1 SB130
2 209220-3
3 By Senator Coleman-Madison
4 RFD: Veterans and Military Affairs
5 First Read: 02-FEB-21
6 PFD: 02/01/2021
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1 SB130
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4 ENROLLED, An Act,
5 Relating to the practice of audiology and
6 speech-language pathology; to provide and adopt the Audiology
7 and Speech-Language Pathology Interstate Compact to allow
8 interstate practice by licensed audiologists and
9 speech-language therapists among party states; to authorize
10 regulatory authorities in party states to legally recognize,
11 in a manner consistent with terms of the compact, audiologists
12 and speech-language therapists licensed within those states;
13 to authorize regulatory authorities in party states to legally
14 recognize, in a manner consistent with terms of the compact,
15 audiologists and speech-language therapists licensed within
16 those states; to provide eligibility requirements for licensed
17 audiologists and speech-language therapists to practice
18 pursuant to the compact; to provide for a coordinated database
19 and reporting system; to provide for investigations and
20 disciplinary actions; to establish the Audiology and
21 Speech-Language Pathology Compact Commission and provide for
22 membership, powers, and duties, including rulemaking
23 authority; and to provide for enforcement of the compact,
24 dispute resolution, and withdrawal of party states.
25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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1 Section 1. PURPOSE.
2 The purpose of this compact is to facilitate
3 interstate practice of audiology and speech-language pathology
4 with the goal of improving public access to audiology and
5 speech-language pathology services. The practice of audiology
6 and speech-language pathology occurs in the state where the
7 patient, client, or student is located at the time of the
8 patient, client, or student encounter. This compact preserves
9 the regulatory authority of states to protect public health
10 and safety through the current system of state licensure. This
11 compact is designed to achieve the following objectives:
12 (1) Increase public access to audiology and
13 speech-language pathology services by providing for the mutual
14 recognition of other member state licenses.
15 (2) Enhance the states' ability to protect the
16 public's health and safety.
17 (3) Encourage the cooperation of member states in
18 regulating multistate audiology and speech-language pathology
19 practice.
20 (4) Support spouses of relocating active duty
21 military personnel.
22 (5) Enhance the exchange of licensure,
23 investigative, and disciplinary information between member
24 states.
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1 (6) Allow a remote state to hold a provider of
2 services with a compact privilege in that state accountable to
3 that state's practice standards.
4 (7) Allow for the use of telehealth technology to
5 facilitate increased access to audiology and speech-language
6 pathology services.
7 Section 2. DEFINITIONS.
8 As used in this compact, and except as otherwise
9 provided, the following terms have the following meanings:
10 (1) ACTIVE DUTY MILITARY. Full-time duty status in
11 the active uniformed service of the United States, including
12 members of the National Guard and Reserve on active duty
13 orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
14 (2) ADVERSE ACTION. Any administrative, civil,
15 equitable, or criminal action permitted by a state's laws
16 which is imposed by a licensing board or other authority
17 against an audiologist or speech-language pathologist,
18 including actions against an individual's license or privilege
19 to practice such as revocation, suspension, probation,
20 monitoring of the licensee, or restriction on the licensee's
21 practice.
22 (3) ALTERNATIVE PROGRAM. A non-disciplinary
23 monitoring process approved by an audiology or speech-language
24 pathology licensing board to address impaired practitioners.
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1 (4) AUDIOLOGIST. An individual who is licensed by a
2 state to practice audiology.
3 (5) AUDIOLOGY. The care and services provided by a
4 licensed audiologist as set forth in the member state's laws
5 and rules.
6 (6) AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT
7 COMMISSION or COMMISSION. The national administrative body
8 whose membership consists of all states that have enacted this
9 compact.
10 (7) AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
11 LICENSING BOARD, AUDIOLOGY LICENSING BOARD, SPEECH-LANGUAGE
12 PATHOLOGY LICENSING BOARD, or LICENSING BOARD. The agency of a
13 state that is responsible for the licensing and regulation of
14 audiologists or speech-language pathologists, or both, which
15 in Alabama is the Alabama Board of Examiners for
16 Speech-Language Pathology and Audiology.
17 (8) COMPACT PRIVILEGE. The authorization granted by
18 a remote state to allow a licensee from another member state
19 to practice as an audiologist or speech-language pathologist
20 in the remote state under its laws and rules. The practice of
21 audiology or speech-language pathology occurs in the member
22 state where the patient, client, or student is located at the
23 time of the patient, client, or student encounter.
