Illinois General Assembly - Full Text of HB3264
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Full Text of HB3264  103rd General Assembly

HB3264 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3264

 

Introduced 2/17/2023, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
New Act
225 ILCS 110/4.3 new

    Creates the Audiology and Speech-Language Pathology Interstate Compact Act. Enters into the compact, which may be entered into by any state, commonwealth, district, or territory of the United States of America, in order to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services, along with other stated objectives. Defines terms. Provides that 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. Contains other provisions relating to: state participation in the compact; compact privilege, including practicing telehealth; designation of home state by active military or their spouses; taking adverse actions against audiologists and speech-language pathologists; creation of the Audiology and Speech-Language Pathology Compact Commission, including rulemaking authority; database and reporting system; oversight, dispute resolution, and enforcement; construction and severability; and the binding effect of compact and other laws. Provides that the Compact shall come into effect on the date on which the Compact is enacted into law in the 10th member state, commonwealth, district, or territory. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that, if the Audiology and Speech-Language Pathology Interstate Compact becomes law, the Department of Financial and Professional Regulation shall revise its rules related to implementing and enforcing the Illinois Speech-Language Pathology and Audiology Practice Act to be in conformance with the Compact, if necessary. Provides that the Department shall also make recommendations in a report to the General Assembly as to what portions of the Act and other laws should be modified, if at all, to be consistent with the Compact.


LRB103 30793 AWJ 57285 b

 

 

A BILL FOR

 

HB3264LRB103 30793 AWJ 57285 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Audiology and Speech-Language Pathology Interstate Compact
6Act.
 
7    Section 5. Execution of compact. The Audiology and
8Speech-Language Pathology Interstate Compact is hereby enacted
9into law and entered into with any state, commonwealth,
10district or territory of the United States of America which
11legally joins in substantially the following form:
 
12
"SECTION 1: PURPOSE
13    The purpose of this Compact is to facilitate interstate
14practice of audiology and speech-language pathology with the
15goal of improving public access to audiology and
16speech-language pathology services. The practice of audiology
17and speech-language pathology occurs in the state where the
18patient/client/student is located at the time of the
19patient/client/student encounter. The Compact preserves the
20regulatory authority of states to protect public health and
21safety through the current system of state licensure.
22    This Compact is designed to achieve the following

 

 

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1objectives:
2        1. Increase public access to audiology and
3    speech-language pathology services by providing for the
4    mutual recognition of other member state licenses;
5        2. Enhance the states' ability to protect the public's
6    health and safety;
7        3. Encourage the cooperation of member states in
8    regulating multistate audiology and speech-language
9    pathology practice;
10        4. Support spouses of relocating active duty military
11    personnel;
12        5. Enhance the exchange of licensure, investigative
13    and disciplinary information between member states;
14        6. Allow a remote state to hold a provider of services
15    with a compact privilege in that state accountable to that
16    state's practice standards; and
17        7. Allow for the use of telehealth technology to
18    facilitate increased access to audiology and
19    speech-language pathology services.
20
SECTION 2: DEFINITIONS
21    As used in this Compact, and except as otherwise provided,
22the following definitions shall apply:
23    A. "Active duty military" means full-time duty status in
24the active uniformed service of the United States, including
25members of the National Guard and Reserve on active duty
26orders pursuant to 10 U.S.C. Section 1209 and 1211.

