{"data":{"id":"us-ky/krs-334a.188","jurisdiction":"us-ky","citation":"KRS 334A.188","heading":"Audiology and Speech-Language Pathology Interstate Compact.","body":"SECTION 1: PURPOSE The purpose of this 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 practice of audiology and speec h-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:\n1. Increase public access to audiology and speech -language pathology services by providing for the mutual recognition of other member state licenses;\n2. Enhance the states' ability to protect the public's health and safety;\n3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;\n4. Support spouses of relocating active duty military personnel;\n5. Enhance the exchange of licensure, investigative and disciplinary information between member states;\n6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and\n7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services. SECTION 2: DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall apply: 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. secs. 1209 and 1211; 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.\nC. \"Alternative program\" means a non-disciplinary monitoring process approved by an audiology or speech -language pathology licensing board to address impaired practitioners.\nD. \"Audiologist\" means an individual who is licensed by a state to practice audiology. E. \"Audiology\" means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules. F. \"Audiology and Speech -Language Pathology Compact Commission\" or\n\"Commission\" means the national administrative body whose membership consists\nof all states that have enacted the Compact.\nG. \"Audiology and speech -language pathology licensing board,\" \"audiology licensing\nboard,\" \"speech -language pathology licensing board,\" or \"licensing board\" means\nthe agency of a state that is responsible for the licensing and regulation of\naudiologists and/or speech-language pathologists.\nH. \"Compact privilege\" means the authorization granted by a remote state to allow a\nlicensee from another member state to practice as an audiologist or speech-language\npathologist in the remote state under its laws and rules. The practice of audiology or\nspeech-language pathology occurs in the member state where the\npatient/client/student is located at the time of the patient/client/student encounter.\nI. \"Current significant investigative information\" means investigative information that\na licensing board, after an inquiry or investigation that includes notification and an\nopportunity for the audiologist or speech -language pathologist to respond, if\nrequired by state law, has reason to believe is not groundless and, if proved true,\nwould indicate more than a minor infraction.\nJ. \"Data system\" means a repository of information about licensees, including, but not\nlimited to, continuing education, examination, licensure, investigative, compact\nprivilege and adverse action.\nK. \"Encumbered license\" means a lice nse in which an adverse action restricts the\npractice of audiology or speech-language pathology by the licensee and said adverse\naction has been reported to the National Practitioners Data Bank (NPDB).\nL. \"Executive Committee\" means a group of directors el ected or appointed to act on\nbehalf of, and within the powers granted to them by, the Commission.\nM. \"Home state\" means the member state that is the licensee’s primary state of\nresidence.\nN. \"Impaired practitioner\" means individuals whose professional prac tice is adversely\naffected by substance abuse, addiction, or other health-related conditions.\nO. \"Licensee\" means an individual who currently holds an authorization from the state\nlicensing board to practice as an audiologist or speech-language pathologist.\nP. \"Member state\" means a state that has enacted the Compact.\nQ. \"Privilege to practice\" means a legal authorization permitting the practice of\naudiology or speech-language pathology in a remote state.\nR. \"Remote state\" means a member state other than th e home state where a licensee is\nexercising or seeking to exercise the compact privilege.\nS. \"Rule\" means a regulation, principle or directive promulgated by the Commission\nthat has the force of law.\nT. \"Single-state license\" means an audiology or speech -language pathology license\nissued by a member state that authorizes practice only within the issuing state and\ndoes not include a privilege to practice in any other member state.\nU. \"Speech-language pathologist\" means an individual who is licensed by a stat e to\npractice speech-language pathology.\nV. \"Speech-language pathology means the care and services provided by a licensed\nspeech-language pathologist as set forth in the member state’s statutes and rules.\nW. \"State\" means any state, commonwealth, district or territory of the United States of\nAmerica that regulates the practice of audiology and speech-language pathology.\nX. \"State practice laws\" means a member state’s laws, rules and regulations that\ngovern the practice of audiology or speech -language pathology, define the scope of\naudiology or speech -language pathology practice, and create the methods and\ngrounds for imposing discipline.\nY. \"Telehealth\" means the application of telecommunication technologies that meets\nthe applicable standard of care to deli ver audiology or speech -language pathology\nservices at a distance for assessment, intervention and/or consultation.