24 (9) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
25 Investigative information that a licensing board, after an
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1 inquiry or investigation that includes notification and an
2 opportunity for the audiologist or speech-language pathologist
3 to respond, if required by state law, has reason to believe is
4 not groundless and, if proved true, would indicate more than a
5 minor infraction.
6 (10) DATA SYSTEM. A repository of information about
7 licensees, including, but not limited to, continuing
8 education, examination, licensure, investigative, compact
9 privilege, and adverse action.
10 (11) ENCUMBERED LICENSE. A license in which an
11 adverse action restricts the practice of audiology or
12 speech-language pathology by the licensee and the adverse
13 action has been reported to the National Practitioners Data
14 Bank (NPDB).
15 (12) EXECUTIVE COMMITTEE. A group of directors
16 elected or appointed to act on behalf of, and within the
17 powers granted to them by, the commission.
18 (13) HOME STATE. The member state that is the
19 licensee's primary state of residence.
20 (14) IMPAIRED PRACTITIONER. An individual whose
21 professional practice is adversely affected by substance
22 abuse, addiction, or other health-related conditions.
23 (15) LICENSEE. An individual who currently holds an
24 authorization from a state licensing board to practice as an
25 audiologist or speech-language pathologist.
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1 (16) MEMBER STATE. A state that has enacted this
2 compact.
3 (17) PRIVILEGE TO PRACTICE. A legal authorization
4 permitting the practice of audiology or speech-language
5 pathology in a remote state.
6 (18) REMOTE STATE. A member state other than the
7 home state where a licensee is exercising or seeking to
8 exercise the compact privilege.
9 (19) RULE. A regulation, principle, or directive
10 adopted by the commission that has the force of law.
11 (20) SINGLE-STATE LICENSE. An audiology or
12 speech-language pathology license issued by a member state
13 that authorizes practice only within the issuing state and
14 does not include a privilege to practice in any other member
15 state.
16 (21) SPEECH-LANGUAGE PATHOLOGIST. An individual who
17 is licensed by a state to practice speech-language pathology.
18 (22) SPEECH-LANGUAGE PATHOLOGY. The care and
19 services provided by a licensed speech-language pathologist as
20 set forth in the member state's laws and rules.
21 (23) STATE. Any state, commonwealth, district, or
22 territory of the United States of America that regulates the
23 practice of audiology and speech-language pathology.
24 (24) STATE PRACTICE LAWS. A member state's laws,
25 rules and regulations that govern the practice of audiology or
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1 speech-language pathology, define the scope of audiology or
2 speech-language pathology practice, and create the methods and
3 grounds for imposing discipline.
4 (25) TELEHEALTH. The application of
5 telecommunication, audio-visual, or other technologies that
6 meets the applicable standard of care to deliver audiology or
7 speech-language pathology services at a distance for
8 assessment, intervention, or consultation.
9 Section 3. STATE PARTICIPATION IN THE COMPACT.
10 (a) A license issued to an audiologist or
11 speech-language pathologist by a home state to a resident in
12 that state shall be recognized by each member state as
13 authorizing an audiologist or speech-language pathologist to
14 practice audiology or speech-language pathology, under a
15 privilege to practice, in the member state where the licensee
16 obtains this privilege.
17 (b)(1) A state shall implement or use procedures for
18 considering the criminal history records of applicants for
19 initial privilege to practice. These procedures shall include
20 the submission of fingerprints or other biometric-based
21 information by applicants for the purpose of obtaining an
22 applicant's criminal history record information from the
23 Federal Bureau of Investigation and the agency responsible for
24 retaining that state's criminal records.
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1 (2) A member state shall fully implement a criminal
2 background check requirement, within a time frame established
3 by rule, by receiving the results of the Federal Bureau of
4 Investigation record search on criminal background checks and
5 using the results in making licensure decisions.
6 (3) Communication between a member state, the
7 commission, and among member states regarding the verification
8 of eligibility for licensure through this compact may not
9 include any information received from the Federal Bureau of
10 Investigation relating to a federal criminal records check
11 performed by a member state under Public Law 92-544.
12 (c) Upon application for a privilege to practice,
13 the licensing board in the issuing remote state shall
14 ascertain, through the data system, whether the applicant has
15 ever held, or is the holder of, a license issued by any other
16 state, whether there are any encumbrances on any license or
17 privilege to practice held by the applicant, and whether any
18 adverse action has been taken against any license or privilege
19 to practice held by the applicant.
