AS Title 8, Chapter 11: Audiologists and Speech-language Pathologists

Article 1. Licensing and Disciplinary Sanctions. Chapter 11. Audiologists and Speech-language Pathologists. Sec. 08.11.010. Qualifications for audiologist license. The department shall issue a license to practice audiology to an individual who (1) is 18 years of age or older; (2) applies on a form provided by the department; (3) pays the fee required under AS 08.11.050 ; (4) furnishes evidence satisfactory to the department that the person (A) has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.11.080 ; (B) holds a master's degree or doctorate in audiology from an accredited educational institution approved by the department; and either has (i) a Certificate of Clinical Competence in Audiology from the American Speech-Language-Hearing Association or the equivalent of the certificate; or (ii) practiced audiology for two years as of January 1, 1986, or is in the process of completing the year of supervised clinical experience required for the Certificate of Clinical Competence of the American Speech-Language-Hearing Association; and (5) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 . Sec. 08.11.015. Qualifications for speech-language pathologist license. The department shall issue a license to practice speech-language pathology to an individual who (1) is 18 years of age or older; (2) applies on a form provided by the department; (3) pays the fee required under AS 08.11.050 ; (4) has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.11.085 ; (5) furnishes evidence satisfactory to the department that the person holds a Certificate of Clinical Competence in speech-language pathology from the American Speech-Language-Hearing Association or the equivalent of the certificate; and (6) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 . Sec. 08.11.017. Exemption from criminal justice information and criminal history record check. An audiologist or speech-language pathologist holding a valid license under this chapter on July 1, 2024, is exempt from the requirements of AS 08.11.010 (5) and 08.11.015(6), but is otherwise subject to this chapter. Sec. 08.11.020. Temporary license to practice audiology as an audiologist. (a) On receipt of the completed application the department shall issue a temporary license for the practice of audiology as an audiologist to an individual who is licensed to practice audiology in another state and has submitted to the department an application for a license under AS 08.11.010 . (b) The department may issue a temporary license to the following: (1) a nonresident for the practice of audiology as an audiologist in the state for 30 days or less in a calendar year, if the individual is licensed to practice audiology in another state, territory of the United States, foreign country, or province that has requirements for a license to practice audiology that are substantially equivalent to or higher than the requirements of AS 08.11.010 ; (2) a nonresident for the practice of audiology as an audiologist in the state for 30 days or less in a calendar year, if the individual meets the qualifications and requirements for a license under AS 08.11.010 , and resides in a state or territory of the United States or a foreign country or province that does not license individuals to practice audiology. (c) The department may impose by regulation additional limitations that it determines appropriate on a temporary license issued under this section. Sec. 08.11.025. Temporary license to practice speech-language pathology as a speech-language pathologist. (a) The department may issue a temporary license for the practice of speech-language pathology as a speech-language pathologist to an individual who is licensed to practice speech-language pathology in another state and has submitted to the department an application for a license and appropriate fees under AS 08.11.015 . (b) Subject to (c) and (d) of this section, the department may issue a temporary license to the following: (1) a nonresident for the practice of speech-language pathology as a speech-language pathologist in the state for 60 days or less in a calendar year, if the individual is licensed to practice speech-language pathology in another state, territory of the United States, foreign country, or province that has requirements for a license to practice speech-language pathology that are substantially equivalent to or higher than the requirements of AS 08.11.015 ; (2) a nonresident for the practice of speech-language pathology as a speech-language pathologist in the state for 60 days or less in a calendar year, if the individual meets the qualifications and requirements for a license under AS 08.11.015 and resides in a state or territory of the United States or a foreign country or province that does not license individuals to practice speech-language pathology; (3) a person, whether a resident or not, who is in the process of completing a year of supervised clinical experience required for a certificate of clinical competence in speech-language pathology from the American Speech-Language Hearing Association. (c) The department shall deny a temporary license to an applicant under (b) of this section if the board finds that the applicant has committed an act that is grounds for a disciplinary sanction under AS 08.11.085 . (d) The department may impose by regulation additional limitations that it determines appropriate on a temporary license issued under this section. Sec. 08.11.030. Reinstatement of lapsed license or registration; renewal of suspended license or registration. (a) [Repealed, § 49 ch 94 SLA 1987.] (b) [Repealed, § 49 ch 94 SLA 1987.] (c) The department may reinstate a lapsed license or registration if the license or registration has lapsed for less than two years and if the individual submits to the department an application for renewal and pays a delinquency fee in addition to the renewal fee. (d) A suspended license or registration is subject to expiration and must be renewed as provided in AS 08.01.100 , but the renewal does not entitle the individual while the license or registration remains suspended to practice audiology, speech-language pathology, or as a speech-language pathologist assistant, or to