A bill for an act
relating to health occupations; creating an audiology and speech-language pathology
interstate compact; authorizing the commissioner of health to release certain data;
amending Minnesota Statutes 2022, section 144.051, subdivision 6; proposing
coding for new law in Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 144.051, subdivision 6, is amended to read:


Subd. 6.

Release of private or confidential data.

For providers regulated pursuant to
sections 144A.43 to 144A.482new text begin , 148.5185,new text end and chapter 144G, the department may release
private or confidential data, except Social Security numbers, to the appropriate state, federal,
or local agency and law enforcement office to enhance investigative or enforcement efforts
or further a public health protective process. Types of offices include Adult Protective
Services, Office of the Ombudsman for Long-Term Care and Office of the Ombudsman for
Mental Health and Developmental Disabilities, the health licensing boards, Department of
Human Services, county or city attorney's offices, police, and local or county public health
offices.

Sec. 2.

new text begin [148.5185] AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
INTERSTATE COMPACT.
new text end

new text begin The Audiology and Speech-Language Pathology Interstate Compact is enacted into law
and entered into with all other jurisdictions legally joining in it in the form substantially
specified in this section.
new text end

new text begin ARTICLE 1. DEFINITIONS
new text end

new text begin As used in this compact, and except as otherwise provided, the following definitions
shall apply:
new text end

new text begin (A) "Active duty military" means full-time duty status in the active uniformed service
of the United States, including members of the National Guard and Reserve on active duty
orders pursuant to United States Code, title 10, sections 1209 and 1211.
new text end

new text begin (B) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing board or other authority against
an audiologist or speech-language pathologist, including actions against an individual's
license or privilege to practice such as revocation, suspension, probation, monitoring of the
licensee, or restriction on the licensee's practice.
new text end

new text begin (C) "Alternative program" means a non-disciplinary monitoring process approved by
an audiology or speech-language pathology licensing board to address impaired practitioners.
new text end

new text begin (D) "Audiologist" means an individual who is licensed by a state to practice audiology.
new text end

new text begin (E) "Audiology" means the care and services provided by a licensed audiologist as set
forth in the member state's statutes and rules.
new text end

new text begin (F) "Audiology and Speech-Language Pathology Compact Commission" or "commission"
means the national administrative body whose membership consists of all states that have
enacted the compact.
new text end

new text begin (G) "Audiology and speech-language pathology licensing board," "audiology licensing
board," "speech-language pathology licensing board," or "licensing board" means the agency
of a state that is responsible for the licensing and regulation of audiologists or
speech-language pathologists or both.
new text end

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

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

new text begin (J) "Data system" means a repository of information about licensees, including but not
limited to continuing education, examination, licensure, investigation, compact privilege,
and adverse action.
new text end

new text begin (K) "Encumbered license" means a license in which an adverse action restricts the
practice of audiology or speech-language pathology by the licensee and said adverse action
has been reported to the National Practitioners Data Bank (NPDB).
new text end

new text begin (L) "Executive committee" means a group of directors elected or appointed to act on
behalf of, and within the powers granted to them by, the commission.
new text end

new text begin (M) "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin (N) "Impaired practitioner" means individuals whose professional practice is adversely
affected by substance abuse, addiction, or other health-related conditions.
new text end

new text begin (O) "Licensee" means an individual who currently holds an authorization from the state
licensing board to practice as an audiologist or speech-language pathologist.
new text end

new text begin (P) "Member state" means a state that has enacted the compact.
new text end

new text begin (Q) "Privilege to practice" means a legal authorization permitting the practice of audiology
or speech-language pathology in a remote state.
new text end

new text begin (R) "Remote state" means a member state other than the home state where a licensee is
exercising or seeking to exercise the compact privilege.
new text end

new text begin (S) "Rule" means a regulation, principle, or directive promulgated by the commission
that has the force of law.
new text end

new text begin (T) "Single-state license" means an audiology or speech-language pathology license
issued by a member state that authorizes practice only within the issuing state and does not
include a privilege to practice in any other member state.
new text end

new text begin (U) "Speech-language pathologist" means an individual who is licensed by a state to
practice speech-language pathology.
new text end

new text begin (V) "Speech-language pathology" means the care and services provided by a licensed
speech-language pathologist as set forth in the member state's statutes and rules.
new text end

new text begin (W) "State" means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of audiology and speech-language pathology.
new text end

new text begin (X) "State practice laws" means a member state's laws, rules, and regulations that govern
the practice of audiology or speech-language pathology, define the scope of audiology or
speech-language pathology practice, and create the methods and grounds for imposing
discipline.
new text end

new text begin (Y) "Telehealth" means the application of telecommunication technology to deliver
audiology or speech-language pathology services at a distance for assessment, intervention,
or consultation.
new text end

new text begin ARTICLE 2. STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (A) A license issued to an audiologist or speech-language pathologist by a home state
to a resident in that state shall be recognized by each member state as authorizing an
audiologist or speech-language pathologist to practice audiology or speech-language
pathology, under a privilege to practice, in each member state.
new text end

new text begin (B) A state must implement or utilize procedures for considering the criminal history
records of applicants for initial privilege to practice. These procedures shall include the
submission of fingerprints or other biometric-based information by applicants for the purpose
of obtaining an applicant's criminal history record information from the Federal Bureau of
Investigation and the agency responsible for retaining that state's criminal records.
new text end

new text begin (1) A member state must fully implement a criminal background check requirement,
within a time frame established by rule, by receiving the results of the Federal Bureau of
Investigation record search on criminal background checks and use the results in making
licensure decisions.
new text end

new text begin (2) Communication between a member state and the commission and among member
states regarding the verification of eligibility for licensure through the compact shall not
include any information received from the Federal Bureau of Investigation relating to a
federal criminal records check performed by a member state under Public Law 92-544.
new text end

new text begin (C) Upon application for a privilege to practice, the licensing board in the issuing remote
state shall ascertain, through the data system, whether the applicant has ever held, or is the
holder of, a license issued by any other state, whether there are any encumbrances on any
license or privilege to practice held by the applicant, and whether any adverse action has
been taken against any license or privilege to practice held by the applicant.
new text end

new text begin (D) Each member state shall require an applicant to obtain or retain a license in the home
state and meet the home state's qualifications for licensure or renewal of licensure, as well
as all other applicable state laws.
new text end

new text begin (E) An audiologist must:
new text end

new text begin (1) meet one of the following educational requirements:
new text end

new text begin (i) on or before December 31,