\nSECTION 3: STATE PARTICIPATION IN THE COMPACT\nA. A license issued to an audiologist or speech-language pathologist by a home state to\na resident in that state shall be recognized by each member state as authorizing an\naudiologist or speech-language pathologist to practice audiology or speech-language\npathology, under a privilege to practice, in each member state.\nB. A state must implement or u tilize procedures for considering the criminal history\nrecords of applicants for initial privilege to practice. These procedures shall include\nthe submission of fingerprints or other biometric -based information by applicants\nfor the purpose of obtaining an applicant’s criminal history record information from\nthe Federal Bureau of Investigation and the agency responsible for retaining that\nstate’s criminal records.\n1. A member state must fully implement a criminal background check\nrequirement, within a time frame established by rule, by receiving the results\nof the Federal Bureau of Investigation record search on criminal background\nchecks and use the results in making licensure decisions.\n2. Communication between a member state, the Commission and among\nmember states regarding the verification of eligibility for licensure through the\nCompact shall not include any information received from the Federal Bureau\nof Investigation relating to a feder al criminal records check performed by a\nmember state under Public Law 92-544.\nC. Upon application for a privilege to practice, the licensing board in the issuing\nremote state shall ascertain, through the data system, whether the applicant has ever\nheld, or is the holder of, a license issued by any other state, whether there are any\nencumbrances on any license or privilege to practice held by the applicant, whether\nany adverse action has been taken against any license or privilege to practice held\nby the applicant.\nD. Each member state shall require an applicant to obtain or retain a license in the\nhome state and meet the home state’s qualifications for licensure or renewal of\nlicensure, as well as, all other applicable state laws.\nE. For an audiologist:\n1. Must meet one (1) of the following educational requirements:\na. On or before, December 31, 2007, has graduated with a master’s degree\nor doctorate in audiology, or equivalent degree regardless of degree\nname, from a program that is accredited by an accredi ting agency\nrecognized by the Council for Higher Education Accreditation, or its\nsuccessor, or by the United States Department of Education and operated\nby a college or university accredited by a regional or national accrediting\norganization recognized by the board;\nb. On or after, January 1, 2008, has graduated with a Doctoral degree in\naudiology, or equivalent degree, regardless of degree name, from a\nprogram that is accredited by an accrediting agency recognized by the\nCouncil for Higher Education Accred itation, or its successor, or by the\nUnited States Department of Education and operated by a college or\nuniversity accredited by a regional or national accrediting organization\nrecognized by the board; or\nc. Has graduated from an audiology program that is housed in an\ninstitution of higher education outside of the United States (a) for which\nthe program and institution have been approved by the authorized\naccrediting body in the applicable country and (b) the degree program\nhas been verified by an independe nt credentials review agency to be\ncomparable to a state licensing board-approved program;\n2. Has completed a supervised clinical practicum experience from an accredited\neducational institution or its cooperating programs as required by the\nCommission;\n3. Has successfully passed a national examination approved by the Commission;\n4. Holds an active, unencumbered license;\n5. Has not been convicted or found guilty, and has not entered into an agreed\ndisposition, of a felony related to the practice of audiology , under applicable\nstate or federal criminal law; and\n6. Has a valid United States Social Security or National Practitioner\nIdentification number.\nF. For a speech-language pathologist:\n1. Must meet one (1) of the following educational requirements:\na. Has graduated with a master’s degree from a speech-language pathology\nprogram that is accredited by an organization recognized by the United\nStates Department of Education and operated by a college or university\naccredited by a regional or national accrediting  organization recognized\nby the board; or\nb. Has graduated from a speech-language pathology program that is housed\nin an institution of higher education outside of the United States (a) for\nwhich the program and institution have been approved by the author ized\naccrediting body in the applicable country and (b) the degree program\nhas been verified by an independent credentials review agency to be\ncomparable to a state licensing board-approved program;\n2. Has completed a supervised clinical practicum experience from an educational\ninstitution or its cooperating programs as required by the Commission;\n3. Has completed a supervised postgraduate professional experience as required\nby the Commission;\n4. Has successfully passed a national examination approved by the Commission;\n5. Holds an active, unencumbered license;\n6. Has not been convicted or found guilty, and has not entered into an agreed\ndisposition, of a felony related to the practice of speech -language pathology,\nunder applicable state or federal criminal law; and\n7. Has a valid United States Social Security or National Practitioner\nIdentification number.