AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT

54-2918A. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT. The terms and conditions of the audiology and speech-language pathology interstate compact are hereby enacted as follows: AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT (ASLP-IC) 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 member 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. 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. 1209 and 1211. B. "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws 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" 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 information, 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. 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, and/or consultation. SECTION 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 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 time frame 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 P.L.