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18(4) Compact privilege. (a) To exercise the compact privilege under the terms
19and provisions of the compact, the audiologist or speech-language pathologist shall:
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1. Hold an active license in the home state.
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2. Have no encumbrance on any state license.
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3. Be eligible for a compact privilege in any member state in accordance with
23sub. (3).
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4. Have not had any adverse action against any license or compact privilege
25within the previous 2 years from date of application.
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15. Notify the commission that the licensee is seeking the compact privilege
2within a remote state.
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6. Pay any applicable fees, including any state fee, for the compact privilege.
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7. Report to the commission adverse action taken by any nonmember state
5within 30 days from the date the adverse action is taken.
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(b) For the purposes of the compact privilege, an audiologist or
7speech-language pathologist shall only hold one home state license at a time.
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(c) Except as provided in sub. (6), if an audiologist or speech-language
9pathologist changes primary state of residence by moving between 2 member states,
10the audiologist or speech-language pathologist must apply for licensure in the new
11home state, and the license issued by the prior home state shall be deactivated in
12accordance with applicable rules adopted by the commission.
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(d) The audiologist or speech-language pathologist may apply for licensure in
14advance of a change in primary state of residence.
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(e) A license shall not be issued by the new home state until the audiologist or
16speech-language pathologist provides satisfactory evidence of a change in primary
17state of residence to the new home state and satisfies all applicable requirements to
18obtain a license from the new home state.
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(f) If an audiologist or speech-language pathologist changes primary state of
20residence by moving from a member state to a nonmember state, the license issued
21by the prior home state shall convert to a single-state license, valid only in the former
22home state.
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(g) The compact privilege is valid until the expiration date of the home state
24license. The licensee must comply with the requirements of par. (a) to maintain the
25compact privilege in the remote state.
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1(h) A licensee providing audiology or speech-language pathology services in a
2remote state under the compact privilege shall function within the laws and
3regulations of the remote state.
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(i) A licensee providing audiology or speech-language pathology services in a
5remote state is subject to that state's regulatory authority. A remote state may, in
6accordance with due process and that state's laws, remove a licensee's compact
7privilege in the remote state for a specific period of time, impose fines, and/or take
8any other necessary actions to protect the health and safety of its citizens.
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(j) If a home state license is encumbered, the licensee shall lose the compact
10privilege in any remote state until all of the following occur:
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1. The home state license is no longer encumbered.
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2. Two years have elapsed from the date of the adverse action.
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(k) Once an encumbered license in the home state is restored to good standing,
14the licensee must meet the requirements of par. (a) to obtain a compact privilege in
15any remote state.
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(L) Once the requirements of par. (j) have been met, the licensee must meet the
17requirements in par. (a) to obtain a compact privilege in a remote state.
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18(5) Compact privilege to practice telehealth. Member states shall recognize
19the right of an audiologist or speech-language pathologist, licensed by a home state
20in accordance with sub. (3) and under rules promulgated by the commission, to
21practice audiology or speech-language pathology in any member state via telehealth
22under a privilege to practice as provided in the compact and rules promulgated by
23the commission.
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24(6) Active duty military personnel or their spouses. Active duty military
25personnel, or their spouse, shall designate a home state where the individual has a
1current license in good standing. The individual may retain the home state
2designation during the period the service member is on active duty. Subsequent to
3designating a home state, the individual shall only change their home state through
4application for licensure in the new state.
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5(7) Adverse actions. (a) In addition to the other powers conferred by state law,
6a remote state shall have the authority, in accordance with existing state due process
7law, to do any of the following:
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1. Take adverse action against an audiologist's or speech-language
9pathologist's privilege to practice within that member state.
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2. Issue subpoenas for both hearings and investigations that require the
11attendance and testimony of witnesses as well as the production of evidence.
