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SF 3364

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 08:16am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to health occupations; creating an audiology and speech-language pathology
interstate compact; authorizing the commissioner of health to release certain data;
amending Minnesota Statutes 2020, section 144.051, subdivision 6; proposing
coding for new law in Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 144.051, subdivision 6, is amended to read:


Subd. 6.

Release of private or confidential data.

For providers regulated pursuant to
sections 144A.43 to 144A.482new text begin, 148.5185,new text end and chapter 144G, the department may release
private or confidential data, except Social Security numbers, to the appropriate state, federal,
or local agency and law enforcement office to enhance investigative or enforcement efforts
or further a public health protective process. Types of offices include Adult Protective
Services, Office of the Ombudsman for Long-Term Care and Office of the Ombudsman for
Mental Health and Developmental Disabilities, the health licensing boards, Department of
Human Services, county or city attorney's offices, police, and local or county public health
offices.

Sec. 2.

new text begin [148.5185] AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
INTERSTATE COMPACT.
new text end

new text begin Section 1. Definitions
new text end

new text begin As used in this Compact, and except as otherwise provided, the following definitions
shall apply:
new text end

new text begin A. "Active duty military" means full-time duty status in the active uniformed service of
the United States, including members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. sections 1209 and 1211.
new text end

new text begin B. "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing board or other authority against
an audiologist or speech-language pathologist, including actions against an individual's
license or privilege to practice such as revocation, suspension, probation, monitoring of the
licensee, or restriction on the licensee's practice.
new text end

new text begin C. "Alternative program" means a non-disciplinary monitoring process approved by an
audiology or speech-language pathology licensing board to address impaired practitioners.
new text end

new text begin D. "Audiologist" means an individual who is licensed by a state to practice audiology.
new text end

new text begin E. "Audiology" means the care and services provided by a licensed audiologist as set
forth in the member state's statutes and rules.
new text end

new text begin F. "Audiology and Speech-Language Pathology Compact Commission" or "Commission"
means the national administrative body whose membership consists of all states that have
enacted the Compact.
new text end

new text begin G. "Audiology and speech-language pathology licensing board," "audiology licensing
board," "speech-language pathology licensing board," or "licensing board" means the agency
of a state that is responsible for the licensing and regulation of audiologists or
speech-language pathologists or both.
new text end

new text begin H. "Compact privilege" means the authorization granted by a remote state to allow a
licensee from another member state to practice as an audiologist or speech-language
pathologist in the remote state under its laws and rules. The practice of audiology or
speech-language pathology occurs in the member state where the patient, client, or student
is located at the time of the patient, client, or student encounter.
new text end

new text begin I. "Current significant investigative information" means investigative information that
a licensing board, after an inquiry or investigation that includes notification and an
opportunity for the audiologist or speech-language pathologist to respond, if required by
state law, has reason to believe is not groundless and, if proved true, would indicate more
than a minor infraction.
new text end

new text begin J. "Data system" means a repository of information about licensees, including, but not
limited to, continuing education, examination, licensure, investigation, compact privilege,
and adverse action.
new text end

new text begin K. "Encumbered license" means a license in which an adverse action restricts the practice
of audiology or speech-language pathology by the licensee and said adverse action has been
reported to the National Practitioners Data Bank (NPDB).
new text end

new text begin L. "Executive Committee" means a group of directors elected or appointed to act on
behalf of, and within the powers granted to them by, the Commission.
new text end

new text begin M. "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin N. "Impaired practitioner" means individuals whose professional practice is adversely
affected by substance abuse, addiction, or other health-related conditions.
new text end

new text begin O. "Licensee" means an individual who currently holds an authorization from the state
licensing board to practice as an audiologist or speech-language pathologist.
new text end

new text begin P. "Member state" means a state that has enacted the Compact.
new text end

new text begin Q. "Privilege to practice" means a legal authorization permitting the practice of audiology
or speech-language pathology in a remote state.
new text end

new text begin R. "Remote state" means a member state other than the home state where a licensee is
exercising or seeking to exercise the compact privilege.
new text end

