OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 252 Final Analysis
134 General Assembly
th
Click here for H.B. 2 52’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsors: Reps. White and Plummer
Effective date: September 30, 2021
Ef f ect iveDate:
Audra Tidball, Attorney UPDATED VERSION
SUMMARY
Enters Ohio as a party to the Audiology and Speech-Language Pathology Interstate
Compact, the purpose of which is to facilitate the interstate practice of audiology and
speech-language pathology and improve public access to audiology and speech-
language pathology services.
As a member of the Compact, requires Ohio to allow an audiologist or speech-language
pathologist licensed in another member state to practice in Ohio, subject to Ohio laws
and rules governing the practice of audiology and speech-language pathology.
Requires the State Speech and Hearing Professionals Board to select two individuals to
serve as delegates to the Audiology and Speech-Language Pathology Compact
Commission.
TABLE OF CONTENTS
Audiology and Speech-Language Pathology Interstate Compact................................................... 2
State participation in the Compact ............................................................................................. 3
Compact privilege........................................................................................................................ 4
Requirements to grant privilege............................................................................................. 4
Restrictions on home state license ........................................................................................ 5
Expiration................................................................................................................................ 5
Change in primary state of residence ......................................................................................... 5
This version updates the effective date.
July 2 0, 2021
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Active duty military ..................................................................................................................... 6
Telehealth .................................................................................................................................... 6
Adverse actions ........................................................................................................................... 6
Home state ............................................................................................................................. 6
Remote state .......................................................................................................................... 7
Member states generally........................................................................................................ 7
Audiology and Speech-Language Pathology Compact Commission............................................... 7
Powers and duties ....................................................................................................................... 7
Data system ................................................................................................................................. 8
Financing...................................................................................................................................... 9
Executive Committee .................................................................................................................. 9
Rulemaking ................................................................................................................................ 10
Qualified immunity, defense, and indemnification ...................................................................... 10
Dispute resolution......................................................................................................................... 10
Withdrawal and default ................................................................................................................ 10
Binding effect of Compact and other laws ................................................................................... 11
DETAILED ANALYSIS
Audiology and Speech-Language Pathology Interstate Compact
The Audiology and Speech-Language Pathology Interstate Compact is an agreement
between member states to increase public access to audiology and speech-language pathology
services by providing for the mutual recognition of other member state licenses. By April 2021,
the Compact had been enacted in ten states, thereby reaching the threshold for activation and
establishing the Audiology and Speech-Language Pathology Compact Commission. As of July 1,
2021, four more states (including Ohio) have enacted the Compact, with legislation pending in
eight additional states.1
The Compact distinguishes between a member state, home state, and remote state as
follows:2
A “member state” is a state that has enacted the Compact.
A “home state” is the member state that is the licensee’s primary state of residence.
1 Section 12 (“Section” references in this analysis are to the Compact, as enacted in R.C. 4753.17). See
also https://aslpcompact.com/.
2 Section 2.
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A “remote state” is a member state, other than the home state, where a licensee is
exercising or seeking to exercise the right to practice audiology or speech-language pathology
(referred to as the compact privilege, see below).
State participation in the Compact
All of the following requirements apply to a state’s participation in the Compact:3
A license issued to an audiologist or speech-language pathologist by a home state to a
resident in that state must be recognized by each member state as authorizing an
audiologist or speech-language pathologist to practice under the compact privilege in
each member state where the licensee obtains the privilege.
A state must implement or utilize procedures for considering the criminal history of
applicants, including the submission of fingerprints or other biometric-based
information.
Upon application, the licensing board in the issuing remote state must ascertain,
through the Commission’s data system, whether (1) the applicant has ever held or holds
a license issued by another state, (2) there are any encumbrances on any license or
privilege to practice held by the applicant, or (3) any adverse action has been taken
against any license or privilege to practice held by the applicant.
Each member state must require an applicant to obtain or retain a license in the home
state and meet the home state’s qualifications for licensure or renewal as well as all
other applicable state laws.
An audiologist or speech-language pathologist must (1) hold a graduate degree in their
respective field, (2) have completed supervised clinical practicum experience and, for
speech-language pathologists, supervised postgraduate professional experience,
(3) have passed a national examination approved by the Commission, (4) hold an active,
unencumbered license, (5) not have been convicted or found guilty of a felony related
to the practice of audiology or speech-language pathology, and (6) have a valid Social
Security number or national practitioner identification number.
The privilege to practice is derived from the home state license.
An audiologist or speech-language pathologist practicing in a member state must
comply with the state practice laws of the state in which the client is located at the time
service is provided.
Individuals not residing in a member state must continue to be able to apply for a
member state’s single-state license as provided under the laws of the member state.
3 Section 3.
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Member states must comply with the bylaws and rules and regulations of the
Commission.
