LB14 LB14
2021 2021
LEGISLATIVE BILL 14
Approved by the Governor March 31, 2021
Introduced by Blood, 3; Hilkemann, 4; Day, 49; Murman, 38; Vargas, 7.
A BILL FOR AN ACT relating to audiology and speech-language pathology; to amend sections 38-513, 38-515, and 38-520, Reissue Revised Statutes of Nebraska,
and sections 38-518 and 38-1509, Revised Statutes Cumulative Supplement,
2020; to adopt the Audiology and Speech-Language Pathology Interstate Compact; to change provisions of the Uniform Credentialing Act, the Audiology and Speech-Language Pathology Practice Act, and the Hearing Instrument Specialists Practice Act as prescribed; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 38-513, Reissue Revised Statutes of Nebraska, is amended to read:
38-513 Nothing in the Audiology and Speech-Language Pathology Practice Act shall be construed to prevent or restrict (1) a qualified person licensed in
this state from engaging in the profession for which he or she is licensed if
he or she does not present himself or herself to be an audiologist or speech-
language pathologist or (2) the performance of audiology or speech-language pathology services in this state by any person not a resident of this state who is not licensed either under the act or in a member state of the Audiology and Speech-Language Pathology Interstate Compact, if (a) such services are performed for not more than thirty days in any calendar year, (b) if such person meets the qualifications and requirements for application for licensure under the act, (c) if such person is working under the supervision of a person licensed in Nebraska to practice speech-language pathology or audiology or
under the supervision of a person licensed in a member state practicing speech-
language pathology or audiology in Nebraska under the compact privilege, and
(d) if such person registers with the board prior to initiation of professional services.
Sec. 2. Section 38-515, Reissue Revised Statutes of Nebraska, is amended to read:
38-515 (1) Every applicant for a license to practice audiology shall (a)
(i) for applicants graduating prior to September 1, 2007, present proof of a master's degree, a doctoral degree, or the equivalent of a master's degree or
doctoral degree in audiology from an academic program approved by the board,
and (ii) for applicants graduating on or after September 1, 2007, present proof of a doctoral degree or its equivalent in audiology, (b) present proof of no less than thirty-six weeks of full-time professional experience or equivalent half-time professional experience in audiology, supervised in the area in which licensure is sought, and (c) successfully complete an examination approved by
the board.
(2) Every applicant for a license to practice speech-language pathology shall (a) present proof of a master's degree, a doctoral degree, or the equivalent of a master's degree or doctoral degree in speech-language pathology from an academic program approved by the board, (b) present proof of no less than thirty-six weeks of full-time professional experience or equivalent half-
time professional experience in speech-language pathology, supervised in the area in which licensure is sought, and (c) successfully complete an examination approved by the board.
(3) Presentation of official documentation of certification by a nationwide professional accrediting organization approved by the board shall be
deemed equivalent to the requirements of this section.
(4) Every applicant for a privilege to practice audiology or speech-
language pathology under the Audiology and Speech-Language Pathology Interstate Compact shall present proof of authorization from a member state, as defined in
section 6 of this act, to practice as an audiologist or speech-language pathologist.
Sec. 3. Section 38-518, Revised Statutes Cumulative Supplement, 2020, is amended to read:
38-518 A temporary license to practice audiology or speech-language pathology may be granted to:
(1) A military spouse to military spouses as provided in section
38-129.01; or
(2) A person who establishes to persons who establish residence in
Nebraska, or a person who is a resident of a member state of the Audiology and Speech-Language Pathology Interstate Compact, if such person: and
(a) Meets who meet all the requirements for a license except passage of
the examination required by section 38-515, which temporary license shall be
valid only until the date on which the results of the next licensure examination are available to the department and shall not be renewed; , or
(b) Meets who meet all the requirements for a license except completion of
the professional experience required by section 38-515, which temporary license shall be valid only until the sooner of completion of such professional experience or eighteen months and shall not be renewed.
