F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 877 2023
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., creating the Practice of Audiology
5 and Speech-language Pathology Interstate Compact;
6 providing purposes, objectives, and definitions;
7 specifying requirements for state participation in the
8 compact and duties of member states; specifying that
9 the compact does not affect an individual's ability to
10 apply for, and a member state's ability to grant, a
11 single-state license pursuant to the laws of that
12 state; providing for recognition of compact privilege
13 in member states; specifying criteria a licensee must
14 meet for compact privilege; providing for the
15 expiration and renewal of compact privilege;
16 specifying that a licensee with compact privilege in a
17 remote state must adhere to the laws and rules of that
18 state; authorizing member states to act on a
19 licensee's compact privilege under certain
20 circumstances; specifying the consequences and
21 parameters of practice for a licensee whose compact
22 privilege has been acted on or whose home state
23 license is encumbered; specifying that a licensee may
24 hold a home state license in only one member state at
25 a time; specifying requirements and procedures for
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26 changing a home state license designation; providing
27 for the recognition of the practice of audiology or
28 speech-language pathology through telehealth in member
29 states; specifying that licensees must adhere to the
30 laws and rules of the remote state where they provide
31 audiology or speech-language pathology through
32 telehealth; authorizing active duty military personnel
33 or their spouses to keep their home state designation
34 during active duty; specifying how such individuals
35 may subsequently change their home state license
36 designation; authorizing member states to take adverse
37 actions against licensees and issue subpoenas for
38 hearings and investigations under certain
39 circumstances; providing requirements and procedures
40 for such adverse action; authorizing member states to
41 engage in joint investigations under certain
42 circumstances; providing that a licensee's compact
43 privilege must be deactivated in all member states for
44 the duration of an encumbrance imposed by the
45 licensee's home state; providing for notice to the
46 data system and the licensee's home state of any
47 adverse action taken against a licensee; establishing
48 the Audiology and Speech-language Pathology Interstate
49 Compact Commission; providing for jurisdiction and
50 venue for court proceedings; providing for membership
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51 and powers of the commission; specifying powers and
52 duties of the commission's executive committee;
53 providing for the financing of the commission;
54 providing specified individuals immunity from civil
55 liability under certain circumstances; providing
56 exceptions; requiring the commission to defend the
57 specified individuals in civil actions under certain
58 circumstances; requiring the commission to indemnify
59 and hold harmless specified individuals for any
60 settlement or judgment obtained in such actions under
61 certain circumstances; providing for the developmen t
62 of the data system, reporting procedures, and the
63 exchange of specified information between member
64 states; requiring the commission to notify member
65 states of any adverse action taken against a licensee
66 or applicant for licensure; authorizing member stat es
67 to designate as confidential information provided to
68 the data system; requiring the commission to remove
69 information from the data system under certain
70 circumstances; providing rulemaking procedures for the
71 commission; providing for member state enforcement of
72 the compact; authorizing the commission to receive
73 notice of process, and have standing to intervene, in
74 certain proceedings; rendering certain judgments and
75 orders void as to the commission, the compact, or
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76 commission rules under certain circumstances;
77 providing for defaults and termination of compact
78 membership; providing procedures for the resolution of
79 certain disputes; providing for commission enforcement
80 of the compact; providing for remedies; providing for
81 implementation of, withdrawal from, and amendment to
82 the compact; specifying that licensees practicing in a
83 remote state under the compact must adhere to the laws
84 and rules of that state; specifying that the compact,
85 commission rules, and commission actions are binding
86 on member states; providing construction; providing
87 for severability; providing an effective date.
88
89 Be It Enacted by the Legislature of the State of Florida:
90
91 Section 1. Section 468.1335, Florida Statutes, is created
92 to read:
93 468.1335 Practice of Audiology and Speech-language
94 Pathology Interstate Compact.—The Practice of Audiology and
95 Speech-language Pathology Interstate Compact is hereby enacted
96 into law and entered into by this state with all other states
97 legally joining therein in the form substantially as follows:
98
99 ARTICLE I
100 PURPOSE
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101
102 (1) The purpose of this compact is to facilitate the
103 interstate practice of audiology and speech-language pathology
104 with the goal of improving public access to audiology and
105 speech-language pathology services.
106 (2) The practice of audiology and speech-language
107 pathology occurs in the state where the patient, client, or
108 student is located at the time the services are provided.
109 (3) The compact preserves the regulatory authority of
110 states to protect public health and safety through the current
111 system of state licensure.