\nG. The privilege to practice is derived from the home state license.\nH. An audiologist or speech -language pathologist practicing in a member state must\ncomply with the state practice laws of the state in which the client is located at the\ntime service is provided. The practice of audiology and speech -language pathology\nshall include all audiology and speech-language pathology practice as defined by the\nstate practice laws of the member state in which the client is located. The practice of\naudiology and speech -language pathology in a member state under a privilege to\npractice shall subject an audiologist or speech -language pathologist to the\njurisdiction of t he licensing board, the courts and the laws of the member state in\nwhich the client is located at the time service is provided.\nI. Individuals not residing in a member state shall continue to be able to apply for a\nmember state’s single-state license as pr ovided under the laws of each member\nstate. However, the single -state license granted to these individuals shall not be\nrecognized as granting the privilege to practice audiology or speech -language\npathology in any other member state. Nothing in this Compa ct shall affect the\nrequirements established by a member state for the issuance of a single -state\nlicense.\nJ. Member states may charge a fee for granting a compact privilege.\nK. Member states must comply with the bylaws and rules and regulations of the\nCommission.\nSECTION 4: COMPACT PRIVILEGE\nA. To exercise the compact privilege under the terms and provisions of the Compact,\nthe audiologist or speech-language pathologist shall:\n1. Hold an active license in the home state;\n2. Have no encumbrance on any state license;\n3. Be eligible for a compact privilege in any member state in accordance with\nSection 3;\n4. Have not had any adverse action against any license or compact privilege\nwithin the previous two (2) years from date of application;\n5. Notify the Commission that the licensee is seeking the compact privilege\nwithin a remote state(s);\n6. Pay any applicable fees, including any state fee, for the compact privilege; and\n7. Report to the Commission adverse action taken by any non -member state\nwithin thirty (30) days from the date the adverse action is taken.\nB. For the purposes of the compact privilege, an audiologist or speech -language\npathologist shall only hold one (1) home state license at a time.\nC. Except as provided in Section 6, if an audiologist or speech -language pathologist\nchanges primary state of residence by moving between two -member states, the\naudiologist or speech -language pathologist must apply for licensure in the new\nhome state, and the license issued by the prior home state shall be deactivated in\naccordance with applicable rules adopted by the Commission.\nD. The audiologist or speech -language pathologist may apply for licensure in advance\nof a change in primary state of residence.\nE. A license shall not be issued by the new home state until the audiologist or speech -\nlanguage pathologist provides satisfactory evidence of a change in primary state of\nresidence to the new home state and satisfies all applicable requirem ents to obtain a\nlicense from the new home state.\nF. If an audiologist or speech -language pathologist changes primary state of residence\nby moving from a member state to a non -member state, the license issued by the\nprior home state shall convert to a sing le-state license, valid only in the former\nhome state and the privilege to practice in any member state is deactivated in\naccordance with the rules promulgated by the Commission.\nG. The compact privilege is valid until the expiration date of the home state  license.\nThe licensee must comply with the requirements of Section 4A to maintain the\ncompact privilege in the remote state.\nH. A licensee providing audiology or speech -language pathology services in a remote\nstate under the compact privilege shall functi on within the laws and regulations of\nthe remote state.\nI. A licensee providing audiology or speech -language pathology services in a remote\nstate is subject to that state’s regulatory authority. A remote state may, in\naccordance with due process and that s tate’s laws, remove a licensee’s compact\nprivilege in the remote state for a specific period of time, impose fines, and/or take\nany other necessary actions to protect the health and safety of its citizens.\nJ. If a home state license is encumbered, the lice nsee shall lose the compact privilege\nin any remote state until the following occur:\n1. The home state license is no longer encumbered; and\n2. Two (2) years have elapsed from the date of the adverse action.\nK. Once an encumbered license in the home state i s restored to good standing, the\nlicensee must meet the requirements of Section 4A to obtain a compact privilege in\nany remote state.\nL. Once the requirements of Section 4J have been met, the licensee must meet the\nrequirements in Section 4A to obtain a compact privilege in a remote state.