope of Commission employment, duties,
618     or responsibilities; provided that nothing herein shall be construed to prohibit that person from
619     retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
620     omission did not result from that person's intentional or willful or wanton misconduct.
621          3. The Commission shall indemnify and hold harmless any member, officer, executive
622     director, employee, or representative of the Commission for the amount of any settlement or
623     judgment obtained against that person arising out of any actual or alleged act, error or omission
624     that occurred within the scope of Commission employment, duties, or responsibilities, or that
625     person had a reasonable basis for believing occurred within the scope of Commission
626     employment, duties, or responsibilities, provided that the actual or alleged act, error, or
627     omission did not result from the intentional or willful or wanton misconduct of that person.
628          SECTION 9. DATA SYSTEM
629          A. The Commission shall provide for the development, maintenance, and utilization of
630     a coordinated database and reporting system containing licensure, adverse action, and
631     investigative information on all licensed individuals in member states.
632          B. Notwithstanding any other provision of state law to the contrary, a member state
633     shall submit a uniform data set to the data system on all individuals to whom this Compact is
634     applicable as required by the rules of the Commission, including:
635          1. Identifying information;
636          2. Licensure data;
637          3. Adverse actions against a license or compact privilege;
638          4. Non-confidential information related to alternative program participation;
639          5. Any denial of application for licensure, and the reason(s) for denial; and
640          6. Other information that may facilitate the administration of this Compact, as
641     determined by the rules of the Commission.
642          C. Investigative information pertaining to a licensee in any member state shall only be
643     available to other member states.
644          D. The Commission shall promptly notify all member states of any adverse action taken
645     against a licensee or an individual applying for a license. Adverse action information pertaining

646     to a licensee in any member state shall be available to any other member state.
647          E. Member states contributing information to the data system may designate
648     information that may not be shared with the public without the express permission of the
649     contributing state.
650          F. Any information submitted to the data system that is subsequently required to be
651     expunged by the laws of the member state contributing the information shall be removed from
652     the data system.
653          SECTION 10. RULEMAKING
654          A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
655     forth in this Section and the rules adopted thereunder. Rules and amendments shall become
656     binding as of the date specified in each rule or amendment.
657          B. If a majority of the legislatures of the member states rejects a rule, by enactment of a
658     statute or resolution in the same manner used to adopt the Compact within 4 years of the date
659     of adoption of the rule, the rule shall have no further force and effect in any member state.
660          C. Rules or amendments to the rules shall be adopted at a regular or special meeting of
661     the Commission.
662          D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at
663     least thirty (30) days in advance of the meeting at which the rule shall be considered and voted
664     upon, the Commission shall file a Notice of Proposed Rulemaking:
665          1. On the website of the Commission or other publicly accessible platform; and
666          2. On the website of each member state audiology or speech-language pathology
667     licensing board or other publicly accessible platform or the publication in which each state
668     would otherwise publish proposed rules.
669          E. The Notice of Proposed Rulemaking shall include:
670          1. The proposed time, date, and location of the meeting in which the rule shall be
671     considered and voted upon;
672          2. The text of the proposed rule or amendment and the reason for the proposed rule;
673          3. A request for comments on the proposed rule from any interested person; and
674          4. The manner in which interested persons may submit notice to the Commission of
675     their intention to attend the public hearing and any written comments.
676          F. Prior to the adoption of a proposed rule, the Commission shall allow persons to

677     submit written data, facts, opinions and arguments, which shall be made available to the public.
678          G. The Commission shall grant an opportunity for a public hearing before it adopts a
679     rule or amendment if a hearing is requested by:
680          1. At least twenty-five (25) persons;
681          2. A state or federal governmental subdivision or agency; or
682          3. An association having at least twenty-five (25) members.
683          H. If a hearing is held on the proposed rule or amendment, the Commission shall
684     publish the place, time, and date of the scheduled public hearing. If the hearing is held via
685     electronic means, the Commission shall publish the mechanism for access to the electronic
686     hearing.
687          1. All persons wishing to be heard at the hearing shall notify the executive director of
688     the Commission or other designated member in writing of their desire to appear and testify at
689     the hearing not less than five (5) business days before the scheduled date of the hearing.
690          2. Hearings shall be conducted in a manner providing each person who wishes to
691     comment a fair and reasonable opportunity to comment orally or in writing.
692          3. All hearings shall be recorded. A copy of the recording shall be made available to
693     any person upon request and at the requesting person's expense.
694          4. Nothing in this section shall be construed as requiring a separate hearing on each
695     rule. Rules may be grouped for the convenience of the Commission at hearings required by this
696     section.
697          I. Following the scheduled hearing date, or by the close of business on the scheduled
698     hearing date if the hearing was not held, the Commission shall consider all written and oral
699     comments received.
700          J. If no written notice of intent to attend the public hearing by interested parties is
701     received, the Commission may proceed with promulgation of the proposed rule without a
702     public hearing.
703          K. The Commission shall, by majority vote of all members, take final action on the
704     proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
705     record and the full text of the rule.
706          L. Upon determination that an emergency exists, the Commission may consider and
707     adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided

