HB4409 - Relating to the audiology and speech-language pathology interstate compact; authorizing fees.

  89R43 SCP-D     By: Oliverson H.B. No. 4409       A BILL TO BE ENTITLED   AN ACT   relating to the audiology and speech-language pathology interstate   compact; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 401, Occupations Code, is amended by   adding Subchapter L to read as follows:   SUBCHAPTER L. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE   COMPACT           Sec.   401.551.     AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY   INTERSTATE COMPACT. The Audiology and Speech-Language Pathology   Interstate Compact is enacted and entered into with all other   jurisdictions that legally join in the compact, which reads as   follows:   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. Chapter 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   technology to deliver audiology or speech-language pathology   services at a distance for assessment, intervention and/or   consultation.   SECTION 3. STATE PARTICIPATION IN THE COMPACT           A.     A license issued to an audiologist or speech-language   pathologist by a home state to a resident in that state shall be   recognized by each member state as authorizing an audiologist or   speech-language pathologist to practice audiology or   speech-language pathology, under a privilege to practice, in each   member state.           B.     A state must implement or utilize procedures for   considering the criminal history records of applicants for initial   privilege to practice. These procedures shall include the   submission of fingerprints or other biometric-based information by   applicants for the purpose of obtaining an applicant's criminal   history record information from the Federal Bureau of Investigation   and the agency responsible for retaining that state's criminal   records                 1.     A member state must fully implement a criminal   background check requirement, within a time frame established by   rule, by receiving the results of the Federal Bureau of   Investigation record search on criminal background checks and use   the results in making licensure decisions.                 2.     Communication between a member state, the   Commission and among member states regarding the verification of   eligibility for licensure through the Compact shall not include any   information received from the Federal Bureau of Investigation   relating to a federal criminal records check performed by a member   state under 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   [Text truncated for display. Full text available on Congress.gov.]