engage in other activity or conduct that violates the order or judgment that suspended the license. Sec. 08.11.040. Display of license. (a) An individual licensed to practice audiology as an audiologist or licensed to practice speech-language pathology as a speech-language pathologist in the state shall display the license in a prominent place at each place of business of the individual. (b) If an audiologist or speech-language pathologist has more than one place of business, the department shall, on request and payment of a fee, issue a duplicate license for each place of business of the individual. Sec. 08.11.042. Activities of speech-language pathologist assistant. (a) A person may not practice as a speech-language pathologist assistant in the state without registration under this chapter. (b) Except as provided in (e) of this section, a person registered under this chapter and who is under the immediate supervision of a person licensed as a speech-language pathologist in the state may perform treatment of a person who is medically fragile, as determined by the licensed speech-language pathologist, or who otherwise demonstrates a need for assistance with feeding or swallowing. (c) Except as provided in (b) and (e) of this section, a person registered under this chapter and who is under the direct supervision of a person licensed as a speech-language pathologist in the state may perform screening and treatment techniques or activities and assist the speech-language pathologist during assessments, research, in-service training, and public relations activities. (d) Except as provided in (b), (c), and (e) of this section, a person registered under this chapter and who is under the indirect supervision of a person licensed as a speech-language pathologist in the state may (1) perform screening and treatment activities, excluding interpretation, if the supervising speech-language pathologist has previously given instruction on the performance of those screening and treatment activities, has observed the assistant in the performance of those activities, and has determined that the speech-language pathologist assistant is competent to perform those activities; (2) conduct clerical tasks, including record keeping, documentation of a person's progress toward meeting established objectives as stated in the treatment plan or individualized education plan, scheduling, and equipment maintenance; (3) implement a documented treatment plan, individualized education plan, or protocol developed by the supervising speech-language pathologist; (4) sign treatment notes if the note is reviewed and cosigned by the supervising speech-language pathologist; and (5) discuss with the client and the client's family members or guardian behaviors observed by the speech-language pathologist assistant during treatment of the client when the behaviors are supported by documented objective data. (e) A registered speech-language pathologist assistant may not (1) administer diagnostic assessment tools, perform formal or informal evaluations, or interpret test or evaluation results; (2) participate in family conferences, on an interdisciplinary team, at a staff meeting, or at an individualized education plan meeting in which diagnostic information is interpreted or in which plans for a client's treatment are developed or reviewed without the presence of a licensed speech-language pathologist; (3) write, develop, or modify a client's treatment plan or individualized education plan; (4) assist a client without following a documented treatment plan or individualized education plan that has been prepared by a licensed and adequately trained speech-language pathologist; (5) sign a client record or billing record that does not contain the signature of a licensed speech-language pathologist; (6) select a person for speech-language pathology services; (7) provide counseling to a client or a client's family or guardian; (8) disclose clinical or confidential information, either orally, in writing, or by electronic means, to anyone not designated in writing to receive the communication by a licensed speech-language pathologist; or (9) perform screening of feeding or swallowing functions. Sec. 08.11.043. Qualifications for speech-language pathologist assistant registration. (a) The department shall register an individual as a speech-language pathologist assistant if the individual submits an application on a form approved by the department, pays the required fee, and (1) submits proof satisfactory to the department that the individual has successfully completed (A) an associate of applied science degree in disabilities with a speech-language support emphasis either from the University of Alaska Anchorage in affiliation with Prince William Sound Community College or from another approved program; or (B) a bachelor's degree in speech-language pathology from an accredited institution; and (2) submits proof satisfactory to the department that the individual has successfully completed 100 hours of field work supervised by a licensed speech-language pathologist. (b) Notwithstanding the requirements of (a) of this section, the department shall register an individual as a speech-language pathologist assistant if the individual provides proof satisfactory to the department that the individual has been employed in a position for at least one year preceding July 1, 2004, that includes the practice of speech-language pathologist assistant as set out in AS 08.11.042 and if the individual (1) submits an application on a form approved by the department; (2) pays the required fee; (3) submits proof satisfactory to the department that the individual has passed a competency-based checklist examination adopted by the department; and (4) submits a written recommendation from a licensed speech-language pathologist in support of the application. (c) The department shall maintain a registry of individuals registered under this section and shall notify an applicant in writing of a decision to approve or deny an application under this section. An approval is valid for two years, except as provided under AS 08.11.083 . (d) The department shall renew a valid registration issued under this chapter if the speech-language pathologist assistant