House Study Bill 122 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CHAIRPERSON KAUFMANN)
A BILL FOR
1 An Act relating to the adoption of the audiology and speech
2 language pathology interstate compact.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 147E.1 Audiology and speech
2 language pathology interstate compact.
3 1. Purpose. The purpose of this compact is to facilitate
4 interstate practice of audiology and speech language pathology
5 with the goal of improving public access to audiology and
6 speech language pathology services. The practice of audiology
7 and speech language pathology occurs in the state where the
8 patient, client, or student is located at the time of the
9 patient, client, or student encounter. The compact preserves
10 the regulatory authority of states to protect public health and
11 safety through the current system of state licensure. This
12 compact is designed to achieve the following objectives:
13 a. Increase public access to audiology and speech language
14 pathology services by providing for the mutual recognition of
15 other member state licenses.
16 b. Enhance the states’ ability to protect the public’s
17 health and safety.
18 c. Encourage the cooperation of member states in regulating
19 multistate audiology and speech language pathology practice.
20 d. Support spouses of relocating active duty military
21 personnel.
22 e. Enhance the exchange of licensure, investigative, and
23 disciplinary information between member states.
24 f. Allow a remote state to hold a provider of services with
25 a compact privilege in that state accountable to that state’s
26 practice standards.
27 g. Allow for the use of telehealth technology to facilitate
28 increased access to audiology and speech language pathology
29 services.
30 2. Definitions. As used in this compact, and except as
31 otherwise provided, the following definitions shall apply:
32 a. “Active duty military” means full-time duty status in
33 the active uniformed service of the United States, including
34 members of the national guard and the reserves on active duty
35 orders pursuant to 10 U.S.C. §1209 and 10 U.S.C. §1211.
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1 b. “Adverse action” means any administrative, civil,
2 equitable, or criminal action permitted by a state’s laws which
3 is imposed by a licensing board or other authority against an
4 audiologist or speech language pathologist, including actions
5 against an individual’s license or privilege to practice
6 such as revocation, suspension, probation, monitoring of the
7 licensee, or restriction of the licensee’s practice.
8 c. “Alternative program” means a nondisciplinary monitoring
9 process approved by an audiology or speech language pathology
10 licensing board to address impaired practitioners.
11 d. “Audiologist” means an individual who is licensed by a
12 state to practice audiology.
13 e. “Audiology” means the care and services provided by
14 a licensed audiologist as set forth in the member state’s
15 statutes and rules.
16 f. “Audiology and speech language pathology compact
17 commission” or “commission” means the national administrative
18 body whose membership consists of all states that have enacted
19 the compact.
20 g. “Audiology and speech language pathology licensing board”,
21 “audiology licensing board”, “speech language pathology licensing
22 board”, or “licensing board” means the agency of a state that is
23 responsible for the licensing and regulation of audiologists or
24 speech language pathologists.
25 h. “Compact privilege” means the authorization granted by
26 a remote state to allow a licensee from another member state
27 to practice as an audiologist or speech language pathologist
28 in the remote state under its laws and rules. The practice of
29 audiology or speech language pathology occurs in the member
30 state where the patient, client, or student is located at the
31 time of the patient, client, or student encounter.
32 i. “Current significant investigative information” means
33 investigative information that a licensing board, after an
34 inquiry or investigation that includes notification and an
35 opportunity for the audiologist or speech language pathologist
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1 to respond, if required by state law, has reason to believe is
2 not groundless and, if proved true, would indicate more than a
3 minor infraction.
4 j. “Data system” means a repository of information about
5 licensees, including but not limited to continuing education,
6 examination, licensure, investigative, compact privilege, and
7 adverse action.
8 k. “Encumbered license” means a license in which an adverse
9 action restricts the practice of audiology or speech language
10 pathology by the licensee and said adverse action has been
11 reported to the national practitioners data bank.
12 l. “Executive committee” means a group of directors elected
13 or appointed to act on behalf of, and within the powers granted
14 to them by, the commission.
15 m. “Home state” means the member state that is the
16 licensee’s primary state of residence.
