BILL AS INTRODUCED S.76
2023 Page 1 of 39
1 S.76
2 Introduced by Senators Ram Hinsdale, Campion, Lyons and Vyhovsky
3 Referred to Committee on
4 Date:
5 Subject: Professions and occupations; Office of Professional Regulation;
6 speech-language pathologists; audiologists; interstate compact
7 Statement of purpose of bill as introduced: This bill proposes to adopt the
8 Audiology and Speech-Language Pathology Interstate Compact in Vermont.
9 An act relating to Vermont’s adoption of the Audiology and Speech-
10 Language Pathology Interstate Compact
11 It is hereby enacted by the General Assembly of the State of Vermont:
12 Sec. 1. 26 V.S.A. chapter 87 is amended to read:
13 CHAPTER 87. SPEECH-LANGUAGE PATHOLOGISTS
14 Subchapter 1. Vermont Single-State License
15 ***
16 Sec. 2. 26 V.S.A. chapter 87, subchapter 2 is added to read:
17 Subchapter 2. Privilege to Practice; Audiology and Speech-Language
18 Pathology Interstate Compact VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 2 of 39
1 § 4500. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
2 INTERSTATE COMPACT; ADOPTION
3 This subchapter is the Vermont adoption of the Audiology and Speech-
4 Language Pathology Interstate Compact. The form, format, and text of the
5 Compact have been conformed to the conventions of the Vermont Statutes
6 Annotated. It is the intent of the General Assembly that this subchapter be
7 interpreted as substantively the same as the Audiology and Speech-Language
8 Pathology Interstate Compact that is enacted by other Compact party states.
9 § 4501. PURPOSE
10 (a) The purpose of this Compact is to facilitate interstate practice of
11 audiology and speech-language pathology with the goal of improving public
12 access to audiology and speech-language pathology services. The practice of
13 audiology and speech-language pathology occurs in the state where the patient,
14 client, or student is located at the time of the patient, client, or student
15 encounter. The Compact preserves the regulatory authority of states to protect
16 public health and safety through the current system of state licensure.
17 (b) This Compact is designed to achieve the following objectives:
18 (1) increase public access to audiology and speech-language pathology
19 services by providing for the mutual recognition of other member state
20 licenses;
21 (2) enhance the states’ ability to protect the public’s health and safety;
VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 3 of 39
1 (3) encourage the cooperation of member states in regulating multistate
2 audiology and speech-language pathology practice;
3 (4) support spouses of relocating active duty military personnel;
4 (5) enhance the exchange of licensure, investigative, and disciplinary
5 information between member states;
6 (6) allow a remote state to hold a provider of services with a compact
7 privilege in that state accountable to that state’s practice standards; and
8 (7) allow for the use of telehealth technology to facilitate increased
9 access to audiology and speech-language pathology services.
10 § 4502. DEFINITIONS
11 As used in this Compact, and except as otherwise provided, the following
12 definitions shall apply:
13 (1) “Active duty military” means full-time duty status in the active
14 uniformed service of the United States, including members of the National
15 Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209
16 and 1211.
17 (2) “Adverse action” means any administrative, civil, equitable, or
18 criminal action permitted by a state’s laws that is imposed by a licensing board
19 or other authority against an audiologist or speech-language pathologist,
20 including actions against an individual’s license or privilege to practice such as
VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 4 of 39
1 revocation, suspension, probation, monitoring of the licensee, or restriction on
2 the licensee’s practice.
3 (3) “Alternative program” means a nondisciplinary monitoring process
4 approved by an audiology or speech-language pathology licensing board to
5 address impaired practitioners.
6 (4) “Audiologist” means an individual who is licensed by a state to
7 practice audiology.
8 (5) “Audiology” means the care and services provided by a licensed
9 audiologist as set forth in the member state’s statutes and rules.
10 (6) “Audiology and Speech-Language Pathology Compact
11 Commission” or “Commission” means the national administrative body whose
12 membership consists of all states that have enacted the Compact.
13 (7) “Audiology and speech-language pathology licensing board,”
14 “audiology licensing board,” “speech-language pathology licensing board,” or
15 “licensing board” means the agency of a state that is responsible for the
16 licensing and regulation of audiologists or speech-language pathologists, or
17 both.