submits a timely application on a form approved by the department accompanied by a sworn statement that the applicant has available documentation of approved continuing education consisting of 15 clock hours for the preceding two years. The department shall approve continuing education if the education is provided at state or regional conferences, workshops, formal in-service training, independent study programs, or a combination of these, and pertains to communication disorders. Sec. 08.11.045. Supervision of speech-language pathologist assistant. (a) A speech-language pathologist qualified under (b) of this section shall design and implement a plan for supervision of a speech-language pathologist assistant that protects the client and that maintains the highest possible standard of care. The amount of supervision required in the plan must be documented and must take into account the experience and skills of the speech-language pathologist assistant, the client's needs, the service setting, the tasks assigned, and the laws governing the activities of the speech-language pathologist assistant. A plan for supervision must provide for direct supervision of the speech-language pathologist assistant for at least 50 percent of the speech-language pathologist assistant services during the first 90 days of employment of the speech-language pathologist assistant and, after the first 90 days of employment, for at least 20 percent of the speech-language pathologist assistant services. (b) A speech-language pathologist is qualified to supervise a speech-language pathologist assistant only if the speech-language pathologist is familiar with all applicable laws and (1) is licensed under this chapter; or (2) has a valid Type A or Type C teaching certificate issued under AS 14.20 with an endorsement in speech-language pathology, speech and hearing sciences, or communication disorders. (c) A speech-language pathologist qualified under (b) of this section who agrees to supervise a speech-language pathologist assistant shall (1) monitor and evaluate the services provided and documentation completed by the speech-language pathologist assistant, including the competency level for the type of client and service site and compliance with all applicable laws; (2) assist the speech-language pathologist assistant in the development of a professional development plan that includes at least 15 clock hours of approved continuing education under AS 08.11.043 (d) biennially; and (3) direct the handling of emergencies by the speech-language pathologist assistant. (d) A speech-language pathologist may not supervise more than two individuals or carry a higher caseload of clients while supervising a speech-language pathologist assistant than when the speech-language pathologist was not supervising a speech-language pathologist assistant. Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for each of the following: (1) application; (2) credential review; (3) audiologist license and speech-language pathologist license; (4) temporary license; (5) renewal of license; (6) delinquency; (7) reinstatement; (8) duplicate license; (9) speech-language pathologist assistant registration application and renewal; (10) compact privilege. Sec. 08.11.070. Dealing in hearing aids. An audiologist may deal in hearing aids as a hearing aid dealer without being licensed as a hearing aid dealer under AS 08.55 , but shall comply with AS 08.55.050 , 08.55.070, 08.55.100, 08.55.110(a), 08.55.110(b)(3) and (c) — (h), and 08.55.130(7) — (13) when dealing in hearing aids. Sec. 08.11.080. Grounds for imposition of disciplinary sanctions on an audiologist. (a) After a hearing, the department may impose a disciplinary sanction on an audiologist when the department finds that the licensee (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of practicing audiology; (3) advertised professional services in a false or misleading manner; (4) has been convicted of a felony or other crime that affects the person's ability to continue to practice competently and safely; (5) continued to practice audiology after becoming unfit due to (A) professional incompetence; (B) use of drugs or alcohol in a manner that affects the person's ability to practice audiology competently and safely; (C) physical or mental disability; (6) permitted another person to use the licensee's license; (7) employed a person who does not have a valid current license to practice audiology to perform work as an audiologist covered by this chapter; (8) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department. (b) The department may not impose disciplinary sanctions on an audiologist for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the audiologist (1) or another licensed health care provider is available to provide follow-up care; (2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the audiologist is not the person's primary care provider and, if the person consents, the audiologist sends the records to the person's primary care provider; and (3) meets the requirements established by the department in regulation. (c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues. Sec. 08.11.083. Grounds for imposition of disciplinary sanctions on a speech-language pathologist assistant. (a) After a hearing, the department may impose a disciplinary sanction on a registered speech-language pathologist assistant when the department finds that the registrant (1) secured a registration through deceit, fraud, or intentional misrepresentation; (2) fraudulently or deceptively used a registration; (3) altered a registration; (4) sold, bartered, or offered to sell or barter a registration; (5) engaged in deceit, fraud, or intentional misrepresentation in the course of assisting in the practicing of speech-language pathology; (6) advertised speech-language services in a manner that is false, misleading, or deceptive; (7) has been convicted of a felony or other crime that affects the person's ability to continue to practice competently and safely, including a crime involving drugs or alcohol; (8) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral behavior in connection with the delivery of professional services to clients; (9) continued to practice speech-language pathology