17 n. “Impaired practitioner” means an individual whose
18 professional practice is adversely affected by substance abuse,
19 addiction, or other health-related conditions.
20 o. “Licensee” means an individual who currently holds an
21 authorization from the state licensing board to practice as an
22 audiologist or speech language pathologist.
23 p. “Member state” means a state that has enacted the
24 compact.
25 q. “Privilege to practice” means a legal authorization
26 permitting the practice of audiology or speech language
27 pathology in a remote state.
28 r. “Remote state” means a member state, other than the home
29 state, where a licensee is exercising or seeking to exercise
30 the compact privilege.
31 s. “Rule” means a regulation, principle, or directive
32 promulgated by the commission that has the force of law.
33 t. “Single-state license” means an audiology or speech
34 language pathology license issued by a member state that
35 authorizes practice only within the issuing state and does not
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1 include a privilege to practice in any other member state.
2 u. “Speech language pathologist” means an individual who is
3 licensed by a state to practice speech language pathology.
4 v. “Speech language pathology” means the care and services
5 provided by a licensed speech language pathologist as set forth
6 in the member state’s statutes and rules.
7 w. “State” means any state, commonwealth, district, or
8 territory of the United States that regulates the practice of
9 audiology and speech language pathology.
10 x. “State practice laws” means a member state’s laws, rules,
11 and regulations that govern the practice of audiology or speech
12 language pathology, define the scope of audiology or speech
13 language pathology practice, and create the methods and grounds
14 for imposing discipline.
15 y. “Telehealth” means the application of telecommunication
16 technology to deliver audiology or speech language pathology
17 services at a distance for assessment, intervention, or
18 consultation.
19 3. State participation in the compact.
20 a. A license issued to an audiologist or speech language
21 pathologist by a home state to a resident in that state
22 shall be recognized by each member state as authorizing
23 an audiologist or speech language pathologist to practice
24 audiology or speech language pathology, under a privilege to
25 practice, in each member state.
26 b. A state must implement or utilize procedures for
27 considering the criminal history records of applicants for
28 initial privilege to practice. These procedures shall include
29 the submission of fingerprints or other biometric-based
30 information by applicants for the purpose of obtaining an
31 applicant’s criminal history record information from the
32 federal bureau of investigation and the agency responsible for
33 retaining that state’s criminal records.
34 (1) A member state must fully implement a criminal
35 background check requirement, within a time frame established
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1 by rule, by receiving the results of the federal bureau of
2 investigation record search on criminal background checks and
3 use the results in making licensure decisions.
4 (2) Communication between a member state, the commission,
5 and among member states regarding the verification of
6 eligibility for licensure through the compact shall not
7 include any information received from the federal bureau of
8 investigation relating to a federal criminal records check
9 performed by a member state under the Department of State,
10 Justice, and Commerce, the Judiciary, and Related Agencies
11 Appropriation Act, 1973, Pub. L. No. 92-544.
12 c. Upon application for a privilege to practice, the
13 licensing board in the issuing remote state shall ascertain,
14 through the data system, whether the applicant has ever held,
15 or is the holder of, a license issued by any other state,
16 whether there are any encumbrances on any license or privilege
17 to practice held by the applicant, and whether any adverse
18 action has been taken against any license or privilege to
19 practice held by the applicant.
20 d. Each member state shall require an applicant to obtain
21 or retain a license in the home state and meet the home state’s
22 qualifications for licensure or renewal of licensure as well as
23 all other applicable state laws.
24 e. For an audiologist:
25 (1) Must meet one of the following educational
26 requirements:
27 (a) On or before December 31, 2007, has graduated with a
28 master’s degree or doctorate in audiology, or equivalent degree
29 regardless of degree name, from a program that is accredited
30 by an accrediting agency recognized by the council for higher
31 education accreditation, or its successor, or by the United
32 States department of education and operated by a college or
33 university accredited by a regional or national accrediting
34 organization recognized by the board.
35 (b) On or after January 1, 2008, has graduated with a
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1 doctoral degree in audiology, or equivalent degree regardless
2 of degree name, from a program that is accredited by an
3 accrediting agency recognized by the council for higher
4 education accreditation, or its successor, or by the United
5 States department of education and operated by a college or
6 university accredited by a regional or national accrediting
7 organization recognized by the board.