 

 

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1    B. "Adverse action" means any administrative, civil,
2equitable or criminal action permitted by a state's laws which
3is imposed by a licensing board or other authority against an
4audiologist or speech-language pathologist, including actions
5against an individual's license or privilege to practice such
6as revocation, suspension, probation, monitoring of the
7licensee, or restriction on the licensee's practice.
8    C. "Alternative program" means a non-disciplinary
9monitoring process approved by an audiology or speech-language
10pathology licensing board to address impaired practitioners.
11    D. "Audiologist" means an individual who is licensed by a
12state to practice audiology.
13    E. "Audiology" means the care and services provided by a
14licensed audiologist as set forth in the member state's
15statutes and rules.
16    F. "Audiology and Speech-Language Pathology Compact
17Commission" or "Commission" means the national administrative
18body whose membership consists of all states that have enacted
19the Compact.
20    G. "Audiology and speech-language pathology licensing
21board," "audiology licensing board," "speech-language
22pathology licensing board," or "licensing board" means the
23agency of a state that is responsible for the licensing and
24regulation of audiologists and/or speech-language
25pathologists.
26    H. "Compact privilege" means the authorization granted by

 

 

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

 

 

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1licensee's primary state of residence.
2    N. "Impaired practitioner" means individuals whose
3professional practice is adversely affected by substance
4abuse, addiction, or other health-related conditions.
5    O. "Licensee" means an individual who currently holds an
6authorization from the state licensing board to practice as an
7audiologist or speech-language pathologist.
8    P. "Member state" means a state that has enacted the
9Compact.
10    Q. "Privilege to practice" means a legal authorization
11permitting the practice of audiology or speech-language
12pathology in a remote state.
13    R. "Remote state" means a member state other than the home
14state where a licensee is exercising or seeking to exercise
15the compact privilege.
16    S. "Rule" means a regulation, principle or directive
17promulgated by the Commission that has the force of law.
18    T. "Single-state license" means an audiology or
19speech-language pathology license issued by a member state
20that authorizes practice only within the issuing state and
21does not include a privilege to practice in any other member
22state.
23    U. "Speech-language pathologist" means an individual who
24is licensed by a state to practice speech-language pathology.
25    V. "Speech-language pathology" means the care and services
26provided by a licensed speech-language pathologist as set

 

 

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1forth in the member state's statutes and rules.
2    W. "State" means any state, commonwealth, district or
3territory of the United States of America that regulates the
4practice of audiology and speech-language pathology.
5    X. "State practice laws" means a member state's laws,
6rules and regulations that govern the practice of audiology or
7speech-language pathology, define the scope of audiology or
8speech-language pathology practice, and create the methods and
9grounds for imposing discipline.
10    Y. "Telehealth" means the application of telecommunication
11technology to deliver audiology or speech-language pathology
12services at a distance for assessment, intervention and/or
13consultation.
14
SECTION 3. STATE PARTICIPATION IN THE COMPACT
15    A. A license issued to an audiologist or speech-language
16pathologist by a home state to a resident in that state shall
17be recognized by each member state as authorizing an
18audiologist or speech-language pathologist to practice
19audiology or speech-language pathology, under a privilege to
20practice, in each member state.
21    B. A state must implement or utilize procedures for
22considering the criminal history records of applicants for
23initial privilege to practice. These procedures shall include
24the submission of fingerprints or other biometric-based
25information by applicants for the purpose of obtaining an
26applicant's criminal history record information from the

 

 

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1Federal Bureau of Investigation and the agency responsible for
2retaining that state's criminal records.
3        1. A member state must fully implement a criminal
4    background check requirement, within a time frame
5    established by rule, by receiving the results of the
6    Federal Bureau of Investigation record search on criminal
7    background checks and use the results in making licensure
8    decisions.
9        2. Communication between a member state, the
10    Commission and among member states regarding the
11    verification of eligibility for licensure through the
12    Compact shall not include any information received from
13    the Federal Bureau of Investigation relating to a federal
14    criminal records check performed by a member state under
15    Public Law 92-544.
16    C. Upon application for a privilege to practice, the
17licensing board in the issuing remote state shall ascertain,
18through the data system, whether the applicant has ever held,
19or is the holder of, a license issued by any other state,
20whether there are any encumbrances on any license or privilege
21to practice held by the applicant, whether any adverse action
22has been taken against any license or privilege to practice
23held by the applicant.
24    D. Each member state shall require an applicant to obtain
25or retain a license in the home state and meet the home state's
26qualifications for licensure or renewal of licensure, as well