18 (8) “Compact privilege” means the authorization granted by a remote
19 state to allow a licensee from another member state to practice as an
20 audiologist or speech-language pathologist in the remote state under its laws
21 and rules. The practice of audiology or speech-language pathology occurs in
VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 5 of 39
1 the member state where the patient, client, or student is located at the time of
2 the patient, client, or student encounter.
3 (9) “Current significant investigative information” means investigative
4 information that a licensing board, after an inquiry or investigation that
5 includes notification and an opportunity for the audiologist or speech-language
6 pathologist to respond, if required by state law, has reason to believe is not
7 groundless and, if proved true, would indicate more than a minor infraction.
8 (10) “Data system” means a repository of information about licensees,
9 including, but not limited to, continuing education, examination, licensure,
10 investigative, compact privilege, and adverse action.
11 (11) “Encumbered license” means a license in which an adverse action
12 restricts the practice of audiology or speech-language pathology by the
13 licensee and said adverse action has been reported to the National Practitioners
14 Data Bank (NPDB).
15 (12) “Executive Committee” means a group of directors elected or
16 appointed to act on behalf of, and within the powers granted to them by, the
17 Commission.
18 (13) “Home state” means the member state that is the licensee’s primary
19 state of residence.
VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 6 of 39
1 (14) “Impaired practitioner” means an individual whose professional
2 practice is adversely affected by substance abuse, addiction, or other health-
3 related conditions.
4 (15) “Licensee” means an individual who currently holds an
5 authorization from the state licensing board to practice as an audiologist or
6 speech-language pathologist.
7 (16) “Member state” means a state that has enacted the Compact.
8 (17) “Privilege to practice” means a legal authorization permitting the
9 practice of audiology or speech-language pathology in a remote state.
10 (18) “Remote state” means a member state other than the home state
11 where a licensee is exercising or seeking to exercise the compact privilege.
12 (19) “Rule” means a regulation, principle, or directive promulgated by
13 the Commission that has the force of law.
14 (20) “Single-state license” means an audiology or speech-language
15 pathology license issued by a member state that authorizes practice only within
16 the issuing state and does not include a privilege to practice in any other
17 member state.
18 (21) “Speech-language pathologist” means an individual who is licensed
19 by a state to practice speech-language pathology.
VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 7 of 39
1 (22) “Speech-language pathology” means the care and services provided
2 by a licensed speech-language pathologist as set forth in the member state’s
3 statutes and rules.
4 (23) “State” means any state, commonwealth, district, or territory of the
5 United States of America that regulates the practice of audiology and speech-
6 language pathology.
7 (24) “State practice laws” means a member state’s laws, rules, and
8 regulations that govern the practice of audiology or speech-language
9 pathology, define the scope of audiology or speech-language pathology
10 practice, and create the methods and grounds for imposing discipline.
11 (25) “Telehealth” means the application of telecommunication
12 technology to deliver audiology or speech-language pathology services at a
13 distance for assessment, intervention, and/or consultation.
14 § 4503. STATE PARTICIPATION IN THE COMPACT
15 (a) A license issued to an audiologist or speech-language pathologist by a
16 home state to a resident in that state shall be recognized by each member state
17 as authorizing an audiologist or speech-language pathologist to practice
18 audiology or speech-language pathology, under a privilege to practice, in each
19 member state.
20 (b) A state must implement or utilize procedures for considering the
21 criminal history records of applicants for initial privilege to practice. These VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 8 of 39
1 procedures shall include the submission of fingerprints or other biometric-
2 based information by applicants for the purpose of obtaining an applicant’s
3 criminal history record information from the Federal Bureau of Investigation
4 and the agency responsible for retaining that state’s criminal records.
5 (1) A member state must fully implement a criminal background check
6 requirement, within a time frame established by rule, by receiving the results
7 of the Federal Bureau of Investigation record search on criminal background
8 checks and use the results in making licensure decisions.
