68th Legislature SB 214.1
1 SENATE BILL NO. 214
2 INTRODUCED BY E. MCCLAFFERTY, D. HAWK, S. WEBBER, M. FOX, J. GROSS, W. CURDY, S. O'BRIEN,
3 E. BOLDMAN, C. POPE, J. ELLIS, P. FLOWERS, R. LYNCH, D. HAYMAN, M. DUNWELL, S. MORIGEAU, D.
4 SALOMON, R. TEMPEL, M. LANG, J. LYNCH, D. HARVEY, T. VERMEIRE
5
6 A BILL FOR AN ACT ENTITLED: “AN ACT ENACTING THE AUDIOLOGY AND SPEECH-LANGUAGE
7 PATHOLOGY INTERSTATE COMPACT; PROVIDING FOR CRIMINAL BACKGROUND CHECKS OF
8 APPLICANTS; AND AMENDING SECTIONS 37-15-202 AND 37-15-314, MCA.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 NEW SECTION. Section 1. Enactment -- provisions. The Audiology and Speech-Language
13 Pathology Interstate Compact is enacted into law and entered into with all other jurisdictions joining in the
14 compact in the form substantially as follows:
15 SECTION 1
16 PURPOSE
17 The purpose of this compact is to facilitate interstate practice of audiology and speech-language
18 pathology with the goal of improving public access to audiology and speech-language pathology services. The
19 practice of audiology and speech-language pathology occurs in the state where the patient/client/student is
20 located at the time of the patient/client/student encounter. The compact preserves the regulatory authority of
21 states to protect public health and safety through the current system of state licensure.
22 This compact is designed to achieve the following objectives:
23 (1) increase public access to audiology and speech-language pathology services by providing for
24 the mutual recognition of other member state licenses;
25 (2) enhance the states' ability to protect the public's health and safety;
26 (3) encourage the cooperation of member states in regulating multistate audiology and speech-
27 language pathology practice;
28 (4) support spouses of relocating active-duty military personnel;
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1 (5) enhance the exchange of licensure, investigative, and disciplinary information between
2 member states;
3 (6) allow a remote state to hold a provider of services with a compact privilege in that state
4 accountable to that state's practice standards; and
5 (7) allow for the use of telehealth technology to facilitate increased access to audiology and
6 speech-language pathology services.
7 SECTION 2
8 DEFINITIONS
9 As used in this compact, and except as otherwise provided, the following definitions apply:
10 (1) "Active-duty military" means full-time duty status in the active uniformed service of the United
11 States, including members of the national guard and reserve on active duty orders pursuant to Title 10, chapter
12 1209 and 1211, of the United States Code.
13 (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a
14 state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language
15 pathologist, including actions against an individual's license or privilege to practice, such as revocation,
16 suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.
17 (3) "Alternative program" means a nondisciplinary monitoring process approved by an audiology or
18 speech-language pathology licensing board to address impaired practitioners.
19 (4) "Audiologist" means an individual who is licensed by a state to practice audiology.
20 (5) "Audiology" means the care and services provided by a licensed audiologist as set forth in the
21 member state's statutes and rules.
22 (6) "Audiology and speech-language pathology compact commission" or "commission" means the
23 national administrative body whose membership consists of all states that have enacted the compact.
24 (7) "Audiology and speech-language pathology licensing board", "audiology licensing board",
25 "speech-language pathology licensing board", or "licensing board" means the agency of a state that is
26 responsible for the licensing and regulation of audiologists and/or speech-language pathologists.
27 (8) "Compact privilege" means the authorization granted by a remote state to allow a licensee from
28 another member state to practice as an audiologist or speech-language pathologist in the remote state under its
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1 laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the
2 patient/client/student is located at the time of the patient/client/student encounter.
3 (9) "Current significant investigative information" means investigative information that a licensing
4 board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or
5 speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if
6 proved true, would indicate more than a minor infraction.
7 (10) "Data system" means a repository of information about licensees, including but not limited to
8 continuing education, examination, licensure, investigative, compact privilege, and adverse action.
9 (11) "Encumbered license" means a license in which an adverse action restricts the practice of
10 audiology or speech-language pathology by the licensee and said adverse action has been reported to the
11 national practitioner data bank (NPDB).
12 (12) "Executive committee" means a group of directors elected or appointed to act on behalf of, and
13 within the powers granted to them by, the commission.
14 (13) "Home state" means the member state that is the licensee's primary state of residence.
15 (14) "Impaired practitioner" means individuals whose professional practice is adversely affected by
16 substance abuse, addiction, or other health-related conditions.
17 (15) "Licensee" means an individual who currently holds an authorization from the state licensing
18 board to practice as an audiologist or speech-language pathologist.
19 (16) "Member state" means a state that has enacted the compact.
20 (17) "Privilege to practice" means a legal authorization permitting the practice of audiology or
21 speech-language pathology in a remote state.
22 (18) "Remote state" means a member state other than the home state where a licensee is
23 exercising or seeking to exercise the compact privilege.
24 (19) "Rule" means a regulation, principle, or directive promulgated by the commission that has the
25 force of law.
26 (20) "Single-state license" means an audiology or speech-language pathology license issued by a
27 member state that authorizes practice only within the issuing state and does not include a privilege to practice
28 in any other member state.
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1 (21) "Speech-language pathologist" means an individual who is licensed by a state to practice
2 speech-language pathology.
3 (22) "Speech-language pathology" means the care and services provided by a licensed speech-
4 language pathologist as set forth in the member state's statutes and rules.
