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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: HHS DPA 6-0-1-0 |3rd Read 26-3-1-0 |
SB 1075: audiologists; speech-language pathologists; compact
Sponsor: Senator Shope, LD 16
Committee on Health & Human Services
Overview
Adopts the Audiology and Speech-Language Pathology Compact (Compact) to allow audiologists and speech-language pathologists to obtain licensure in other Compact states. Creates the Audiology and Speech-Language Pathology Compact Commission (Commission) and outlines membership, responsibilities and duties.
History
The Compact is an interstate compact, or formal agreement among states, that facilitates interstate practice of audiology and speech-language pathology. Within the Compact, audiologists and speech-language pathologists who are licensed in good standing in a Compact member state will be eligible to practice in other Compact member states via Compact privilege, which is equivalent to a license. Currently, 34 states and 1 territory have enacted the Compact (ASLP-IC).
Compact member states include: 1) Alabama; 2) Alaska; 3) Arkansas; 4) Colorado; 5) Delaware; 6) Florida; 7) Georgia; 8) Idaho; 9) Indiana; 10) Iowa; 11) Kansas; 12) Kentucky; 13) Louisiana; 14) Maine; 15) Maryland; 16) Minnesota; 17) Mississippi; 18) Missouri; 19) Montana; 20) Nebraska; 21) New Hampshire; 22) North Carolina; 23) Ohio; 24) Oklahoma; 25) Rhode Island; 26) South Carolina; 27) Tennessee; 28) Utah; 29) Vermont; 30) Virginia; 31) U.S. Virgin Islands; 32) Washington; 33) West Virginia; 34) Wisconsin; and 35) Wyoming.
The Arizona Department of Health Services (DHS) licenses and oversees audiologists and speech-language pathologists in Arizona. An applicant pursuing an audiologist's license must: 1) pay the prescribed application fee; 2) submit satisfactory evidence to the DHS Director that the applicant has a doctoral degree with an emphasis in audiology from an accredited college or university program and has completed supervised clinical rotations in audiology from an accredited college or university as outlined; 3) pass an examination within three years prior to the date of the application for licensure; and 4) not have had a license revoked or suspended by a state within the previous two years and not be presently ineligible for licensure in any state due to a prior license revocation or suspension. An applicant who wants to be licensed as an audiologist to fit and dispense hearing aids must pass an additional examination as outlined in statute (A.R.S. §§ 36-1902 and 36-1940).
An applicant pursuing full licensure as a speech-language pathologist must: 1) pay the prescribed application fee; 2) submit satisfactory evidence to the DHS Director that the applicant has a master's degree in speech-language pathology from an accredited college or university program, completed a supervised clinical rotation from an accredited college or university program and completed an approved postgraduate professional experience in speech-language pathology; 3) pass the prescribed examination; and 4) not have had a license revoked or suspended by a state within the two years before the application and not be presently ineligible for licensure in any state due to a prior license revocation or suspension. An applicant seeking limited licensure as a speech-language pathologist to provide services to pupils under the authority of a local education agency or state-supported institution must: 1) pay the prescribed application fee; 2) submit proof of an employee or contractor relationship with a local education agency or a state-supported institution; and 3) hold a certificate in speech and language therapy from the State Board of Education (A.R.S. 36-1940.01).
