The Committee on Medical Affairs proposed the following amendment (1136R002.KMM.DBV):

Amend the bill, as and if amended, on page 3, by striking lines 3- 8 and inserting:

/ (2)'Adverse action' means any administrative, civil, equitable, or criminal action permitted by a state's laws that 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 a revocation, suspension, probation, or monitoring of the licensee, or a restriction on the licensee's practice. /

Amend the bill further, as and if amended, on page 3, by striking lines 31- 36 and inserting:

/ (9)'Current significant investigative information' means investigative information that a licensing board has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction, following an inquiry or investigation that includes notification and an opportunity for the audiologist or speech language pathologist to respond, if required by state law. /

Amend the bill further, as and if amended, on page 6, by striking lines 19- 21 and inserting:

/ (ii)the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program; /

Amend the bill further, as and if amended, on page 7 by striking lines 1- 29 and inserting:

/ (i) the program and institution have been approved by the authorized accrediting body in the applicable country; and

(ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;

(2) complete a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission;

(3) complete a supervised postgraduate professional experience as required by the commission;

(4) pass a national examination approved by the commission;

(5) hold an active, unencumbered license;

(6) not have been convicted or found guilty of, and not have entered into an agreed disposition for, a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and

(7) have a valid United States Social Security or National Provider Identifier number.

(G) A privilege to practice is derived from the home state license.

(H) An audiologist or speech language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time the service is provided. The practice of audiology and speech-language pathology includes 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 subjects 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 the service is provided. /

Amend the bill further, as and if amended, on page 8, by striking lines 1- 31 and inserting:

/Section 40-67-540.(A) To exercise the compact privilege under the terms and provisions of the compact, an audiologist or speech language pathologist must:

(1) hold an active license in his home state;

(2) have no encumbrance on any state license;

(3) be eligible for a compact privilege in any member state in accordance with Section 40-67-530;

(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 he 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 adverse action taken by any non-member state within thirty days from the date the adverse action is taken.

(B) For the purposes of the compact privilege, an audiologist or speech language pathologist may hold only one home state license at a time.

(C) Except as provided for in Section 40-67-560, if an audiologist or speech language pathologist changes his primary state of residence by moving between two member states, then the audiologist or speech language pathologist must apply for licensure in his new home state, and the license issued by the prior home state must be deactivated in accordance with applicable rules adopted by the commission.

(D) The audiologist or speech language pathologist may apply for licensure in his new home state in advance of a change in his primary state of residence.

(E) A license may not be issued by a new home state until the audiologist or speech language pathologist provides satisfactory evidence of a change in his primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from his new home state.

(F) If an audiologist or speech language pathologist changes his primary state of residence by /

Amend the bill, as and if amended, on page 9, by striking lines 17- 22 and inserting:

/Section 40-67-550.Member states must recognize the right of an audiologist or speech language pathologist who is licensed by a home state in accordance with Section 40-67-530 and under rules promulgated by the commission to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission. /

Amend the bill further, as and if amended, on page 9, by striking lines 35- 43, and on page 10, by striking lines 1- 39 and inserting:

/ (a) take adverse action against an audiologist's or speech language pathologist's privilege to practice within that remote state; and

(b) 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 must 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 must 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.

(2) Only a home state has the power to take adverse action against an audiologist's or speech language pathologist's license issued by the home state.

(B) For the purposes of taking adverse action, a home state must give the same priority and effect to reported conduct received from a member state as it would if the conduct occurred within the home state. In so doing, the home state must apply its own state laws to determine appropriate action.

(C) A home state must complete any pending investigations of an audiologist or speech language pathologist who changes his primary state of residence during the course of the investigations. The home state also has the authority to take appropriate actions and must promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system must promptly notify the new home state of any adverse actions.

(D) If otherwise permitted by state law, a member state may recover from an affected audiologist or speech language pathologist the costs of investigations and the disposition of cases resulting from any adverse action taken against that audiologist or speech language pathologist.

(E) A member state may take adverse action based on the factual findings of a remote state, provided that the member state follows its own procedures for taking adverse action.

(F) 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. Member states must share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(G) If adverse action is taken by a home state against an audiologist's or speech language pathologist's license, then the audiologist's or speech language pathologist's privilege to practice in all other member states is deactivated until all encumbrances are removed from the state license. All home-state disciplinary orders that impose adverse action against an audiologist's or speech language pathologist's license must 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.

/

Amend the bill further, as and if amended, on page 12, by striking lines 11- 14 and inserting:

/ (7) bring and prosecute legal proceedings or actions in the name of the State's audiology or speech language pathology licensing board, provided that the standing of any state licensing board to sue or be sued under applicable law must not be affected; /

Amend the bill further, as and if amended, on page 20, by striking lines 11- 14 and inserting:

/ (2) Withdrawal does 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 compact prior to the effective date of withdrawal. /