AB208,31,2112 (f) 1. The members, officers, executive director, employees, and representatives
13of the commission shall be immune from suit and liability, either personally or in
14their official capacity, for any claim for damage to or loss of property or personal
15injury or other civil liability caused by or arising out of any actual or alleged act, error
16or omission that occurred, or that the person against whom the claim is made had
17a reasonable basis for believing occurred within the scope of commission
18employment, duties, or responsibilities; provided that nothing in this subdivision
19shall be construed to protect any person from suit and/or liability for any damage,
20loss, injury, or liability caused by the intentional or willful or wanton misconduct of
21that person.
AB208,32,622 2. The commission shall defend any member, officer, executive director,
23employee, or representative of the commission in any civil action seeking to impose
24liability arising out of any actual or alleged act, error, or omission that occurred
25within the scope of commission employment, duties, or responsibilities, or that the

1person against whom the claim is made had a reasonable basis for believing occurred
2within the scope of commission employment, duties, or responsibilities; provided
3that nothing herein shall be construed to prohibit that person from retaining his or
4her own counsel; and provided further, that the actual or alleged act, error, or
5omission did not result from that person's intentional or willful or wanton
6misconduct.
AB208,32,147 3. The commission shall indemnify and hold harmless any member, officer,
8executive director, employee, or representative of the commission for the amount of
9any settlement or judgment obtained against that person arising out of any actual
10or alleged act, error, or omission that occurred within the scope of commission
11employment, duties, or responsibilities, or that person had a reasonable basis for
12believing occurred within the scope of commission employment, duties, or
13responsibilities, provided that the actual or alleged act, error, or omission did not
14result from the intentional or willful or wanton misconduct of that person.
AB208,32,18 15(9) Data system. (a) The commission shall provide for the development,
16maintenance, and utilization of a coordinated database and reporting system
17containing licensure, adverse action, and investigative information on all licensed
18individuals in member states.
AB208,32,2119 (b) Notwithstanding any other provision of state law to the contrary, a member
20state shall submit a uniform data set to the data system on all individuals to whom
21this compact is applicable as required by the rules of the commission, including:
AB208,32,2222 1. Identifying information.
AB208,32,2323 2. Licensure data.
AB208,32,2424 3. Adverse actions against a license or compact privilege.
AB208,32,2525 4. Nonconfidential information related to alternative program participation.
AB208,33,1
15. Any denial of application for licensure, and the reason for denial.
AB208,33,32 6. Other information that may facilitate the administration of this compact, as
3determined by the rules of the commission.
AB208,33,54 (c) Investigative information pertaining to a licensee in any member state shall
5only be available to other member states.
AB208,33,96 (d) The commission shall promptly notify all member states of any adverse
7action taken against a licensee or an individual applying for a license. Adverse action
8information pertaining to a licensee in any member state shall be available to any
9other member state.
AB208,33,1210 (e) Member states contributing information to the data system may designate
11information that may not be shared with the public without the express permission
12of the contributing state.
AB208,33,1513 (f) Any information submitted to the data system that is subsequently required
14to be expunged by the laws of the member state contributing the information shall
15be removed from the data system.
AB208,33,19 16(10) Rule making. (a) The commission shall exercise its rule-making powers
17pursuant to the criteria set forth in this subsection and the rules adopted thereunder.
18Rules and amendments shall become binding as of the date specified in each rule or
19amendment.
AB208,33,2320 (b) If a majority of the legislatures of the member states rejects a rule, by
21enactment of a statute or resolution in the same manner used to adopt the compact
22within 4 years of the date of adoption of the rule, the rule shall have no further force
23and effect in any member state.
AB208,33,2524 (c) Rules or amendments to the rules shall be adopted at a regular or special
25meeting of the commission.
AB208,34,4
1(d) Prior to promulgation and adoption of a final rule or rules by the
2commission, and at least 30 days in advance of the meeting at which the rule shall
3be considered and voted upon, the commission shall file a notice of proposed rule
4making:
AB208,34,55 1. On the website of the commission or other publicly accessible platform.
AB208,34,86 2. On the website of each member state audiology or speech-language
7pathology licensing board or other publicly accessible platform or the publication in
8which each state would otherwise publish proposed rules.
AB208,34,99 (e) The notice of proposed rule making shall include:
AB208,34,1110 1. The proposed time, date, and location of the meeting in which the rule shall
11be considered and voted upon.
AB208,34,1312 2. The text of the proposed rule or amendment and the reason for the proposed
13rule.
AB208,34,1414 3. A request for comments on the proposed rule from any interested person.
AB208,34,1715 4. The manner in which interested persons may submit notice to the
16commission of their intention to attend the public hearing and any written
17comments.
