HB 80 — An Act authorizing the Commonwealth of Pennsylvania to join the Audiology and Speech-Language Pathology Interstate Compact; and providing for the form of the compact.

PRINTER'S NO.   31

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 80
                                              Session of
                                                2025

     INTRODUCED BY VENKAT, MARCELL, HOWARD, SANCHEZ, BOROWSKI,
        PIELLI, HILL-EVANS, HANBIDGE, HADDOCK, SCHLOSSBERG, FRANKEL,
        HOHENSTEIN, FREEMAN, HARKINS, SHUSTERMAN, CEPEDA-FREYTIZ,
        KENYATTA, SAPPEY, PROBST, DONAHUE AND OTTEN, JANUARY 10, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
        JANUARY 10, 2025


                                   AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the
 2      Audiology and Speech-Language Pathology Interstate Compact;
 3      and providing for the form of the compact.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Audiology and
 8   Speech-Language Pathology Interstate Compact Act.
 9   Section 2.   Authority to execute compact.
10      The Governor, on behalf of the Commonwealth, is hereby
11   authorized to execute a compact in substantially the following
12   form with any one or more of the states of the United States,
13   and the General Assembly hereby signifies in advance its
14   approval and ratification of such compact:
15   SECTION 1.   PURPOSE
16      The purpose of this Compact is to facilitate interstate
17   practice of audiology and speech-language pathology with the
 1   goal of improving public access to audiology and speech-language
 2   pathology services. The practice of audiology and speech-
 3   language pathology occurs in the state where the
 4   patient/client/student is located at the time of the
 5   patient/client/student encounter. This Compact preserves the
 6   regulatory authority of states to protect public health and
 7   safety through the current system of state licensure. This
 8   Compact is designed to achieve the following purposes and
 9   objectives:
10          1.     Increase public access to audiology and speech-
11      language pathology services by providing for the mutual
12      recognition of other member state licenses;
13          2.     Enhance the states' ability to protect the public's
14      health and safety;
15          3.     Encourage the cooperation of member states in
16      regulating multistate audiology and speech-language pathology
17      practice;
18          4.     Support spouses of relocating active duty military
19      personnel;
20          5.     Enhance the exchange of licensure, investigative and
21      disciplinary information between member states;
22          6.     Allow a remote state to hold a provider of services
23      with a compact privilege in that state accountable to that
24      state's practice standards; and
25          7.     Allow for the use of telehealth technology to
26      facilitate increased access to audiology and speech-language
27      pathology services.
28   SECTION 2.     DEFINITIONS
29      As used in this Compact, and except as otherwise provided,
30   the following definitions shall apply:

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 1      A.   "Active Duty Military" means:    full-time duty status in
 2   the active uniformed service of the United States, including
 3   members of the National Guard and Reserve on active duty orders
 4   pursuant to 10 U.S.C. Chapters 1209 (relating to active duty)
 5   and 1211 (relating to national guard members in federal
 6   service).
 7      B.   "Adverse Action" means:   any administrative, civil,
 8   equitable or criminal action permitted by a state's laws which
 9   is imposed by a licensing board or other authority against an
10   audiologist or speech-language pathologist, including actions
11   against an individual's license or privilege to practice such as
12   revocation, suspension, probation, monitoring of the licensee,
13   or restriction on the licensee's practice.
14      C.   "Alternative Program" means:    a non-disciplinary
15   monitoring process approved by an audiology or speech-language
16   pathology licensing board to address impaired practitioners.
17      D.   "Audiologist" means:   an individual who is licensed by a
18   state to practice audiology.
19      E.   "Audiology" means:   the care and services provided by a
20   licensed audiologist as set forth in the member state's statutes
21   and rules.
22      F.   "Audiology and Speech-Language Pathology Compact
23   Commission" or "Commission" means:     the national administrative
24   body whose membership consists of all states that have enacted
25   the Compact.
26      G.   "Audiology and Speech-Language Pathology Licensing
27   Board," "Audiology Licensing Board," "Speech-Language Pathology
28   Licensing Board," or "Licensing Board" means:    the agency of a
29   state that is responsible for the licensing and regulation of
30   audiologists and/or speech-language pathologists.

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 1      H.   "Compact Privilege" means:      the authorization granted by
 2   a remote state to allow a licensee from another member state to
 3   practice as an audiologist or speech-language pathologist in the
 4   remote state under its laws and rules. The practice of audiology
 5   or speech-language pathology occurs in the member state where
 6   the patient/client/student is located at the time of the
 7   patient/client/student encounter.
 8      I.   "Current Significant Investigative Information" means:
 9   investigative information that a licensing board, after an
10   inquiry or investigation that includes notification and an
11   opportunity for the audiologist or speech-language pathologist
12   to respond, if required by state law, has reason to believe is
13   not groundless and, if proved true, would indicate more than a
14   minor infraction.
15      J.   "Data System" means:    a repository of information about
16   licensees, including, but not limited to, continuing education,
17   examination, licensure, investigative, compact privilege and
18   adverse action.
19      K.   "Encumbered License" means:     a license in which an
20   adverse action restricts the practice of audiology or speech-
21   language pathology by the licensee and said adverse action has
22   been reported to the National Practitioner Data Bank (NPDB).
23      L.   "Executive Committee" means:     a group of directors
24   elected or appointed to act on behalf of, and within the powers
25   granted to them by, the Commission.
26      M.   "Home State" means:    the member state that is the
27   licensee's primary state of residence.
28      N.   "Impaired Practitioner" means:     individuals whose
29   professional practice is adversely affected by substance abuse,
30   addiction, or other health-related conditions.