 

 

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1as, all other applicable state laws.
2    E. For an audiologist:
3        1. Must meet one of the following educational
4    requirements:
5            a. On or before, Dec. 31, 2007, has graduated with
6        a master's degree or doctorate in audiology, or
7        equivalent degree regardless of degree name, from a
8        program that is accredited by an accrediting agency
9        recognized by the Council for Higher Education
10        Accreditation, or its successor, or by the United
11        States Department of Education and operated by a
12        college or university accredited by a regional or
13        national accrediting organization recognized by the
14        board; or
15            b. On or after, Jan. 1, 2008, has graduated with a
16        Doctoral degree in audiology, or equivalent degree,
17        regardless of degree name, from a program that is
18        accredited by an accrediting agency recognized by the
19        Council for Higher Education Accreditation, or its
20        successor, or by the United States Department of
21        Education and operated by a college or university
22        accredited by a regional or national accrediting
23        organization recognized by the board; or
24            c. Has graduated from an audiology program that is
25        housed in an institution of higher education outside
26        of the United States (a) for which the program and

 

 

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

 

 

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

 

 

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1practice laws of the state in which the client is located at
2the time service is provided. The practice of audiology and
3speech-language pathology shall include all audiology and
4speech-language pathology practice as defined by the state
5practice laws of the member state in which the client is
6located. The practice of audiology and speech-language
7pathology in a member state under a privilege to practice
8shall subject an audiologist or speech-language pathologist to
9the jurisdiction of the licensing board, the courts and the
10laws of the member state in which the client is located at the
11time service is provided.
12    I. Individuals not residing in a member state shall
13continue to be able to apply for a member state's single-state
14license as provided under the laws of each member state.
15However, the single-state license granted to these individuals
16shall not be recognized as granting the privilege to practice
17audiology or speech-language pathology in any other member
18state. Nothing in this Compact shall affect the requirements
19established by a member state for the issuance of a
20single-state license.
21    J. Member states may charge a fee for granting a compact
22privilege.
23    K. Member states must comply with the bylaws and rules and
24regulations of the Commission.
25
SECTION 4. COMPACT PRIVILEGE
26    A. To exercise the compact privilege under the terms and

 

 

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1provisions of the Compact, the audiologist or speech-language
2pathologist shall:
3        1. Hold an active license in the home state;
4        2. Have no encumbrance on any state license;
5        3. Be eligible for a compact privilege in any member
6    state in accordance with Section 3;
7        4. Have not had any adverse action against any license
8    or compact privilege within the previous 2 years from date
9    of application;
10        5. Notify the Commission that the licensee is seeking
11    the compact privilege within a remote state(s);
12        6. Pay any applicable fees, including any state fee,
13    for the compact privilege;
14        7. Report to the Commission adverse action taken by
15    any non-member state within 30 days from the date the
16    adverse action is taken.
17    B. For the purposes of the compact privilege, an
18audiologist or speech-language pathologist shall only hold one
19home state license at a time.
20    C. Except as provided in Section 6, if an audiologist or
21speech-language pathologist changes primary state of residence
22by moving between two-member states, the audiologist or
23speech-language pathologist must apply for licensure in the
24new home state, and the license issued by the prior home state
25shall be deactivated in accordance with applicable rules
26adopted by the Commission.