AB208,34,2018 (f) Prior to the adoption of a proposed rule, the commission shall allow persons
19to submit written data, facts, opinions, and arguments, which shall be made
20available to the public.
AB208,34,2221 (g) The commission shall grant an opportunity for a public hearing before it
22adopts a rule or amendment if a hearing is requested by any of the following:
AB208,34,2323 1. At least 25 persons.
AB208,34,2424 2. A state or federal government subdivision or agency.
AB208,34,2525 3. An association having at least 25 members.
AB208,35,4
1(h) 1. If a hearing is held on the proposed rule or amendment, the commission
2shall publish the place, time, and date of the scheduled public hearing. If the hearing
3is held via electronic means, the commission shall publish the mechanism for access
4to the electronic hearing.
AB208,35,85 2. All persons wishing to be heard at the hearing shall notify the executive
6director of the commission or other designated member in writing of their desire to
7appear and testify at the hearing not less than 5 business days before the scheduled
8date of the hearing.
AB208,35,109 3. Hearings shall be conducted in a manner providing each person who wishes
10to comment a fair and reasonable opportunity to comment orally or in writing.
AB208,35,1211 4. All hearings shall be recorded. A copy of the recording shall be made
12available on request.
AB208,35,1513 5. Nothing in this subsection shall be construed as requiring a separate hearing
14on each rule. Rules may be grouped for the convenience of the commission at
15hearings required by this subsection.
AB208,35,1816 (i) Following the scheduled hearing date, or by the close of business on the
17scheduled hearing date if the hearing was not held, the commission shall consider
18all written and oral comments received.
AB208,35,2119 (j) If no written notice of intent to attend the public hearing by interested
20parties is received, the commission may proceed with promulgation of the proposed
21rule without a public hearing.
AB208,35,2422 (k) The commission shall, by majority vote of all members, take final action on
23the proposed rule and shall determine the effective date of the rule, if any, based on
24the rule-making record and the full text of the rule.
AB208,36,7
1(L) Upon determination that an emergency exists, the commission may
2consider and adopt an emergency rule without prior notice, opportunity for
3comment, or hearing, provided that the usual rule-making procedures provided in
4the compact and in this subsection shall be retroactively applied to the rule as soon
5as reasonably possible, in no event later than 90 days after the effective date of the
6rule. For the purposes of this paragraph, an emergency rule is one that must be
7adopted immediately in order to do any of the following:
AB208,36,88 1. Meet an imminent threat to public health, safety, or welfare.
AB208,36,99 2. Prevent a loss of commission or member state funds.
AB208,36,1110 3. Meet a deadline for the promulgation of an administrative rule that is
11established by federal law or rule.
AB208,36,2112 (m) The commission or an authorized committee of the commission may direct
13revisions to a previously adopted rule or amendment for purposes of correcting
14typographical errors, errors in format, errors in consistency, or grammatical errors.
15Public notice of any revisions shall be posted on the website of the commission. The
16revision shall be subject to challenge by any person for a period of 30 days after
17posting. The revision may be challenged only on grounds that the revision results
18in a material change to a rule. A challenge shall be made in writing and delivered
19to the chair of the commission prior to the end of the notice period. If no challenge
20is made, the revision shall take effect without further action. If the revision is
21challenged, the revision may not take effect without the approval of the commission.
AB208,36,25 22(11) Oversight, dispute resolution, and enforcement. (a) 1. Upon request by
23a member state, the commission shall attempt to resolve disputes related to the
24compact that arise among member states and between member and nonmember
25states.
AB208,37,2
12. The commission shall promulgate a rule providing for both mediation and
2binding dispute resolution for disputes as appropriate.
AB208,37,43 (b) 1. The commission, in the reasonable exercise of its discretion, shall enforce
4the provisions and rules of this compact.
AB208,37,115 2. By majority vote, the commission may initiate legal action in the United
6States District Court for the District of Columbia or the federal district where the
7commission has its principal offices against a member state in default to enforce
8compliance with the provisions of the compact and its promulgated rules and bylaws.
9The relief sought may include both injunctive relief and damages. Notwithstanding
10s. 814.04 (1), in the event judicial enforcement is necessary, the prevailing member
11shall be awarded all costs of litigation, including reasonable attorney's fees.
AB208,37,1312 3. The remedies herein shall not be the exclusive remedies of the commission.
13The commission may pursue any other remedies available under federal or state law.
AB208,37,21 14(12) Date of implementation of the interstate commission for audiology and
15speech-language pathology practice and associated rules, withdrawal, and
16amendment.
(a) The compact shall come into effect on the date on which the compact
17statute is enacted into law in the 10th member state. The provisions, which become
18effective at that time, shall be limited to the powers granted to the commission
19relating to assembly and the promulgation of rules. Thereafter, the commission shall
20meet and exercise rule-making powers necessary to the implementation and
21administration of the compact.
