Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 161 First Substitute (2020GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/31/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts the Audiology and Speech-Language Pathology Interstate Compact with amendments;
• authorizes the Division of Occupational and Professional Licensing to make rules to implement the Audiology and Speech-Language Pathology Interstate Compact; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
INTERSTATE COMPACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill enacts the Audiology and Speech-Language Pathology Interstate Compact.
Highlighted Provisions:
This bill:
▸ enacts the Audiology and Speech-Language Pathology Interstate Compact with
amendments;
▸ authorizes the Division of Occupational and Professional Licensing to make rules to
implement the Audiology and Speech-Language Pathology Interstate Compact; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-41-2
, as last amended by Laws of Utah 2017, Chapter 43
58-41-3
, as last amended by Laws of Utah 1989, Chapter 207
ENACTS:
58-41a-101
, Utah Code Annotated 1953
58-41a-102
, Utah Code Annotated 1953
58-41a-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-41-2
 is amended to read:
58-41-2.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "ASHA" means the American Speech-Language-Hearing Association.
(2) "Association" means the Utah Speech-Language-Hearing Association.
(3) "Audiologist" means a person who practices audiology or who holds himself out to
the public directly or indirectly by any means, act, title, identification, performance, method, or
procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses,
diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected
by or suspected of having disorders of or conditions of hearing loss, or assists persons in
achieving the reception, communication, and perception of sound and determines the range,
nature, and degree of hearing function related to communication needs, or provides audiology
services and uses audio electronic equipment and provides audiology services and consultation
regarding noise control and hearing conservation, conducts tests and interpretation of vestibular
function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories,
prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and
calibrates instruments used in testing and supplementing auditory function. A person is
deemed to be an audiologist if [
he
] 
the person
 directly or indirectly provides or offers to
provide these services or functions set forth in Subsection (4) or any related function.
(4) "Audiology" means the application of principles, methods, and procedures, and
measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing,
consulting, treating, instructing, and researching, which is related to hearing, vestibular
function, and the disorders of hearing, to related language and speech disorders and to aberrant
behavior related to hearing loss or vestibular function, for the purpose of preventing and
modifying disorders related to hearing loss or vestibular function, and planning, directing,
managing, conducting, and participating in hearing conservation, evoked potentials evaluation,
nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation
programs, including hearing aid evaluation, assistive listening device evaluation, prescription,
preparation, and dispensing, and auditory training and lip reading.
(5) "Audiology aide" means an individual who:
(a) meets the minimum qualifications established by the board for audiology aides. 
Those qualifications shall be substantial but less than those established by this chapter for
licensing an audiologist;
(b) does not act independently; and
(c) works under the personal direction and direct supervision of a licensed audiologist
who accepts responsibility for the acts and performance of that audiology aide under this
chapter.
(6) "Board" means the Speech-language Pathology and Audiology Licensing Board
created under Section 
58-41-6
.
(7) "CCC" means the certificate of clinical competence awarded by the American
Speech-Language-Hearing Association.
(8) "CFY" means the clinical fellowship year prescribed by ASHA.
(9) "Disorder" means the condition of decreased, absent, or impaired auditory, speech,
voice, or language function.
(10) "Hearing aid dealer" means one who sells, repairs, and adjusts hearing aids.
(11) "Licensed audiologist" means any individual to whom a license has been issued
under this chapter 
or Chapter 41a, Audiology and Speech-Language Pathology Interstate
Compact,
 if [
that
] 
the
 license is in force and has not been suspended or revoked.
(12) "Licensed speech-language pathologist" means any individual licensed under this
chapter [
whose
] 
or Chapter 41a, Audiology and Speech-Language Pathology Interstate
Compact, if the
 license is in force and has not been suspended or revoked.
(13) "Person" means any individual, group, organization, partnership, or corporate
body, except that only an individual may be licensed under this chapter.
(14) "Practice of audiology" means rendering or offering to render to individuals,
groups, agencies, organizations, industries, or the public any performance or service in
audiology.
(15) "Practice of speech-language pathology" means rendering, prescribing, or offering
to render to individuals, groups, agencies, organizations, industries or the public any service in
speech-language pathology.
(16) "Prescribe" means to:
(a) determine, specify, and give the directions, procedures, or rules for a person to
follow in determining and ordering the preparation, delivery, and use of specific mechanical,
acoustic, or electronic aids to hearing or speech; and
(b) determine or designate a remedy for a person.
