Bill > A4115

Introduced Session

This bill enters New Jersey into the "Audiology and Speech-Language Pathology Interstate Compact." The purpose of the Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The privilege to practice under the compact derives from the license issued to the audiologist or speech-language pathologist in the licensee's state of resident, which is called the "home state." For the purposes of the compact, an audiologist or speech-language pathologist may only hold one home state license at a time. A home state license is recognized by each member state as authorizing the audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. Member states are required to implement or utilize procedures for considering the criminal history records of applicants for initial licensure. Applicants to practice under the compact are required to maintain licensure in their home state. Upon application for a privilege to practice in a remote state, the licensing board in the remote state will be required to ascertain, through a data system established under the compact, 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. Member states may charge a fee for granting a compact privilege. In order for an audiologist to practice under the compact, the audiologist will be required to meet certain educational requirements; have completed a supervised clinical practicum experience and successfully passed a national examination approved by the Audiology and Speech-Language Pathology Compact Commission (commission); hold an active, unencumbered license; have not been convicted or found guilty of a felony related to the practice of audiology; and have a valid United States Social Security or National Practitioner Identification number. In order for a speech-language pathologist to practice under the compact, the speech-language pathologist will be required to meet certain educational requirements; have completed a supervised clinical practicum experience; have completed a supervised postgraduate professional experience; have successfully passed a national examination approved by the commission; hold an active, unencumbered license; have not been convicted or found guilty of a felony related to the practice of speech-language pathology; and have a valid United States Social Security or National Practitioner Identification number. An audiologist or speech-language pathologist practicing in a member state will be required to comply with the 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 will 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 will 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. Individuals not residing in a member state will continue to be able to apply for a member state's single-state license as provided under the laws of that member state; provided that a single-state license granted to a non-resident will not be recognized as authorizing the licensee to practice in other remote states under the compact; an individual residing in a non-member state will only be authorized to practice in the specific states in which the individual is licensed. To exercise the compact privilege under the terms and provisions of the compact, an audiologist or speech-language pathologist will be required to: 1) hold an active license in the home state; 2) have no encumbrance on any state license; 3) be eligible for a compact privilege; 4) have not had any adverse action against any license or compact privilege within the previous two years from the date of the application; 5) notify the commission that the licensee is seeking the compact privilege within a remote state; 6) pay any applicable fees, including any state fee, for the compact privilege; and 7) report to the commission any adverse action taken against the licensee by any non-member state within 30 days from the date the adverse action is taken. Licensees who move from one member state to another member state will be required to obtain home-state licensure in the new member state in order to continue practicing under the compact. The licensee will also be required to terminate licensure in the former home state. Licensees moving to another member state will be permitted to initiate the licensure application process in the new member state before moving to the new member state. If a licensee moves from a member state to a non-member state, the licensee will no longer be able to participate in the compact, but may practice in member states by obtaining a single-state license to practice in the state, and may continue to practice in the former home state, if the licensee maintains licensure in that state. Licensees providing audiology or speech-language pathology services in a remote state under the compact privilege will be required to function within the laws and regulations of the remote state, and will be subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. If a home state license is encumbered, the licensee will lose the compact privilege in any remote state until: 1) the home state license is no longer encumbered; 2) two years have elapsed from the date of the adverse action; and 3) the licensee otherwise meets the requirements to practice under the compact. Member states will be required to recognize the right of an audiologist or speech-language pathologist to practice audiology or speech-language pathology under the compact in any member state via telehealth. Active duty military personnel and their spouses will be permitted to practice under the compact by designating 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 may only change the individual's home state through application for licensure in the new state. Only a home state may take adverse action against a licensee's license. However, remote states will have the authority to take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state and issue subpoenas for both hearings and investigations. Home states will be required to give the same priority and effect to reported conduct received from a member state as they would if the conduct had occurred within the home state. In so doing, the home state is to apply its own state laws to determine appropriate action. A member state may take adverse action against an audiologist or speech-language pathologist based on the factual findings of a remote state, provided that the member state follows the member state's own procedures for taking the adverse action. Member states may participate in investigations and share information with other member states in furtherance of an investigation. Home states will be required to complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of an investigation. The home state will also have the authority to take appropriate action against the licensee and will be required to promptly report the conclusions of the investigation to the data system established under the compact, which will then notify the new home state of any adverse actions against the licensee. Member states may recover from a licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against the licensee. Nothing in the compact is to override a member state's decision that participation in an alternative program may be used in lieu of adverse action. The compact is administered by a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission. Each member state appoints two delegates to the commission, including one audiologist and one speech-language pathologist, which members are selected by the member state's licensing board. The delegates are required to be current members of the member state's licensing board. The commission also includes five additional delegates, each of whom is either a public member or board administrator from a state licensing board, who are chosen by the commission's executive committee from a pool of nominees provided by the commission at large. The commission meets at least once during each calendar year. The commission is responsible for: establishing its fiscal year; establishing bylaws; establishing a code of ethics; maintaining financial records; meeting and taking actions consistent with the compact and the commission's bylaws; promulgating uniform rules to facilitate and coordinate the implementation and administration of the compact; bringing