 

 

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1    D. The audiologist or speech-language pathologist may
2apply for licensure in advance of a change in primary state of
3residence.
4    E. A license shall not be issued by the new home state
5until the audiologist or speech-language pathologist provides
6satisfactory evidence of a change in primary state of
7residence to the new home state and satisfies all applicable
8requirements to obtain a license from the new home state.
9    F. If an audiologist or speech-language pathologist
10changes primary state of residence by moving from a member
11state to a non-member state, the license issued by the prior
12home state shall convert to a single-state license, valid only
13in the former home state.
14    G. The compact privilege is valid until the expiration
15date of the home state license. The licensee must comply with
16the requirements of Section 4A to maintain the compact
17privilege in the remote state.
18    H. A licensee providing audiology or speech-language
19pathology services in a remote state under the compact
20privilege shall function within the laws and regulations of
21the remote state.
22    I. A licensee providing audiology or speech-language
23pathology services in a remote state is subject to that
24state's regulatory authority. A remote state may, in
25accordance with due process and that state's laws, remove a
26licensee's compact privilege in the remote state for a

 

 

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1specific period of time, impose fines, and/or take any other
2necessary actions to protect the health and safety of its
3citizens.
4    J. If a home state license is encumbered, the licensee
5shall lose the compact privilege in any remote state until the
6following occur:
7        1. The home state license is no longer encumbered; and
8        2. Two years have elapsed from the date of the adverse
9    action.
10    K. Once an encumbered license in the home state is
11restored to good standing, the licensee must meet the
12requirements of Section 4A to obtain a compact privilege in
13any remote state.
14    L. Once the requirements of Section 4J have been met, the
15licensee must meet the requirements in Section 4A to obtain a
16compact privilege in a remote state.
17
SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
18    Member states shall recognize the right of an audiologist
19or speech-language pathologist, licensed by a home state in
20accordance with Section 3 and under rules promulgated by the
21Commission, to practice audiology or speech-language pathology
22in any member state via telehealth under a privilege to
23practice as provided in the Compact and rules promulgated by
24the Commission.
25
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
26    Active duty military personnel, or their spouse, shall

 

 

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1designate a home state where the individual has a current
2license in good standing. The individual may retain the home
3state designation during the period the service member is on
4active duty. Subsequent to designating a home state, the
5individual shall only change their home state through
6application for licensure in the new state.
7
SECTION 7. ADVERSE ACTIONS
8    A. In addition to the other powers conferred by state law,
9a remote state shall have the authority, in accordance with
10existing state due process law, to:
11        1. Take adverse action against an audiologist's or
12    speech-language pathologist's privilege to practice within
13    that member state.
14        2. Issue subpoenas for both hearings and
15    investigations that require the attendance and testimony
16    of witnesses as well as the production of evidence.
17    Subpoenas issued by a licensing board in a member state
18    for the attendance and testimony of witnesses or the
19    production of evidence from another member state shall be
20    enforced in the latter state by any court of competent
21    jurisdiction, according to the practice and procedure of
22    that court applicable to subpoenas issued in proceedings
23    pending before it. The issuing authority shall pay any
24    witness fees, travel expenses, mileage and other fees
25    required by the service statutes of the state in which the
26    witnesses or evidence are located.

 

 

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1        3. Only the home state shall have the power to take
2    adverse action against an audiologist's or speech-language
3    pathologist's license issued by the home state.
4    B. For purposes of taking adverse action, the home state
5shall give the same priority and effect to reported conduct
6received from a member state as it would if the conduct had
7occurred within the home state. In so doing, the home state
8shall apply its own state laws to determine appropriate
9action.
10    C. The home state shall complete any pending
11investigations of an audiologist or speech-language
12pathologist who changes primary state of residence during the
13course of the investigations. The home state shall also have
14the authority to take appropriate action(s) and shall promptly
15report the conclusions of the investigations to the
16administrator of the data system. The administrator of the
17coordinated licensure information system shall promptly notify
18the new home state of any adverse actions.
19    D. If otherwise permitted by state law, recover from the
20affected audiologist or speech-language pathologist the costs
21of investigations and disposition of cases resulting from any
22adverse action taken against that audiologist or
23speech-language pathologist.
24    E. Take adverse action based on the factual findings of
25the remote state, provided that the home state follows its own
26procedures for taking the adverse action.