AB208,38,222 (b) Any state that joins the compact subsequent to the commission's initial
23adoption of the rules shall be subject to the rules as they exist on the date on which
24the compact becomes law in that state. Any rule that has been previously adopted

1by the commission shall have the full force and effect of law on the day the compact
2becomes law in that state.
AB208,38,43 (c) 1. Any member state may withdraw from this compact by enacting a statute
4repealing the same.
AB208,38,65 2. A member state's withdrawal shall not take effect until 6 months after
6enactment of the repealing statute.
AB208,38,107 3. Withdrawal shall not affect the continuing requirement of the withdrawing
8state's audiology or speech-language pathology licensing board to comply with the
9investigative and adverse action reporting requirements of this act prior to the
10effective date of withdrawal.
AB208,38,1411 (d) Nothing contained in this compact shall be construed to invalidate or
12prevent any audiology or speech-language pathology licensure agreement or other
13cooperative arrangement between a member state and a nonmember state that does
14not conflict with the provisions of this compact.
AB208,38,1715 (e) This compact may be amended by the member states. No amendment to this
16compact shall become effective and binding upon any member state until it is enacted
17into the laws of all member states.
AB208,39,2 18(13) Construction and severability. This compact shall be liberally construed
19so as to effectuate the purposes thereof. The provisions of this compact shall be
20severable and if any phrase, clause, sentence, or provision of this compact is declared
21to be contrary to the constitution of any member state or of the United States or the
22applicability thereof to any government, agency, person, or circumstance is held
23invalid, the validity of the remainder of this compact and the applicability thereof to
24any government, agency, person, or circumstance shall not be affected thereby. If this
25compact shall be held contrary to the constitution of any member state, the compact

1shall remain in full force and effect as to the remaining member states and in full
2force and effect as to the member state affected as to all severable matters.
AB208,39,5 3(14) Binding effect of compact and other laws. (a) Nothing herein prevents
4the enforcement of any other law of a member state that is not inconsistent with the
5compact.
AB208,39,76 (b) All laws in a member state in conflict with the compact are superseded to
7the extent of the conflict.
AB208,39,98 (c) All lawful actions of the commission, including all rules and bylaws
9promulgated by the commission, are binding upon the member states.
AB208,39,1110 (d) All agreements between the commission and the member states are binding
11in accordance with their terms.
AB208,39,1512 (e) In the event any provision of the compact exceeds the constitutional limits
13imposed on the legislature of any member state, the provision shall be ineffective to
14the extent of the conflict with the constitutional provision in question in that member
15state.
AB208,39,17 16459.71 Implementation of the audiology and speech-language
17pathology interstate compact.
(1) In this section:
AB208,39,2018 (a) “Compact privilege” means a compact privilege, as defined in s. 459.70 (2)
19(h), that is granted under the audiology and speech-language pathology interstate
20compact under s. 459.70 to an individual to practice in this state.
AB208,39,2121 (b) “Examining board” means the hearing and speech examining board.
AB208,39,23 22(2) The department may impose a fee for an individual to receive a compact
23privilege as provided under s. 459.70 (3) (j).
AB208,39,25 24(3) (a) An individual who holds a compact privilege shall comply with s. 440.03
25(13) (am).
AB208,40,4
1(b) Subject to s. 459.70 and any rules promulgated thereunder, ss. 440.20 to
2440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
3holds a compact privilege in the same manner that they apply to holders of licenses
4and permits issued under subch. II.
AB208,32 5Section 32. 632.895 (16) (b) 1. a. of the statutes is amended to read:
AB208,40,126 632.895 (16) (b) 1. a. Coverage of the cost of hearing aids and cochlear implants
7that are prescribed by a physician, or by an audiologist who is licensed under subch.
8II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, in
9accordance with accepted professional medical or audiological standards, for a child
10covered under the policy or plan who is under 18 years of age and who is certified as
11deaf or hearing impaired by a physician or by an audiologist who is licensed under
12subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459.
AB208,33 13Section 33. Nonstatutory provisions.
AB208,40,2214 (1) The hearing and speech examining board and the department of safety and
15professional services may promulgate emergency rules under s. 227.24 necessary to
16implement this act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
17promulgated under this subsection remain in effect until September 1, 2024, or the
18date on which permanent rules take effect, whichever is sooner. Notwithstanding
19s. 227.24 (1) (a) and (3), neither the board nor the department is required to provide
20evidence that promulgating a rule under this subsection as an emergency rule is
21necessary for the preservation of the public peace, health, safety, or welfare or
22provide a finding of emergency for a rule promulgated under this subsection.
AB208,40,2323 (End)
Loading...
Loading...