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 1      O.   "Licensee" means:    an individual who currently holds an
 2   authorization from the state licensing board to practice as an
 3   audiologist or speech-language pathologist.
 4      P. "Member State" means:     a state that has enacted the
 5   Compact.
 6      Q.   "Privilege to Practice" means:    a legal authorization
 7   permitting the practice of audiology or speech-language
 8   pathology in a remote state.
 9      R.   "Remote State" means:    a member state other than the home
10   state where a licensee is exercising or seeking to exercise the
11   compact privilege.
12      S.   "Rule" means:    a regulation, principle or directive
13   promulgated by the Commission that has the force of law.
14      T.   "Single-State License" means:    an audiology or speech-
15   language pathology license issued by a member state that
16   authorizes practice only within the issuing state and does not
17   include a privilege to practice in any other member state.
18      U.   "Speech-Language Pathologist" means:    an individual who
19   is licensed by a state to practice speech-language pathology.
20      V.   "Speech-Language Pathology" means:    the care and services
21   provided by a licensed speech-language pathologist as set forth
22   in the member state's statutes and rules.
23      W.   "State" means:    any state, commonwealth, district or
24   territory of the United States of America that regulates the
25   practice of audiology and speech-language pathology.
26      X.   "State Practice Laws" means:    a member state's laws,
27   rules and regulations that govern the practice of audiology or
28   speech-language pathology, define the scope of audiology or
29   speech-language pathology practice, and create the methods and
30   grounds for imposing discipline.

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 1      Y.   "Telehealth" means:   the application of telecommunication
 2   technology to deliver audiology or speech-language pathology
 3   services at a distance for assessment, intervention and/or
 4   consultation.
 5   SECTION 3.   STATE PARTICIPATION IN THE COMPACT
 6      A.   A license issued to an audiologist or speech-language
 7   pathologist by a home state to a resident in that state shall be
 8   recognized by each member state as authorizing an audiologist or
 9   speech-language pathologist to practice audiology or speech-
10   language pathology, under a privilege to practice, in each
11   member state.
12      B.   A state must implement or utilize procedures for
13   considering the criminal history records of applicants for
14   initial privilege to practice. These procedures shall include
15   the submission of fingerprints or other biometric-based
16   information by applicants for the purpose of obtaining an
17   applicant's criminal history record information from the Federal
18   Bureau of Investigation and the agency responsible for retaining
19   that state's criminal records:
20           1.   A member state must fully implement a criminal
21      background check requirement, within a time frame established
22      by rule, by receiving the results of the Federal Bureau of
23      Investigation record search on criminal background checks and
24      use the results in making licensure decisions; and
25           2.   Communication between a member state, the Commission
26      and among member states regarding the verification of
27      eligibility for licensure through the Compact shall not
28      include any information received from the Federal Bureau of
29      Investigation relating to a federal criminal records check
30      performed by a member state under the Federal Bureau of

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 1      Investigation appropriation of Title II of Public Law 92-544,
 2      86 Stat. 1115.
 3      C.   Upon application for a privilege to practice, the
 4   licensing board in the issuing remote state shall ascertain,
 5   through the data system, whether the applicant has ever held, or
 6   is the holder of, a license issued by any other state, whether
 7   there are any encumbrances on any license or privilege to
 8   practice held by the applicant, whether any adverse action has
 9   been taken against any license or privilege to practice held by
10   the applicant.
11      D.   Each member state shall require an applicant to obtain or
12   retain a license in the home state and meet the home state's
13   qualifications for licensure or renewal of licensure, as well
14   as, all other applicable state laws.
15      E.   For an audiologist:
16           1.   Must meet one of the following educational
17      requirements:
18                a.   On or before, December 31, 2007, has graduated
19           with a master's degree or doctorate in audiology, or
20           equivalent degree regardless of degree name, from a
21           program that is accredited by an accrediting agency
22           recognized by the Council for Higher Education
23           Accreditation, or its successor, or by the United States
24           Department of Education and operated by a college or
25           university accredited by a regional or national
26           accrediting organization recognized by the board; or
27                b.   On or after, January 1, 2008, has graduated with
28           a Doctoral degree in audiology, or equivalent degree,
29           regardless of degree name, from a program that is
30           accredited by an accrediting agency recognized by the

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 1         Council for Higher Education Accreditation, or its
 2         successor, or by the United States Department of
 3         Education and operated by a college or university
 4         accredited by a regional or national accrediting
 5         organization recognized by the board; or
 6              c.   Has graduated from an audiology program that is
 7         housed in an institution of higher education outside of
 8         the United States (a) for which the program and
 9         institution have been approved by the authorized
10         accrediting body in the applicable country and (b) the
11         degree program has been verified by an independent
12         credentials review agency to be comparable to a state
13         licensing board-approved program.
14         2.   Has completed a supervised clinical practicum
15    experience from an accredited educational institution or its
16    cooperating programs as required by the Commission;
17         3.   Has successfully passed a national examination
18    approved by the Commission;
19         4.   Holds an active, unencumbered license;
20         5.   Has not been convicted or found guilty, and has not
21    entered into an agreed disposition, of a felony related to
22    the practice of audiology, under applicable state or federal
23    criminal law; and
24         6.   Has a valid United States Social Security or National
25    Practitioner Identification number.
26    F.   For a speech-language pathologist:
27         1.   Must meet one of the following educational
28    requirements:
29              a.   Has graduated with a master's degree from a
30         speech-language pathology program that is accredited by