Provisions
State Participation in the Compact
1. Requires a member state to recognize an audiologist's or speech-language pathologist's privilege to practice under a license issued to the audiologist or speech-language pathologist by a home state in which the licensee is a resident. (Sec. 3)
2. Requires a member state to implement or use procedures for considering the criminal history records of applicants for an initial privilege to practice. (Sec. 3)
3. Outlines procedures that a member state must implement when considering criminal history records of applicants pursuing a Compact privilege to practice. (Sec. 3)
4. Instructs a member state to require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or licensure renewal, as well as all other applicable state laws. (Sec. 3)
5. Requires the licensing board in the issuing remote state, on application for a privilege to practice, to ascertain whether the applicant has:
a) ever held, or is the holder of, a license issued by another state;
b) any encumbrances on any license or privilege to practice held by the applicant; and
c) had any adverse action taken against any license or privilege to practice held by the applicant. (Sec. 3)
6. Stipulates that:
a) individuals not residing in a member state must be able to apply for a member state's single-state license as provided by the laws of that member state;
b) the single-state license granted as outlined may not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state; and
c) the Compact does not affect the requirements established by a member state for the issuance of a single-state license. (Sec. 3)
7. Permits a member state to charge a fee for granting a Compact privilege. (Sec. 3)
8. Requires a member state to comply with the bylaws, rules and regulations of the Commission. (Sec. 3)
Audiologist and Speech-Language Pathologist Participation in the Compact
9. Requires a person who wishes to be licensed as an audiologists or speech-language pathologists and have the privilege to practice under Compact privilege to obtain a level one fingerprint clearance card from DPS. (Sec. 1-2)
10. Requires an audiologist to meet one of the following educational requirements:
a) have graduated by December 31, 2007, with a master's degree, doctorate in audiology or an equivalent degree, regardless of the degree name, from a program that is accredited, as described;
b) have graduated on or after January 1, 2008, with a doctoral degree in audiology or an equivalent degree, regardless of degree name, from a program that is accredited, as described; or
c) graduate from an audiology program that is housed in an institution of higher education outside of the U.S that has been approved by the authorized accrediting body in the applicable country and from a degree program that has been verified by an independent credentials review agency, as described. (Sec. 3)
11. Requires a speech-language pathologist to meet one of the following educational requirements:
a) graduated with a master's degree from a speech-language pathology program that is accredited as described; or
b) graduate from a speech-language pathology program that is housed in an institution of higher education outside of the U.S. that has been approved by the authorized accrediting body in the applicable country and from a degree program that has been verified by an independent credentials review agency as described. (Sec. 3)
12. Requires both an audiologist and speech language pathologist to meet the following requirements:
a) complete a supervised clinical practicum experience from an accredited education institution or its cooperating programs as required by the Commission;
b) successfully pass a national examination approved by the Commission;
c) hold an active, unencumbered license;
d) not have been convicted, found guilty or entered into an agreed disposition of a felony related to the practice of audiology or speech-language pathology under applicable state or federal criminal law; and
e) have a valid U.S. social security or national practitioner identification number. (Sec. 3)
13. Specifies that a speech-language pathologist must complete a supervised post graduate professional experience as required by the Commission. (Sec. 3)
14. Stipulates that an audiologist's or speech-language pathologist's privilege to practice is derived from the audiologist's or speech-language pathologist's home state license. (Sec. 3)
15. Requires the practice of audiology and speech-language pathology to include all audiology and speech-language pathology practices as defined by the state practice laws of the member state in which the client is located. (Sec. 3)
16. Subjects an audiologist or speech-language pathologist, under a privilege to practice in a member state, to the jurisdiction of the licensing board, courts and laws of the member state in which the client is located at the time service is provided. (Sec. 3)
Compact Privilege
17. Requires an audiologist or speech-language pathologist to meet the following requirements to exercise Compact privilege:
a) hold an active license in the licensee's home state;
b) have no encumbrance on any state license;
c) be eligible for a Compact privilege in any member state;
d) not have had any adverse action against any license or Compact privilege within the previous two years from the date of application;
e) notify the Commission that the licensee is seeking Compact privilege within a remote state or states;
f) pay any applicable fees, including any state fee, for Compact privilege; and
g) report to the Commission any adverse action taken by a nonmember state within 30 days. (Sec. 3)
18. Restricts an audiologist or speech-language pathologist to only one home state license at a time. (Sec. 3)