\nSECTION 5: COMPACT PRIVILEGE TO PRACTICE TELEHEALTH\nMember states shall recognize the right of an audiologist or speech -language pathologist,\nlicensed by a home state in accordance with Section 3 and under rules promulgated by the\nCommission, to practice audiology or speech-language pathology in any member state via\ntelehealth under a privilege to practice as provided in the Compact and rules promulgated\nby the Commission. A licensee providing audiology or speech -language pathology\nservices in a remote state under the compact privilege shall function within the laws and\nregulations of the state where the patient/client/student is located.\nSECTION 6: ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES\nActive duty military person nel, or their spouse, shall designate a home state where the\nindividual has a current license in good standing. The individual may retain the home\nstate designation during the period the service member is on active duty. Subsequent to\ndesignating a home st ate, the individual shall only change their home state through\napplication for licensure in the new state.\nSECTION 7: ADVERSE ACTIONS\nA. In addition to the other powers conferred by state law, a remote state shall have the\nauthority, in accordance with existing state due process law, to:\n1. Take adverse action against an audiologist’s or speech-language pathologist’s\nprivilege to practice within that member state.\n2. Issue subpoenas for both hearings and investigations that require the\nattendance and testimony of witnesses as well as the production of evidence.\nSubpoenas issued by a licensing board in a member state for the attendance\nand te stimony of witnesses or the production of evidence from another\nmember state shall be enforced in the latter state by any court of competent\njurisdiction, according to the practice and procedure of that court applicable to\nsubpoenas issued in proceedings pending before it. The issuing authority shall\npay any witness fees, travel expenses, mileage and other fees required by the\nservice statutes of the state in which the witnesses or evidence are located.\n3. Only the home state shall have the power to take ad verse action against a\naudiologist’s or speech-language pathologist’s license issued by the home\nstate.\nB. For purposes of taking adverse action, the home state shall give the same priority\nand effect to reported conduct received from a member state as it would if the\nconduct had occurred within the home state. In so doing, the home state shall apply\nits own state laws to determine appropriate action.\nC. The home state shall complete any pending investigations of an audiologist or\nspeech-language pathologis t who changes primary state of residence during the\ncourse of the investigations. The home state shall also have the authority to take\nappropriate action(s) and shall promptly report the conclusions of the investigations\nto the administrator of the data sy stem. The administrator of the data system shall\npromptly notify the new home state of any adverse actions.\nD. If otherwise permitted by state law, the member state may recover from the affected\naudiologist or speech -language pathologist the costs of inves tigations and\ndisposition of cases resulting from any adverse action taken against that audiologist\nor speech-language pathologist.\nE. The member state may take adverse action based on the factual findings of the\nremote state, provided that the member stat e follows the member state's own\nprocedures for taking the adverse action.\nF. Joint Investigations\n1. In addition to the authority granted to a member state by its respective\naudiology or speech-language pathology practice act or other applicable state\nlaw, any member state may participate with other member states in joint\ninvestigations of licensees.\n2. Member states shall share any investigative, litigation, or compliance\nmaterials in furtherance of any joint or individual investigation initiated under\nthe Compact.\nG. If adverse action is taken by the home state against an audiologist’s or speech\nlanguage pathologist’s license, the audiologist’s or speech-language pathologist’s\nprivilege to practice in all other member states shall be deactivated until all\nencumbrances have been removed from the state license. All home state\ndisciplinary orders that impose adverse action against an audiologist’s or speech\nlanguage pathologist’s license shall include a statement that the audiologist’s or\nspeech-language pathologist’s privilege to practice is deactivated in all member\nstates during the pendency of the order.\nH. If a member state takes adverse action against a licensee, it shall promptly notify the\nadministrator of the data system. The administrator of the data  system shall\npromptly notify the home state and any remote states in which the licensee has a\nprivilege to practice of any adverse actions by the home state or remote states.\nI. Nothing in this Compact shall override a member state’s decision that participation\nin an alternative program may be used in lieu of adverse action.\nSECTION 8: ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE\nPATHOLOGY COMPACT COMMISSION\nA. The Compact member states hereby create and establish a joint public agency\nknown as the Audiology and Speech-Language Pathology Compact Commission:\n1. The Commission is an instrumentality of the Compact states.\n2. Venue is proper and judicial proceedings by or against the Commission shall\nbe brought solely and exclusively in a court of compete nt jurisdiction where\nthe principal office of the Commission is located. The Commission may\nwaive venue and jurisdictional defenses to the extent it adopts or consents to\nparticipate in alternative dispute resolution proceedings.