12Subpoenas issued by a licensing board in a member state for the attendance and
13testimony of witnesses or the production of evidence from another member state
14shall be enforced in the latter state by any court of competent jurisdiction, according
15to the practice and procedure of that court applicable to subpoenas issued in
16proceedings pending before it. The issuing authority shall pay any witness fees,
17travel expenses, mileage, and other fees required by the service statutes of the state
18in which the witnesses or evidence are located.
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3. Only the home state shall have the power to take adverse action against a
20audiologist's or speech-language pathologist's license issued by the home state.
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(b) For purposes of taking adverse action, the home state shall give the same
22priority and effect to reported conduct received from a member state as it would if
23the conduct had occurred within the home state. In so doing, the home state shall
24apply its own state laws to determine appropriate action.
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1(c) The home state shall complete any pending investigations of an audiologist
2or speech-language pathologist who changes primary state of residence during the
3course of the investigations. The home state shall also have the authority to take
4appropriate action and shall promptly report the conclusions of the investigations to
5the administrator of the data system. The administrator of the coordinated licensure
6information system shall promptly notify the new home state of any adverse actions.
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(d) If otherwise permitted by state law, the member state may recover from the
8affected audiologist or speech-language pathologist the costs of investigations and
9disposition of cases resulting from any adverse action taken against that audiologist
10or speech-language pathologist.
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(e) The member state may take adverse action based on the factual findings of
12the remote state, provided that the member state follows the member state's own
13procedures for taking the adverse action.
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(f) 1. In addition to the authority granted to a member state by its respective
15audiology or speech-language pathology practice act or other applicable state law,
16any member state may participate with other member states in joint investigations
17of licensees.
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2. Member states shall share any investigative, litigation, or compliance
19materials in furtherance of any joint or individual investigation initiated under the
20compact.
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(g) If adverse action is taken by the home state against an audiologist's or
22speech language pathologist's license, the audiologist's or speech-language
23pathologist's privilege to practice in all other member states shall be deactivated
24until all encumbrances have been removed from the state license. All home state
25disciplinary orders that impose adverse action against an audiologist's or speech
1language pathologist's license shall include a statement that the audiologist's or
2speech-language pathologist's privilege to practice is deactivated in all member
3states during the pendency of the order.
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(h) If a member state takes adverse action, it shall promptly notify the
5administrator of the data system. The administrator of the data system shall
6promptly notify the home state of any adverse actions by remote states.
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(i) Nothing in this compact shall override a member state's decision that
8participation in an alternative program may be used in lieu of adverse action.
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9(8) Establishment of the audiology and speech-language pathology compact
10commission. (a) 1. The compact member states hereby create and establish a joint
11public agency known as the audiology and speech-language pathology compact
12commission.
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2. The commission is an instrumentality of the compact states.
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3. Venue is proper and judicial proceedings by or against the commission shall
15be brought solely and exclusively in a court of competent jurisdiction where the
16principal office of the commission is located. The commission may waive venue and
17jurisdictional defenses to the extent it adopts or consents to participate in alternative
18dispute resolution proceedings.
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4. Nothing in this compact shall be construed to be a waiver of sovereign
20immunity.
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(b) 1. Each member state shall have 2 delegates selected by that member state's
22licensing board. The delegates shall be current members of the licensing board. One
23shall be an audiologist and one shall be a speech-language pathologist.
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12. An additional 5 delegates, who are either a public member or board
2administrator from a state licensing board, shall be chosen by the executive
3committee from a pool of nominees provided by the commission at large.
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3. Any delegate may be removed or suspended from office as provided by the
5law of the state from which the delegate is appointed.
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4. The member state board shall fill any vacancy occurring on the commission,
7within 90 days.
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5. Each delegate shall be entitled to one vote with regard to the promulgation
9of rules and creation of bylaws and shall otherwise have an opportunity to participate
10in the business and affairs of the commission.
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6. A delegate shall vote in person or by other means as provided in the bylaws.
12The bylaws may provide for delegates' participation in meetings by telephone or
13other means of communication.
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7. The commission shall meet at least once during each calendar year.