new text begin S. "Rule" means a regulation, principle, or directive promulgated by the Commission
that has the force of law.
new text end

new text begin T. "Single-state license" means an audiology or speech-language pathology license
issued by a member state that authorizes practice only within the issuing state and does not
include a privilege to practice in any other member state.
new text end

new text begin U. "Speech-language pathologist" means an individual who is licensed by a state to
practice speech-language pathology.
new text end

new text begin V. "Speech-language pathology" means the care and services provided by a licensed
speech-language pathologist as set forth in the member state's statutes and rules.
new text end

new text begin W. "State" means any state, commonwealth, district, or territory of the United States of
America that regulates the practice of audiology and speech-language pathology.
new text end

new text begin X. "State practice laws" means a member state's laws, rules, and regulations that govern
the practice of audiology or speech-language pathology, define the scope of audiology or
speech-language pathology practice, and create the methods and grounds for imposing
discipline.
new text end

new text begin Y. "Telehealth" means the application of telecommunication technology to deliver
audiology or speech-language pathology services at a distance for assessment, intervention,
or consultation.
new text end

new text begin Section 2. State Participation in the Compact
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 2. Communication between a member state and 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.
new text end

new text begin 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, and whether any adverse action has
been taken against any license or privilege to practice held by the applicant.
new text end

new text begin 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.
new text end

new text begin E. For an audiologist:
new text end

new text begin 1. Must meet one of the following educational requirements:
new text end

new text begin a. On or before December 31, 2007, has graduated with a master's degree or 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
new text end

new text begin b. On or after January 1, 2008, has graduated with a doctoral degree in audiology, or
equivalent degree regardless of degree name, from a program that is accredited by an
accrediting agency recognized by the Council for Higher Education Accreditation, or its
successor, or by the United States Department of Education and operated by a college or
university accredited by a regional or national accrediting organization recognized by the
board; or
new text end

new text begin c. Has graduated from an audiology program that is housed in an institution of higher
education outside of the United States (a) for which the program and institution have been
approved by the authorized accrediting body in the applicable country and (b) the degree
program has been verified by an independent credentials review agency to be comparable
to a state licensing board-approved program;
new text end

new text begin 2. Has completed a supervised clinical practicum experience from an accredited
educational institution or its cooperating programs as required by the board;
new text end

new text begin 3. Has successfully passed a national examination approved by the Commission;
new text end

new text begin 4. Holds an active, unencumbered license;
new text end

new text begin 5. Has not been convicted or found guilty, and has not entered into an agreed disposition,
of a felony related to the practice of audiology, under applicable state or federal criminal
law; and
new text end

new text begin 6. Has a valid United States Social Security or National Practitioner Identification
number.
new text end

new text begin F. For a speech-language pathologist:
new text end

new text begin 1. Must meet one of the following educational requirements:
new text end

new text begin 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
new text end

new text begin 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;
new text end

new text begin 2. Has completed a supervised clinical practicum experience from an educational
institution or its cooperating programs as required by the Commission;
new text end

new text begin 3. Has completed a supervised postgraduate professional experience as required by the
Commission;
new text end

new text begin 4. Has successfully passed a national examination approved by the Commission;
new text end

new text begin 5. Holds an active, unencumbered license;
new text end

new text begin 6. Has not been convicted or found guilty, and has not entered into an agreed disposition,
of a felony related to the practice of speech-language pathology, under applicable state or
federal criminal law; and
new text end

new text begin 7. Has a valid United States Social Security or National Practitioner Identification
number.
new text end

new text begin G. The privilege to practice is derived from the home state license.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin J. Member states may charge a fee for granting a compact privilege.
new text end

new text begin K. Member states must comply with the bylaws and rules and regulations of the
Commission.
new text end

new text begin Section 3. Compact Privilege
new text end

new text begin A. To exercise the compact privilege under the terms and provisions of the Compact,
the audiologist or speech-language pathologist shall:
new text end

new text begin 1. Hold an active license in the home state;
new text end

new text begin 2. Have no encumbrance on any state license;
new text end

new text begin 3. Be eligible for a compact privilege in any member state in accordance with Section
2;
new text end