\n3. Nothing in this Compact  shall be construed to be a waiver of sovereign\nimmunity.\nB. Membership, Voting and Meetings\n1. Each member state shall have two (2) delegates selected by that member\nstate’s licensing board. The delegates shall be current members of the\nlicensing board. One (1) shall be an audiologist and one (1) shall be a speech -\nlanguage pathologist.\n2. An additional five (5) delegates, who are either a public member or board\nadministrator from a state licensing board, shall be chosen by the Executive\nCommittee from a pool of nominees provided by the Commission at Large.\n3. Any delegate may be removed or suspended from office as provided by the\nlaw of the state from which the delegate is appointed.\n4. The member state board shall fill any vacancy occurring on the Commissi on,\nwithin ninety (90) days.\n5. Each delegate shall be entitled to one (1) vote with regard to the promulgation\nof rules and creation of bylaws and shall otherwise have an opportunity to\nparticipate in the business and affairs of the Commission.\n6. A delegate shall vote in person or by other means as provided in the bylaws.\nThe bylaws may provide for delegates’ participation in meetings by telephone\nor other means of communication.\n7. The Commission shall meet at least once during each calendar year.\nAdditional meetings shall be held as set forth in the bylaws.\nC. The Commission shall have the following powers and duties:\n1. Establish the fiscal year of the Commission;\n2. Establish bylaws;\n3. Establish a Code of Ethics;\n4. Maintain its financial records in accordance with the bylaws;\n5. Meet and take actions as are consistent with the provisions of this Compact\nand the bylaws;\n6. Promulgate uniform rules to facilitate and coordinate impl ementation and\nadministration of this Compact. The rules shall have the force and effect of\nlaw and shall be binding in all member states to the extent and in the manner\nprovided for in the Compact;\n7. Bring and prosecute legal proceedings or actions in th e name of the\nCommission, provided that the standing of any state audiology or speech -\nlanguage pathology licensing board to sue or be sued under applicable law\nshall not be affected;\n8. Purchase and maintain insurance and bonds;\n9. Borrow, accept, or contr act for services of personnel, including, but not\nlimited to, employees of a member state;\n10. Hire employees, elect or appoint officers, fix compensation, define duties,\ngrant individuals appropriate authority to carry out the purposes of the\nCompact, and to establish the Commission’s personnel policies and programs\nrelating to conflicts of interest, qualifications of personnel, and other related\npersonnel matters;\n11. Accept any and all appropriate donations and grants of money, equipment,\nsupplies, mater ials and services, and to receive, utilize and dispose of the\nsame; provided that at all times the Commission shall avoid any appearance of\nimpropriety and/or conflict of interest;\n12. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own,\nhold, improve or use, any property, real, personal or mixed; provided that at\nall times the Commission shall avoid any appearance of impropriety;\n13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise\ndispose of any property real, personal, or mixed;\n14. Establish a budget and make expenditures;\n15. Borrow money;\n16. Appoint committees, including standing committees composed of members,\nand other interested persons as may be designated in this Compact and the\nbylaws;\n17. Provide and receive information from, and cooperate with, law enforcement\nagencies;\n18. Establish and elect an Executive Committee; and\n19. Perform other functions as may be necessary or appropriate to achieve the\npurposes of this Compact consistent with the state regulation of audiology and\nspeech-language pathology licensure and practice.\nD. The Commission shall have no authority to change or modify the laws of the\nmember states which define the practice of audiology and speech -language\npathology in the respective states.\nE. The Executive Committee\nThe Executive Committee shall have the power to act on behalf of the Commission,\nwithin the powers of the Commission, according to the terms of this Compact:\n1. The Executive Committee shall be composed of ten (10) members:\na. Seven (7) voting members who are elected by the Commission from the\ncurrent membership of the Commission;\nb. Two (2) ex officios, consisting of one (1) nonvoting member from a\nrecognized national audiology professional association and one (1)\nnonvoting member from a recognized national speech -language\npathology association; and\nc. One (1) ex officio, nonvoting me mber from the recognized membership\norganization of the audiology and speech -language pathology licensing\nboards.\nF. The ex officio members shall be selected by their respective organizations.\n1. The Commission may remove any member of the Executive Commit tee as\nprovided in bylaws.\n2. The Executive Committee shall meet at least annually.