HOUSE BILL 391

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Marian Matthews and Gail Armstrong and Tara Jaramillo and Elizabeth "Liz" Thomson

 

 

 

 

AN ACT

RELATING TO INTERGOVERNMENTAL AGREEMENTS; ENACTING THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Audiology and Speech-Language Pathology Interstate Compact".

     SECTION 2. [NEW MATERIAL] PURPOSE.--The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client or student is located at the time of the patient, client or student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:

          A. increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;

          B. enhance the states' ability to protect the public's health and safety;

          C. encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;

          D. support spouses of relocating active duty military personnel;

          E. enhance the exchange of licensure, investigative and disciplinary information among member states;

          F. allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and

          G. allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.

     SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Audiology and Speech-Language Pathology Interstate Compact and except as otherwise provided:

          A. "active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211;

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

          C. "alternative program" means a non-disciplinary monitoring process approved by an audiology and speech-language pathology licensing board to address impaired practitioners;

          D. "audiologist" means an individual who is licensed by a state to practice audiology;

          E. "audiology" means the care and services provided by a licensed audiologist as set forth in the state's statutes and rules;

          F. "audiology and speech-language pathology compact commission" or "commission" means the national administrative body whose membership consists of all member states;

          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;

          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 the remote state's 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;

          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;

          J. "data system" means a repository of information about licensees, including continuing education, examination, licensure, investigative information, compact privilege and adverse action;

          K. "encumbered license" means a license in which an adverse action restricts the practice of audiology and speech-language pathology by the licensee, and the adverse action has been reported to the national practitioner data bank;

          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;

          M. "home state" means the member state that is the licensee's primary state of residence;

          N. "impaired practitioner" means an individual whose professional practice is adversely affected by substance abuse, addiction or other health-related conditions;

          O. "licensee" means an individual who currently holds an authorization from a state licensing board to practice as an audiologist or speech-language pathologist;

          P. "member state" means a state that has enacted the compact;

          Q. "privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state;

          R. "remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege;

          S. "rule" means a regulation, principle or directive promulgated by the commission that has the force of law;

          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;

          U. "speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology;

          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;

          W. "state" means any state, commonwealth, district or territory of the United States that regulates the practice of audiology and speech-language pathology;

          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; and

          Y. "telehealth" means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention or consultation.

     SECTION 4. [NEW MATERIAL] STATE PARTICIPATION IN THE COMPACT.--

          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.

          B. A state shall 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 and shall meet the following requirements:

                (1) a member state shall 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 decision; and

                (2) communication between a member state, 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.

          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.

          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 and all other applicable state laws.

          E. An audiologist seeking privilege to practice shall:

                (1) meet one of the following educational requirements:

                     (a) on or before December 31, 2007, have graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board;

                     (b) on or after January 1, 2008, have graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or

                     (c) have graduated from an audiology program that is housed in an institution of higher education outside the United States for which: 1) the program and institution have been approved by the authorized accrediting body in the applicable country; and 2) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;

                (2) have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the board;

                (3) have successfully passed a national examination approved by the commission;

                (4) hold an active, unencumbered license;

                (5) have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and

                (6) have a valid United States social security number or national practitioner identification number.

          F. A speech-language pathologist seeking privilege to practice shall:

                (1) meet one of the following educational requirements:

                     (a) have graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or

                     (b) have graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States for which: 1) the program and institution have been approved by the authorized accrediting body in the applicable country; and 2) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;

                (2) have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission;

                (3) have completed a supervised post-graduate professional experience as required by the commission;

                (4) have successfully passed a national examination approved by the commission;

                (5)