20 (d) Each member state shall require an applicant to
21 obtain or retain a license in the home state and meet the home
22 state's qualifications for licensure or renewal of licensure,
23 as well as, all other applicable state laws.
24 (e) An audiologist must meet all of the following
25 qualifications:
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1 (1) One of the following educational requirements:
2 a. On or before, December 31, 2007, the applicant
3 graduated with a master's degree or doctorate in audiology, or
4 equivalent degree regardless of degree name, from a program
5 that is accredited by an accrediting agency recognized by the
6 Council for Higher Education Accreditation, or its successor,
7 or by the United States Department of Education and operated
8 by a college or university accredited by a regional or
9 national accrediting organization recognized by the board.
10 b. On or after, January 1, 2008, the applicant
11 graduated with a Doctoral degree in audiology, or equivalent
12 degree, regardless of degree name, from a program that is
13 accredited by an accrediting agency recognized by the Council
14 for Higher Education Accreditation, or its successor, or by
15 the United States Department of Education and operated by a
16 college or university accredited by a regional or national
17 accrediting organization recognized by the board.
18 c. The applicant graduated from an audiology program
19 that is housed in an institution of higher education outside
20 of the United States: 1. for which the program and institution
21 have been approved by the authorized accrediting body in the
22 applicable country; and 2. the degree program has been
23 verified by an independent credentials review agency to be
24 comparable to a state licensing board-approved program.
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1 (2) Completed a supervised clinical practicum
2 experience from an accredited educational institution or its
3 cooperating programs as required by the commission.
4 (3) Successfully passed a national examination
5 approved by the commission.
6 (4) Holds an active, unencumbered license.
7 (5) Has not been convicted or found guilty, and has
8 not entered into an agreed disposition, of a felony related to
9 the practice of audiology under applicable state or federal
10 criminal law.
11 (6) Has a valid United States Social Security or
12 National Practitioner Identification number.
13 (f) A speech-language pathologist must meet all of
14 the following qualifications:
15 (1) One of the following educational requirements:
16 a. The applicant graduated with a master's degree
17 from a speech-language pathology program that is accredited by
18 an organization recognized by the United States Department of
19 Education and operated by a college or university accredited
20 by a regional or national accrediting organization recognized
21 by the board.
22 b. The applicant graduated from a speech-language
23 pathology program that is housed in an institution of higher
24 education outside of the United States: 1. for which the
25 program and institution have been approved by the authorized
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1 accrediting body in the applicable country; and 2. the degree
2 program has been verified by an independent credentials review
3 agency to be comparable to a state licensing board-approved
4 program.
5 (2) Completed a supervised clinical practicum
6 experience from an educational institution or its cooperating
7 programs as required by the commission.
8 (3) Completed a supervised postgraduate professional
9 experience as required by the commission.
10 (4) Successfully passed a national examination
11 approved by the commission.
12 (5) Holds an active, unencumbered license.
13 (6) Has not been convicted or found guilty, and has
14 not entered into an agreed disposition, of a felony related to
15 the practice of speech-language pathology under applicable
16 state or federal criminal law.
17 (7) Has a valid United States Social Security or
18 National Practitioner Identification number.
19 (g) The privilege to practice is derived from the
20 home state license.
21 (h) An audiologist or speech-language pathologist
22 practicing in a member state shall comply with the state
23 practice laws of the state in which the client is located at
24 the time service is provided. The practice of audiology and
25 speech-language pathology shall include all audiology and
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1 speech-language pathology practice as defined by the state
2 practice laws of the member state in which the client is
3 located. The practice of audiology and speech-language
4 pathology in a member state under a privilege to practice
5 shall subject an audiologist or speech-language pathologist to
6 the jurisdiction of the licensing board, the courts, and the
7 laws of the member state in which the client is located at the
8 time service is provided.
9 (i) Individuals not residing in a member state shall
10 continue to be able to apply for a member state's single-state
11 license as provided under the laws of each member state.
12 However, the single-state license granted to these individuals
13 shall not be recognized as granting the privilege to practice
14 audiology or speech-language pathology in any other member
15 state. Nothing in this compact shall affect the requirements
16 established by a member state for the issuance of a
17 single-state license.
18 (j) Member states may charge a fee for granting a
19 compact privilege.
20