after becoming unfit due to (A) professional incompetence or gross negligence; (B) use of drugs or alcohol in a manner that affects the person's ability to practice speech-language pathology competently and safely; (C) a physical or mental disability; (10) permitted another person to use the registrant's registration; (11) has been disciplined by an official government body with jurisdiction over licensure, certification, or registration of a health care or teaching practice; a certified copy of the final disciplinary action constitutes conclusive evidence against the person; (12) failed to maintain confidentiality except as otherwise required or permitted by law; (13) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department. (b) The department may not impose disciplinary sanctions on a speech- language pathologist assistant for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the speech-language pathologist assistant (1) or another licensed health care provider is available to provide follow-up care; (2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist assistant is not the person's primary care provider and, if the person consents, the speech-language pathologist assistant sends the records to the person's primary care provider; and (3) meets the requirements established by the board in regulation. (c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues. Sec. 08.11.085. Grounds for imposition of disciplinary sanctions on a speech-language pathologist. (a) After a hearing, the department may impose a disciplinary sanction on a speech-language pathologist when the department finds that the licensee (1) secured a license or temporary license through deceit, fraud, or intentional misrepresentation; (2) fraudulently or deceptively used a license or temporary license; (3) altered a license or temporary license; (4) sold, bartered, or offered to sell or barter a license or temporary license; (5) engaged in deceit, fraud, or intentional misrepresentation in the course of practicing speech-language pathology; (6) advertised professional services in a false or misleading manner; (7) has been convicted of a felony or other crime that affects the person's ability to continue to practice competently and safely; (8) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral behavior in connection with the delivery of professional services to clients; (9) continued to practice speech-language pathology after becoming unfit due to (A) professional incompetence; (B) use of drugs or alcohol in a manner that affects the person's ability to practice speech-language pathology competently and safely; (C) a physical or mental disability; (10) permitted another person to use the licensee's license or temporary license; (11) employed a person who does not have a valid current license or temporary license to practice speech-language pathology to perform work as a speech-language pathologist covered by this chapter; (12) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department. (b) The department may not impose disciplinary sanctions on a speech- language pathologist for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the speech-language pathologist (1) or another licensed health care provider is available to provide follow-up care; (2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist is not the person's primary care provider and, if the person consents, the speech-language pathologist sends the records to the person's primary care provider; and (3) meets the requirements established by the board in regulation. (c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues. Sec. 08.11.090. Disciplinary sanctions. (a) When it finds that an audiologist has committed an act listed in AS 08.11.080 , that a speech-language pathologist has committed an act listed in AS 08.11.085 , or that a speech-language pathologist assistant has committed an act listed in AS 08.11.083 , the department may impose the following sanctions singly or in combination: (1) permanently revoke a license or registration to practice; (2) suspend a license or registration for a determinate period of time; (3) censure a licensee or registrant; (4) issue a letter of reprimand; (5) place a licensee or registrant on probationary status and require the licensee or registrant to (A) report regularly to the department on matters involving the basis of probation; (B) limit practice to those areas prescribed; (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the department to need improvement; (6) impose limitations or conditions on the practice of a licensee or registrant. (b) The department may withdraw a limitation, condition, or probationary status if it finds that the deficiency that required the sanction has been remedied. (c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public welfare and safety if the licensee continues to practice. An individual whose license is suspended under this subsection is entitled to a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) not later than seven days after the effective date of the order. The individual may appeal the suspension after the hearing to the superior court. (d) The department may reinstate a license or registration that has been suspended or revoked if the department finds after a hearing that the individual is able to practice with reasonable skill and safety. (e) One year after revocation of a license or registration issued under this chapter, the individual whose license or registration was revoked may reapply for the license or registration. The department may require an examination for reinstatement. (f) The department may place a registrant on probation, with the costs of probation to be borne by the registrant (1) in lieu of revocation or suspension; (2) upon the issuance of a registration to an individual who has been found guilty of unprofessional conduct but who otherwise qualifies for registration under this chapter; or (3) as a condition upon the reissuance or reinstatement of any registration that has been suspended or revoked by the department. (g) The department may require a registrant who has been placed on probation or who has been suspended to obtain additional professional training, including continuing education or clinical