Florida Senate - 2024 SB 1498



By Senator Wright





8-01598-24 20241498__
1 A bill to be entitled
2 An act relating to the Practice of Audiology and
3 Speech-language Pathology Interstate Compact; creating
4 s. 468.1335, F.S.; enacting the Practice of Audiology
5 and Speech-language Pathology Interstate Compact;
6 providing a purpose and objectives; providing
7 construction; defining terms; specifying requirements
8 for state participation in the compact and duties of
9 member states; specifying requirements for a privilege
10 to practice in member states; providing that a
11 privilege to practice is derived from the home state
12 license; specifying the parameters of practice for
13 audiologists and speech-language pathologists
14 practicing in member states; specifying that the
15 compact does not affect an individual’s ability to
16 apply for, and a member state’s ability to grant, a
17 single-state license pursuant to the laws of that
18 state; providing construction; specifying criteria a
19 licensee must meet to exercise compact privilege;
20 specifying that a licensee may hold a home state
21 license in only one member state at a time; specifying
22 requirements and procedures for changing a home state
23 license designation; providing for the expiration and
24 renewal of compact privilege; specifying that a
25 licensee with compact privilege in a remote state must
26 adhere to the laws and rules of that state;
27 authorizing member states to act on a licensee’s
28 compact privilege under certain circumstances;
29 specifying the consequences and parameters of practice
30 for a licensee whose compact privilege has been acted
31 on or whose home state license is encumbered;
32 providing for the recognition of the practice of
33 audiology or speech-language pathology through
34 telehealth in member states; authorizing certain
35 active duty military personnel or their spouses to
36 keep their home state designation during active duty;
37 specifying how such individuals may subsequently
38 change their home state license designation;
39 authorizing remote states to take adverse action
40 against a licensee’s privilege to practice and issue
41 subpoenas for hearings and investigations under
42 certain circumstances; providing for the enforcement
43 of subpoenas issued by remote states; requiring the
44 remote state to pay for certain associated costs and
45 fees; providing requirements and procedures for taking
46 adverse action; authorizing remote states to recover
47 costs of investigations and disposition of cases under
48 certain circumstances; authorizing member states to
49 engage in joint investigations under certain
50 circumstances; providing that a licensee’s compact
51 privilege must be deactivated in all member states for
52 the duration of an encumbrance imposed by the
53 licensee’s home state; requiring home state
54 disciplinary orders imposing adverse action to include
55 a certain statement; providing for notice to the
56 commission’s data system and the licensee’s home state
57 of any adverse action taken against a licensee;
58 providing construction; establishing the Audiology and
59 Speech-language Pathology Interstate Compact
60 Commission; providing for jurisdiction and venue for
61 court proceedings; providing construction; providing
62 for membership, voting, and meetings of the
63 commission; specifying the commission’s powers and
64 duties; providing for election and membership of an
65 executive committee; providing duties and
66 responsibilities of the executive committee; providing
67 requirements for meetings of the commission; requiring
68 the commission to keep minutes of the meetings;
69 providing requirements for the minutes; providing for
70 the financing of the commission; providing for annual
71 audits of the commission; providing specified
72 individuals immunity from civil liability under
73 certain circumstances; providing construction;
74 requiring the commission to defend such individuals in
75 civil actions under certain circumstances; requiring
76 the commission to indemnify and hold harmless
77 specified individuals for any settlement or judgment
78 obtained in such actions under certain circumstances;
79 providing for the development of a data system;
80 providing reporting procedures; providing for the
81 exchange of specified information between member
82 states; requiring the commission to notify member
83 states of any adverse action taken against a licensee
84 or applicant for licensure; authorizing member states
85 to designate as confidential information provided to
86 the data system; requiring the commission to remove
87 information from the data system under certain
88 circumstances; providing rulemaking procedures for the
89 commission, including public notice and hearing
90 requirements; providing emergency rulemaking
91 procedures; providing procedures for rule revisions
92 that are technical in nature; providing for member
93 state dispute resolution and enforcement of the
94 compact; providing procedures and venue for the
95 commission to initiate legal actions to enforce the
96 compact; providing for injunctive relief and damages;
97 providing for costs and attorney fees; providing
98 construction; providing that the compact becomes
99 effective and binding upon enactment of the compact by
100 10 states; providing for initial rulemaking to
101 implement the compact; providing that states that join
102 the compact after adoption of the initial rules are
103 subject to such rules; providing procedures for
104 withdrawal from the compact; providing construction;
105 providing for amendment of the compact; providing
106 construction and for severability; specifying that the
107 compact and commission actions, rules, and agreements
108 are binding on member states; providing an effective
109 date.
