KRS § 334A.188 — KY Code / Title XXVI / Chapter 334A / Section 334A.188
334A.188 Audiology and Speech-Language Pathology Interstate Compact
Status: in_force

334A.188 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. secs. 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 telecommunication technologies that meets

the applicable standard of care to deliver audiology or speech-language pathology

services at a distance for assessment, intervention and/or consultation.

SECTION 3: STATE PARTICIPATION IN THE COMPACT

A. A license issued to an audiologist or speech-language pathologist by a home state to

a resident in that state shall be recognized by each member state as authorizing an

audiologist or speech-language pathologist to practice audiology or speech-language

pathology, under a privilege to practice, in each member state.

B. A state must implement or utilize procedures for considering the criminal history

records of applicants for initial privilege to practice. These procedures shall include

the submission of fingerprints or other biometric-based information by applicants

for the purpose of obtaining an applicant’s criminal history record information from

the Federal Bureau of Investigation and the agency responsible for retaining that

state’s criminal records.

1. A member state must fully implement a criminal background check

requirement, within a time frame established by rule, by receiving the results

of the Federal Bureau of Investigation record search on criminal background

checks and use the results in making licensure decisions.

2. Communication between a member state, the Commission and among

member states regarding the verification of eligibility for licensure through the

Compact shall not include any information received from the Federal Bureau

of Investigation relating to a federal criminal records check performed by a

member state under 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 (1) of the following educational requirements:

a. On or before, December 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;

b. On or after, January 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

Commission;

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 (1) 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 two (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 thirty (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 (1) 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 privilege to practice in any member state is deactivated in

accordance with the 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 (2) 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

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. 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 state where the patient/client/student is located.

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. Only the home state shall have the power to take adverse action against a

audiologist’s or speech-language pathologist’s license issued by the home

state.

B. 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.

C. 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.

D. If otherwise permitted by state law, the member state may 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.

E. The member state may take adverse action based on the factual findings of the

remote state, provided that the member state follows the member state's own

procedures for taking the adverse action.

F. 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.

G. 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.

H. If a member state takes adverse action against a licensee, 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 a

privilege to practice of any adverse actions by the home state or remote states.

I. 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 (1) shall be an audiologist and one (1) 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 ninety (90) 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 (1) nonvoting member from a

recognized national audiology professional association and one (1)

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 or Executive Committee

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 therefor, 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 at the requesting person's expense. 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 four (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 15: APPLICABILITY TO KENTUCKY STATE GOVERNMENT

In order to clarify the effect of certain provisions of this Compact and to ensure that the

rights and responsibilities of the various branches of government are maintained, the

following shall be in effect in this state:

A. By entering into this Compact, this state authorizes the licensing board as defined in

Section 2.G. of this Compact and as created by KRS Chapter 334A to implement

the provisions of this Compact.

B. Notwithstanding any provision of this Compact to the contrary:

1. When a rule is adopted pursuant to Section 10 of this Compact, the licensing

board of this state as defined by Section 2.G. of this Compact shall have sixty

(60) days to review the rule for the purpose of filing the rule as an emergency

administrative regulation pursuant to KRS 13A.190 and for filing the rule as

an accompanying ordinary administrative regulation, following the

requirements of KRS Chapter 13A. Failure by the licensing board of this state

as defined by Section 2.G. of this Compact to promulgate a rule adopted by

the Audiology and Speech-Language Pathology Compact Commission as an

administrative regulation pursuant to KRS Chapter 13A shall result in the

initiation of the process for withdrawal as set forth in Section 12 of this

Compact. Nothing in these provisions shall negate the applicability and effect

of Section 10 of this Compact to this state.

2. If the proposed administrative regulation is found deficient and the deficiency

is not resolved pursuant to KRS 13A.330 or 13A.335, the provisions of

Section 11 of this Compact shall apply. If the procedures under Section 11 of

this Compact fail to resolve an issue, the provisions of Section 12 of this

Compact shall apply.

3. If the Audiology and Speech-Language Pathology Compact Commission

created by Section 8 of this Compact exercises its rulemaking authority in a

manner that is beyond the scope of the purposes of this Compact, or the

powers granted under this Compact, then such an action by the commission

shall be invalid and have no force or effect.

C. Section 8.F.8. of this Compact pertaining to the financing of the commission shall

not be interpreted to obligate the general fund of this state. Any funds used to

finance this Compact shall be from money collected pursuant to KRS 334A.120.

D. This Compact shall apply only to those audiologists or speech-language pathologists

who practice or work under a compact privilege.