9 (2) Communication between a member state, the Commission, and
10 among member states regarding the verification of eligibility for licensure
11 through the Compact shall not include any information received from the
12 Federal Bureau of Investigation relating to a federal criminal records check
13 performed by a member state under Pub. L. No. 92-544.
14 (c) Upon application for a privilege to practice, the licensing board in the
15 issuing remote state shall ascertain, through the data system, whether the
16 applicant has ever held, or is the holder of, a license issued by any other state;
17 whether there are any encumbrances on any license or privilege to practice
18 held by the applicant; and whether any adverse action has been taken against
19 any license or privilege to practice held by the applicant.
VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 9 of 39
1 (d) Each member state shall require an applicant to obtain or retain a
2 license in the home state and meet the home state’s qualifications for licensure
3 or renewal of licensure as well as all other applicable state laws.
4 (e) An audiologist:
5 (1) must meet one of the following educational requirements:
6 (A) on or before December 31, 2007, has graduated with a master’s
7 degree or doctorate in audiology, or equivalent degree regardless of degree
8 name, from a program that is accredited by an accrediting agency recognized
9 by the Council for Higher Education Accreditation, or its successor, or by the
10 U.S. Department of Education and operated by a college or university
11 accredited by a regional or national accrediting organization recognized by the
12 board;
13 (B) on or after January 1, 2008, has graduated with a Doctoral degree
14 in audiology, or equivalent degree, regardless of degree name, from a program
15 that is accredited by an accrediting agency recognized by the Council for
16 Higher Education Accreditation, or its successor, or by the U.S. Department of
17 Education and operated by a college or university accredited by a regional or
18 national accrediting organization recognized by the board; or
19 (C) has graduated from an audiology program that is housed in an
20 institution of higher education outside the United States:
VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 10 of 39
1 (i) for which the program and institution have been approved by
2 the authorized accrediting body in the applicable country; and
3 (ii) the degree program has been verified by an independent
4 credentials review agency to be comparable to a state licensing board-approved
5 program;
6 (2) has completed a supervised clinical practicum experience from an
7 accredited educational institution or its cooperating programs as required by
8 the Commission;
9 (3) has successfully passed a national examination approved by the
10 Commission;
11 (4) holds an active, unencumbered license;
12 (5) has not been convicted or found guilty, and has not entered into an
13 agreed disposition, of a felony related to the practice of audiology, under
14 applicable state or federal criminal law; and
15 (6) has a valid U.S. Social Security or National Practitioner
16 Identification number.
17 (f) A speech-language pathologist:
18 (1) must meet one of the following educational requirements:
19 (A) has graduated with a master’s degree from a speech-language
20 pathology program that is accredited by an organization recognized by the
21 U.S. Department of Education and operated by a college or university VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 11 of 39
1 accredited by a regional or national accrediting organization recognized by the
2 board; or
3 (B) has graduated from a speech-language pathology program that is
4 housed in an institution of higher education outside the United States:
5 (i) for which the program and institution have been approved by
6 the authorized accrediting body in the applicable country; and
7 (ii) the degree program has been verified by an independent
8 credentials review agency to be comparable to a state licensing board-approved
9 program;
10 (2) has completed a supervised clinical practicum experience from an
11 educational institution or its cooperating programs as required by the
12 Commission;
13 (3) has completed a supervised postgraduate professional experience as
14 required by the Commission;
15 (4) has successfully passed a national examination approved by the
16 Commission;
17 (5) holds an active, unencumbered license;
18 (6) has not been convicted or found guilty, and has not entered into an
19 agreed disposition, of a felony related to the practice of speech-language
20 pathology, under applicable state or federal criminal law; and VT LEG #366458 v.1
BILL AS INTRODUCED S.76
2023 Page 12 of 39
1 (7) has a valid U.S. Social Security or National Practitioner
2 Identification number.
3 (g) The privilege to practice is derived from the home state license.
4 (h) An audiologist or speech-language pathologist practicing in a member
5 state must comply with the state practice laws of the state in which the client is
6 located at the time service is provided. The practice of audiology and speech-
7 language pathology shall include all audiology and speech-language pathology
8 practice as defined by the state practice laws of the member state in which the
9 client is located. The practice of audiology and