110
111 Be It Enacted by the Legislature of the State of Florida:
112
113 Section 1. Section 468.1335, Florida Statutes, is created
114 to read:
115 468.1335 Practice of Audiology and Speech-language
116 Pathology Interstate Compact.—The Practice of Audiology and
117 Speech-language Pathology Interstate Compact is hereby enacted
118 into law and entered into by this state with all other states
119 legally joining therein in the form substantially as follows:
120
121 ARTICLE I
122 PURPOSE
123
124 (1) The purpose of this compact is to facilitate the
125 interstate practice of audiology and speech-language pathology
126 with the goal of improving public access to audiology and
127 speech-language pathology services.
128 (2) The practice of audiology and speech-language pathology
129 occurs in the state where the patient, client, or student is
130 located at the time the services are provided.
131 (3) The compact preserves the regulatory authority of
132 states to protect the public health and safety through the
133 current system of state licensure.
134 (4) This compact is designed to achieve all of the
135 following objectives:
136 (a) Increase public access to audiology and speech-language
137 pathology services by providing for the mutual recognition of
138 other member state licenses.
139 (b) Enhance the ability of member states to protect public
140 health and safety.
141 (c) Encourage the cooperation of member states in
142 regulating multistate audiology and speech-language pathology
143 practices.
144 (d) Support spouses of relocating active duty military
145 personnel.
146 (e) Enhance the exchange of licensure, investigative, and
147 disciplinary information between member states.
148 (f) Allow a remote state to hold a licensee with compact
149 privilege in that state accountable to that state’s practice
150 standards.
151 (g) Allow for the use of telehealth technology to
152 facilitate increased access to audiology and speech-language
153 pathology services.
154
155 ARTICLE II
156 DEFINITIONS
157
158 (1) As used in this section, the term:
159 (2) “Active duty military” means full-time duty status in
160 the active uniformed service of the United States, including
161 members of the National Guard and Reserve on active duty orders
162 pursuant to 10 U.S.C. chapters 1209 and 1211.
163 (3) “Adverse action” means any administrative, civil,
164 equitable, or criminal action permitted by a state’s laws which
165 is imposed by a licensing board against a licensee, including
166 actions against an individual’s license or privilege to
167 practice, such as revocation, suspension, probation, monitoring
168 of the licensee, or restriction on the licensee’s practice.
169 (4) “Alternative program” means a nondisciplinary
170 monitoring process approved by an audiology licensing board or a
171 speech-language pathology licensing board to address impaired
172 licensees.
173 (5) “Audiologist” means an individual who is licensed by a
174 state to practice audiology.
175 (6) “Audiology” means the care and services provided by a
176 licensed audiologist as provided in the member state’s rules and
177 regulations.
178 (7) “Audiology and Speech-language Pathology Interstate
179 Compact Commission” or “commission” means the national
180 administrative body whose membership consists of all states that
181 have enacted the compact.
182 (8) “Audiology licensing board” means the agency of a state
183 that is responsible for the licensing and regulation of
184 audiologists.
185 (9) “Compact privilege” means the authorization granted by
186 a remote state to allow a licensee from another member state to
187 practice as an audiologist or speech-language pathologist in the
188 remote state under its rules and regulations. The practice of
189 audiology or speech-language pathology occurs in the member
190 state where the patient, client, or student is located at the
191 time the services are provided.
192 (10) “Data system” means a repository of information
193 relating to licensees, including, but not limited to, continuing
194 education, examination, licensure, investigative, compact
195 privilege, and adverse action information.