new text begin 4. Have not had any adverse action against any license or compact privilege within the
previous two years from date of application;
new text end

new text begin 5. Notify the Commission that the licensee is seeking the compact privilege within a
remote state(s);
new text end

new text begin 6. Pay any applicable fees, including any state fee, for the compact privilege; and
new text end

new text begin 7. Report to the Commission adverse action taken by any non-member state within 30
days from the date the adverse action is taken.
new text end

new text begin B. For the purposes of the compact privilege, an audiologist or speech-language
pathologist shall only hold one home state license at a time.
new text end

new text begin C. Except as provided in Section 5, 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.
new text end

new text begin D. The audiologist or speech-language pathologist may apply for licensure in advance
of a change in primary state of residence.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin G. The compact privilege is valid until the expiration date of the home state license. The
licensee must comply with the requirements of Section 3A to maintain the compact privilege
in the remote state.
new text end

new text begin 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.
new text end

new text begin 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, or take any other necessary actions to protect
the health and safety of its citizens.
new text end

new text begin J. If a home state license is encumbered, the licensee shall lose the compact privilege in
any remote state until the following occur:
new text end

new text begin 1. The home state license is no longer encumbered; and
new text end

new text begin 2. Two years have elapsed from the date of the adverse action.
new text end

new text begin K. Once an encumbered license in the home state is restored to good standing, the licensee
must meet the requirements of Section 3A to obtain a compact privilege in any remote state.
new text end

new text begin L. Once the requirements of Section 3J have been met, the licensee must meet the
requirements in Section 3A to obtain a compact privilege in a remote state.
new text end

new text begin Section 4. Compact Privilege to Practice Telehealth
new text end

new text begin Member states shall recognize the right of an audiologist or speech-language pathologist,
licensed by a home state in accordance with Section 2 and under rules promulgated by the
Commission, to practice audiology or speech-language pathology in a member state via
telehealth under a privilege to practice as provided in the Compact and rules promulgated
by the Commission.
new text end

new text begin Section 5. Active Duty Military Personnel or Their Spouses
new text end

new text begin 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.
new text end

new text begin Section 6. Adverse Actions
new text end

new text begin 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:
new text end

new text begin 1. Take adverse action against an audiologist's or speech-language pathologist's privilege
to practice within that member state.
new text end

new text begin 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.
new text end

new text begin B. 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.
new text end

new text begin C. 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.
new text end

new text begin D. The home state shall complete any pending investigations of an audiologist or
speech-language pathologist who changes primary state of residence during the course of
the investigations. The home state shall also have the authority to take appropriate action(s)
and shall promptly report the conclusions of the investigations to the administrator of the
data system. The administrator of the data system shall promptly notify the new home state
of any adverse actions.
new text end

new text begin E. 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.
new text end

new text begin F. The member state may take adverse action based on the factual findings of the remote
state, provided that the home state follows its own procedures for taking the adverse action.
new text end

new text begin G. Joint Investigations
new text end

new text begin 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.
new text end

new text begin 2. Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact.
new text end

new text begin H. 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.
new text end

new text begin I. 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.
new text end

new text begin J. 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.
new text end

new text begin Section 7. Establishment of the Audiology and Speech-Language Pathology Compact
Commission
new text end

new text begin A. The Compact member states hereby create and establish a joint public agency known
as the Audiology and Speech-Language Pathology Compact Commission:
new text end

new text begin 1. The Commission is an instrumentality of the Compact states.
new text end

new text begin 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.
new text end

new text begin 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin B. Membership, Voting, and Meetings
new text end

new text begin 1. Each member state shall have two 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.
new text end

new text begin 2. An additional five 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.
new text end

new text begin 3. Any delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed.
new text end

new text begin 4. The member state board shall fill any vacancy occurring on the Commission, within
90 days.
new text end

new text begin 5. Each delegate shall be entitled to one 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.
new text end

new text begin 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.
new text end

new text begin 7. The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
new text end

new text begin C. The Commission shall have the following powers and duties:
new text end