(17) "Prescription" means a written or oral order for the delivery or execution of that
which has been prescribed.
(18) "Speech-language pathologist" means:
(a) a person who practices speech-language pathology or who holds himself out to the
public by any means, or by any service or function [
he
] 
the person
 performs, directly or
indirectly, or by using the terms "speech-language pathologist," "speech-language therapist,"
"language disability specialist," or any variation, derivation, synonym, coinage, or whatever
expresses, employs, or implies these terms, names, or functions; or
(b) a person who performs any of the functions described in Subsection (19) or any
related functions.
(19) "Speech-language pathology" means the application of principles, methods, and
procedures for the examination, measurement, prevention, testing, identification, evaluation,
diagnosis, treatment, instruction, modification, prescription, restoration, counseling,
habilitation, prediction, management, and research related to the development and the disorders
or disabilities of human communication, speech, voice, language, cognitive communication, or
oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying,
evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or
modifying those disorders and their effects in individuals or groups of individuals.
(20) "Speech-language pathology aide" means an individual who:
(a) meets the minimum qualifications established by the board for speech-language
pathology aides. Those qualifications shall be substantial but less than those established by this
chapter for licensing a speech-language pathologist;
(b) does not act independently; and
(c) works under the personal direction and direct supervision of a licensed
speech-language pathologist who accepts the responsibility for the acts and performances of
that speech-language pathology aide while working under this chapter.
(21) "Treatment" means the services of a speech-language pathologist or audiologist to
examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior,
or their effects.
(22) "Unprofessional conduct" as defined in Section 
58-1-501
 and as may be further
defined by rule includes:
(a) failing to maintain a level of professional practice consistent with all initial and
subsequent requirements by which a license is achieved or maintained under this chapter;
(b) utilizing substandard or inappropriate facilities or equipment;
(c) treating any disorder for which the licensee has not had the necessary training and
experience; or
(d) failing to comply with the requirements of Section 
58-41-17
.
Section 2. Section 
58-41-3
 is amended to read:
58-41-3.
Scope of licenses -- Practicing without license prohibited.
(1) Licensing shall be granted independently either in speech-language pathology or
audiology. A person shall be licensed in one or both areas when [
he
] 
the person
 meets the
respective qualifications.
(2) [
No
] 
Except as provided in Section 
58-41-4
, no
 person may practice, represent
[
himself
] 
themselves
 to be, consult, or perform as a speech-language pathologist or audiologist
in this state unless [
he
] 
the person
 is licensed in accordance with
:
(a)
 this chapter[
.
]
; or
(b) Chapter 41a, Audiology and Speech-Language Pathology Interstate Compact.
Section 3. Section 
58-41a-101
 is enacted to read:
CHAPTER 41a. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
INTERSTATE COMPACT
 58-41a-101.
Title.
This chapter is known as the "Audiology and Speech-Language Pathology Interstate
Compact."
Section 4. Section 
58-41a-102
 is enacted to read:
 58-41a-102.
 Audiology and Speech-Language Pathology Interstate Compact.
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE
COMPACT
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 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. Section 1209 and 1211.
B. "Adverse action" means any administrative, civil, equitable or criminal action
permitted by a state's laws which is 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 non-disciplinary 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, 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 of
America 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 electronic communication or information
technology that meets the applicable standard of care to deliver audiology or speech-language
pathology services or information 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 Public Law 92-544.
C. Upon application for a privilege to practice, the licensing board in the issuing remote
state shall ascertain, through the data system, whether the applicant has ever held, or is the
holder of, a license issued by any other state, whether there are any encumbrances on any
license or privilege to practice held by the applicant, whether any adverse action has been taken
against any license or privilege to practice held by the applicant.
D. Each member state shall require an applicant to obtain or retain a license in the home
state and meet the home state's qualifications for licensure or renewal of licensure, as well as,
all other applicable state laws.