\n3. The Executive Committee shall have the following duties and responsibilities:\na. Recommend to the entire Commission changes to the rules or bylaws,\nchanges to this Compa ct legislation, fees paid by Compact member\nstates such as annual dues, and any commission Compact fee charged to\nlicensees for the compact privilege;\nb. Ensure Compact administration services are appropriately provided,\ncontractual or otherwise;\nc. Prepare and recommend the budget;\nd. Maintain financial records on behalf of the Commission;\ne. Monitor Compact compliance of member states and provide compliance\nreports to the Commission;\nf. Establish additional committees as necessary; and\ng. Other duties as provided in rules or bylaws.\n4. Meetings of the Commission or Executive Committee\nAll meetings shall be open to the public, and public notice of meetings shall\nbe given in the same manner as required under the rulemaking provisions in\nSection 10.\n5. The C ommission or the Executive Committee or other committees of the\nCommission may convene in a closed, non -public meeting if the Commission\nor Executive Committee or other committees of the Commission must\ndiscuss:\na. Non-compliance of a member state with its  obligations under the\nCompact;\nb. The employment, compensation, discipline or other matters, practices or\nprocedures related to specific employees or other matters related to the\nCommission’s internal personnel practices and procedures;\nc. Current, threatened, or reasonably anticipated litigation;\nd. Negotiation of contracts for the purchase, lease, or sale of goods,\nservices, or real estate;\ne. Accusing any person of a crime or formally censuring any person;\nf. Disclosure of trade secrets or commercial or financial information that is\nprivileged or confidential;\ng. Disclosure of information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\nh. Disclosure of investigative records compiled for law enfor cement\npurposes;\ni. Disclosure of information related to any investigative reports prepared\nby or on behalf of or for use of the Commission or other committee\ncharged with responsibility of investigation or determination of\ncompliance issues pursuant to the Compact; or\nj. Matters specifically exempted from disclosure by federal or member\nstate statute.\n6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the\nCommission’s legal counsel or designee shall certify that the meeting may be\nclosed and shall reference each relevant exempting provision.\n7. The Commission shall keep minutes that fully and clearly describe all matters\ndiscussed in a meeting and shall provide a full and accurate summary of\nactions taken, and the reasons therefor, including a description of the views\nexpressed. All documents considered in connection with an action shall be\nidentified in minutes. All minutes and documents of meetings other than\nclosed meetings shall be made  available to members of the public upon\nrequest at the requesting person's expense. All minutes and documents of a\nclosed meeting shall remain under seal, subject to release by a majority vote of\nthe Commission or order of a court of competent jurisdiction.\n8. Financing of the Commission\na. The Commission shall pay, or provide for the payment of, the reasonable\nexpenses of its establishment, organization, and ongoing activities.\nb. The Commission may accept any and all appropriate revenue sources,\ndonations, and grants of money, equipment, supplies, materials, and\nservices.\nc. The Commission may levy on and collect an annual assessment from\neach member state or impose fees on other parties to cover the cost of\nthe operations and activities of the Commission and its staff, which must\nbe in a total amount sufficient to cover its annual budget as approved\neach year for which revenue is not provided by other sources. The\naggregate annual assessment amount shall be allocated based upon a\nformula to be determined by the Commission, which shall promulgate a\nrule binding upon all member states.\n9. The Commission shall not incur obligations of any kind prior to securing the\nfunds adequate to meet the same; nor shall the Commission pledge the credit\nof any of the membe r states, except by and with the authority of the member\nstate.\n10. The Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Commission shall be\nsubject to the audit and accounting procedures esta blished under its bylaws.\nHowever, all receipts and disbursements of funds handled by the Commission\nshall be audited yearly by a certified or licensed public accountant, and the\nreport of the audit shall be included in and become part of the annual report  of\nthe Commission.\nG. Qualified Immunity, Defense, and Indemnification\n1. The members, officers, executive director, employees and representatives of\nthe Commission shall be immune from suit and liability, either personally or\nin their official capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused by or arising out of any actual or\nalleged act, error or omission that occurred, or that the person against whom\nthe claim is made had a reasonable basis for  believing occurred within the\nscope of Commission employment, duties or responsibilities; provided that\nnothing in this paragraph shall be construed to protect any person from suit\nand/or liability for any damage, loss, injury, or liability caused by the\nintentional or willful or wanton misconduct of that person.