Bill Summary – FastDemocracy

Enrolled Copy                                                                    H.B. 161
               AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
                                 INTERSTATE COMPACT
                                    2020 GENERAL SESSION
                                       STATE OF UTAH
                            Chief Sponsor: Derrin R. Owens
                             Senate Sponsor: Evan J. Vickers
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 LONG TITLE
 General Description:
       This bill enacts the Audiology and Speech-Language Pathology Interstate Compact.
 Highlighted Provisions:
       This bill:
       < enacts the Audiology and Speech-Language Pathology Interstate Compact with
 amendments;
       < authorizes the Division of Occupational and Professional Licensing to make rules to
 implement the Audiology and Speech-Language Pathology Interstate Compact; and
       < makes technical and conforming changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       None
 Utah Code Sections Affected:
 AMENDS:
       58-41-2, as last amended by Laws of Utah 2017, Chapter 43
       58-41-3, as last amended by Laws of Utah 1989, Chapter 207
 ENACTS:
       58-41a-101, Utah Code Annotated 1953
       58-41a-102, Utah Code Annotated 1953
       H.B. 161
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        58-41a-103, Utah Code Annotated 1953
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 58-41-2 is amended to read:
        58-41-2. Definitions.
        In addition to the definitions in Section 58-1-102, as used in this chapter:
        (1) "ASHA" means the American Speech-Language-Hearing Association.
        (2) "Association" means the Utah Speech-Language-Hearing Association.
        (3) "Audiologist" means a person who practices audiology or who holds himself out to
 the public directly or indirectly by any means, act, title, identification, performance, method, or
 procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses,
 diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected
 by or suspected of having disorders of or conditions of hearing loss, or assists persons in
 achieving the reception, communication, and perception of sound and determines the range,
 nature, and degree of hearing function related to communication needs, or provides audiology
 services and uses audio electronic equipment and provides audiology services and consultation
 regarding noise control and hearing conservation, conducts tests and interpretation of vestibular
 function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories,
 prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and
 calibrates instruments used in testing and supplementing auditory function. A person is
 deemed to be an audiologist if [he] the person directly or indirectly provides or offers to
 provide these services or functions set forth in Subsection (4) or any related function.
        (4) "Audiology" means the application of principles, methods, and procedures, and
 measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing,
 consulting, treating, instructing, and researching, which is related to hearing, vestibular
 function, and the disorders of hearing, to related language and speech disorders and to aberrant
 behavior related to hearing loss or vestibular function, for the purpose of preventing and
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       Enrolled Copy                                                                           H.B. 161
 modifying disorders related to hearing loss or vestibular function, and planning, directing,
 managing, conducting, and participating in hearing conservation, evoked potentials evaluation,
 nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation
 programs, including hearing aid evaluation, assistive listening device evaluation, prescription,
 preparation, and dispensing, and auditory training and lip reading.
        (5) "Audiology aide" means an individual who:
        (a) meets the minimum qualifications established by the board for audiology aides.
 Those qualifications shall be substantial but less than those established by this chapter for
 licensing an audiologist;
        (b) does not act independently; and
        (c) works under the personal direction and direct supervision of a licensed audiologist
 who accepts responsibility for the acts and performance of that audiology aide under this
 chapter.
        (6) "Board" means the Speech-language Pathology and Audiology Licensing Board
 created under Section 58-41-6.
        (7) "CCC" means the certificate of clinical competence awarded by the American
 Speech-Language-Hearing Association.
        (8) "CFY" means the clinical fellowship year prescribed by ASHA.
        (9) "Disorder" means the condition of decreased, absent, or impaired auditory, speech,
 voice, or language function.
        (10) "Hearing aid dealer" means one who sells, repairs, and adjusts hearing aids.
        (11) "Licensed audiologist" means any individual to whom a license has been issued
 under this chapter or Chapter 41a, Audiology and Speech-Language Pathology Interstate
 Compact, if [that] the license is in force and has not been suspended or revoked.
        (12) "Licensed speech-language pathologist" means any individual licensed under this
 chapter [whose] or Chapter 41a, Audiology and Speech-Language Pathology Interstate
 Compact, if the license is in force and has not been suspended or revoked.
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        (13) "Person" means any individual, group, organization, partnership, or corporate
 body, except that only an individual may be licensed under this chapter.