new text begin 1. Establish the fiscal year of the Commission;
new text end

new text begin 2. Establish bylaws;
new text end

new text begin 3. Establish a Code of Ethics;
new text end

new text begin 4. Maintain its financial records in accordance with the bylaws;
new text end

new text begin 5. Meet and take actions as are consistent with the provisions of this Compact and the
bylaws;
new text end

new text begin 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;
new text end

new text begin 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;
new text end

new text begin 8. Purchase and maintain insurance and bonds;
new text end

new text begin 9. Borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a member state;
new text end

new text begin 10. Hire employees, elect or appoint officers, fix compensation, define duties, grant
individuals appropriate authority to carry out the purposes of the Compact, and establish
the Commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
new text end

new text begin 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;
new text end

new text begin 12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve or use, any property, real, personal, or mixed; provided that at all times the
Commission shall avoid any appearance of impropriety;
new text end

new text begin 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin 14. Establish a budget and make expenditures;
new text end

new text begin 15. Borrow money;
new text end

new text begin 16. Appoint committees, including standing committees composed of members, and
other interested persons as may be designated in this Compact and the bylaws;
new text end

new text begin 17. Provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin 18. Establish and elect an Executive Committee; and
new text end

new text begin 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.
new text end

new text begin D. The Executive Committee
new text end

new text begin The Executive Committee shall have the power to act on behalf of the Commission
according to the terms of this Compact.
new text end

new text begin 1. The Executive Committee shall be composed of ten members:
new text end

new text begin a. Seven voting members who are elected by the Commission from the current
membership of the Commission;
new text end

new text begin 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
new text end

new text begin c. One ex-officio, nonvoting member from the recognized membership organization of
the audiology and speech-language pathology licensing boards.
new text end

new text begin E. The ex-officio members shall be selected by their respective organizations.
new text end

new text begin 1. The Commission may remove any member of the Executive Committee as provided
in bylaws.
new text end

new text begin 2. The Executive Committee shall meet at least annually.
new text end

new text begin 3. The Executive Committee shall have the following duties and responsibilities:
new text end

new text begin 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;
new text end

new text begin b. Ensure Compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin c. Prepare and recommend the budget;
new text end

new text begin d. Maintain financial records on behalf of the Commission;
new text end

new text begin e. Monitor Compact compliance of member states and provide compliance reports to
the Commission;
new text end

new text begin f. Establish additional committees as necessary; and
new text end

new text begin g. Other duties as provided in rules or bylaws.
new text end

new text begin 4. Meetings of the Commission
new text end

new text begin 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 9.
new text end

new text begin 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:
new text end

new text begin a. Non-compliance of a member state with its obligations under the Compact;
new text end

new text begin 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;
new text end

new text begin c. Current, threatened, or reasonably anticipated litigation;
new text end

new text begin d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
new text end

new text begin e. Accusing any person of a crime or formally censuring any person;
new text end

new text begin f. Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
new text end

new text begin g. Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
new text end

new text begin h. Disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin 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
new text end

new text begin j. Matters specifically exempted from disclosure by federal or member state statute.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 8. Financing of the Commission
new text end

new text begin a. The Commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
new text end

new text begin b. The Commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin F. Qualified Immunity, Defense, and Indemnification
new text end

new text begin 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 or liability
for any damage, loss, injury, or liability caused by the intentional or willful or wanton
misconduct of that person.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin Section 8. Data System
new text end

new text begin 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.
new text end

new text begin 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:
new text end

new text begin 1. Identifying information;
new text end

new text begin 2. Licensure data;
new text end

new text begin 3. Adverse actions against a license or compact privilege;
new text end

new text begin 4. Non-confidential information related to alternative program participation;
new text end

new text begin 5. Any denial of application for licensure, and the reason(s) for denial; and
new text end

new text begin 6. Other information that may facilitate the administration of this Compact, as determined
by the rules of the Commission.
new text end

new text begin C. Investigative information pertaining to a licensee in any member state shall only be
available to other member states.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin Section 9. Rulemaking
new text end