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 1           an organization recognized by the United States
 2           Department of Education and operated by a college or
 3           university accredited by a regional or national
 4           accrediting organization recognized by the board; or
 5                b.   Has graduated from a speech-language pathology
 6           program that is housed in an institution of higher
 7           education outside of the United States:
 8                         (a)    for which the program and institution
 9                     have been approved by the authorized accrediting
10                     body in the applicable country; and
11                         (b)    the degree program has been verified by
12                     an independent credentials review agency to be
13                     comparable to a state licensing board-approved
14                     program.
15           2.   Has completed a supervised clinical practicum
16      experience from an educational institution or its cooperating
17      programs as required by the Commission;
18           3.   Has completed a supervised postgraduate professional
19      experience as required by the Commission;
20           4.   Has successfully passed a national examination
21      approved by the Commission;
22           5.   Holds an active, unencumbered license;
23           6.   Has not been convicted or found guilty, and has not
24      entered into an agreed disposition, of a felony related to
25      the practice of speech-language pathology, under applicable
26      state or federal criminal law;
27           7.   Has a valid United States Social Security or National
28      Practitioner Identification number.
29      G.   The privilege to practice is derived from the home state
30   license.

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 1      H.   An audiologist or speech-language pathologist practicing
 2   in a member state must comply with the state practice laws of
 3   the state in which the client is located at the time service is
 4   provided. The practice of audiology and speech-language
 5   pathology shall include all audiology and speech-language
 6   pathology practice as defined by the state practice laws of the
 7   member state in which the client is located. The practice of
 8   audiology and speech-language pathology in a member state under
 9   a privilege to practice shall subject an audiologist or speech-
10   language pathologist to the jurisdiction of the licensing board,
11   the courts and the laws of the member state in which the client
12   is located at the time service is provided.
13      I.   Individuals not residing in a member state shall continue
14   to be able to apply for a member state's single-state license as
15   provided under the laws of each member state. However, the
16   single-state license granted to these individuals shall not be
17   recognized as granting the privilege to practice audiology or
18   speech-language pathology in any other member state. Nothing in
19   this Compact shall affect the requirements established by a
20   member state for the issuance of a single-state license.
21      J.   Member states may charge a fee for granting a compact
22   privilege.
23      K.   Member states must comply with the bylaws and rules and
24   regulations of the Commission.
25   SECTION 4.   COMPACT PRIVILEGE
26      A.   To exercise the compact privilege under the terms and
27   provisions of the Compact, the audiologist or speech-language
28   pathologist shall:
29           1.   Hold an active license in the home state;
30           2.   Have no encumbrance on any state license;

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 1           3.    Be eligible for a compact privilege in any member
 2      state in accordance with Section 3;
 3           4.    Have not had any adverse action against any license
 4      or compact privilege within the previous two years from date
 5      of application;
 6           5.    Notify the Commission that the licensee is seeking
 7      the compact privilege within a remote state(s);
 8           6.    Pay any applicable fees, including any state fee, for
 9      the compact privilege;
10           7.    Report to the Commission adverse action taken by any
11      non-member state within 30 days from the date the adverse
12      action is taken.
13      B.   For the purposes of the compact privilege, an audiologist
14   or speech-language pathologist shall only hold one home state
15   license at a time.
16      C.   Except as provided in Section 6, if an audiologist or
17   speech-language pathologist changes primary state of residence
18   by moving between two-member states, the audiologist or speech-
19   language pathologist must apply for licensure in the new home
20   state, and the license issued by the prior home state shall be
21   deactivated in accordance with applicable rules adopted by the
22   Commission.
23      D.   The audiologist or speech-language pathologist may apply
24   for licensure in advance of a change in primary state of
25   residence.
26      E.   A license shall not be issued by the new home state until
27   the audiologist or speech-language pathologist provides
28   satisfactory evidence of a change in primary state of residence
29   to the new home state and satisfies all applicable requirements
30   to obtain a license from the new home state.

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 1      F.    If an audiologist or speech-language pathologist changes
 2   primary state of residence by moving from a member state to a
 3   non-member state, the license issued by the prior home state
 4   shall convert to a single-state license, valid only in the
 5   former home state.
 6      G.    The compact privilege is valid until the expiration date
 7   of the home state license. The licensee must comply with the
 8   requirements of Section 4A to maintain the compact privilege in
 9   the remote state.
10      H.    A licensee providing audiology or speech-language
11   pathology services in a remote state under the compact privilege
12   shall function within the laws and regulations of the remote
13   state.
14      I.    A licensee providing audiology or speech-language
15   pathology services in a remote state is subject to that state's
16   regulatory authority. A remote state may, in accordance with due
17   process and that state's laws, remove a licensee's compact
18   privilege in the remote state for a specific period of time,
19   impose fines, and/or take any other necessary actions to protect
20   the health and safety of its citizens.
21      J.    If a home state license is encumbered, the licensee shall
22   lose the compact privilege in any remote state until the
23   following occur:
24            1.   The home state license is no longer encumbered; and
25            2.   Two years have elapsed from the date of the adverse
26      action.
27      K.    Once an encumbered license in the home state is restored
28   to good standing, the licensee must meet the requirements of
29   Section 4A to obtain a compact privilege in any remote state.
30      L.    Once the requirements of Section 4J have been met, the