 

 

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

 

 

HB3264- 18 -LRB103 30793 AWJ 57285 b

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

 

 

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1    licensing board, shall be chosen by the Executive
2    Committee from a pool of nominees provided by the
3    Commission at Large.
4        3. Any delegate may be removed or suspended from
5    office as provided by the law of the state from which the
6    delegate is appointed.
7        4. The member state board shall fill any vacancy
8    occurring on the Commission, within 90 days.
9        5. Each delegate shall be entitled to one (1) vote
10    with regard to the promulgation of rules and creation of
11    bylaws and shall otherwise have an opportunity to
12    participate in the business and affairs of the Commission.
13        6. A delegate shall vote in person or by other means as
14    provided in the bylaws. The bylaws may provide for
15    delegates' participation in meetings by telephone or other
16    means of communication.
17        7. The Commission shall meet at least once during each
18    calendar year. Additional meetings shall be held as set
19    forth in the bylaws.
20    C. The Commission shall have the following powers and
21duties:
22        1. Establish the fiscal year of the Commission;
23        2. Establish bylaws;
24        3. Establish a Code of Ethics;
25        4. Maintain its financial records in accordance with
26    the bylaws;

 

 

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1        5. Meet and take actions as are consistent with the
2    provisions of this Compact and the bylaws;
3        6. Promulgate uniform rules to facilitate and
4    coordinate implementation and administration of this
5    Compact. The rules shall have the force and effect of law
6    and shall be binding in all member states;
7        7. Bring and prosecute legal proceedings or actions in
8    the name of the Commission, provided that the standing of
9    any state audiology or speech-language pathology licensing
10    board to sue or be sued under applicable law shall not be
11    affected;
12        8. Purchase and maintain insurance and bonds;
13        9. Borrow, accept, or contract for services of
14    personnel, including, but not limited to, employees of a
15    member state;
16        10. Hire employees, elect or appoint officers, fix
17    compensation, define duties, grant individuals appropriate
18    authority to carry out the purposes of the Compact, and to
19    establish the Commission's personnel policies and programs
20    relating to conflicts of interest, qualifications of
21    personnel, and other related personnel matters;
22        11. Accept any and all appropriate donations and
23    grants of money, equipment, supplies, materials and
24    services, and to receive, utilize and dispose of the same;
25    provided that at all times the Commission shall avoid any
26    appearance of impropriety and/or conflict of interest;

 

 

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1        12. Lease, purchase, accept appropriate gifts or
2    donations of, or otherwise to own, hold, improve or use,
3    any property, real, personal or mixed; provided that at
4    all times the Commission shall avoid any appearance of
5    impropriety;
6        13. Sell convey, mortgage, pledge, lease, exchange,
7    abandon, or otherwise dispose of any property real,
8    personal, or mixed;
9        14. Establish a budget and make expenditures;
10        15. Borrow money;
11        16. Appoint committees, including standing committees
12    composed of members, and other interested persons as may
13    be designated in this Compact and the bylaws;
14        17. Provide and receive information from, and
15    cooperate with, law enforcement agencies;
16        18. Establish and elect an Executive Committee; and
17        19. Perform other functions as may be necessary or
18    appropriate to achieve the purposes of this Compact
19    consistent with the state regulation of audiology and
20    speech-language pathology licensure and practice.
21    D. The Executive Committee. The Executive Committee shall
22have the power to act on behalf of the Commission according to
23the terms of this Compact:
24        1. The Executive Committee shall be composed of ten
25    (10) members:
26            a. Seven (7) voting members who are elected by the

 

 