E. For an audiologist:
1. Must meet one of the following educational requirements:
a. On or before, Dec. 31, 2007, has graduated with a master's degree or doctorate in
audiology, or equivalent degree regardless of degree name, from a program that is accredited
by an accrediting agency recognized by the Council for Higher Education Accreditation, or its
successor, or by the United States Department of Education and operated by a college or
university accredited by a regional or national accrediting organization recognized by the
board; or
b. On or after, Jan. 1, 2008, has graduated with a Doctoral degree in audiology, or
equivalent degree, regardless of degree name, from a program that is accredited by an
accrediting agency recognized by the Council for Higher Education Accreditation, or its
successor, or by the United States Department of Education and operated by a college or
university accredited by a regional or national accrediting organization recognized by the
board; or
c. Has graduated from an audiology program that is housed in an institution of higher
education outside of the United States (a) for which the program and institution have been
approved by the authorized accrediting body in the applicable country and (b) the degree
program has been verified by an independent credentials review agency to be comparable to a
state licensing board-approved program.
2. Has completed a supervised clinical practicum experience from an accredited
educational institution or its cooperating programs as required by the board;
3. Has successfully passed a national examination approved by the Commission;
4. Holds an active, unencumbered license;
5. Has not been convicted or found guilty, and has not entered into an agreed
disposition, of a felony related to the practice of audiology, under applicable state or federal
criminal law; and
6. Has a valid United States Social Security or National Practitioner Identification
number.
F. For a speech-language pathologist:
1. Must meet one of the following educational requirements:
a. Has graduated with a master's degree from a speech-language pathology program
that is accredited by an organization recognized by the United States Department of Education
and operated by a college or university accredited by a regional or national accrediting
organization recognized by the board; or
b. Has graduated from a speech-language pathology program that is housed in an
institution of higher education outside of the United States (a) for which the program and
institution have been approved by the authorized accrediting body in the applicable country and
(b) the degree program has been verified by an independent credentials review agency to be
comparable to a state licensing board-approved program.
2. Has completed a supervised clinical practicum experience from an educational
institution or its cooperating programs as required by the Commission;
3. Has completed a supervised postgraduate professional experience as required by the
Commission;
4. Has successfully passed a national examination approved by the Commission;
5. Holds an active, unencumbered license;
6. Has not been convicted or found guilty, and has not entered into an agreed
disposition, of a felony related to the practice of speech-language pathology, under applicable
state or federal criminal law; and
7. Has a valid United States Social Security or National Practitioner Identification
number.
G. The privilege to practice is derived from the home state license.
H. An audiologist or speech-language pathologist practicing in a member state must
comply with the state practice laws of the state in which the client is located at the time service
is provided. The practice of audiology and speech-language pathology shall include all
audiology and speech-language pathology practice as defined by the state practice laws of the
member state in which the client is located. The practice of audiology and speech-language
pathology in a member state under a privilege to practice shall subject an audiologist or
speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws
of the member state in which the client is located at the time service is provided.
I. Individuals not residing in a member state shall continue to be able to apply for a
member state's single-state license as provided under the laws of each member state. However,
the single-state license granted to these individuals shall not be recognized as granting the
privilege to practice audiology or speech-language pathology in any other member state.
Nothing in this Compact shall affect the requirements established by a member state for the
issuance of a single-state license.
J. Member states may charge a fee for granting a compact privilege.
K. Member states must comply with the bylaws and rules and regulations of the
Commission.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and provisions of the Compact,
the audiologist or speech-language pathologist shall:
1. Hold an active license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state in accordance with Section 3;
4. Have not had any adverse action against any license or compact privilege within the
previous 2 years from date of application;
5. Notify the Commission that the licensee is seeking the compact privilege within a
remote state(s);
6. Pay any applicable fees, including any state fee, for the compact privilege; and
7. Report to the Commission adverse action taken by any non-member state within 30
days from the date the adverse action is taken.
B. For the purposes of the compact privilege, an audiologist or speech-language
pathologist shall only hold one home state license at a time.
C. Except as provided in Section 6, if an audiologist or speech-language pathologist
changes primary state of residence by moving between two member states, the audiologist or
speech-language pathologist must apply for licensure in the new home state, and the license
issued by the prior home state shall be deactivated in accordance with applicable rules adopted
by the Commission.
D. The audiologist or speech-language pathologist may apply for licensure in advance
of a change in primary state of residence.
E. A license shall not be issued by the new home state until the audiologist or
speech-language pathologist provides satisfactory evidence of a change in primary state of
residence to the new home state and satisfies all applicable requirements to obtain a license
from the new home state.
F. If an audiologist or speech-language pathologist changes primary state of residence
by moving from a member state to a non-member state, the license issued by the prior home
state shall convert to a single-state license, valid only in the former home state, and the
compact privilege in any member state is deactivated in accordance with rules promulgated by
the Commission.