new text begin 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.
new text end

new text begin B. If a majority of the legislatures of the member states rejects a rule, by enactment of
a statute or resolution in the same manner used to adopt the Compact within four years of
the date of adoption of the rule, the rule shall have no further force and effect in any member
state.
new text end

new text begin C. Rules or amendments to the rules shall be adopted at a regular or special meeting of
the Commission.
new text end

new text begin D. Prior to promulgation and adoption of a final rule or rules by the Commission, and
at least 30 days in advance of the meeting at which the rule shall be considered and voted
upon, the Commission shall file a Notice of Proposed Rulemaking:
new text end

new text begin 1. On the website of the Commission or other publicly accessible platform; and
new text end

new text begin 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.
new text end

new text begin E. The Notice of Proposed Rulemaking shall include:
new text end

new text begin 1. The proposed time, date, and location of the meeting in which the rule shall be
considered and voted upon;
new text end

new text begin 2. The text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin 3. A request for comments on the proposed rule from any interested person; and
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin G. The Commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin 1. At least 25 persons;
new text end

new text begin 2. A state or federal governmental subdivision or agency; or
new text end

new text begin 3. An association having at least 25 members.
new text end

new text begin 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.
new text end

new text begin 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 business days before the scheduled date of the hearing.
new text end

new text begin 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.
new text end

new text begin 3. All hearings shall be recorded. A copy of the recording shall be made available on
request.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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 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:
new text end

new text begin 1. Meet an imminent threat to public health, safety, or welfare;
new text end

new text begin 2. Prevent a loss of Commission or member state funds; or
new text end

new text begin 3. Meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule.
new text end

new text begin 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 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.
new text end

new text begin Section 10. Oversight, Dispute Resolution, and Enforcement
new text end

new text begin A. Dispute Resolution
new text end

new text begin 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.
new text end

new text begin 2. The Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for such disputes as appropriate.
new text end

new text begin B. Enforcement
new text end

new text begin 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this Compact.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin Section 11. Date of Implementation of the Interstate Commission for Audiology and
Speech-Language Pathology Practice and Associated Rules, Withdrawal, and Amendment
new text end

new text begin A. The Compact shall come into effect on the date on which the Compact statute is
enacted into law in the tenth 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.
new text end

new text begin 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.
new text end

new text begin C. Any member state may withdraw from this Compact by enacting a statute repealing
the same.
new text end

new text begin 1. A member state's withdrawal shall not take effect until six months after enactment of
the repealing statute.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin Section 12. Construction and Severability
new text end

new text begin 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.
new text end

new text begin Section 13. Binding Effect of Compact and Other Laws
new text end

new text begin A. Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with the Compact.
new text end

new text begin B. All laws in a member state in conflict with the Compact are superseded to the extent
of the conflict.
new text end

new text begin C. All lawful actions of the Commission, including all rules and bylaws promulgated
by the Commission, are binding upon the member states.
new text end

new text begin D. All agreements between the Commission and the member states are binding in
accordance with their terms.
new text end

new text begin 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the date on which the compact statute
is enacted into law in the tenth member state in accordance with section 11 of this Compact.
new text end

Sec. 3.

new text begin [148.5186] APPLICATION OF AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY INTERSTATE COMPACT TO EXISTING LAWS.
new text end

new text begin Subdivision 1. new text end

new text begin Rulemaking. new text end

new text begin Rules developed by the Audiology and Speech-Language
Pathology Compact Commission under section 148.5185 are not subject to sections 14.05
to 14.389.
new text end

new text begin Subd. 2. new text end

new text begin Background studies. new text end

new text begin The commissioner of health is authorized to require an
audiologist or speech-language pathologist licensed in Minnesota as the home state to submit
to a criminal history background check under section 144.0572.
new text end

new text begin Subd. 3. new text end

new text begin Provision of data. new text end

new text begin All provisions of section 148.5185 authorizing or requiring
the commissioner to provide data to the Audiology and Speech-Language Pathology Compact
Commission are authorized by section 144.051, subdivision 6.
new text end