112 (4) This compact is designed to achieve all of the
113 following objectives:
114 (a) Increase public access to audiology and speech -
115 language pathology services by providing for the mutual
116 recognition of other member state licenses.
117 (b) Enhance the states' abilities to protect public health
118 and safety.
119 (c) Encourage the cooperation of member states in
120 regulating multistate audiology and speech-language pathology
121 practices.
122 (d) Support spouses of relocating active duty military
123 personnel.
124 (e) Enhance the exchange of licensure, investigative, and
125 disciplinary information between member states.
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126 (f) Allow a remote state to hold a licensee with compact
127 privilege in that state accountable to that state's practice
128 standards.
129 (g) Allow for the use of telehealth technology to
130 facilitate increased access to audiology and speech -language
131 pathology services.
132
133 ARTICLE II
134 DEFINITIONS
135
136 (1) As used in this section, the term:
137 (2) "Active duty military" means full time duty stat us in
138 the active uniformed service of the United States, including
139 members of the National Guard and Reserve on active duty orders
140 pursuant to 10 U.S.C. chapters 1209 and 1211.
141 (3) "Adverse action" means any administrative, civil,
142 equitable, or criminal action permitted by a state's laws which
143 is imposed by a licensing board against a licensee, including
144 actions against an individual's license or privilege to practice
145 such as revocation, suspension, probation, monitoring of the
146 licensee, or restriction on the licensee's practice.
147 (4) "Alternative program" means a nondisciplinary
148 monitoring process approved by an audiology licensing board or a
149 speech-language pathology licensing board to address impaired
150 licensees.
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151 (5) "Audiologist" means an individual who is licensed by a
152 state to practice audiology.
153 (6) "Audiology" means the care and services provided by a
154 licensed audiologist as provided in the member state's rules and
155 regulations.
156 (7) "Audiology and Speech-language Pathology Interstate
157 Compact Commission" or "commission" means the national
158 administrative body whose membership consists of all states that
159 have enacted the compact.
160 (8) "Audiology licensing board" means the agency of a
161 state that is responsible for the licensing and regulation of
162 audiologists.
163 (9) "Compact privilege" means the authorization granted by
164 a remote state to allow a licensee from another member state to
165 practice as an audiologist or speech-language pathologist in the
166 remote state under its rules and regulations. The practice of
167 audiology or speech-language pathology occurs in the member
168 state where the patient, client, or student is located at the
169 time the services are provided.
170 (10) "Data system" means a repository of information
171 relating to licensees, including, but not limited to, continuing
172 education, examination, licensure, investigative, compact
173 privilege, and adverse action information.
174 (11) "Encumbered license" means a license in which an
175 adverse action restricts the practice of audiology or speech -
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176 language pathology by the licensee and the adverse action has
177 been reported to the National Practitioner Data Bank (NPDB).
178 (12) "Executive committee" means a group of directors
179 elected or appointed to act on behalf of, and within the powers
180 granted to them by, the commission.
181 (13) "Home state" means the member state that is the
182 licensee's primary state of residence.
183 (14) "Impaired licensee" means a licensee whose
184 professional practice is adversely affected by substance abuse,
185 addiction, or other health-related conditions.
186 (15) "Investigative information," "investigative
187 materials," "investigative records," or "investigative reports"
188 means information that a licensing board, after an inquiry or
189 investigation that includes notification and an opportunity for
190 the audiologist or speech-language pathologist to respond, if
191 required by state law, has reason to believe is not groundless
192 and, if proved true, would indicate more than a minor
193 infraction.
194 (16) "Licensee" means a person who is licensed by his or
195 her home state to practice as an audiologist or speech-language
196 pathologist.
197 (17) "Licensing board" means the agency of a state that is
198 responsible for the licensing and regulation of audiologists or
199 speech-language pathologists.
200 (18) "Member state" means a state that has enacted the
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201 compact.
202 (19) "Privilege to practice" means an authorization
203 permitting the practice of audiology or speech-language
204 pathology in a remote state.
205 (20) "Remote state" means a member state other than the
206 home state where a licensee is exercising or seeking to exercise
207 his or her compact privilege.
208 (21) "Rule" means a regulation, principle, or directive
209 adopted by the commission that has the force of law.
210 (22) "Single-state license" means an audiology or speech-
211 language pathology license issued by a member state that
212 authorizes practice only within the issuing state and does not
213 include a privilege to practice in any other member state.
214 (23) "Speech-language pathologist" means an individual who
215 is licensed to practice speech-language pathology.
216 (24) "Speech-language pathology" means the care and
217 services provided by a licensed speech-language pathologist as
218 provided in the member state's rules and regulations.
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