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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
audiologists; speech-language pathologists; compact
Purpose
Adopts the Audiologists and Speech-Language Pathologists Compact (Compact), permitting audiologists and speech-language pathologists to obtain licensure in other Compact states. Establishes the Audiology and Speech-Language Pathology Compact Commission (Commission).
Background
Audiologists and speech-language pathologists in Arizona are licensed
and overseen by the Director of the Department of Health Services (Director).
An applicant for licensure as an audiologist must: 1) pay the prescribed
application fee; 2) submit satisfactory evidence to the 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 wishes
to be licensed as an audiologist to fit and dispense hearing aids must pass an
additional examination as prescribed (A.R.S. §§
36-1902
and 36-1940).
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. An applicant seeking full licensure as a speech-language pathologist must: 1) pay the prescribed application fee; 2) submit satisfactory evidence to the 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 (A.R.S. § 36-1940.01).
The Compact is an interstate licensure compact designed to facilitate the interstate practice of audiology and speech-language pathology while maintaining public protection. Under 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 have adopted the Compact (ASLP-IC).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Purpose
1. States that the purpose of the Compact is to facilitate the interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services.
2. States that the Compact preserves the regulatory authority of the states to protect public health and safety through the current system of state licensure.
3. Specifies that the practice of audiology and speech-language pathology occurs in the state in which the patient, client or student is located at the time of the patient, client or student encounter.
4. Asserts that the Compact is designed to:
a) increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
b) enhance the member states' ability to protect the public's health and safety;
c) encourage the cooperation of member states in regulating multistate practice;
d) support spouses of relocating active-duty military members;
e) enhance the exchange of licensure and disciplinary information among member states;
f) authorize a remote state to hold a provider accountable to that state's practice standards; and
g) allow the use of telehealth to facilitate increased access to audiology and speech-language pathology services.
State Participation in the Compact
5. Requires a member state to:
b) implement or use procedures for considering the criminal history records of applicants for an initial privilege to practice, including 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, as outlined; and
6. 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.
7. 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 of service.
8. Specifies 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.
9. Allows a member state to charge a fee for granting a Compact privilege.
10. Requires each member state to comply with the bylaws, rules and regulations of the Commission.
Audiologist and Speech-Language Pathologist Participation in the Compact
11. Requires an audiologist to:
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 prescribed;
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 prescribed; or
c) graduate from an audiology program that is housed in an institution of higher education outside of the United States 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 prescribed.
12. Outlines criteria an audiologist or speech-language pathologist must meet, including:
a) completing supervised clinical experience from an accredited education institution or its cooperating programs as required by the Commission;
b) successfully passing 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.
13. Requires a speech-language pathologist to either:
a) graduate with a master's degree from a speech-language pathology program that is accredited as prescribed; or
b) graduate from a speech-language pathology program that is housed in an institution of higher education outside of the United States 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 prescribed.
14. Requires a speech-language pathologist to complete a supervised post graduate professional experience as required by the commission.
15. Specifies 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.
16. Requires an audiologist or speech-language pathologist who is practicing in a member state to comply with the practice laws of the state in which the client is located at the time of service and the practice of audiology and speech-language pathology to include all respective practices as defined by the state practice laws as outlined.
Compact Privilege
17. States that, in order to exercise Compact privilege, licensees must:
a) hold an active license in the licensee's home state;
b) have no encumbrance on any state license and no adverse action against any license or compact privilege within the previous two years from the date of the application;
c) be eligible for a compact privilege in any member state;
d) notify the Commission that the licensee is seeking Compact privilege within a remote state or states;
e) pay any applicable fees, including any state fee, for Compact privilege; and
f) report to the Commission any adverse action taken by a nonmember state within 30 days.
18. Prohibits an audiologist or speech-language pathologist from holding more than one home state license at the same time.
19. Stipulates 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.
20. Allows an audiologist or speech-language pathologist to apply for licensure in advance of a change in primary state of residence.
21. Prohibits 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.
22. Stipulates 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 of the former home state.
23. Specifies that Compact privilege is valid until the expiration date of the home state license.
24. States that licensees must comply with the requirements of the Compact to maintain Compact privilege in the remote state.
25. Requires 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.
26. States that a licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority.
27. Permits 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.
28. Stipulates that, if a licensee's home state license is encumbered, the licensee loses Compact privileges in any remote state until the home state license has been unencumbered and a period of two years has passed from the date of the adverse action.
29. Specifies 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.
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.
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.
32. Allows 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.
33. Stipulates that an active-duty service member or military spouse may change the licensee's home state only through application for licensure in a new state or through the Compact processes.
Adverse Actions
34. Grants 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.
35. Grants home states the exclusive power to impose adverse action against an audiologist or speech-language pathologist license issued by the home state.
36. 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.
37. 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.
38. Stipulates 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.
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 course of the investigations.
40. Grants a home state the authority to take any appropriate action and promptly report the conclusions of the investigations to the Commission data system.
41. Requires the administrator of the coordinated licensure information system to promptly notify the new home state of any adverse actions.