        (14) "Practice of audiology" means rendering or offering to render to individuals,
 groups, agencies, organizations, industries, or the public any performance or service in
 audiology.
        (15) "Practice of speech-language pathology" means rendering, prescribing, or offering
 to render to individuals, groups, agencies, organizations, industries or the public any service in
 speech-language pathology.
        (16) "Prescribe" means to:
        (a) determine, specify, and give the directions, procedures, or rules for a person to
 follow in determining and ordering the preparation, delivery, and use of specific mechanical,
 acoustic, or electronic aids to hearing or speech; and
        (b) determine or designate a remedy for a person.
        (17) "Prescription" means a written or oral order for the delivery or execution of that
 which has been prescribed.
        (18) "Speech-language pathologist" means:
        (a) a person who practices speech-language pathology or who holds himself out to the
 public by any means, or by any service or function [he] the person performs, directly or
 indirectly, or by using the terms "speech-language pathologist," "speech-language therapist,"
 "language disability specialist," or any variation, derivation, synonym, coinage, or whatever
 expresses, employs, or implies these terms, names, or functions; or
        (b) a person who performs any of the functions described in Subsection (19) or any
 related functions.
        (19) "Speech-language pathology" means the application of principles, methods, and
 procedures for the examination, measurement, prevention, testing, identification, evaluation,
 diagnosis, treatment, instruction, modification, prescription, restoration, counseling,
 habilitation, prediction, management, and research related to the development and the disorders
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        Enrolled Copy                                                                            H.B. 161
 or disabilities of human communication, speech, voice, language, cognitive communication, or
 oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying,
 evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or
 modifying those disorders and their effects in individuals or groups of individuals.
         (20) "Speech-language pathology aide" means an individual who:
         (a) meets the minimum qualifications established by the board for speech-language
 pathology aides. Those qualifications shall be substantial but less than those established by this
 chapter for licensing a speech-language pathologist;
         (b) does not act independently; and
         (c) works under the personal direction and direct supervision of a licensed
 speech-language pathologist who accepts the responsibility for the acts and performances of
 that speech-language pathology aide while working under this chapter.
         (21) "Treatment" means the services of a speech-language pathologist or audiologist to
 examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior,
 or their effects.
         (22) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
 defined by rule includes:
         (a) failing to maintain a level of professional practice consistent with all initial and
 subsequent requirements by which a license is achieved or maintained under this chapter;
         (b) utilizing substandard or inappropriate facilities or equipment;
         (c) treating any disorder for which the licensee has not had the necessary training and
 experience; or
         (d) failing to comply with the requirements of Section 58-41-17.
         Section 2. Section 58-41-3 is amended to read:
         58-41-3. Scope of licenses -- Practicing without license prohibited.
         (1) Licensing shall be granted independently either in speech-language pathology or
 audiology. A person shall be licensed in one or both areas when [he] the person meets the
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        H.B. 161
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 respective qualifications.
        (2) [No] Except as provided in Section 58-41-4, no person may practice, represent
 [himself] themselves to be, consult, or perform as a speech-language pathologist or audiologist
 in this state unless [he] the person is licensed in accordance with:
        (a) this chapter[.]; or
        (b) Chapter 41a, Audiology and Speech-Language Pathology Interstate Compact.
        Section 3. Section 58-41a-101 is enacted to read:
           CHAPTER 41a. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
                                       INTERSTATE COMPACT
        58-41a-101. Title.
        This chapter is known as the "Audiology and Speech-Language Pathology Interstate
 Compact."
        Section 4. Section 58-41a-102 is enacted to read:
        58-41a-102. Audiology and Speech-Language Pathology Interstate Compact.
        AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE
 COMPACT
        SECTION 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/student is located at the time of the
 patient/client/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;
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        Enrolled Copy                                                                          H.B. 161
         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.
         SECTION 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. Section 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 non-disciplinary 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
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 that have enacted the Compact.
        G. “Audiology and speech-language pathology licensing board,” “audiology licensing
 board,” “speech-language pathology licensing board,” or “licensing board” means the agency
 of a state that is responsible for the licensing and regulation of audiologists and/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/student is
 located at the time of the patient/client/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 said adverse action has
 been reported to the National Practitioners Data Bank (NPDB).
        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 individuals whose professional practice is adversely
 affected by substance abuse, addiction, or other health-related conditions.
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        Enrolled Copy                                                                        H.B. 161
        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