G. The compact privilege is valid until the expiration date of the home state license.
The licensee must comply with the requirements of Section 4A to maintain the compact
privilege in the remote state.
H. A licensee providing audiology or speech-language pathology services in a remote
state under the compact privilege shall function within the laws and regulations of the remote
state.
I. A licensee providing audiology or speech-language pathology services in a remote
state is subject to that state's regulatory authority. A remote state may, in accordance with due
process and that state's laws, remove a licensee's compact privilege in the remote state for a
specific period of time, impose fines, and/or take any other necessary actions to protect the
health and safety of its citizens.
J. If a home state license is encumbered, the licensee shall lose the compact privilege in
any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse action.
K. Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote
state.
L. Once the requirements of Section 4J have been met, the licensee must meet the
requirements in Section 4A to obtain a compact privilege in a remote state.
SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
A. Member states shall recognize the right of an audiologist or speech-language
pathologist, licensed by a home state in accordance with Section 3 and under rules promulgated
by the Commission, to practice audiology or speech-language pathology in any member state
via telehealth under a privilege to practice as provided in the Compact and rules promulgated
by the Commission.
B. A licensee providing audiology or speech-language pathology services in a remote
state under the compact privilege shall function within the laws and regulations of the remote
state.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active duty military personnel, or their spouse, shall designate a home state where the
individual has a current license in good standing. The individual may retain the home state
designation during the period the service member is on active duty. Subsequent to designating
a home state, the individual shall only change their home state through application for licensure
in the new state.
SECTION 7. ADVERSE ACTIONS
A. In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to:
1. Take adverse action against an audiologist's or speech-language pathologist's
privilege to practice within that member state.
2. Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. 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 shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
fees, travel expenses, mileage and other fees required by the service statutes of the state in
which the witnesses or evidence are located.
3. If otherwise permitted by state law, recover from the affected audiologist or
speech-language pathologist the costs of investigations and disposition of cases resulting from
any adverse action taken against that audiologist or speech-language pathologist.
4. Take adverse action based on the factual findings of the remote state, provided that
the home state follows its own procedures for taking the adverse action.
B. Only the home state shall have the power to take adverse action against an
audiologist's or speech-language pathologist's license issued by the home state.
C. For purposes of taking adverse action, the home state shall 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. In so doing, the home state shall apply its own state laws to determine
appropriate action.
D. The home state shall complete any pending investigations of an audiologist or
speech-language pathologist who changes primary state of residence during the course of the
investigations. The home state shall also have the authority to take appropriate action(s) and
shall promptly report the conclusions of the investigations to the administrator of the data
system. The administrator of the data system shall promptly notify the new home state of any
adverse actions.
E. Joint Investigations
1. In addition to the authority granted to a member state by its respective audiology or
speech-language pathology practice act or other applicable state law, any member state may
participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact.
F. If adverse action is taken by the home state against an audiologist's or speech
language pathologist's license, the audiologist's or speech-language pathologist's privilege to
practice in all other member states shall be deactivated until all encumbrances have been
removed from the state license. All home state disciplinary orders that impose adverse action
against an audiologist's or speech language pathologist's license shall include a statement that
the audiologist's or speech-language pathologist's privilege to practice is deactivated in all
member states during the pendency of the order.
G. If a member state takes adverse action against a license, it shall promptly notify the
administrator of the data system. The administrator of the data system shall promptly notify the
home state and any remote states in which the licensee has the practice privilege of any adverse
actions by the home state or remote states.
H. Nothing in this Compact shall override a member state's decision that participation
in an alternative program may be used in lieu of adverse action.
SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND
SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSION
A. The Compact member states hereby create and establish a joint public agency known
as the Audiology and Speech-Language Pathology Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office of
the Commission is located. The Commission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting and Meetings
1. Each member state shall have two (2) delegates selected by that member state's
licensing board. The delegates shall be current members of the licensing board. One shall be an
audiologist and one shall be a speech-language pathologist.
2. An additional five (5) delegates, who are either a public member or board
administrator from a state licensing board, shall be chosen by the Executive Committee from a
pool of nominees provided by the Commission at Large.
3. Any delegate may be removed or suspended from office as provided by the law of the
state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring on the Commission, within
days.
5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
rules and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the Commission.