and prosecuting legal proceedings or actions; purchasing and maintaining insurance and bonds; engaging personnel services and establishing personnel policies and programs; accepting any and all appropriate donations and grants of money, equipment, supplies, materials, services, and property, provided that at all times the commission avoids any appearance of impropriety or conflict of interest; establishing a budget and making expenditures; borrowing money; appointing committees; providing and receiving information from, and cooperating with, law enforcement agencies; establishing and electing an executive committee; and performing other functions as may be necessary or appropriate to achieve the purposes of the compact. The commission's executive committee comprises 10 members, including seven voting members who are elected by the commission from its current membership and three nonvoting, ex-officio members, including one member from a recognized national audiology professional association, one member from a recognized national speech-language pathology association, and one member from the recognized membership organization of the audiology and speech-language pathology licensing boards. The ex-officio members will be selected by their respective organizations. The executive committee meets at least annually, and has the following duties and responsibilities: recommending to the entire commission changes to its rules or bylaws, changes to the compact, fees paid by compact member states, and fees charged to licensees; ensuring compact administration services are appropriately provided; preparing and recommending the commission's budget; maintaining financial records; monitoring compliance with the compact by member states; establishing additional committees as necessary; and any other duties as provided in the commission's rules or bylaws. All meetings of the commission are to be open to the public and are subject to public notice requirements. However, the commission, its executive committee, and other committees may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission are to discuss: non-compliance of a member state with the compact; personnel issues related to specific employees or other matters related to the commission's internal personnel practices and procedures; current, threatened, or reasonably anticipated litigation; negotiation of purchase contracts; criminal accusations and formal censures; disclosure of trade secrets or privileged or confidential information; disclosure of private, personal information; disclosure of investigative records compiled for law enforcement purposes; disclosure of information related to investigative reports; or other matters specifically exempted from disclosure by state or federal law. If a meeting, or portion of a meeting, is closed, the commission's legal counsel or designee is required to certify that the meeting may be closed and reference each relevant exempting provision. The commission is required to pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. 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 its operations and activities. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same; nor may it pledge the credit of any of the member states, except by and with the authority of the member state. The commission is required to keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to audit and accounting procedures, and all receipts and disbursements of funds handled by the commission are to be audited yearly, with the report of the audit included in the commission's annual report. The members, officers, executive director, employees, and representatives of the commission are 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 within the scope of commission employment, duties, or responsibilities. The commission is required to defend its members, officers, executive director, employees, and representatives in any civil action arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in the compact prohibits any person from retaining the person's own counsel. The commission is required to 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. The immunity, requirement to defend, and requirement to indemnify under the compact do not apply to intentional or willful or wanton misconduct. The commission is required to 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. Member states are required to submit a uniform data set to the data system on all individuals to whom the compact is applicable, including: identifying information; licensure data; adverse actions against a license or compact privilege; non-confidential information related to alternative program participation; any denial of an application for licensure, and the reason for the denial; and other information that may facilitate the administration of the compact. Investigative information pertaining to a licensee is only available to other member states. The commission is required to 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 is available to any other member state. Member states contributing information to the data system may designate information that may not be shared with the public without that state's express permission. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information is to be removed from the data system. The commission is required to promulgate rules to administer the compact, which rules are binding on all member states. 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 will have no further force and effect in any member state. Rules may be adopted at a regular or special meeting of the commission. Proposed rulemakings are subject to a 30-day public notice requirement. The rulemaking process includes a process for the public to submit written data, facts, opinions, and arguments, which are made available to the public. The commission may also be required to hold a public hearing on the proposed rulemaking upon request by at least 25 individuals, by a governmental entity, or by an organization that has at least 25 members. All public hearings are recorded and made available on request. More than one proposed rule may be considered at a single hearing. In adopting final rules, the commission is required to consider all written and oral comments received. The commission additionally has the authority to adopt emergency rules under certain circumstances, which emergency rules are valid for no more than 90 days. Upon request by a member state, the commission is to attempt to resolve disputes related to the compact that arise among member states and between member and non-member states, which may include mediation or binding dispute resolution. Member states may withdraw from the compact by enacting a repealer statute. A member state's withdrawal will not take effect until six months after enactment of the repealing statute. Withdrawal does not affect the requirement for the withdrawing state to continue to assist with investigative and adverse action reporting requirements incurred prior to withdrawal. Nothing in the compact is to 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 the compact. The compact may be amended by the member states, through the adoption of amendatory legislation in each member state. The compact is to be liberally construed so as to effectuate its purposes. The provisions of the compact are severable. Nothing in the compact is to be construed to prevent the enforcement of any other law of a member state that is not inconsistent with the compact. All laws in a member state in conflict with the compact are superseded to the extent of the conflict. All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states. All agreements between the commission and the member states are binding in accordance with their terms. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict. The compact took effect upon adoption by 10 states, and is currently in effect in 23 states, including Alabama, Colorado, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Nebraska, New Hampshire, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Utah, West Virginia, and Wyoming.

Committee Categories

Michele Matsikoudis (R)*, 

Introduced, Referred to Assembly Health Committee (on 04/04/2024)

Official Document