\n2. The Commission shall defend any member, officer, executive director,\nemployee or representative of the Commission in any civil action seeking to\nimpose liability arising out of any actual or al leged act, error, or omission that\noccurred within the scope of Commission employment, duties, or\nresponsibilities, or that the person against whom the claim is made had a\nreasonable basis for believing occurred within the scope of Commission\nemployment, duties, or responsibilities; provided that nothing herein shall be\nconstrued to prohibit that person from retaining his or her own counsel; and\nprovided further, that the actual or alleged act, error, or omission did not result\nfrom that person’s intentional or willful or wanton misconduct.\n3. The Commission shall indemnify and hold harmless any member, officer,\nexecutive director, employee, or representative of the Commission for the\namount of any settlement or judgment obtained against that person arising out\nof any actual or alleged act, error or omission that occurred within the scope\nof Commission employment, duties, or responsibilities, or that person had a\nreasonable basis for believing occurred within the scope of Commission\nemployment, duties, or responsibilities, provided that the actual or alleged act,\nerror, or omission did not result from the intentional or willful or wanton\nmisconduct of that person.\nSECTION 9: DATA SYSTEM\nA. The Commission shall provide for the development, maintenance, and util ization of\na coordinated database and reporting system containing licensure, adverse action,\nand investigative information on all licensed individuals in member states.\nB. Notwithstanding any other provision of state law to the contrary, a member state\nshall submit a uniform data set to the data system on all individuals to whom this\nCompact is applicable as required by the rules of the Commission, including:\n1. Identifying information;\n2. Licensure data;\n3. Adverse actions against a license or compact privilege;\n4. Non-confidential information related to alternative program participation;\n5. Any denial of application for licensure, and the reason(s) for denial; and\n6. Other information that may facilitate the administration of this Compact, as\ndetermined by the rules of the Commission.\nC. Investigative information pertaining to a licensee in any member state shall only be\navailable to other member states.\nD. The Commission shall promptly notify all member states of any adverse action\ntaken against a licensee  or an individual applying for a license. Adverse action\ninformation pertaining to a licensee in any member state shall be available to any\nother member state.\nE. Member states contributing information to the data system may designate\ninformation that may not be shared with the public without the express permission\nof the contributing state.\nF. Any information submitted to the data system that is subsequently required to be\nexpunged by the laws of the member state contributing the information shall be\nremoved from the data system.\nSECTION 10: RULEMAKING\nA. The Commission shall exercise its rulemaking powers pursuant to the criteria set\nforth in this Section and the rules adopted thereunder. Rules and amendments shall\nbecome binding as of the date specified in each rule or amendment.\nB. If a majority of the legislatures of the member states rejects a rule, by enactment of\na statute or resolution in the same manner used to adopt the Compact within four (4)\nyears of the date of adoption of the rule, the rule sha ll have no further force and\neffect in any member state.\nC. Rules or amendments to the rules shall be adopted at a regular or special meeting of\nthe Commission.\nD. Prior to promulgation and adoption of a final rule or rules by the Commission, and\nat least thirty (30) days in advance of the meeting at which the rule shall be\nconsidered and voted upon, the Commission shall file a Notice of Proposed\nRulemaking:\n1 On the website of the Commission or other publicly accessible platform; and\n2. On the website of each member state audiology or speech -language pathology\nlicensing board or other publicly accessible platform or the publication in\nwhich each state would otherwise publish proposed rules.\nE. The Notice of Proposed Rulemaking shall include:\n1. The proposed time, date, and location of the meeting in which the rule shall be\nconsidered and voted upon;\n2. The text of the proposed rule or amendment and the reason for the proposed\nrule;\n3. A request for comments on the proposed rule from any interested person; and\n4. The manner in which interested persons may submit notice to the Commission\nof their intention to attend the public hearing and any written comments.\nF. Prior t o the adoption of a proposed rule, the Commission shall allow persons to\nsubmit written data, facts, opinions and arguments, which shall be made available to\nthe public.\nG. The Commission shall grant an opportunity for a public hearing before it adopts a\nrule or amendment if a hearing is requested by:\n1. At least twenty-five (25) persons;\n2. A state or federal governmental subdivision or agency; or\n3. An association having at least twenty-five (25) members.\nH. If a hearing is held on the proposed rule or am endment, the Commission shall\npublish the place, time, and date of the scheduled public hearing. If the hearing is\nheld via electronic means, the Commission shall publish the mechanism for access\nto the electronic hearing.\n1. All persons wishing to be hear d at the hearing shall notify the executive\ndirector of the Commission or other designated member in writing of their\ndesire to appear and testify at the hearing not less than five (5) business days\nbefore the scheduled date of the hearing.