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 1   licensee must meet the requirements in Section 4A to obtain a
 2   compact privilege in a remote state.
 3   SECTION 5.    COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
 4      Member states shall recognize the right of an audiologist or
 5   speech-language pathologist, licensed by a home state in
 6   accordance with Section 3 and under rules promulgated by the
 7   Commission, to practice audiology or speech-language pathology
 8   in any member state via telehealth under a privilege to practice
 9   as provided in the Compact and rules promulgated by the
10   Commission.
11   SECTION 6.    ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
12      Active duty military personnel, or their spouse, shall
13   designate a home state where the individual has a current
14   license in good standing. The individual may retain the home
15   state designation during the period the service member is on
16   active duty. Subsequent to designating a home state, the
17   individual shall only change their home state through
18   application for licensure in the new state.
19   SECTION 7.    ADVERSE ACTIONS
20      A.   In addition to the other powers conferred by state law, a
21   remote state shall have the authority, in accordance with
22   existing state due process law, to:
23           1.    Take adverse action against an audiologist's or
24      speech-language pathologist's privilege to practice within
25      that member state.
26           2.    Issue subpoenas for both hearings and investigations
27      that require the attendance and testimony of witnesses as
28      well as the production of evidence. Subpoenas issued by a
29      licensing board in a member state for the attendance and
30      testimony of witnesses or the production of evidence from

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 1      another member state shall be enforced in the latter state by
 2      any court of competent jurisdiction, according to the
 3      practice and procedure of that court applicable to subpoenas
 4      issued in proceedings pending before it. The issuing
 5      authority shall pay any witness fees, travel expenses,
 6      mileage and other fees required by the service statutes of
 7      the state in which the witnesses or evidence are located.
 8           3.   Only the home state shall have the power to take
 9      adverse action against a audiologist's or speech-language
10      pathologist's license issued by the home state.
11      B.   For purposes of taking adverse action, the home state
12   shall give the same priority and effect to reported conduct
13   received from a member state as it would if the conduct had
14   occurred within the home state. In so doing, the home state
15   shall apply its own state laws to determine appropriate action.
16      C.   The home state shall complete any pending investigations
17   of an audiologist or speech-language pathologist who changes
18   primary state of residence during the course of the
19   investigations. The home state shall also have the authority to
20   take appropriate action(s) and shall promptly report the
21   conclusions of the investigations to the administrator of the
22   data system. The administrator of the coordinated licensure
23   information system shall promptly notify the new home state of
24   any adverse actions.
25      D.   If otherwise permitted by state law, the member state may
26   recover from the affected audiologist or speech-language
27   pathologist the costs of investigations and disposition of cases
28   resulting from any adverse action taken against that audiologist
29   or speech-language pathologist.
30      E.   The member state may take adverse action based on the

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 1   factual findings of the remote state, provided that the member
 2   state follows the member state's own procedures for taking the
 3   adverse action.
 4      F.    Joint Investigations
 5            1.   In addition to the authority granted to a member
 6      state by its respective audiology or speech-language
 7      pathology practice act or other applicable state law, any
 8      member state may participate with other member states in
 9      joint investigations of licensees.
10            2.   Member states shall share any investigative,
11      litigation, or compliance materials in furtherance of any
12      joint or individual investigation initiated under the
13      Compact.
14      G.    If adverse action is taken by the home state against an
15   audiologist's or speech-language pathologist's license, the
16   audiologist's or speech-language pathologist's privilege to
17   practice in all other member states shall be deactivated until
18   all encumbrances have been removed from the state license. All
19   home state disciplinary orders that impose adverse action
20   against an audiologist's or speech-language pathologist's
21   license shall include a statement that the audiologist's or
22   speech-language pathologist's privilege to practice is
23   deactivated in all member states during the pendency of the
24   order.
25      H.    If a member state takes adverse action, it shall promptly
26   notify the administrator of the data system. The administrator
27   of the data system shall promptly notify the home state of any
28   adverse actions by remote states.
29      I.    Nothing in this Compact shall override a member state's
30   decision that participation in an alternative program may be

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 1   used in lieu of adverse action.
 2   SECTION 8.   ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
 3                PATHOLOGY COMPACT COMMISSION
 4      A.   The Compact member states hereby create and establish a
 5   joint public agency known as the Audiology and Speech-Language
 6   Pathology Compact Commission:
 7           1.   The Commission is an instrumentality of the Compact
 8      states.
 9           2.   Venue is proper and judicial proceedings by or
10      against the Commission shall be brought solely and
11      exclusively in a court of competent jurisdiction where the
12      principal office of the Commission is located. The Commission
13      may waive venue and jurisdictional defenses to the extent it
14      adopts or consents to participate in alternative dispute
15      resolution proceedings.
16           3.   Nothing in this Compact shall be construed to be a
17      waiver of sovereign immunity.
18      B.   Membership, Voting and Meetings
19           1.   Each member state shall have two (2) delegates
20      selected by that member state's licensing board. The
21      delegates shall be current members of the licensing board.
22      One shall be an audiologist and one shall be a speech-
23      language pathologist.
24           2.   An additional five (5) delegates, who are either a
25      public member or board administrator from a state licensing
26      board, shall be chosen by the Executive Committee from a pool
27      of nominees provided by the Commission at Large.
28           3.   Any delegate may be removed or suspended from office
29      as provided by the law of the state from which the delegate
30      is appointed.