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1        Commission from the current membership of the
2        Commission;
3            b. Two (2) ex-officios, consisting of one
4        nonvoting member from a recognized national audiology
5        professional association and one nonvoting member from
6        a recognized national speech-language pathology
7        association; and
8            c. One (1) ex-officio, nonvoting member from the
9        recognized membership organization of the audiology
10        and speech-language pathology licensing boards.
11    E. The ex-officio members shall be selected by their
12respective organizations.
13        1. The Commission may remove any member of the
14    Executive Committee as provided in bylaws.
15        2. The Executive Committee shall meet at least
16    annually.
17        3. The Executive Committee shall have the following
18    duties and responsibilities:
19            a. Recommend to the entire Commission changes to
20        the rules or bylaws, changes to this Compact
21        legislation, fees paid by Compact member states such
22        as annual dues, and any commission Compact fee charged
23        to licensees for the compact privilege;
24            b. Ensure Compact administration services are
25        appropriately provided, contractual or otherwise;
26            c. Prepare and recommend the budget;

 

 

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

 

 

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1        lease, or sale of goods, services, or real estate;
2            e. Accusing any person of a crime or formally
3        censuring any person;
4            f. Disclosure of trade secrets or commercial or
5        financial information that is privileged or
6        confidential;
7            g. Disclosure of information of a personal nature
8        where disclosure would constitute a clearly
9        unwarranted invasion of personal privacy;
10            h. Disclosure of investigative records compiled
11        for law enforcement purposes;
12            i. Disclosure of information related to any
13        investigative reports prepared by or on behalf of or
14        for use of the Commission or other committee charged
15        with responsibility of investigation or determination
16        of compliance issues pursuant to the Compact; or
17            j. Matters specifically exempted from disclosure
18        by federal or member state statute.
19        6. If a meeting, or portion of a meeting, is closed
20    pursuant to this provision, the Commission's legal counsel
21    or designee shall certify that the meeting may be closed
22    and shall reference each relevant exempting provision.
23        7. The Commission shall keep minutes that fully and
24    clearly describe all matters discussed in a meeting and
25    shall provide a full and accurate summary of actions
26    taken, and the reasons therefore, including a description

 

 

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1    of the views expressed. All documents considered in
2    connection with an action shall be identified in minutes.
3    All minutes and documents of a closed meeting shall remain
4    under seal, subject to release by a majority vote of the
5    Commission or order of a court of competent jurisdiction.
6        8. Financing of the Commission.
7            a. The Commission shall pay, or provide for the
8        payment of, the reasonable expenses of its
9        establishment, organization, and ongoing activities.
10            b. The Commission may accept any and all
11        appropriate revenue sources, donations, and grants of
12        money, equipment, supplies, materials, and services.
13            c. The Commission may levy on and collect an
14        annual assessment from each member state or impose
15        fees on other parties to cover the cost of the
16        operations and activities of the Commission and its
17        staff, which must be in a total amount sufficient to
18        cover its annual budget as approved each year for
19        which revenue is not provided by other sources. The
20        aggregate annual assessment amount shall be allocated
21        based upon a formula to be determined by the
22        Commission, which shall promulgate a rule binding upon
23        all member states.
24        9. The Commission shall not incur obligations of any
25    kind prior to securing the funds adequate to meet the
26    same; nor shall the Commission pledge the credit of any of

 

 

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1    the member states, except by and with the authority of the
2    member state.
3        10. The Commission shall keep accurate accounts of all
4    receipts and disbursements. The receipts and disbursements
5    of the Commission shall be subject to the audit and
6    accounting procedures established under its bylaws.
7    However, all receipts and disbursements of funds handled
8    by the Commission shall be audited yearly by a certified
9    or licensed public accountant, and the report of the audit
10    shall be included in and become part of the annual report
11    of the Commission.
12    F. Qualified Immunity, Defense, and Indemnification.
13        1. The members, officers, executive director,
14    employees and representatives of the Commission shall be
15    immune from suit and liability, either personally or in
16    their official capacity, for any claim for damage to or
17    loss of property or personal injury or other civil
18    liability caused by or arising out of any actual or
19    alleged act, error or omission that occurred, or that the
20    person against whom the claim is made had a reasonable
21    basis for believing occurred within the scope of
22    Commission employment, duties or responsibilities;
23    provided that nothing in this paragraph shall be construed
24    to protect any person from suit and/or liability for any
25    damage, loss, injury, or liability caused by the
26    intentional or willful or wanton misconduct of that

