S-0195.1
SENATE BILL 5021
State of Washington 68th Legislature 2023 Regular Session
By Senators Wagoner, Cleveland, Conway, Hunt, Lovick, Muzzall, and
Rivers
Prefiled 12/06/22. Read first time 01/09/23. Referred to Committee
on Health & Long Term Care.
1 AN ACT Relating to the audiology and speech-language pathology
2 interstate compact; adding a new chapter to Title 18 RCW; and
3 providing a contingent effective date.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. (1) The purpose of this compact is to
6 facilitate interstate practice of audiology and speech-language
7 pathology with the goal of improving public access to audiology and
8 speech-language pathology services. The practice of audiology and
9 speech-language pathology occurs in the state where the patient,
10 client, or student is located at the time of the patient, client, or
11 student encounter. The compact preserves the regulatory authority of
12 states to protect public health and safety through the current system
13 of state licensure.
14 (2) This compact is designed to achieve the following objectives:
15 (a) Increase public access to audiology and speech-language
16 pathology services by providing for the mutual recognition of other
17 member state licenses;
18 (b) Enhance the states' ability to protect the public's health
19 and safety;
20 (c) Encourage the cooperation of member states in regulating
21 multistate audiology and speech-language pathology practice;
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1 (d) Support spouses of relocating active duty military personnel;
2 (e) Enhance the exchange of licensure, investigative, and
3 disciplinary information between member states;
4 (f) Allow a remote state to hold a provider of services with a
5 compact privilege in that state accountable to that state's practice
6 standards; and
7 (g) Allow for the use of telehealth technology to facilitate
8 increased access to audiology and speech-language pathology services.
9 NEW SECTION. Sec. 2. As used in this compact, and except as
10 otherwise provided, the following definitions shall apply:
11 (1) "Active duty military" means full-time duty status in the
12 active uniformed service of the United States, including members of
13 the national guard and reserve on active duty orders pursuant to 10
14 U.S.C., chapters 1209 and 1211.
15 (2) "Adverse action" means any administrative, civil, equitable,
16 or criminal action permitted by a state's laws which is imposed by a
17 licensing board or other authority against an audiologist or speech-
18 language pathologist, including actions against an individual's
19 license or privilege to practice such as revocation, suspension,
20 probation, monitoring of the licensee, or restriction on the
21 licensee's practice.
22 (3) "Alternative program" means a nondisciplinary monitoring
23 process approved by an audiology or speech-language pathology
24 licensing board to address impaired practitioners.
25 (4) "Audiologist" means an individual who is licensed by a state
26 to practice audiology.
27 (5) "Audiology" means the care and services provided by a
28 licensed audiologist as set forth in the member state's statutes and
29 rules.
30 (6) "Audiology and speech-language pathology compact commission"
31 or "commission" means the national administrative body whose
32 membership consists of all states that have enacted the compact.
33 (7) "Audiology and speech-language pathology licensing board,"
34 "audiology licensing board," "speech-language pathology licensing
35 board," or "licensing board" means the agency of a state that is
36 responsible for the licensing and regulation of audiologists, speech-
37 language pathologists, or both.
38 (8) "Compact privilege" means the authorization granted by a
39 remote state to allow a licensee from another member state to
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 1 practice as an audiologist or speech-language pathologist in the
2 remote state under its laws and rules. The practice of audiology or
3 speech-language pathology occurs in the member state where the
4 patient, client, or student is located at the time of the patient,
5 client, or student encounter.
6 (9) "Current significant investigative information" means
7 investigative information that a licensing board, after an inquiry or
8 investigation that includes notification and an opportunity for the
9 audiologist or speech-language pathologist to respond, if required by
10 state law, has reason to believe is not groundless and, if proved
11 true, would indicate more than a minor infraction.
12 (10) "Data system" means a repository of information about
13 licensees including, but not limited to, continuing education,
14 examination, licensure, investigative, compact privilege, and adverse
15 action.
16 (11) "Encumbered license" means a license in which an adverse
17 action restricts the practice of audiology or speech-language
18 pathology by the licensee and said adverse action has been reported
19 to the national practitioners data bank.
20 (12) "Executive committee" means a group of directors elected or
21 appointed to act on behalf of, and within the powers granted to them
22 by, the commission.
23 (13) "Home state" means the member state that is the licensee's
24 primary state of residence.
25 (14) "Impaired practitioner" means individuals whose professional
26 practice is adversely affected by substance abuse, addiction, or
27 other health-related conditions.