5 (23) "State" means any state, commonwealth, district, or territory of the United States of America
6 that regulates the practice of audiology and speech-language pathology.
7 (24) "State practice laws" means a member state's laws, rules, and regulations that govern the
8 practice of audiology or speech-language pathology, define the scope of audiology or speech-language
9 pathology practice, and create the methods and grounds for imposing discipline.
10 (25) "Telehealth" means the application of telecommunication technology to deliver audiology or
11 speech-language pathology services at a distance for assessment, intervention, and/or consultation.
12 SECTION 3
13 STATE PARTICIPATION IN THE COMPACT
14 (1) A license issued to an audiologist or speech-language pathologist by a home state to a
15 resident in that state must be recognized by each member state as authorizing an audiologist or speech-
16 language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each
17 member state.
18 (2) A state shall implement or utilize procedures for considering the criminal history records of
19 applicants for initial privilege to practice. These procedures must include the submission of fingerprints or other
20 biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record
21 information from the federal bureau of investigation and the agency responsible for retaining that state’s
22 criminal records.
23 (a) A member state shall fully implement a criminal background check requirement, within a time
24 frame established by rule, by receiving the results of the federal bureau of investigation record search on
25 criminal background checks and use the results in making licensure decisions.
26 (b) Communication between a member state, the commission, and among member states
27 regarding the verification of eligibility for licensure through the compact may not include any information
28 received from the federal bureau of investigation relating to a federal criminal records check performed by a
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1 member state under Public Law 92-544.
2 (3) Upon application for a privilege to practice, the licensing board in the issuing remote state shall
3 ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by
4 any other state, whether there are any encumbrances on any license or privilege to practice held by the
5 applicant, and whether any adverse action has been taken against any license or privilege to practice held by
6 the applicant.
7 (4) Each member state shall require an applicant to obtain or retain a license in the home state
8 and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable
9 state laws.
10 (5) For an audiologist:
11 (a) must meet one of the following educational requirements:
12 (i) on or before December 31, 2007, has graduated with a master's degree or doctorate in
13 audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting
14 agency recognized by the council for higher education accreditation, or its successor, or by the United States
15 department of education and operated by a college or university accredited by a regional or national accrediting
16 organization recognized by the board; or
17 (ii) on or after January 1, 2008, has graduated with a doctoral degree in audiology, or equivalent
18 degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by
19 the council for higher education accreditation, or its successor, or by the United States department of education
20 and operated by a college or university accredited by a regional or national accrediting organization recognized
21 by the board; or
22 (iii) has graduated from an audiology program that is housed in an institution of higher education
23 outside of the United States:
24 (A) for which the program and institution have been approved by the authorized accrediting body in
25 the applicable country; and
26 (B) the degree program has been verified by an independent credentials review agency to be
27 comparable to a state licensing board-approved program;
28 (b) has completed a supervised clinical practicum experience from an accredited educational
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1 institution or its cooperating programs as required by the commission;
2 (c) has successfully passed a national examination approved by the commission;
3 (d) holds an active, unencumbered license;
4 (e) has not been convicted or found guilty, and has not entered into an agreed disposition, of a
5 felony related to the practice of audiology, under applicable state or federal criminal law;
6 (f) has a valid United States social security or national practitioner identification number.
7 (6) For a speech-language pathologist:
8 (a) must meet one of the following educational requirements:
9 (i) has graduated with a master’s degree from a speech-language pathology program that is
10 accredited by an organization recognized by the United States department of education and operated by a
11 college or university accredited by a regional or national accrediting organization recognized by the board; or
12 (ii) has graduated from a speech-language pathology program that is housed in an institution of
13 higher education outside of the United States:
14 (A) for which the program and institution have been approved by the authorized accrediting body in
15 the applicable country; and
16 (B) the degree program has been verified by an independent credentials review agency to be
17 comparable to a state licensing board-approved program;
18 (b) has completed a supervised clinical practicum experience from an educational institution or its
19 cooperating programs as required by the commission;
20 (c) has completed a supervised postgraduate professional experience as required by the
21 commission;
22 (d) has successfully passed a national examination approved by the commission;
23 (e) holds an active, unencumbered license;
24 (f) has not been convicted or found guilty, and has not entered into an agreed disposition, of a
25 felony related to the practice of speech-language pathology, under applicable state or federal criminal law;
26 (g) has a valid United States social security or national practitioner identification number.
27 (7) The privilege to practice is derived from the home state license.
28 (8) An audiologist or speech-language pathologist practicing in a member state shall comply with
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1 the state practice laws of the state in which the client is located at the time service is provided. The practice of
2 audiology and speech-language pathology must include all audiology and speech-language pathology practice
3 as defined by the state practice laws of the member state in which the client is located. The practice of
4 audiology and speech-language pathology in a member state under a privilege to practice must subject an
5 audiologist or speech language pathologist to the jurisdiction of the licensing board, the courts, and the laws of
6 the member state in which the client is located at the time service is provided.
7 (9) Individuals not residing in a member state must continue to be able to apply for a member
8 state's single-state license as provided under the laws of each member state. However, the single-state license
9 granted to these individuals may not be recognized as granting the privilege to practice audiology or speech-
10 language pathology in any other member state. Nothing in this compact may affect the requirements
11 established by a member state for the issuance of a single-state license.
12 (10) Member states may charge a fee for granting a compact privilege.
13 (11) Member states shall comply with the bylaws and rules and regulations of the commission.
14 SECTION 4
15