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 1             4.   The member state board shall fill any vacancy
 2      occurring on the Commission, within 90 days.
 3             5.   Each delegate shall be entitled to one (1) vote with
 4      regard to the promulgation of rules and creation of bylaws
 5      and shall otherwise have an opportunity to participate in the
 6      business and affairs of the Commission.
 7             6.   A delegate shall vote in person or by other means as
 8      provided in the bylaws. The bylaws may provide for delegates'
 9      participation in meetings by telephone or other means of
10      communication.
11             7.   The Commission shall meet at least once during each
12      calendar year. Additional meetings shall be held as set forth
13      in the bylaws.
14      C.     The Commission shall have the following powers and
15   duties:
16             1.   Establish the fiscal year of the Commission;
17             2.   Establish bylaws;
18             3.   Establish a Code of Ethics;
19             4.   Maintain its financial records in accordance with the
20      bylaws;
21             5.   Meet and take actions as are consistent with the
22      provisions of this Compact and the bylaws;
23             6.   Promulgate uniform rules to facilitate and coordinate
24      implementation and administration of this Compact. The rules
25      shall have the force and effect of law and shall be binding
26      in all member states;
27             7.   Bring and prosecute legal proceedings or actions in
28      the name of the Commission, provided that the standing of any
29      state audiology or speech-language pathology licensing board
30      to sue or be sued under applicable law shall not be affected;

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 1        8.    Purchase and maintain insurance and bonds;
 2        9.    Borrow, accept, or contract for services of
 3    personnel, including, but not limited to, employees of a
 4    member state;
 5        10.     Hire employees, elect or appoint officers, fix
 6    compensation, define duties, grant individuals appropriate
 7    authority to carry out the purposes of the Compact, and to
 8    establish the Commission's personnel policies and programs
 9    relating to conflicts of interest, qualifications of
10    personnel, and other related personnel matters;
11        11.     Accept any and all appropriate donations and grants
12    of money, equipment, supplies, materials and services, and to
13    receive, utilize and dispose of the same; provided that at
14    all times the Commission shall avoid any appearance of
15    impropriety and/or conflict of interest;
16        12.     Lease, purchase, accept appropriate gifts or
17    donations of, or otherwise to own, hold, improve or use, any
18    property, real, personal or mixed; provided that at all times
19    the Commission shall avoid any appearance of impropriety;
20        13.     Sell convey, mortgage, pledge, lease, exchange,
21    abandon, or otherwise dispose of any property real, personal,
22    or mixed;
23        14.     Establish a budget and make expenditures;
24        15.     Borrow money;
25        16.     Appoint committees, including standing committees
26    composed of members, and other interested persons as may be
27    designated in this Compact and the bylaws;
28        17.     Provide and receive information from, and cooperate
29    with, law enforcement agencies;
30        18.     Establish and elect an Executive Committee; and

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 1           19.    Perform other functions as may be necessary or
 2      appropriate to achieve the purposes of this Compact
 3      consistent with the state regulation of audiology and speech-
 4      language pathology licensure and practice.
 5      D.   The Executive Committee
 6      The Executive Committee shall have the power to act on behalf
 7   of the Commission according to the terms of this Compact:
 8           1.    The Executive Committee shall be composed of ten (10)
 9      members:
10                 a.   Seven (7) voting members who are elected by the
11           Commission from the current membership of the Commission;
12                 b.   Two (2) ex-officios, consisting of one nonvoting
13           member from a recognized national audiology professional
14           association and one nonvoting member from a recognized
15           national speech-language pathology association; and
16                 c.   One (1) ex-officio, nonvoting member from the
17           recognized membership organization of the audiology and
18           speech-language pathology licensing boards.
19      E.   The ex-officio members shall be selected by their
20   respective organizations.
21           1.    The Commission may remove any member of the Executive
22      Committee as provided in bylaws.
23           2.    The Executive Committee shall meet at least annually.
24           3.    The Executive Committee shall have the following
25      duties and responsibilities:
26                 a.   Recommend to the entire Commission changes to the
27           rules or bylaws, changes to this Compact legislation,
28           fees paid by Compact member states such as annual dues,
29           and any commission Compact fee charged to licensees for
30           the compact privilege;

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 1             b.   Ensure Compact administration services are
 2        appropriately provided, contractual or otherwise;
 3             c.   Prepare and recommend the budget;
 4             d.   Maintain financial records on behalf of the
 5        Commission;
 6             e.   Monitor Compact compliance of member states and
 7        provide compliance reports to the Commission;
 8             f.   Establish additional committees as necessary; and
 9             g.   Other duties as provided in rules or bylaws.
10        4.   Meetings of the Commission
11        All meetings shall be open to the public, and public
12    notice of meetings shall be given in the same manner as
13    required under the rulemaking provisions in Section 10.
14        5.   The Commission or the Executive Committee or other
15    committees of the Commission may convene in a closed, non-
16    public meeting if the Commission or Executive Committee or
17    other committees of the Commission must discuss:
18             a.   Non-compliance of a member state with its
19        obligations under the Compact;
20             b.   The employment, compensation, discipline or other
21        matters, practices or procedures related to specific
22        employees or other matters related to the Commission's
23        internal personnel practices and procedures;
24             c.   Current, threatened, or reasonably anticipated
25        litigation;
26             d.   Negotiation of contracts for the purchase, lease,
27        or sale of goods, services, or real estate;
28             e.   Accusing any person of a crime or formally
29        censuring any person;
30             f.   Disclosure of trade secrets or commercial or