8 (c) Has graduated from an audiology program that is housed
9 in an institution of higher education outside of the United
10 States for which the program and institution have been approved
11 by the authorized accrediting body in the applicable country
12 and the degree program has been verified by an independent
13 credentials review agency to be comparable to a state licensing
14 board-approved program.
15 (2) Has completed a supervised clinical practicum
16 experience from an accredited educational institution or its
17 cooperating programs as required by the board.
18 (3) Has successfully passed a national examination approved
19 by the commission.
20 (4) Holds an active, unencumbered license.
21 (5) Has not been convicted or found guilty, and has not
22 entered into an agreed disposition, of a felony related to
23 the practice of audiology, under applicable state or federal
24 criminal law.
25 (6) Has a valid United States social security or national
26 practitioner identification number.
27 f. For a speech language pathologist:
28 (1) Must meet one of the following educational
29 requirements:
30 (a) Has graduated with a master’s degree from a speech
31 language pathology program that is accredited by an
32 organization recognized by the United States department of
33 education and operated by a college or university accredited
34 by a regional or national accrediting organization recognized
35 by the board.
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1 (b) Has graduated from a speech language pathology program
2 that is housed in an institution of higher education outside
3 of the United States for which the program and institution
4 have been approved by the authorized accrediting body in the
5 applicable country and the degree program has been verified by
6 an independent credentials review agency to be comparable to a
7 state licensing board-approved program.
8 (2) Has completed a supervised clinical practicum
9 experience from an educational institution or its cooperating
10 programs as required by the commission.
11 (3) Has completed a supervised postgraduate professional
12 experience as required by the commission.
13 (4) Has successfully passed a national examination approved
14 by the commission.
15 (5) Holds an active, unencumbered license.
16 (6) Has not been convicted or found guilty, and has not
17 entered into an agreed disposition, of a felony related to the
18 practice of speech language pathology, under applicable state
19 or federal criminal law.
20 (7) Has a valid United States social security or national
21 practitioner identification number.
22 g. The privilege to practice is derived from the home state
23 license.
24 h. An audiologist or speech language pathologist practicing
25 in a member state must comply with the state practice laws of
26 the state in which the client is located at the time service
27 is provided. The practice of audiology and speech language
28 pathology shall include all audiology and speech language
29 pathology practice as defined by the state practice laws of the
30 member state in which the client is located. The practice of
31 audiology and speech language pathology in a member state under
32 a privilege to practice shall subject an audiologist or speech
33 language pathologist to the jurisdiction of the licensing board
34 and the courts and the laws of the member state in which the
35 client is located at the time service is provided.
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1 i. Individuals not residing in a member state shall continue
2 to be able to apply for a member state’s single-state license
3 as provided under the laws of each member state. However, the
4 single-state license granted to these individuals shall not be
5 recognized as granting the privilege to practice audiology or
6 speech language pathology in any other member state. Nothing
7 in this compact shall affect the requirements established by a
8 member state for the issuance of a single-state license.
9 j. Member states may charge a fee for granting a compact
10 privilege.
11 k. Member states must comply with the bylaws and rules and
12 regulations of the commission.
13 4. Compact privilege.
14 a. To exercise the compact privilege under the terms and
15 provisions of the compact, the audiologist or speech language
16 pathologist shall do all of the following:
17 (1) Hold an active license in the home state.
18 (2) Have no encumbrance on any state license.
19 (3) Be eligible for a compact privilege in any member state
20 in accordance with subsection 3.
21 (4) Have not had any adverse action against any license or
22 compact privilege within the previous two years from date of
23 application.
24 (5) Notify the commission that the licensee is seeking the
25 compact privilege within a remote state.
26 (6) Pay any applicable fees, including any state fee, for
27 the compact privilege.
28 (7) Report to the commission adverse action taken by any
29 nonmember state within thirty days from the date the adverse
30 action is taken.
31 b. For the purposes of the compact privilege, an audiologist
32 or speech language pathologist shall only hold