Compact privilege
Compact privilege is defined in the Compact as legal 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.4 The Compact specifies that
the licensee, while practicing in a remote state, is subject to that state’s regulatory authority.5
For purposes of the privilege, an audiologist or speech-language pathologist must only hold one
home state license at a time.6
Under the Compact, the practice of audiology or speech-language pathology occurs in
the member state where the patient, client, or student is located and at the time of the patient,
client, or student encounter.7
Each member state is required to grant the compact privilege to a licensee holding an
active, unencumbered license in another member state, as set forth in the Compact. Member
states may charge a fee for granting the compact privilege. 8
Requirements to grant privilege
All of the following must be met for a licensee to exercise the compact privilege:
1. The licensee must hold an active license in the home state and have no encumbrance on
any state license;
2. The licensee must be eligible for a compact privilege in any member state;
3. The licensee must not have had any adverse action against any license or compact
privilege within the previous two years;
4. The licensee must notify the Audiology and Speech-Language Pathology Compact
Commission (see below) that the licensee is seeking the compact privilege within a
remote state;
5. The licensee must pay any applicable fees, including any state fee;
6. The licensee must report to the Commission any adverse action taken by a nonmember
state within 30 days of the date the action is taken. 9
4 Section 2.H.
5 Section 4.I.
6 Section 4.B.
7 Section 2.H.
8 Sections 3.J and 4.A.
9 Section 4.A.
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Restrictions on home state license
If a home state license is encumbered, the licensee will lose the compact privilege in any
remote state until both of the following occur: (1) the home state license is no longer limited
and (2) two years have elapsed from the date of the adverse action.
Once an encumbered license in a home state is restored to good standing, the licensee
must meet the requirements above (see “Requirements to grant privilege”) to obtain
the compact privilege in a remote state. 10
Expiration
The compact privilege is valid until the expiration date of the home license. The licensee
must comply with all of the requirements described above to maintain the compact privilege in
a remote state.11
Change in primary state of residence
Generally, if an audiologist or speech-language pathologist changes primary state of
residence by moving between two member states, the audiologist or speech-language
pathologist must apply for licensure in the new home state. The license issued by the prior
home state must be deactivated in accordance with applicable rules adopted by the
Commission.12
The audiologist or speech-language pathologist may apply for licensure in advance of a
change in primary state of residence. A license must not be issued by the new home state until
the audiologist or speech-language pathologist provides satisfactory evidence of a change in
primary state of residence to the new home state and satisfies all applicable requirements to
obtain a license from the new home state. 13
If an audiologist or speech-language pathologist changes primary state of residence by
moving from a member state to a nonmember state, the license issued by the prior home state
must be converted to a single-state license, valid only in the former home state and the
privilege to practice in any member state is deactivated in accordance with the rules
promulgated by the Commission. 14 For purposes of the Compact, a single-state license is
defined as a license issued by a member state that authorizes practice only within the iss uing
state and does not include a privilege to practice in any other member states. 15
10 Sections 4.J. and K.
11 Section 4.G.
12 Section 4.C.
13 Sections 4.D and 4.E.
14 Section 4.F.
15 Section 2.T.
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Active duty military
The Compact includes provisions specific to active duty military personnel and their
spouses. It requires the spouse or service member to designate a home state where the
individual has a current license in good standing. The individual may retain the home state
designation during the period the service member is on active duty. After designating a home
state, the individual must only change their home state through application for licensure in the
new home state.16
Telehealth
Member states are required to recognize the right of an audiologist or speech-language
pathologist, licensed in a home state, to practice in any member state via telehealth under the
compact privilege and rules promulgated by the Commission. 17 A licensee providing services in
a remote state under the compact privilege must practice within the laws and regulations of
the state where the patient or client is located.
Adverse actions
Adverse action is defined as 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 revocation, suspension, probation,
monitoring of the licensee, or restriction on the licensee’s practice.18
Home state
The Compact provides that only the home state has the power to take adverse action
against an audiologist’s or speech-language pathologist’s home state license. The home state
must give the same priority and effect to reported conduct received from a member state as it
would if the conduct had occurred in the home state. In doing so, the home state must apply its
own state laws to determine appropriate action.
The home state also must complete any pending investigations of an audiologist or
speech-language pathologist who changes primary state of residence during the course of the
investigations. The home state has the authority to take appropriate action and must promptly
report the conclusions of the investigations to the administrator of the Compact’s data system.
The administrator of the coordinated licensure information system must promptly notify the
new home state of any adverse actions. 19
16 Section 6.
17 Section 5.
18 Section 2.B.
19 Section 7.A.3, 7.B, and 7.C.
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Remote state
The Compact authorizes a remote state, in accordance with existing state due process
law, to take adverse action against an audiologist’s or speech-language pathologist’s privilege
to practice within that member state. In addition to imposing an adverse action ag ainst a
licensee’s compact privilege, a remote state may issue subpoenas for hearings and
investigations.20
Member states generally
Any member state may take adverse action against a licensee’s compact privilege in that
member state and, if it does, must notify the