15Additional meetings shall be held as set forth in the bylaws.
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(c) The commission shall have the following powers and duties:
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1. Establish the fiscal year of the commission.
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2. Establish bylaws.
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3. Establish a code of ethics.
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4. Maintain its financial records in accordance with the bylaws.
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5. Meet and take actions as are consistent with the provisions of this compact
22and the bylaws.
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6. Promulgate uniform rules to facilitate and coordinate implementation and
24administration of this compact. The rules shall have the force and effect of law and
25shall be binding in all member states.
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17. Bring and prosecute legal proceedings or actions in the name of the
2commission, provided that the standing of any state audiology or speech-language
3pathology licensing board to sue or be sued under applicable law shall not be affected.
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8. Purchase and maintain insurance and bonds.
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9. Borrow, accept, or contract for services of personnel, including, but not
6limited to, employees of a member state.
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10. Hire employees, elect or appoint officers, fix compensation, define duties,
8grant individuals appropriate authority to carry out the purposes of the compact, and
9to establish the commission's personnel policies and programs relating to conflicts
10of interest, qualifications of personnel, and other related personnel matters.
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11. Accept any and all appropriate donations and grants of money, equipment,
12supplies, materials, and services, and to receive, utilize, and dispose of the same;
13provided that at all times the commission shall avoid any appearance of impropriety
14and/or conflict of interest.
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12. Lease, purchase, and accept appropriate gifts or donations of, or otherwise
16to own, hold, improve, or use, any property, real, personal or mixed; provided that at
17all times the commission shall avoid any appearance of impropriety.
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13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
19dispose of any property, real, personal, or mixed.
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14. Establish a budget and make expenditures.
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15. Borrow money.
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16. Appoint committees, including standing committees composed of members,
23and other interested persons as may be designated in this compact and the bylaws.
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17. Provide and receive information from, and cooperate with, law enforcement
25agencies.
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118. Establish and elect an executive committee.
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19. Perform other functions as may be necessary or appropriate to achieve the
3purposes of this compact consistent with the state regulation of audiology and
4speech-language pathology licensure and practice.
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(d) 1. The executive committee shall have the power to act on behalf of the
6commission according to the terms of this compact.
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2. The executive committee shall be composed of the following 10 members:
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a. Seven voting members who are elected by the commission from the current
9membership of the commission.
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b. Two ex-officios, consisting of one nonvoting member from a recognized
11national audiology professional association and one nonvoting member from a
12recognized national speech-language pathology association.
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c. One ex-officio, nonvoting member from the recognized membership
14organization of the audiology and speech-language pathology licensing boards.
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(e) 1. The ex-officio members shall be selected by their respective
16organizations.
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2. The commission may remove any member of the executive committee as
18provided in bylaws.
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3. The executive committee shall meet at least annually.
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4. The executive committee shall have the following duties and responsibilities:
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a. Recommend to the entire commission changes to the rules or bylaws, changes
22to this compact legislation, fees paid by compact member states such as annual dues,
23and any commission compact fee charged to licensees for the compact privilege.
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b. Ensure compact administration services are appropriately provided,
25contractual or otherwise.
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1c. Prepare and recommend the budget.
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d. Maintain financial records on behalf of the commission.
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e. Monitor compact compliance of member states and provide compliance
4reports to the commission.
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f. Establish additional committees as necessary.
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g. Other duties as provided in rules or bylaws.
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5. All meetings shall be open to the public, and public notice of meetings shall
8be given in the same manner as required under the rule-making provisions in sub.
9(10).
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6. The commission or the executive committee or other committees of the
11commission may convene in a closed, nonpublic meeting if the commission or
12executive committee or other committees of the commission must discuss:
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a. Noncompliance of a member state with its obligations under the compact.
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b. The employment, compensation, discipline, or other matters, practices, or
15procedures related to specific employees or other matters related to the commission's
16internal personnel practices and procedures.
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c. Current, threatened, or reasonably anticipated litigation.
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d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
19real estate.