or field work. Sec. 08.11.095. Revocation of speech-language pathologist license. After a hearing, the department shall revoke the speech-language pathologist license of a person who does not continue to be able to furnish the evidence required for licensure under AS 08.11.015 (5). Sec. 08.11.100. Prohibited acts. (a) Unless a person is licensed or granted a compact privilege as an audiologist under this chapter, the person may not (1) practice audiology; (2) use a title indicating or representing that the person practices as an audiologist; (3) advertise that the person practices audiology. (b) Unless a person is licensed or granted a compact privilege as a speech-language pathologist under this chapter, the person may not (1) practice speech-language pathology; (2) use a title indicating or representing that the person practices as a speech-language pathologist; (3) advertise that the person practices speech-language pathology. Sec. 08.11.110. Penalty. A person who violates AS 08.11.100 is guilty of a class B misdemeanor. Sec. 08.11.120. Audiology exemptions. (a) This chapter does not apply to an individual who practices audiology consistent with the accepted standards and code of ethics of the individual's profession as part of the individual's duties as (1) a physician licensed under AS 08.64 ; (2) an employee of the federal government who is required to practice audiology during the employment, if (A) the employer maintains appropriate supervision of the individual's practice of audiology; (B) the individual practices audiology as part of the duties for which the individual is employed; (C) the individual practices audiology in the facility where the individual is employed or under the supervision of the federal governmental unit where the individual is employed; and (D) the individual does not render or offer to render audiology services to the public for compensation in addition to the salary the individual receives from the federal governmental unit; (3) a student, intern, or resident pursuing a course of study in audiology at an accredited college or a clinical training facility approved by the department, if the activities of the student, intern, or resident constitute part of a supervised course of study and the student, intern, or resident is designated as an “audiology intern,” “audiology trainee,” or other title approved by the department that clearly indicates that the person is training to be an audiologist. (b) Notwithstanding the provisions of this chapter, (1) a nurse licensed under AS 08.68 may perform hearing sensitivity evaluations; (2) an individual licensed as a hearing aid dealer under AS 08.55 may deal in hearing aids; (3) an individual holding a class A certificate issued by the Conference of Executives of American Schools of the Deaf may teach the hearing impaired; (4) an individual may engage in the testing of hearing as part of a hearing conservation program that complies with the regulations of the Occupational Safety and Health Administration of the federal government if the individual is certified to do the testing by a state or federal agency acceptable to the Occupational Safety and Health Administration; (5) an individual may perform hearing screening under AS 47.20.310 if authorized to do so under a protocol adopted under AS 47.20.310 (e) by the Department of Health. (c) An individual who is not an audiologist, but who is exempt under this section, may not use a title or description stating or implying that the person is an audiologist. (d) An individual exempt under (a)(2) of this section may consult with and disseminate research findings and scientific information to accredited academic institutions or governmental agencies, and offer lectures to the public for a fee, monetary or otherwise, without being licensed under this chapter. (e) An individual who is not licensed under this chapter but who teaches the practice of audiology in an audiologist training program at a college or university may use the title “audiologist” but may not practice audiology. Sec. 08.11.125. Speech-language pathology exemptions. (a) Except as otherwise specifically provided in this section, this chapter does not apply to an individual who practices speech-language pathology as part of the individual's duties as (1) a physician licensed under AS 08.64 ; (2) an employee of, or contractor with, a school district while practicing speech-language pathology for the school district; (3) a student, intern, or resident pursuing a course of study in speech-language pathology at an accredited college or a clinical training facility approved by the department if the activities of the student, intern, or resident constitute part of a supervised course of study and the student, intern, or resident is designated as a “speech-language pathology intern,” “speech-language pathology trainee,” or other title approved by the department that clearly indicates that the person is training to be a speech-language pathologist. (b) An individual who is not licensed as a speech-language pathologist but who is exempt under (a)(1) or (3) of this section may not use a title or description stating or implying that the person is a speech-language pathologist. (c) An individual who is not licensed under this chapter but who teaches the practice of speech-language pathology in a speech-language pathology training program at a college or university may use the title “speech-language pathologist” but may not practice speech-language pathology. Sec. 08.11.130. Administrative Procedure Act. AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter. Sec. 08.11.200. Definitions. In this chapter, unless the context indicates otherwise, (1) “audiologist” means an individual who is licensed under AS 08.11.010 to practice audiology in the state; (2) “dealing in hearing aids” has the meaning given in AS 08.55.200 ; (3) “department” means the Department of Commerce, Community, and Economic Development; (4) “direct supervision” means supervision that is on-site or available by visual or real-time electronic means through which a supervising speech-language pathologist observes and guides a speech-language pathologist assistant while the assistant performs a clinical activity; “direct supervision” may