 

 

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

 

 

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1    willful or wanton misconduct of that person.
2
SECTION 9. DATA SYSTEM
3    A. The Commission shall provide for the development,
4maintenance, and utilization of a coordinated database and
5reporting system containing licensure, adverse action, and
6investigative information on all licensed individuals in
7member states.
8    B. Notwithstanding any other provision of state law to the
9contrary, a member state shall submit a uniform data set to the
10data system on all individuals to whom this Compact is
11applicable as required by the rules of the Commission,
12including:
13        1. Identifying information;
14        2. Licensure data;
15        3. Adverse actions against a license or compact
16    privilege;
17        4. Non-confidential information related to alternative
18    program participation;
19        5. Any denial of application for licensure, and the
20    reason(s) for denial; and
21        6. Other information that may facilitate the
22    administration of this Compact, as determined by the rules
23    of the Commission.
24    C. Investigative information pertaining to a licensee in
25any member state shall only be available to other member
26states.

 

 

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

 

 

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1rules by the Commission, and at least thirty (30) days in
2advance of the meeting at which the rule shall be considered
3and voted upon, the Commission shall file a Notice of Proposed
4Rulemaking:
5        1. On the website of the Commission or other publicly
6    accessible platform; and
7        2. On the website of each member state audiology or
8    speech-language pathology licensing board or other
9    publicly accessible platform or the publication in which
10    each state would otherwise publish proposed rules.
11    E. The Notice of Proposed Rulemaking shall include:
12        1. The proposed time, date, and location of the
13    meeting in which the rule shall be considered and voted
14    upon;
15        2. The text of the proposed rule or amendment and the
16    reason for the proposed rule;
17        3. A request for comments on the proposed rule from
18    any interested person; and
19        4. The manner in which interested persons may submit
20    notice to the Commission of their intention to attend the
21    public hearing and any written comments.
22    F. Prior to the adoption of a proposed rule, the
23Commission shall allow persons to submit written data, facts,
24opinions and arguments, which shall be made available to the
25public.
26    G. The Commission shall grant an opportunity for a public

 

 

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1hearing before it adopts a rule or amendment if a hearing is
2requested by:
3        1. At least twenty-five (25) persons;
4        2. A state or federal governmental subdivision or
5    agency; or
6        3. An association having at least twenty-five (25)
7    members.
8    H. If a hearing is held on the proposed rule or amendment,
9the Commission shall publish the place, time, and date of the
10scheduled public hearing. If the hearing is held via
11electronic means, the Commission shall publish the mechanism
12for access to the electronic hearing.
13        1. All persons wishing to be heard at the hearing
14    shall notify the executive director of the Commission or
15    other designated member in writing of their desire to
16    appear and testify at the hearing not less than five (5)
17    business days before the scheduled date of the hearing.
18        2. Hearings shall be conducted in a manner providing
19    each person who wishes to comment a fair and reasonable
20    opportunity to comment orally or in writing.
21        3. All hearings shall be recorded. A copy of the
22    recording shall be made available on request.
23        4. Nothing in this section shall be construed as
24    requiring a separate hearing on each rule. Rules may be
25    grouped for the convenience of the Commission at hearings
26    required by this section.