19. Specifies that, if an audiologist or speech-language pathologist changes the licensee's primary state of residence by moving between two member states, the licensee must apply for licensure in the new home state and the license issued by the previous home state must be deactivated. (Sec. 3)
20. Permits an audiologist or speech-language pathologist to apply for licensure in advance of a change in primary state of residence. (Sec. 3)
21. Forbids a new home state from issuing a license until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence and satisfies all applicable licensure requirements of the new home state. (Sec. 3)
22. Specifies that, if an audiologist or speech-language pathologist changes the licensee's primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state must convert to a single-state license valid only in the former home state. (Sec. 3)
23. States that Compact privilege is valid until the expiration date of the home state license. (Sec. 3)
24. Requires licensees to comply with the requirements of the Compact to maintain Compact privilege in the remote state. (Sec. 3)
25. Instructs a licensee providing audiology or speech-language pathology services in a remote state under Compact privilege to function within the laws and regulations of the remote state. (Sec. 3)
26. Subjects a licensee providing audiology or speech-language pathology services in a remote state to that state's regulatory authority. (Sec. 3)
27. Allows a remote state to remove a licensee's Compact privilege in that state for a specified period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens. (Sec. 3)
28. Specifies that, if a licensee's home state license is encumbered, the licensee loses Compact privileges in any remote state until:
a) the home state license has been unencumbered; and
b) a period of two years has passed from the date of the adverse action. (Sec. 3)
29. Stipulates that, once an encumbered license in a licensee's home state is restored to good standing, the licensee must once again meet Compact licensure requirements in order to obtain Compact privilege in any remote state. (Sec. 3)
30. Requires member states to recognize the right of an audiologist or speech-language pathologist, who is licensed by a home state, to practice audiology or speech-language pathology in any member state via telehealth as outlined by Compact privilege and Commission rules. (Sec. 3)
Active-Duty Military Personnel and Spouses
31. Requires active-duty military personnel or military spouses to designate a home state where the individual has a current license in good standing. (Sec. 3)
32. Permits active-duty military personnel or military spouses to retain the licensee's home state designation during the period the service member is on active duty. (Sec. 3)
33. Stipulates that an active-duty service member or military spouse must change the licensee's home state only through application for licensure in a new state. (Sec. 3)
Adverse Actions
34. Gives remote states the authority, in accordance with existing state due process law, to:
a) take adverse action against an audiologist or speech-language pathologist's Compact privilege within that member state; and
b) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. (Sec. 3)
35. Specifies that subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court. (Sec. 3)
36. Requires an authority that issues subpoenas to pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence is located. (Sec. 3)
37. Provides home states the exclusive power to impose adverse action against an audiologist or speech-language pathologist license issued by the home state. (Sec. 3)
38. Specifies that, for purposes of taking adverse action, a 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 within the home state and apply its own laws to determine appropriate action. (Sec. 3)
39. Requires a home state to complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the investigations. (Sec. 3)
40. Provides a home state the authority to take any appropriate action and promptly report the conclusions of the investigations to the administrator of the data system. (Sec. 3)
41. Requires the administrator of the Coordinated Licensure Information System to promptly notify the new home state of any adverse actions. (Sec. 3)
42. Permits a member state to recover the costs of investigations and disposition of cases from the affected audiologist or speech-language pathologist. (Sec. 3)
43. Allows a member state to take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. (Sec. 3)
44. Permits member states to conduct joint investigations of audiologists and speech-language pathologists. (Sec. 3)
45. Requires member states to share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation. (Sec. 3)
46. Specifies that, if any adverse action is taken by an audiologist's or speech-language pathologist's home state, the licensee's Compact privileges are deactivated, until all encumbrances on the license have been removed. (Sec. 3)
47. States that all home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license must include a statement that the individual's Compact privilege is deactivated in all member states during the pendency of the order. (Sec. 3)
48. Instructs a member state that takes adverse action to promptly notify the data system administrator. (Sec. 3)
49. Requires the administrator of the data system to promptly notify the home state of any adverse actions by remote states. (Sec. 3)
50. Clarifies that the Compact does not override a member state's decision that participation in an alternative program may be used in lieu of adverse action. (Sec. 3)
Audiology and Speech-Language Pathology Compact Commission
51. Creates and establishes the Commission as an instrumentality of Compact states. (Sec. 3)
52. Requires judicial proceedings by or against the Commission to be brought solely in the court of competent jurisdiction where the Commission's principal office is located. (Sec. 3)