6. A delegate shall vote in person or by other means as provided in the bylaws. The
bylaws may provide for delegates' participation in meetings by telephone or other means of
communication.
7. The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Establish a Code of Ethics;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take actions as are consistent with the provisions of this Compact and the
bylaws;
6. Promulgate uniform rules to facilitate and coordinate implementation and
administration of this Compact. The rules shall have the force and effect of law and shall be
binding in all member states to the extent and in the manner provided for in the Compact;
7. Bring and prosecute legal proceedings or actions in the name of the Commission,
provided that the standing of any state audiology or speech-language pathology licensing board
to sue or be sued under applicable law shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a member state;
10. Hire employees, elect or appoint officers, fix compensation, define duties, grant
individuals appropriate authority to carry out the purposes of the Compact, and to establish the
Commission's personnel policies and programs relating to conflicts of interest, qualifications
of personnel, and other related personnel matters;
11. Accept any and all appropriate donations and grants of money, equipment, supplies,
materials and services, and to receive, utilize and dispose of the same; provided that at all times
the Commission shall avoid any appearance of impropriety and/or conflict of interest;
12. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
improve or use, any property, real, personal or mixed; provided that at all times the
Commission shall avoid any appearance of impropriety;
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees composed of members, and
other interested persons as may be designated in this Compact and the bylaws;
17. Provide and receive information from, and cooperate with, law enforcement
agencies;
18. Establish and elect an Executive Committee; and
19. Perform other functions as may be necessary or appropriate to achieve the purposes
of this Compact consistent with the state regulation of audiology and speech-language
pathology licensure and practice.
D. The Commission shall have no authority to change or modify the laws of the
member states which define the practice of audiology and speech-language pathology in the
respective states.
E. The Executive Committee
The Executive Committee shall have the power to act on behalf of the Commission,
within the powers of the Commission, according to the terms of this Compact:
1. The Executive Committee shall be composed of ten (10) members:
a. Seven (7) voting members who are elected by the Commission from the current
membership of the Commission;
b. Two (2) ex-officios, consisting of one nonvoting member from a recognized national
audiology professional association and one nonvoting member from a recognized national
speech-language pathology association; and
c. One (1) ex-officio, nonvoting member from the recognized membership organization
of the audiology and speech-language pathology licensing boards.
F. The ex-officio members shall be selected by their respective organizations.
1. The Commission may remove any member of the Executive Committee as provided
in bylaws.
2. The Executive Committee shall meet at least annually.
3. The Executive Committee shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws, changes to this
Compact legislation, fees paid by Compact member states such as annual dues, and any
commission Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are appropriately provided, contractual or
otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance reports to
the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
4. Meetings of the Commission
All meetings shall be open to the public, and public notice of meetings shall be given in
the same manner as required under the rulemaking provisions in Section 10.
5. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or Executive
Committee or other committees of the Commission must discuss:
a. Non-compliance of a member state with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures
related to specific employees or other matters related to the Commission's internal personnel
practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility of investigation
or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
Commission's legal counsel or designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision.
7. The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed. All documents considered in
connection with an action shall be identified in minutes. All minutes and documents of
meetings, other than closed meetings, shall be made available to members of the public upon
request. All minutes and documents of a closed meeting shall remain under seal, subject to
release by a majority vote of the Commission or order of a court of competent jurisdiction.
8. Financing of the Commission
a. The Commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
b. The Commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
c. The Commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount sufficient to cover its annual budget
as approved each year for which revenue is not provided by other sources. The aggregate
annual assessment amount shall be allocated based upon a formula to be determined by the
Commission, which shall promulgate a rule binding upon all member states.
9. The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Commission pledge the credit of any of the member
states, except by and with the authority of the member state.
10. The Commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or licensed public accountant,
and the report of the audit shall be included in and become part of the annual report of the
Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives of the
Commission shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
that the person against whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or responsibilities; provided that nothing
in this paragraph shall be construed to protect any person from suit and/or liability for any
damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
that person.