 

 

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1    I. Following the scheduled hearing date, or by the close
2of business on the scheduled hearing date if the hearing was
3not held, the Commission shall consider all written and oral
4comments received.
5    J. If no written notice of intent to attend the public
6hearing by interested parties is received, the Commission may
7proceed with promulgation of the proposed rule without a
8public hearing.
9    K. The Commission shall, by majority vote of all members,
10take final action on the proposed rule and shall determine the
11effective date of the rule, if any, based on the rulemaking
12record and the full text of the rule.
13    L. Upon determination that an emergency exists, the
14Commission may consider and adopt an emergency rule without
15prior notice, opportunity for comment, or hearing, provided
16that the usual rulemaking procedures provided in the Compact
17and in this section shall be retroactively applied to the rule
18as soon as reasonably possible, in no event later than ninety
19(90) days after the effective date of the rule. For the
20purposes of this provision, an emergency rule is one that must
21be adopted immediately in order to:
22        1. Meet an imminent threat to public health, safety,
23    or welfare;
24        2. Prevent a loss of Commission or member state funds;
25    or
26        3. Meet a deadline for the promulgation of an

 

 

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1    administrative rule that is established by federal law or
2    rule.
3    M. The Commission or an authorized committee of the
4Commission may direct revisions to a previously adopted rule
5or amendment for purposes of correcting typographical errors,
6errors in format, errors in consistency, or grammatical
7errors. Public notice of any revisions shall be posted on the
8website of the Commission. The revision shall be subject to
9challenge by any person for a period of thirty (30) days after
10posting. The revision may be challenged only on grounds that
11the revision results in a material change to a rule. A
12challenge shall be made in writing and delivered to the chair
13of the Commission prior to the end of the notice period. If no
14challenge is made, the revision shall take effect without
15further action. If the revision is challenged, the revision
16may not take effect without the approval of the Commission.
17
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
18    A. Dispute Resolution.
19        1. Upon request by a member state, the Commission
20    shall attempt to resolve disputes related to the Compact
21    that arise among member states and between member and
22    non-member states.
23        2. The Commission shall promulgate a rule providing
24    for both mediation and binding dispute resolution for
25    disputes as appropriate.
26    B. Enforcement.

 

 

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

 

 

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

 

 

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1member states.
2
SECTION 13. CONSTRUCTION AND SEVERABILITY
3    This Compact shall be liberally construed so as to
4effectuate the purposes thereof. The provisions of this
5Compact shall be severable and if any phrase, clause, sentence
6or provision of this Compact is declared to be contrary to the
7constitution of any member state or of the United States or the
8applicability thereof to any government, agency, person or
9circumstance is held invalid, the validity of the remainder of
10this Compact and the applicability thereof to any government,
11agency, person or circumstance shall not be affected thereby.
12If this Compact shall be held contrary to the constitution of
13any member state, the Compact shall remain in full force and
14effect as to the remaining member states and in full force and
15effect as to the member state affected as to all severable
16matters.
17
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
18    A. Nothing herein prevents the enforcement of any other
19law of a member state that is not inconsistent with the
20Compact.
21    B. All laws in a member state in conflict with the Compact
22are superseded to the extent of the conflict.
23    C. All lawful actions of the Commission, including all
24rules and bylaws promulgated by the Commission, are binding
25upon the member states.
26    D. All agreements between the Commission and the member

 

 

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1states are binding in accordance with their terms.
2    E. In the event any provision of the Compact exceeds the
3constitutional limits imposed on the legislature of any member
4state, the provision shall be ineffective to the extent of the
5conflict with the constitutional provision in question in that
6member state."
 
7    Section 10. The Illinois Speech-Language Pathology and
8Audiology Practice Act is amended by adding Section 4.3 as
9follows:
 
10    (225 ILCS 110/4.3 new)
11    Sec. 4.3. Audiology and Speech-Language Pathology
12Interstate Compact Act. If the Audiology and Speech-Language
13Pathology Interstate Compact becomes law as provided in
14Section 5 of the Audiology and Speech-Language Pathology
15Interstate Compact Act, the Department shall revise its rules
16related to implementing and enforcing the Illinois
17Speech-Language Pathology and Audiology Practice Act to be in
18conformance with the Compact, if necessary. The Department
19shall also make recommendations in a report to the General
20Assembly as to what portions of this Act and other laws should
21be modified, if at all, to be consistent with the Compact."