53. Enables the Commission to waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (Sec. 3)
54. Forbids any provision of the Compact from being construed as a waiver of sovereign immunity. (Sec. 3)
55. Prescribes membership, authorities and duties of the Commission. (Sec. 3)
56. Establishes an executive committee with the power to act on behalf of the Commission. (Sec. 3)
57. Lists the membership, authorities and duties of the executive committee. (Sec. 3)
58. Requires Commission meetings to be open to the public, with properly provided public notice. (Sec. 3)
59. Lists the topics that the Commission or executive committee may discuss if it convenes a closed, nonpublic meeting. (Sec. 3)
60. Directs the Commission's legal counsel or designee to certify that a meeting is closed and reference each relevant exempting provision. (Sec. 3)
61. Requires the Commission to keep minutes of meetings and provide a full and accurate summary of actions taken. (Sec. 3)
62. Requires all minutes and documents of a closed meeting to remain under seal, subject to release by a court order or a majority vote of the Commission. (Sec. 3)
63. Outlines financial requirements and authorities of the Commission. (Sec. 3)
64. Holds harmless from liability the members, officers, executive director, employees and representatives of the Commission for any claim for damage to or loss of property, personal injury or other civil liability caused by an act, error or omission that occurred, unless the damage, loss, injury or liability was caused by the intentional, willful or wanton misconduct of that person. (Sec. 3)
65. Directs the Commission to defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability for an act, error or omission that occurred within the scope of Commission employment, duties or responsibilities. (Sec. 3)
66. Permits a person to retain private counsel in any action against the person if the act was not a result of intentional, willful or wanton misconduct. (Sec. 3)
67. Requires the Commission to indemnify and hold harmless any member, officer, executive director, employee or Commission representative for the amount of any settlement or judgment obtained against that person arising out of an act, error or omission that occurred within the scope of Commission employment, duties or responsibilities if the act was not a result of intentional, willful or wanton misconduct. (Sec. 3)
Data System
68. Directs the Commission to develop, maintain and utilize a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states. (Sec. 3)
69. Directs member states to submit uniform data sets to the data system on all individuals subject to the Compact, including:
a) identifying information;
b) licensure data;
c) adverse actions against a license or Compact privilege;
d) nonconfidential information related to alternative program participation;
e) any denial of licensure and the reasons why; and
f) other information that may facilitate Compact administration, as determined by Commission rules. (Sec. 3)
70. States that investigative information pertaining to a licensee in any member state is only available to other member states. (Sec. 3)
71. Requires the Commission to promptly notify all member states of any adverse action taken against a licensee or applicant. (Sec. 3)
72. States that any adverse action information pertaining to a licensee in any member state must be available to all other member states. (Sec. 3)
73. Allows member states that contribute information to the data system to designate confidential information that may not be shared without express permission. (Sec. 3)
74. Requires any data system information that must be expunged to be removed from the data system. (Sec. 3)
Rulemaking
75. Directs the Commission to exercise its rulemaking authorities pursuant to the Compact and rules established under the Compact. (Sec. 3)
76. Deems that rules and amendments to the rules become binding as of the date specified in each rule or amendment. (Sec. 3)
77. Specifies that a rule has no further force or effect in any member state if a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the Compact, within four years of the adoption of the rule. (Sec. 3)
78. Requires rules or rules amendments to be adopted at a regular or special meeting. (Sec. 3)
79. Requires the Commission, before adopting a final rule, to file a notice of proposed rulemaking at least 30 days before the meeting at which the rule will be considered and voted on, with notice provided on the website of:
a) the Commission or other publicly accessible platform; and
b) each member state's professional counseling licensing board or other publicly accessible platform in which each state would otherwise publish proposed rules. (Sec. 3)
80. Outlines requirements for notices of proposed rulemaking. (Sec. 3)
81. Requires the Commission, before the adoption of a proposed rule, to allow persons to submit written data, facts, opinions and arguments to be made available to the public. (Sec. 3)
82. Directs the Commission to grant an opportunity for a public hearing before it adopts a rule or amendment if requested by:
a) at least 25 people;
b) a state or federal governmental subdivision or agency; or
c) an association or organization with at least 25 members. (Sec. 3)
83. Directs the Commission to:
a) publish notice of the place, time and date of a scheduled public hearing on a proposed rule or amendment;
b) if a hearing is to be convened electronically, publish the mechanism for access to the hearing;
c) consider all written and oral comments received on a proposed rule or amendment; and
d) take final action on a proposed rule by majority vote and determine the effective date of the rule, if any. (Sec. 3)
84. Establishes Commission guidelines for convening hearings. (Sec. 3)