28 (15) "Licensee" means an individual who currently holds an
29 authorization from the state licensing board to practice as an
30 audiologist or speech-language pathologist.
31 (16) "Member state" means a state that has enacted the compact.
32 (17) "Privilege to practice" means a legal authorization
33 permitting the practice of audiology or speech-language pathology in
34 a remote state.
35 (18) "Remote state" means a member state other than the home
36 state where a licensee is exercising or seeking to exercise the
37 compact privilege.
38 (19) "Rule" means a regulation, principle, or directive
39 promulgated by the commission that has the force of law.
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 1 (20) "Single-state license" means an audiology or speech-language
2 pathology license issued by a member state that authorizes practice
3 only within the issuing state and does not include a privilege to
4 practice in any other member state.
5 (21) "Speech-language pathologist" means an individual who is
6 licensed by a state to practice speech-language pathology.
7 (22) "Speech-language pathology" means the care and services
8 provided by a licensed speech-language pathologist as set forth in
9 the member state's statutes and rules.
10 (23) "State" means any state, commonwealth, district, or
11 territory of the United States of America that regulates the practice
12 of audiology and speech-language pathology.
13 (24) "State practice laws" means a member state's laws, rules,
14 and regulations that govern the practice of audiology or speech-
15 language pathology, define the scope of audiology or speech-language
16 pathology practice, and create the methods and grounds for imposing
17 discipline.
18 (25) "Telehealth" means the application of telecommunication,
19 audio-visual, or other technologies that meet the applicable standard
20 of care to deliver audiology or speech-language pathology services at
21 a distance for assessment, intervention, or consultation.
22 NEW SECTION. Sec. 3. (1) A license issued to an audiologist or
23 speech-language pathologist by a home state to a resident in that
24 state shall be recognized by each member state as authorizing an
25 audiologist or speech-language pathologist to practice audiology or
26 speech-language pathology, under a privilege to practice, in each
27 member state where the licensee obtains such a privilege.
28 (2) A state must implement or utilize procedures for considering
29 the criminal history records of applicants for initial privilege to
30 practice. These procedures shall include the submission of
31 fingerprints or other biometric-based information by applicants for
32 the purpose of obtaining an applicant's criminal history record
33 information from the federal bureau of investigation and the agency
34 responsible for retaining that state's criminal records.
35 (a) A member state must fully implement a criminal background
36 check requirement, within a time frame established by rule, by
37 receiving the results of the federal bureau of investigation record
38 search on criminal background checks and use the results in making
39 licensure decisions.
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 1 (b) Communication between a member state, the commission, and
2 among member states regarding the verification of eligibility for
3 licensure through the compact shall not include any information
4 received from the federal bureau of investigation relating to a
5 federal criminal records check performed by a member state under
6 Public Law 92-544.
7 (3) Upon application for a privilege to practice, the licensing
8 board in the issuing remote state shall ascertain, through the data
9 system, whether the applicant has ever held, or is the holder of, a
10 license issued by any other state, whether there are any encumbrances
11 on any license or privilege to practice held by the applicant,
12 whether any adverse action has been taken against any license or
13 privilege to practice held by the applicant.
14 (4) Each member state shall require an applicant to obtain or
15 retain a license in the home state and meet the home state's
16 qualifications for licensure or renewal of licensure as well as all
17 other applicable state laws.
18 (5) An audiologist must:
19 (a) Meet one of the following educational requirements:
20 (i) On or before December 31, 2007, have graduated with a
21 master's degree or doctorate in audiology, or equivalent degree
22 regardless of degree name, from a program that is accredited by an
23 accrediting agency recognized by the council for higher education
24 accreditation, or its successor, or by the United States department
25 of education and operated by a college or university accredited by a
26 regional or national accrediting organization recognized by the
27 licensing board; or
28 (ii) On or after January 1, 2008, have graduated with a doctoral
29 degree in audiology, or equivalent degree, regardless of degree name,
30 from a program that is accredited by an accrediting agency recognized
31 by the council for higher education accreditation, or its successor,
32 or by the United States department of education and operated by a
33 college or university accredited by a regional or national
34 accrediting organization recognized by the licensing board; or
35 (iii) Have graduated from an audiology program that is housed in
36 an institution of higher education outside of the United States (A)
37 for which the program and institution have been approved by the
38 authorized accrediting body in the applicable country and (B) the
39 degree program has been verified by an independent credentials review
40 agency to be comparable to a state licensing board-approved program;
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 1 (b) Have completed a supervised clinical practicum experience
2 from an accredited educational institution or its cooperating
3 programs as required by the commission;
4 (c) Have successfully passed a national examination approved by
5 the commission;
6 (d) Hold an active, unencumbered license;
7 (e) Have not been convicted or found guilty, and has not entered
8 into an agreed disposition, of a felony related to the practice of
9 audiology, under applicable state or federal criminal law; and
10 (f) Have a valid United States social security or national
11 practitioner identification number.