2. The Commission shall defend any member, officer, executive director, employee or
representative of the Commission in any civil action seeking to impose liability arising out of
any actual or alleged act, error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of Commission employment, duties,
or responsibilities; provided that nothing herein shall be construed to prohibit that person from
retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative of the Commission for the amount of any settlement or
judgment obtained against that person arising out of any actual or alleged act, error or omission
that occurred within the scope of Commission employment, duties, or responsibilities, or that
person had a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual or alleged act, error, or
omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 9. DATA SYSTEM
A. The Commission shall provide for the development, maintenance, and utilization of
a coordinated database and reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary, a member state
shall submit a uniform data set to the data system on all individuals to whom this Compact is
applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason(s) for denial; and
6. Other information that may facilitate the administration of this Compact, as
determined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any member state shall only be
available to other member states.
D. The Commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. Adverse action information pertaining
to a licensee in any member state shall be available to any other member state.
E. Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission of the
contributing state.
F. Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information shall be removed from
the data system.
SECTION 10. RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this Section and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
B. 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 4 years of the date
of adoption of the rule, the rule shall have no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of
the Commission.
D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at
least thirty (30) days in advance of the meeting at which the rule shall be considered and voted
upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and
2. On the website of each member state audiology or speech-language pathology
licensing board or other publicly accessible platform or the publication in which each state
would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule shall be
considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of
their intention to attend the public hearing and any written comments.
F. Prior to the adoption of a proposed rule, the Commission shall allow persons to
submit written data, facts, opinions and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the Commission shall
publish the place, time, and date of the scheduled public hearing. If the hearing is held via
electronic means, the Commission shall publish the mechanism for access to the electronic
hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of
the Commission or other designated member in writing of their desire to appear and testify at
the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording shall be made available to
any person upon request and at the requesting person's expense.
4. Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the Commission at hearings required by this
section.
I. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the Commission shall consider all written and oral
comments received.
J. If no written notice of intent to attend the public hearing by interested parties is
received, the Commission may proceed with promulgation of the proposed rule without a
public hearing.
K. The Commission shall, by majority vote of all members, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
L. Upon determination that an emergency exists, the Commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
that the usual rulemaking procedures provided in the Compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
(90) days after the effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or member state funds; or
3. Meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule.
M. The Commission or an authorized committee of the Commission may direct
revisions to a previously adopted rule or amendment for purposes of correcting typographical
errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The revision shall be subject to
challenge by any person for a period of thirty (30) days after posting. The revision may be
challenged only on grounds that the revision results in a material change to a rule. A challenge
shall be made in writing and delivered to the chair of the Commission prior to the end of the
notice period. If no challenge is made, the revision shall take effect without further action. If
the revision is challenged, the revision may not take effect without the approval of the
Commission.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt to resolve disputes
related to the Compact that arise among member states and between member and non-member
states.
2. The Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
B. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the Commission has its
principal offices against a member state in default to enforce compliance with the provisions of
the Compact and its promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or state law.
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is
enacted into law in the 10th member state. The provisions, which become effective at that time,
shall be limited to the powers granted to the Commission relating to assembly and the
promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers
necessary to the implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the Commission's initial adoption of
the rules shall be subject to the rules as they exist on the date on which the Compact becomes
law in that state. Any rule that has been previously adopted by the Commission shall have the
full force and effect of law on the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute repealing
the same.
1. A member state's withdrawal shall not take effect until six (6) months after
enactment of the repealing statute.
2. Withdrawal shall not 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 this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any
audiology or speech-language pathology licensure agreement or other cooperative arrangement
between a member state and a non-member state that does not conflict with the provisions of
this Compact.
E. This Compact may be amended by the member states. No amendment to this
Compact shall become effective and binding upon any member state until it is enacted into the
laws of all member states.
SECTION 13. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this Compact shall be severable and if any phrase, clause, sentence or provision
of this Compact is declared to be contrary to the constitution of any member state or of the
United States or the applicability thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this Compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If this Compact shall
be held contrary to the constitution of any member state, the Compact shall remain in full force
and effect as to the remaining member states and in full force and effect as to the member state
affected as to all severable matters.
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with the Compact.
B. All laws in a member state in conflict with the Compact are superseded to the extent
of the conflict.
C. All lawful actions of the Commission, including all rules and bylaws promulgated by
the Commission, are binding upon the member states.
D. All agreements between the Commission and the member states are binding in
accordance with their terms.
E. In the event any provision of the Compact exceeds the constitutional limits imposed
on the Legislature of any member state, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that member state.
Section 5. Section 
58-41a-103
 is enacted to read:
 58-41a-103.
Rulemaking authority.
The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement Section 
58-41a-102
.