85. Allows the Commission to proceed with adopting a proposed rule without a public hearing if no written notice of intent to attend the public hearing by interested parties is received. (Sec. 3)
86. Allows the Commission to consider and adopt an emergency rule without prior notice, an opportunity for comment or a hearing if the Commission determines that there is an emergency and usual rulemaking procedures provided in the Compact are retroactively applied as soon as reasonably possible, within 90 days. (Sec. 3)
87. States that an emergency rule is one that must be adopted immediately to:
a) meet an imminent threat to public health, safety or welfare;
b) prevent a loss of Commission or member state funds; or
c) meet a deadline for the adoption of an administrative rule established by federal law. (Sec. 3)
88. Permits the Commission or an authorized committee to direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. (Sec. 3)
89. Requires public notice of any revisions to be posted on the Commission's website. (Sec. 3)
90. Specifies that revisions are subject to challenge by any person for 30 days on the grounds that the revision results in a material change to a rule. (Sec. 3)
91. Requires any challenge to be made in writing and delivered to the Chairperson of the Commission before the end of the notice period. (Sec. 3)
92. Specifies that the revision takes effect without further action if no challenge is made. (Sec. 3)
93. Specifies that, if the revision is challenged, the revision may not take effect without the approval of the Commission. (Sec. 3)
Oversight, Dispute Resolution and Enforcement
94. Directs the Commission to attempt to resolve Compact disputes between member states or member states and non-member states upon request by a member state. (Sec. 3)
95. Requires the Commission to promulgate a rule providing for both mediation and binding dispute resolution. (Sec. 3)
96. Instructs the Commission, in the reasonable exercise of its discretion, to enforce the provisions and rules of the Compact. (Sec. 3)
97. Allows the Commission, by majority vote, to initiate legal action in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices against a defaulting member state to enforce Compact compliance, including seeking both injunctive relief and damages. (Sec. 3)
98. Stipulates that, if judicial enforcement is necessary, the prevailing member is awarded all costs of litigation, including reasonable attorney fees. (Sec. 3)
99. States that Compact remedies are not the exclusive remedies of the Commission and that the Commission may pursue any other remedies available under federal or state law. (Sec. 3)
Date of Implementation, Withdrawals and Amendments
100. Adopts the Compact on the date that the Compact is enacted by a 10th member state. (Sec. 3)
101. Restricts the provisions of the Compact, upon its enactment, to only those relating to the Commission's assembly rulemaking powers. (Sec. 3)
102. Requires the Commission to meet and exercise rulemaking powers necessary to implement and administer the Compact. (Sec. 3)
103. Specifies that any state that joins the Compact subsequent to the Commission's initial adoption of rules is subject to the rules in place on the effective date of the Compact. (Sec. 3)
104. States that any rule previously adopted by the Commission has the full force and effect of law on the effective date of the Compact. (Sec. 3)
105. Allows any member state to withdraw from the Compact by enacting a statute repealing the Compact. (Sec. 3)
106. Stipulates that a member state's withdrawal does not:
a) take effect until six months after repealing the enacting statute; or
b) affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of the Compact before the date of withdrawal. (Sec. 3)
107. Specifies that the Compact does not invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the Compact. (Sec. 3)
108. Allows the Compact to be amended by the member states. (Sec. 3)
109. Specifies that a Compact amendment does not become effective until it is enacted by all member states. (Sec. 3)
Construction and Severability
110. Asserts that the Compact be liberally construed to effectuate its purposes. (Sec. 3)
111. Requires the provisions of the Compact to be severable. (Sec. 3)
112. Specifies that, if any phrase, clause, sentence or provision of the Compact is declared to be contrary to the constitution of a member state or of the U.S., the validity of the remainder of the Compact and the applicability to any government, agency, person or circumstance is not affected. (Sec. 3)
113. Specifies that, if the Compact violates the constitution of a member state, the Compact remains in full force and effect for:
a) the remaining member states; and
b) all severable matters of the affected member state. (Sec. 3)
Binding Effect of Compact and Other Laws
114. Clarifies that the Compact does not prevent the enforcement of any other law of a member state that is not inconsistent with the Compact. (Sec. 3)
115. States that any laws of a member state that are in conflict with the Compact are superseded to the extent of the conflict. (Sec. 3)
116. Stipulates that any lawful actions of the Commission, including all promulgated rules and bylaws, are binding on the member states. (Sec. 3)
117. Specifies that all agreements between the Commission and member states are binding in accordance with their terms. (Sec. 3)
118. Specifies that, if any provision of the Compact exceeds the legislative constitutional limits of a member state, the provision is ineffective to the extent of the conflict. (Sec. 3)
Miscellaneous
119. Outlines the purposes of the Compact. (Sec. 1)
120. Defines terms. (Sec. 2)
121. Makes technical and conforming changes. (Sec. 1, 2, 4-7)
122. Contains an effective date of January 1, 2026. (Sec. 8)
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