708     that the usual rulemaking procedures provided in the Compact and in this section shall be
709     retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
710     (90) days after the effective date of the rule. For the purposes of this provision, an emergency
711     rule is one that must be adopted immediately in order to:
712          1. Meet an imminent threat to public health, safety, or welfare;
713          2. Prevent a loss of Commission or member state funds; or
714          3. Meet a deadline for the promulgation of an administrative rule that is established by
715     federal law or rule.
716          M. The Commission or an authorized committee of the Commission may direct
717     revisions to a previously adopted rule or amendment for purposes of correcting typographical
718     errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
719     revisions shall be posted on the website of the Commission. The revision shall be subject to
720     challenge by any person for a period of thirty (30) days after posting. The revision may be
721     challenged only on grounds that the revision results in a material change to a rule. A challenge
722     shall be made in writing and delivered to the chair of the Commission prior to the end of the
723     notice period. If no challenge is made, the revision shall take effect without further action. If
724     the revision is challenged, the revision may not take effect without the approval of the
725     Commission.
726          SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
727          A. Dispute Resolution
728          1. Upon request by a member state, the Commission shall attempt to resolve disputes
729     related to the Compact that arise among member states and between member and non-member
730     states.
731          2. The Commission shall promulgate a rule providing for both mediation and binding
732     dispute resolution for disputes as appropriate.
733          B. Enforcement
734          1. The Commission, in the reasonable exercise of its discretion, shall enforce the
735     provisions and rules of this Compact.
736          2. By majority vote, the Commission may initiate legal action in the United States
737     District Court for the District of Columbia or the federal district where the Commission has its
738     principal offices against a member state in default to enforce compliance with the provisions of

739     the Compact and its promulgated rules and bylaws. The relief sought may include both
740     injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
741     member shall be awarded all costs of litigation, including reasonable attorney's fees.
742          3. The remedies herein shall not be the exclusive remedies of the Commission. The
743     Commission may pursue any other remedies available under federal or state law.
744          SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE
745     COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
746     PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
747          A. The Compact shall come into effect on the date on which the Compact statute is
748     enacted into law in the 10th member state. The provisions, which become effective at that time,
749     shall be limited to the powers granted to the Commission relating to assembly and the
750     promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers
751     necessary to the implementation and administration of the Compact.
752          B. Any state that joins the Compact subsequent to the Commission's initial adoption of
753     the rules shall be subject to the rules as they exist on the date on which the Compact becomes
754     law in that state. Any rule that has been previously adopted by the Commission shall have the
755     full force and effect of law on the day the Compact becomes law in that state.
756          C. Any member state may withdraw from this Compact by enacting a statute repealing
757     the same.
758          1. A member state's withdrawal shall not take effect until six (6) months after
759     enactment of the repealing statute.
760          2. Withdrawal shall not affect the continuing requirement of the withdrawing state's
761     audiology or speech-language pathology licensing board to comply with the investigative and
762     adverse action reporting requirements of this act prior to the effective date of withdrawal.
763          D. Nothing contained in this Compact shall be construed to invalidate or prevent any
764     audiology or speech-language pathology licensure agreement or other cooperative arrangement
765     between a member state and a non-member state that does not conflict with the provisions of
766     this Compact.
767          E. This Compact may be amended by the member states. No amendment to this
768     Compact shall become effective and binding upon any member state until it is enacted into the
769     laws of all member states.

770          SECTION 13. CONSTRUCTION AND SEVERABILITY
771          This Compact shall be liberally construed so as to effectuate the purposes thereof. The
772     provisions of this Compact shall be severable and if any phrase, clause, sentence or provision
773     of this Compact is declared to be contrary to the constitution of any member state or of the
774     United States or the applicability thereof to any government, agency, person or circumstance is
775     held invalid, the validity of the remainder of this Compact and the applicability thereof to any
776     government, agency, person or circumstance shall not be affected thereby. If this Compact shall
777     be held contrary to the constitution of any member state, the Compact shall remain in full force
778     and effect as to the remaining member states and in full force and effect as to the member state
779     affected as to all severable matters.
780          SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
781          A. Nothing herein prevents the enforcement of any other law of a member state that is
782     not inconsistent with the Compact.
783          B. All laws in a member state in conflict with the Compact are superseded to the extent
784     of the conflict.
785          C. All lawful actions of the Commission, including all rules and bylaws promulgated by
786     the Commission, are binding upon the member states.
787          D. All agreements between the Commission and the member states are binding in
788     accordance with their terms.
789          E. In the event any provision of the Compact exceeds the constitutional limits imposed
790     on the Legislature of any member state, the provision shall be ineffective to the extent of the
791     conflict with the constitutional provision in question in that member state.
792          Section 5. Section 58-41a-103 is enacted to read:
793          58-41a-103. Rulemaking authority.
794          The division may make rules in accordance with Title 63G, Chapter 3, Utah
795     Administrative Rulemaking Act, to implement Section 58-41a-102.