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 1        financial information that is privileged or confidential;
 2             g.   Disclosure of information of a personal nature
 3        where disclosure would constitute a clearly unwarranted
 4        invasion of personal privacy;
 5             h.   Disclosure of investigative records compiled for
 6        law enforcement purposes;
 7             i.   Disclosure of information related to any
 8        investigative reports prepared by or on behalf of or for
 9        use of the Commission or other committee charged with
10        responsibility of investigation or determination of
11        compliance issues pursuant to the Compact; or
12             j.   Matters specifically exempted from disclosure by
13        federal or member state statute.
14        6.   If a meeting, or portion of a meeting, is closed
15    pursuant to this provision, the Commission's legal counsel or
16    designee shall certify that the meeting may be closed and
17    shall reference each relevant exempting provision.
18        7.   The Commission shall keep minutes that fully and
19    clearly describe all matters discussed in a meeting and shall
20    provide a full and accurate summary of actions taken, and the
21    reasons therefore, including a description of the views
22    expressed. All documents considered in connection with an
23    action shall be identified in minutes. All minutes and
24    documents of a closed meeting shall remain under seal,
25    subject to release by a majority vote of the Commission or
26    order of a court of competent jurisdiction.
27        8.   Financing of the Commission
28             a.   The Commission shall pay, or provide for the
29        payment of, the reasonable expenses of its establishment,
30        organization, and ongoing activities.

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 1               b.   The Commission may accept any and all appropriate
 2         revenue sources, donations, and grants of money,
 3         equipment, supplies, materials, and services.
 4               c.   The Commission may levy on and collect an annual
 5         assessment from each member state or impose fees on other
 6         parties to cover the cost of the operations and
 7         activities of the Commission and its staff, which must be
 8         in a total amount sufficient to cover its annual budget
 9         as approved each year for which revenue is not provided
10         by other sources. The aggregate annual assessment amount
11         shall be allocated based upon a formula to be determined
12         by the Commission, which shall promulgate a rule binding
13         upon all member states.
14         9.    The Commission shall not incur obligations of any
15    kind prior to securing the funds adequate to meet the same;
16    nor shall the Commission pledge the credit of any of the
17    member states, except by and with the authority of the member
18    state.
19         10.   The Commission shall keep accurate accounts of all
20    receipts and disbursements. The receipts and disbursements of
21    the Commission shall be subject to the audit and accounting
22    procedures established under its bylaws. However, all
23    receipts and disbursements of funds handled by the Commission
24    shall be audited yearly by a certified or licensed public
25    accountant, and the report of the audit shall be included in
26    and become part of the annual report of the Commission.
27    F.   Qualified Immunity, Defense, and Indemnification
28         1.    The members, officers, executive director, employees
29    and representatives of the Commission shall be immune from
30    suit and liability, either personally or in their official

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 1    capacity, for any claim for damage to or loss of property or
 2    personal injury or other civil liability caused by or arising
 3    out of any actual or alleged act, error or omission that
 4    occurred, or that the person against whom the claim is made
 5    had a reasonable basis for believing occurred within the
 6    scope of Commission employment, duties or responsibilities;
 7    provided that nothing in this paragraph shall be construed to
 8    protect any person from suit and/or liability for any damage,
 9    loss, injury, or liability caused by the intentional or
10    willful or wanton misconduct of that person.
11        2.   The Commission shall defend any member, officer,
12    executive director, employee or representative of the
13    Commission in any civil action seeking to impose liability
14    arising out of any actual or alleged act, error, or omission
15    that occurred within the scope of Commission employment,
16    duties, or responsibilities, or that the person against whom
17    the claim is made had a reasonable basis for believing
18    occurred within the scope of Commission employment, duties,
19    or responsibilities; provided that nothing herein shall be
20    construed to prohibit that person from retaining his or her
21    own counsel; and provided further, that the actual or alleged
22    act, error, or omission did not result from that person's
23    intentional or willful or wanton misconduct.
24        3.   The Commission shall indemnify and hold harmless any
25    member, officer, executive director, employee, or
26    representative of the Commission for the amount of any
27    settlement or judgment obtained against that person arising
28    out of any actual or alleged act, error or omission that
29    occurred within the scope of Commission employment, duties,
30    or responsibilities, or that person had a reasonable basis

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 1      for believing occurred within the scope of Commission
 2      employment, duties, or responsibilities, provided that the
 3      actual or alleged act, error, or omission did not result from
 4      the intentional or willful or wanton misconduct of that
 5      person.
 6   SECTION 9.     DATA SYSTEM
 7      A.     The Commission shall provide for the development,
 8   maintenance, and utilization of a coordinated database and
 9   reporting system containing licensure, adverse action, and
10   investigative information on all licensed individuals in member
11   states.
12      B.     Notwithstanding any other provision of state law to the
13   contrary, a member state shall submit a uniform data set to the
14   data system on all individuals to whom this Compact is
15   applicable as required by the rules of the Commission,
16   including:
17             1.   Identifying information;
18             2.   Licensure data;
19             3.   Adverse actions against a license or compact
20      privilege;
21             4.   Non-confidential information related to alternative
22      program participation;
23             5.   Any denial of application for licensure, and the
24      reason(s) for denial; and
25             6.   Other information that may facilitate the
26      administration of this Compact, as determined by the rules of
27      the Commission.
28      C.     Investigative information pertaining to a licensee in any
29   member state shall only be available to other member states.
30      D.     The Commission shall promptly notify all member states of