12 (6) A speech-language pathologist must:
13 (a) Meet one of the following educational requirements:
14 (i) Have graduated with a master's degree from a speech-language
15 pathology program that is accredited by an organization recognized by
16 the United States department of education and operated by a college
17 or university accredited by a regional or national accrediting
18 organization recognized by the licensing board; or
19 (ii) Have graduated from a speech-language pathology program that
20 is housed in an institution of higher education outside of the United
21 States (A) for which the program and institution have been approved
22 by the authorized accrediting body in the applicable country and (B)
23 the degree program has been verified by an independent credentials
24 review agency to be comparable to a state licensing board-approved
25 program;
26 (b) Have completed a supervised clinical practicum experience
27 from an educational institution or its cooperating programs as
28 required by the commission;
29 (c) Have completed a supervised postgraduate professional
30 experience as required by the commission;
31 (d) Have successfully passed a national examination approved by
32 the commission;
33 (e) Hold an active, unencumbered license;
34 (f) Have not been convicted or found guilty, and has not entered
35 into an agreed disposition, of a felony related to the practice of
36 speech-language pathology, under applicable state or federal criminal
37 law;
38 (g) Have a valid United States social security or national
39 practitioner identification number.
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 1 (7) The privilege to practice is derived from the home state
2 license.
3 (8) An audiologist or speech-language pathologist practicing in a
4 member state must comply with the state practice laws of the state in
5 which the client is located at the time service is provided. The
6 practice of audiology and speech-language pathology shall include all
7 audiology and speech-language pathology practice as defined by the
8 state practice laws of the member state in which the client is
9 located. The practice of audiology and speech-language pathology in a
10 member state under a privilege to practice shall subject an
11 audiologist or speech-language pathologist to the jurisdiction of the
12 licensing board, the courts, and the laws of the member state in
13 which the client is located at the time service is provided.
14 (9) Individuals not residing in a member state shall continue to
15 be able to apply for a member state's single-state license as
16 provided under the laws of each member state. However, the single-
17 state license granted to these individuals shall not be recognized as
18 granting the privilege to practice audiology or speech-language
19 pathology in any other member state. Nothing in this compact shall
20 affect the requirements established by a member state for the
21 issuance of a single-state license.
22 (10) Member states may charge a fee for granting a compact
23 privilege.
24 (11) Member states must comply with the bylaws and rules and
25 regulations of the commission.
26 NEW SECTION. Sec. 4. (1) To exercise the compact privilege
27 under the terms and provisions of the compact, the audiologist or
28 speech-language pathologist shall:
29 (a) Hold an active license in the home state;
30 (b) Have no encumbrance on any state license;
31 (c) Be eligible for a compact privilege in any member state in
32 accordance with section 3 of this act;
33 (d) Have not had any adverse action against any license or
34 compact privilege within the previous two years from the date of
35 application;
36 (e) Notify the commission that the licensee is seeking the
37 compact privilege within a remote state or states;
38 (f) Pay any applicable fees, including any state fee, for the
39 compact privilege; and
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 1 (g) Report to the commission adverse action taken by any
2 nonmember state within 30 days from the date the adverse action is
3 taken.
4 (2) For the purposes of the compact privilege, an audiologist or
5 speech-language pathologist shall only hold one home state license at
6 a time.
7 (3) Except as provided in section 6 of this act, if an
8 audiologist or speech-language pathologist changes primary state of
9 residence by moving between two member states, the audiologist or
10 speech-language pathologist must apply for licensure in the new home
11 state, and the license issued by the prior home state shall be
12 deactivated in accordance with applicable rules adopted by the
13 commission.
14 (4) The audiologist or speech-language pathologist may apply for
15 licensure in advance of a change in primary state of residence.
16 (5) A license shall not be issued by the new home state until the
17 audiologist or speech-language pathologist provides satisfactory
18 evidence of a change in primary state of residence to the new home
19 state and satisfies all applicable requirements to obtain a license
20 from the new home state.
21 (6) If an