196 (11) “Encumbered license” means a license in which an
197 adverse action restricts the practice of audiology or speech
198 language pathology by the licensee and the adverse action has
199 been reported to the National Practitioner Data Bank (NPDB).
200 (12) “Executive committee” means a group of directors
201 elected or appointed to act on behalf of, and within the powers
202 granted to them by, the commission.
203 (13) “Home state” means the member state that is the
204 licensee’s primary state of residence.
205 (14) “Impaired licensee” means a licensee whose
206 professional practice is adversely affected by substance abuse,
207 addiction, or other health-related conditions.
208 (15) “Investigative information,” means information that a
209 licensing board, after an inquiry or investigation that includes
210 notification and an opportunity for the audiologist or speech
211 language pathologist to respond, if required by state law, has
212 reason to believe is not groundless and, if proved true, would
213 indicate more than a minor infraction.
214 (16) “Licensee” means a person who is licensed by his or
215 her home state to practice as an audiologist or speech-language
216 pathologist.
217 (17) “Licensing board” means the agency of a member state
218 which is responsible for the licensing and regulation of
219 audiologists or speech-language pathologists.
220 (18) “Member state” means a state that has enacted the
221 compact.
222 (19) “Privilege to practice” means an authorization
223 permitting the practice of audiology or speech-language
224 pathology in a remote state.
225 (20) “Remote state” means a member state other than the
226 home state where a licensee is exercising or seeking to exercise
227 his or her compact privilege.
228 (21) “Rule” means a regulation, principle, or directive
229 adopted by the commission which has the force of law.
230 (22) “Single-state license” means an audiology or speech
231 language pathology license issued by a member state which
232 authorizes practice only within the issuing state and does not
233 include a privilege to practice in any other member state.
234 (23) “Speech-language pathologist” means an individual who
235 is licensed to practice speech-language pathology.
236 (24) “Speech-language pathology” means the care and
237 services provided by a licensed speech-language pathologist as
238 provided in the member state’s rules and regulations.
239 (25) “Speech-language pathology licensing board” means the
240 agency of a member state which is responsible for the licensing
241 and regulation of speech-language pathologists.
242 (26) “State” means any state, commonwealth, district, or
243 territory of the United States of America that regulates the
244 practice of audiology and speech-language pathology.
245 (27) “State practice laws” means a member state’s laws,
246 rules, and regulations that govern the practice of audiology or
247 speech-language pathology, define the scope of audiology or
248 speech-language pathology practice, and create the methods and
249 grounds for imposing discipline.
250 (28) “Telehealth” means the application of
251 telecommunication technology to deliver audiology or speech
252 language pathology services at a distance for assessment,
253 intervention, or consultation.
254
255 ARTICLE III
256 STATE PARTICIPATION
257
258 (1) A license issued to an audiologist or speech-language
259 pathologist by a home state to a resident in that state must be
260 recognized by each member state as authorizing an audiologist or
261 speech-language pathologist to practice audiology or speech
262 language pathology, under a privilege to practice, in each
263 member state.
264 (2) A member state must implement and utilize procedures
265 for considering the criminal history records of applicants for
266 initial privilege to practice. These procedures must include the
267 submission of fingerprints or other biometric-based information
268 by applicants for the purpose of obtaining an applicant’s
269 criminal history records from the Federal Bureau of
270 Investigation and the agency responsible for retaining that
271 state’s criminal history records.
272 (a) A member state must fully implement and utilize a
273 criminal history records check procedure, within a timeframe
274 established by rule, that requires the member state to receive
275 an applicant’s criminal history records from the Federal Bureau
276 of Investigation and the agency responsible for retaining the
277 member state’s criminal history records and use such records in
278 making licensure decisions.
279 (b) Communication between a member state, the commission,
280 and other member states regarding the verification of
281 eligibility for licensure through the compact may not include
282 any information received from the Federal Bureau of
283 Investigation relating to a criminal history records check
284 performed by a member state under Pub. L. No. 92-544.
285 (3) Upon application for a privilege to practice, the
286 licensing board in the issuing remote state shall ascertain,
287 through the data system, whether the applicant has ever held, or
288 is the holder of, a license issued by any other state, whether
289 there are any encumbrances on any license or privilege to
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