42. Allows a member state to recover the costs of investigations and disposition of cases from the affected audiologist or speech-language pathologist.
43. Authorizes 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.
44. Allows member states to conduct joint investigations of audiologists and speech-language pathologists.
45. Requires member states to share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation.
46. Stipulates 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.
47. Requires all home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license to include a statement that the individual's Compact privilege is deactivated in all member states during the pendency of the order.
48. Requires a member state that takes adverse action to promptly notify the data system administrator.
49. Requires the data system administrator to promptly notify the home state of any adverse actions by remote states.
50. Specifies 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.
Audiology and Speech-Language Pathology Compact Commission
51. Establishes the Commission as an instrumentality of Compact states.
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.
53. Allows the Commission to waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
54. Prohibits any provision of the Compact from being construed as a waiver of sovereign immunity.
55. Outlines membership, authorities and duties of the Commission.
56. Establishes an executive committee with the power to act on behalf of the Commission.
57. Outlines membership, authorities and duties of the executive committee.
58. Requires Commission meetings to be open to the public, with properly provided public notice.
59. Permits the Commission and the executive committee to convene for a closed, nonpublic meeting if outlined topics are discussed.
60. Requires the Commission's legal counsel or designee to certify that a meeting is closed and reference each relevant exempting provision.
61. Requires the Commission to keep minutes of meetings and provide a full and accurate summary of actions taken.
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.
63. Prescribes financial requirements and authorities of the Commission.
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.
65. Requires 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.
66. Allows 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.
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.
Data System
68. Requires 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.
69. Requires 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.
70. Asserts that investigative information pertaining to a licensee in any member state is only available to other member states.
71. Requires the Commission to promptly notify all member states of any adverse action taken against a licensee or applicant.
72. Provides access, to any member state, to adverse action information pertaining to a licensee.
73. Permits member states that contribute information to the data system to designate confidential information that may not be shared without express permission.
74. Requires any data system information that must be expunged to be removed from the data system.
Rulemaking
75. Requires the Commission to exercise its rulemaking authorities pursuant to the Compact and rules established under the Compact.
76. Declares that rules and amendments to the rules become binding as of the date specified in each rule or amendment.
77. Stipulates 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.
78. Requires rules or rules amendments to be adopted at a regular or special meeting.
79. Directs 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.
80. Prescribes requirements for notices of proposed rulemaking.
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.
82. Requires 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.
83. Requires 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.
84. Prescribes Commission guidelines for convening hearings.
85. Permits 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.
86. Permits 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.
87. Specifies that an emergency rule is one that must be adopted immediately in order to:
a) meet an imminent threat to public health, safety or welfare;
b) prevent a loss of Commission or member state funds;
c) meet a deadline for the adoption of an administrative rule established by federal law; or
d) protect public health and safety.
88. Allows 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.
89. Requires public notice of any revisions to be posted on the Commission website.
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.
91. Requires any challenge to be made in writing and delivered to the Chairperson of the Commission before the end of the notice period.
92. Stipulates that the revision takes effect without further action if no challenge is made.
93. Stipulates that, if the revision is challenged, the revision may not take effect without the approval of the Commission.
Oversight, Dispute Resolution and Enforcement
94. Requires the Commission to attempt to resolve Compact disputes between member states or member states and non-member states upon request by a member state.
95. Requires the Commission to promulgate a rule providing for both mediation and binding dispute resolution.
96. Requires the Commission, in the reasonable exercise of its discretion, to enforce the provisions and rules of the Compact.
97. Permits 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.
98. Specifies that, if judicial enforcement is necessary, the prevailing member is awarded all costs of litigation, including reasonable attorney fees.
99. Asserts 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.
Date of Implementation, Withdrawals and Amendments
100. Enacts the Compact on the date that the Compact is adopted by a 10th member state.
101. Limits the provisions of the Compact, upon its enactment, to only those relating to the Commission's assembly rulemaking powers.
102. Requires the Commission to meet and exercise rulemaking powers necessary to implement and administer the Compact.
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.
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.
105. Permits any member state to withdraw from the Compact by enacting a statute repealing the Compact.
106. Specifies 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.
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.
108. Permits the Compact to be amended by the member states.
109. Specifies that a Compact amendment does not become effective until it is enacted by all member states.
Construction and Severability
110. Requires the Compact to be liberally construed so as to effectuate its purposes.
111. Requires the provisions of the Compact to be severable.
112. Stipulates 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 United States, the validity of the remainder of the Compact and the applicability to any government, agency, person or circumstance is not affected.
113. Stipulates 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.
Binding Effect of Compact and Other Laws
114. Specifies that the Compact does not prevent the enforcement of any other law of a member state that is not inconsistent with the Compact.
115. States that any laws of a member state that are in conflict with the Compact are superseded to the extent of the conflict.
116. Specifies that any lawful actions of the Commission, including all promulgated rules and bylaws, are binding on the member states.
117. Specifies that all agreements between the Commission and member states are binding in accordance with their terms.
118. Stipulates 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.
Miscellaneous
119. Defines terms.
120. Becomes effective on January 1, 2026.
Prepared by Senate Research
February 3, 2025
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