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Sec. 4. Section 38-520, Reissue Revised Statutes of Nebraska, is amended to read:
38-520 (1) The department, with the recommendation of the board, shall approve an application submitted by an audiologist or speech-language pathologist for supervision of an audiology or speech-language pathology assistant when:
(a) The audiology or speech-language pathology assistant meets the requirements for registration pursuant to section 38-519;
(b) The audiologist or speech-language pathologist has a valid Nebraska license or a privilege to practice audiology or speech-language pathology under the Audiology and Speech-Language Pathology Interstate Compact; and
(c) The audiologist or speech-language pathologist practices in Nebraska.
(2) Any audiologist or speech-language pathologist seeking approval for supervision of an audiology or speech-language pathology assistant shall submit an application which is signed by the audiology or speech-language pathology assistant and the audiologist or speech-language pathologist with whom he or she is associated. Such application shall (a) identify the settings within which the audiology or speech-language pathology assistant is authorized to
practice, (b) describe the agreed-upon functions that the audiology or speech-
language pathology assistant may perform as provided in section 38-523, and (c)
describe the provision for supervision by an alternate audiologist or speech-
language pathologist when necessary.
(3) If the supervision of an audiology or speech-language pathology assistant is terminated by the audiologist, speech-language pathologist, or audiology or speech-language pathology assistant, the audiologist or speech-
language pathologist shall notify the department of such termination. An audiologist or speech-language pathologist who thereafter assumes the responsibility for such supervision shall obtain a certificate of approval to
supervise an audiology or speech-language pathology assistant from the department prior to the use of the audiology or speech-language pathology assistant in the practice of audiology or speech-language pathology.
Sec. 5. Section 38-1509, Revised Statutes Cumulative Supplement, 2020, is amended to read:
38-1509 (1) Except as otherwise provided in this section, no person shall engage in the sale of or practice of fitting hearing instruments or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting and sale or dispensing of hearing instruments unless he or she holds an unsuspended, unrevoked hearing instrument specialist license issued by the department as provided in the Hearing Instrument Specialists Practice Act. A hearing instrument specialist license shall confer upon the holder the right to select, fit, and sell hearing instruments. A person holding
a license issued under the act prior to August 30, 2009, may continue to
practice under such license until it expires under the terms of the license.
(2) A licensed audiologist who maintains a practice pursuant to (a)
licensure as an audiologist, or (b) a privilege to practice audiology under the Audiology and Speech-Language Pathology Interstate Compact, in which hearing instruments are regularly dispensed, or who intends to maintain such a practice, shall be exempt from the requirement to be licensed as a hearing instrument specialist.
(3) Nothing in the act shall prohibit a corporation, partnership, limited liability company, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or
offering for sale hearing instruments at retail without a license if it employs only properly licensed natural persons in the direct sale and fitting of such products.
(4) Nothing in the act shall prohibit the holder of a hearing instrument specialist license from the fitting and sale of wearable instruments or devices designed for or offered for the purpose of conservation or protection of
hearing.
Sec. 6. The State of Nebraska adopts the Audiology and Speech-Language Pathology Interstate Compact in the form substantially as follows:
Article 1 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:
(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
(2) Enhance the states' ability to protect the public's health and safety;
(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;
(4) Support spouses of relocating active duty military personnel;
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states;
(6) 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
(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
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Article 2 DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
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. Chapters 1209 and 1211.
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.
C. Alternative program means a nondisciplinary monitoring process approved by an audiology or 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 member 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 states that have enacted the Compact.
G. Audiology and speech-language pathology licensing board, audiology licensing board, speech-language pathology licensing board, or licensing board each 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 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.
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, but not limited to, continuing education, examination, licensure,
investigative, compact privilege, and adverse action.
K. Encumbered license means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and such 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 the 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.
Y. Telehealth means the application of telecommunication technology to
deliver audiology or speech-language pathology services at a distance for assessment, intervention, or consultation.
Article 3 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
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audiology or speech-language pathology, under a privilege to practice, in each member state.
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.
1. A member state must fully implement a criminal background check requirement, within a timeframe 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.
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, or 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, as well as all other applicable state laws.
E. For an audiologist:
1. Must meet one of the following educational requirements:
a. On or before December 31, 2007, has 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 univers