include demonstration, coaching, and observation to the extent that the demonstration, coaching, or observation otherwise meets the requirements of this paragraph; (5) “hearing aid” has the meaning given in AS 08.55.200 ; (6) “immediate supervision” means supervision in the physical presence of the speech-language pathologist assistant during the provision of client services by the speech-language pathologist assistant; (7) “indirect supervision” means supervision by telephonic or electronic means or by intermittent on-site visits while located either inside or outside of the facility in which the speech-language pathologist assistant is located; “indirect supervision” may include demonstrations, record review, evaluation of audiotaped or videotaped client services, or communication by telephone or electronic mail to the extent that these activities otherwise meet the requirements of this paragraph; (8) “practice of audiology” means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, habilitation, rehabilitation, counseling, and instruction related to hearing and hearing impairment for the purpose of modifying communicative disorders involving speech, language, auditory function, including auditory training, speech reading and the recommendation, evaluation, fitting, and sale of hearing aids, including the fitting of ear molds; (9) “practice of speech-language pathology” means the application of principles, methods, and procedures related to the development and disorders of human communication, including (A) screening for, identifying, assessing, interpreting, diagnosing, rehabilitating, and preventing disorders of speech, such as disorders related to articulation, fluency, voice, and language; (B) screening for, identifying, assessing, interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function or dysphagia or related disorders; (C) screening for, identifying, assessing, interpreting, diagnosing, and rehabilitating cognitive and communication disorders; (D) assessing, selecting, and developing augmentative and alternative communication systems and providing training in their use; (E) providing aural rehabilitation and related counseling services to hearing impaired individuals and their families; (F) enhancing speech-language proficiency and communication effectiveness, such as accent reduction; and (G) screening of hearing and other factors for the purpose of speech-language evaluation or the initial identification of individuals with other communication disorders, if judgments and descriptive statements about the results of the screening are limited to pass-fail determinations; (10) “screening” means a procedure in which a client is identified by either “pass” or “fail” for purposes of necessitating further evaluation of speech, language, or hearing; (11) “speech-language pathologist” means an individual who is licensed under AS 08.11.015 to practice speech-language pathology in the state; (12) “supervision” means the provision of direction and evaluation of the tasks assigned. Article 2. Audiology and Speech-Language Interstate Compact. Sec. 08.11.300. Audiology and speech-language interstate compact enacted. The Department of Commerce, Community, and Economic Development shall implement the audiology and speech-language interstate compact enacted under this section. 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: (1) “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. (2) “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. (3) “Alternative program” means a non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. (4) “Audiologist” means an individual who is licensed by a state to practice audiology. (5) “Audiology” means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. (6) “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. (7) “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. (8) “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. (9) “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. (10) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action. (11) “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). (12) “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. (13) “Home state” means the member state that is the licensee's primary state of residence. (14) “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. (15) “Licensee” means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech- language pathologist. (16) “Member state” means a state that has enacted the Compact. (17) “Privilege to practice” means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state. (18) “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. (19) “Rule” means a regulation, principle or directive promulgated by the Commission that has the force of law. (20) “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. (21) “Speech-language pathologist” means an individual who is licensed by a state to practice speech-language pathology. (22) “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. (23) “State” means any state, commonwealth, district or territory of the United States of America that regulates the practice of audiology and speech-language pathology. (24) “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. (25) “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 is housed in an institution of higher education outside of the United States (i) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and (ii) 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; (6) Has a valid United States Social Security or National Practitioner Identification number. (f) For a speech-language pathologist: (1) Must meet one of the following educational requirements:

(A) Has graduated with a master's degree from a speech- language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or (B) Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program. (2) Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission; (3) Has completed a supervised postgraduate professional experience as required by the Commission; (4) Has successfully passed a national examination approved by the Commission; (5) Holds an active, unencumbered license; (6) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; (7) Has a valid United States Social Security or National Practitioner Identification number. (g) The privilege to practice is derived from the home state license. (h) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws of the member state in which the client is located at the time service is provided. (i) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license. (j) Member states may charge a fee for granting a compact privilege. (k) Member states must comply with the bylaws and rules and regulations of the Commission. SECTION 4. COMPACT PRIVILEGE (a) To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall: (1) Hold an active license in the home state; (2) Have no encumbrance on any state license; (3) Be eligible for a compact privilege in any member state in accordance with Section 3; (4) Have not had any adverse action against any license or compact privilege within the previous 2 years from date of application; (5) Notify the Commission that the licensee is seeking the compact privilege within a remote state(s); (6) Pay any applicable fees, including any state fee, for the compact privilege; (7) Report to the Commission adverse action taken by any non- member state within 30 days from the date the adverse action is taken. (b) For the purposes of the compact privilege, an audiologist or speech- language pathologist shall only hold one home state license at a time. (c) Except as provided in Section 6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission. (d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence. (e) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state. (f) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state. (g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of Section 4(a) to maintain the compact privilege in the remote state. (h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. (j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur: (1) The home state license is no longer encumbered; and (2) Two years have elapsed from the date of the adverse action. (k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4(a) to obtain a compact privilege in any remote state. (l) Once the requirements of Section 4(j) have been met, the licensee must meet the requirements in Section 4(a) 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. 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 an 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 coordinated licensure information 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, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by 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 shall be an audiologist and one shall be a speech-language pathologist. (2) An additional five (5) delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at Large. (3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (4) The member state board shall fill any vacancy occurring on the Commission, within 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; (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 Executive Committee (1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact; (2) The Executive Committee shall be composed of 10 members: (A) Seven voting members who are elected by the Commission from the current membership of the Commission; (B) Two ex-officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and (C) One ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards. (e) The ex-officio members shall be selected by their respective organizations. (1) The Commission may remove any member of the Executive Committee as provided in bylaws. (2) The Executive Committee shall meet at least annually. (3) The Executive Committee shall have the following duties and responsibilities: (A) Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege; (B) Ensure Compact administration services are appropriately provided, contractual or otherwise; (C) Prepare and recommend the budget; (D) Maintain financial records on behalf of the Commission; (E) Monitor Compact compliance of member states and provide compliance reports to the Commission; (F) Establish additional committees as necessary; and (G) Other duties as provided in rules or bylaws. (4) Meetings of the Commission. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 10. (5) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss: (A) Non-compliance of a member state with its obligations under the Compact; (B) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (C) Current, threatened, or reasonably anticipated litigation; (D) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (E) Accusing any person of a crime or formally censuring any person; (F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (H) Disclosure of investigative records compiled for law enforcement purposes; (I) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or (J) Matters specifically exempted from disclosure by federal or member state statute. (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. (7) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of 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. (f) Qualified Immunity, Defense, and Indemnification (1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. (2) The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. SECTION 9. DATA SYSTEM (a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including: (1) Identifying information; (2) Licensure data; (3) Adverse actions against a license or compact privilege; (4) Non-confidential information related to alternative program participation; (5) Any denial of application for licensure, and the reason(s) for denial; and (6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission. (c) Investigative information pertaining to a licensee in any member state shall only be available to other member states. (d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state. (e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. SECTION 10. RULEMAKING (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, the rule shall have no further force and effect in any member state. (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. (d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty 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 on request. (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.