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 1   any adverse action taken against a licensee or an individual
 2   applying for a license. Adverse action information pertaining to
 3   a licensee in any member state shall be available to any other
 4   member state.
 5      E.   Member states contributing information to the data system
 6   may designate information that may not be shared with the public
 7   without the express permission of the contributing state.
 8      F.   Any information submitted to the data system that is
 9   subsequently required to be expunged by the laws of the member
10   state contributing the information shall be removed from the
11   data system.
12   SECTION 10.    RULEMAKING
13      A.   The Commission shall exercise its rulemaking powers
14   pursuant to the criteria set forth in this Section and the rules
15   adopted thereunder. Rules and amendments shall become binding as
16   of the date specified in each rule or amendment.
17      B.   If a majority of the legislatures of the member states
18   rejects a rule, by enactment of a statute or resolution in the
19   same manner used to adopt the Compact within 4 years of the date
20   of adoption of the rule, the rule shall have no further force
21   and effect in any member state.
22      C.   Rules or amendments to the rules shall be adopted at a
23   regular or special meeting of the Commission.
24      D.   Prior to promulgation and adoption of a final rule or
25   rules by the Commission, and at least thirty (30) days in
26   advance of the meeting at which the rule shall be considered and
27   voted upon, the Commission shall file a Notice of Proposed
28   Rulemaking:
29           1.    On the website of the Commission or other publicly
30      accessible platform; and

20250HB0080PN0031                    - 25 -
 1           2.    On the website of each member state audiology or
 2      speech-language pathology licensing board or other publicly
 3      accessible platform or the publication in which each state
 4      would otherwise publish proposed rules.
 5      E.   The Notice of Proposed Rulemaking shall include:
 6           1.    The proposed time, date, and location of the meeting
 7      in which the rule shall be considered and voted upon;
 8           2.    The text of the proposed rule or amendment and the
 9      reason for the proposed rule;
10           3.    A request for comments on the proposed rule from any
11      interested person; and
12           4.    The manner in which interested persons may submit
13      notice to the Commission of their intention to attend the
14      public hearing and any written comments.
15      F.   Prior to the adoption of a proposed rule, the Commission
16   shall allow persons to submit written data, facts, opinions and
17   arguments, which shall be made available to the public.
18      G.   The Commission shall grant an opportunity for a public
19   hearing before it adopts a rule or amendment if a hearing is
20   requested by:
21           1.    At least twenty-five (25) persons;
22           2.    A federal or state or governmental subdivision or
23      agency; or
24           3.    An association having at least twenty-five (25)
25      members.
26      H.   If a hearing is held on the proposed rule or amendment,
27   the Commission shall publish the place, time, and date of the
28   scheduled public hearing. If the hearing is held via electronic
29   means, the Commission shall publish the mechanism for access to
30   the electronic hearing.

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 1           1.   All persons wishing to be heard at the hearing shall
 2      notify the executive director of the Commission or other
 3      designated member in writing of their desire to appear and
 4      testify at the hearing not less than five (5) business days
 5      before the scheduled date of the hearing.
 6           2.   Hearings shall be conducted in a manner providing
 7      each person who wishes to comment a fair and reasonable
 8      opportunity to comment orally or in writing.
 9           3.   All hearings shall be recorded. A copy of the
10      recording shall be made available on request.
11           4.   Nothing in this section shall be construed as
12      requiring a separate hearing on each rule. Rules may be
13      grouped for the convenience of the Commission at hearings
14      required by this section.
15      I.   Following the scheduled hearing date, or by the close of
16   business on the scheduled hearing date if the hearing was not
17   held, the Commission shall consider all written and oral
18   comments received.
19      J.   If no written notice of intent to attend the public
20   hearing by interested parties is received, the Commission may
21   proceed with promulgation of the proposed rule without a public
22   hearing.
23      K.   The Commission shall, by majority vote of all members,
24   take final action on the proposed rule and shall determine the
25   effective date of the rule, if any, based on the rulemaking
26   record and the full text of the rule.
27      L.   Upon determination that an emergency exists, the
28   Commission may consider and adopt an emergency rule without
29   prior notice, opportunity for comment, or hearing, provided that
30   the usual rulemaking procedures provided in the Compact and in

20250HB0080PN0031                   - 27 -
 1   this section shall be retroactively applied to the rule as soon
 2   as reasonably possible, in no event later than ninety (90) days
 3   after the effective date of the rule. For the purposes of this
 4   provision, an emergency rule is one that must be adopted
 5   immediately in order to:
 6           1.    Meet an imminent threat to public health, safety, or
 7      welfare;
 8           2.    Prevent a loss of Commission or member state funds;
 9      or
10           3.    Meet a deadline for the promulgation of an
11      administrative rule that is established by federal law or
12      rule.
13      M.   The Commission or an authorized committee of the
14   Commission may direct revisions to a previously adopted rule or
15   amendment for purposes of correcting typographical errors,
16   errors in format, errors in consistency, or grammatical errors.
17   Public notice of any revisions shall be posted on the website of
18   the Commission. The revision shall be subject to challenge by
19   any person for a period of thirty (30) days after posting. The
20   revision may be challenged only on grounds that the revision
21   results in a material change to a rule. A challenge shall be
22   made in writing and delivered to the chair of the Commission
23   prior to the end of the notice period. If no challenge is made,
24   the revision shall take effect without further action. If the
25   revision is challenged, the revision may not take effect without
26   the approval of the Commission.
27   SECTION 11.    OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
28      A.   Dispute Resolution
29           1.    Upon request by a member state, the Commission shall
30      attempt to resolve disputes related to the Compact that arise

20250HB0080PN0031                    - 28 -
 1      among member states and between member and non-member states.
 2           2.    The Commission shall promulgate a rule providing for
 3      both mediation and binding dispute resolution for disputes as
 4      appropriate.
 5      B.   Enforcement
 6           1.    The Commission, in the reasonable exercise of its
 7      discretion, shall enforce the provisions and rules of this
 8      Compact.
 9           2.    By majority vote, the Commission may initiate legal
10      action in the United States District Court for the District
11      of Columbia or the federal district where the Commission has
12      its principal offices against a member state in default to
13      enforce compliance with the provisions of the Compact and its
14      promulgated rules and bylaws. The relief sought may include
15      both injunctive relief and damages. In the event judicial
16      enforcement is necessary, the prevailing member shall be
17      awarded all costs of litigation, including reasonable
18      attorney's fees.
19           3.    The remedies herein shall not be the exclusive
20      remedies of the Commission. The Commission may pursue any
21      other remedies available under federal or state law.
22   SECTION 12.    DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
23                 FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE
24                 AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
25      A.   The Compact shall come into effect on the date on which
26   the Compact statute is enacted into law in the 10th member
27   state. The provisions, which become effective at that time,
28   shall be limited to the powers granted to the Commission
29   relating to assembly and the promulgation of rules. Thereafter,
30   the Commission shall meet and exercise rulemaking powers

20250HB0080PN0031                    - 29 -
 1   necessary to the implementation and administration of the
 2   Compact.
 3      B.   Any state that joins the Compact subsequent to the
 4   Commission's initial adoption of the rules shall be subject to
 5   the rules as they exist on the date on which the Compact becomes
 6   law in that state. Any rule that has been previously adopted by
 7   the Commission shall have the full force and effect of law on
 8   the day the Compact becomes law in that state.
 9      C.   Any member state may withdraw from this Compact by
10   enacting a statute repealing the same.
11           1.    A member state's withdrawal shall not take effect
12      until six (6) months after enactment of the repealing
13      statute.
14           2.    Withdrawal shall not affect the continuing
15      requirement of the withdrawing state's audiology or speech-
16      language pathology licensing board to comply with the
17      investigative and adverse action reporting requirements of
18      this act prior to the effective date of withdrawal.
19      D.   Nothing contained in this Compact shall be construed to
20   invalidate or prevent any audiology or speech-language pathology
21   licensure agreement or other cooperative arrangement between a
22   member state and a non-member state that does not conflict with
23   the provisions of this Compact.
24      E.   This Compact may be amended by the member states. No
25   amendment to this Compact shall become effective and binding
26   upon any member state until it is enacted into the laws of all
27   member states.
28   SECTION 13.    CONSTRUCTION AND SEVERABILITY
29      This Compact shall be liberally construed so as to effectuate
30   the purposes thereof. The provisions of this Compact shall be

20250HB0080PN0031                    - 30 -
 1   severable and if any phrase, clause, sentence or provision of
 2   this Compact is declared to be contrary to the constitution of
 3   any member state or of the United States or the applicability
 4   thereof to any government, agency, person or circumstance is
 5   held invalid, the validity of the remainder of this Compact and
 6   the applicability thereof to any government, agency, person or
 7   circumstance shall not be affected thereby. If this Compact
 8   shall be held contrary to the constitution of any member state,
 9   the Compact shall remain in full force and effect as to the
10   remaining member states and in full force and effect as to the
11   member state affected as to all severable matters.
12   SECTION 14.    BINDING EFFECT OF COMPACT AND OTHER LAWS
13      A.    Nothing herein prevents the enforcement of any other law
14   of a member state that is not inconsistent with the Compact.
15      B.    All laws in a member state in conflict with the Compact
16   are superseded to the extent of the conflict.
17      C.    All lawful actions of the Commission, including all rules
18   and bylaws promulgated by the Commission, are binding upon the
19   member states.
20      D.    All agreements between the Commission and the member
21   states are binding in accordance with their terms.
22      E.    In the event any provision of the Compact exceeds the
23   constitutional limits imposed on the legislature of any member
24   state, the provision shall be ineffective to the extent of the
25   conflict with the constitutional provision in question in that
26   member state.
27   Section 3.    Operation.
28      (a)    General rule.--When the Governor executes the Audiology
29   and Speech-Language Pathology Interstate Compact on behalf of
30   this State and files a verified copy with the Secretary of the

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 1   Commonwealth and when the compact is ratified by one or more
 2   other states, districts or territories of the United States, the
 3   compact shall become operative and effective between this State
 4   and the other states, districts or territories of the United
 5   States. The Governor is authorized and directed to take action
 6   as may be necessary to complete the exchange of official
 7   documents between this State and any other state, district or
 8   territory of the United States ratifying the compact.
 9      (b)   Notice in Pennsylvania Bulletin.--The Secretary of the
10   Commonwealth shall transmit a notice to the Legislative
11   Reference Bureau for publication in the next available issue of
12   the Pennsylvania Bulletin when the conditions specified in
13   subsection (a) are satisfied and shall include in the notice the
14   date on which the compact became effective and operative between
15   this State and any other states, districts or territories of the
16   United States in accordance with this act.
17   Section 4.   Effective date.
18      This act shall take effect in 60 days.




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