\n2. Hearings shall be conducted in a manner providing each person who wishes to\ncomment a fair and reasonable opportunity to comment orally or in writing.\n3. All hearings shall be recorded. A copy of the recording shall be made\navailable to any person upon request and at the requesting person's expense.\n4. Nothing in this section shall be construed as requiring a separate hearing on\neach rule. Rules may be grouped for the convenience of the Commission at\nhearings required by this section.\nI. Following the scheduled hearing  date, or by the close of business on the scheduled\nhearing date if the hearing was not held, the Commission shall consider all written\nand oral comments received.\nJ. If no written notice of intent to attend the public hearing by interested parties is\nreceived, the Commission may proceed with promulgation of the proposed rule\nwithout a public hearing.\nK. The Commission shall, by majority vote of all members, take final action on the\nproposed rule and shall determine the effective date of the rule, if any, b ased on the\nrulemaking record and the full text of the rule.\nL. Upon determination that an emergency exists, the Commission may consider and\nadopt an emergency rule without prior notice, opportunity for comment, or hearing,\nprovided that the usual rulemaki ng procedures provided in the Compact and in this\nsection shall be retroactively applied to the rule as soon as reasonably possible, in\nno event later than ninety (90) days after the effective date of the rule. For the\npurposes of this provision, an emerge ncy rule is one that must be adopted\nimmediately in order to:\n1. Meet an imminent threat to public health, safety, or welfare;\n2. Prevent a loss of Commission or member state funds; or\n3. Meet a deadline for the promulgation of an administrative rule that is\nestablished by federal law or rule.\nM. The Commission or an authorized committee of the Commission may direct\nrevisions to a previously adopted rule or amendment for purposes of correcting\ntypographical errors, errors in format, errors in consistency, o r grammatical errors.\nPublic notice of any revisions shall be posted on the website of the Commission.\nThe revision shall be subject to challenge by any person for a period of thirty (30)\ndays after posting. The revision may be challenged only on grounds that the revision\nresults in a material change to a rule. A challenge shall be made in writing and\ndelivered to the chair of the Commission prior to the end of the notice period. If no\nchallenge is made, the revision shall take effect without further action . If the\nrevision is challenged, the revision may not take effect without the approval of the\nCommission.\nSECTION 11: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT\nA. Dispute Resolution\n1. Upon request by a member state, the Commission shall attempt to resolve\ndisputes related to the Compact that arise among member states and between\nmember and non-member states.\n2. The Commission shall promulgate a rule providing for both mediation and\nbinding dispute resolution for disputes as appropriate.\nB. Enforcement\n1. The Commission, in the reasonable exercise of its discretion, shall enforce the\nprovisions and rules of this Compact.\n2. By majority vote, the Commission may initiate legal action in the  United\nStates District Court for the District of Columbia or the federal district where\nthe Commission has its principal offices against a member state in default to\nenforce compliance with the provisions of the Compact and its promulgated\nrules and bylaw s. The relief sought may include both injunctive relief and\ndamages. In the event judicial enforcement is necessary, the prevailing\nmember shall be awarded all costs of litigation, including reasonable\nattorney’s fees.\n3. The remedies herein shall not be t he exclusive remedies of the Commission.\nThe Commission may pursue any other remedies available under federal or\nstate law.\nSECTION 12: DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION\nFOR AUDIOLOGY AND SPEECH -LANGUAGE PATHOLOGY PRACTICE AND\nASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT\nA. The Compact shall come into effect on the date on which the Compact statute is\nenacted into law in the 10th member state. The provisions, which become effective\nat that time, shall be limited to the powers granted to the  Commission relating to\nassembly and the promulgation of rules. Thereafter, the Commission shall meet and\nexercise rulemaking powers necessary to the implementation and administration of\nthe Compact.\nB. Any state that joins the Compact subsequent to the Commission’s initial adoption of\nthe rules shall be subject to the rules as they exist on the date on which the Compact\nbecomes law in that state. Any rule that has been previously adopted by the\nCommission shall have the full force and effect of law on the day the Compact\nbecomes law in that state.\nC. Any member state may withdraw from this Compact by enacting a statute repealing\nthe same.\n1. A member state’s withdrawal shall not take effect until six (6) months after\nenactment of the repealing statute.\n2. Withdrawal shall not affect the continuing requirement of the withdrawing\nstate’s audiology or speech-language pathology licensing board to comply\nwith the investigative and adverse action reporting requirements of this act\nprior to the effective date of withdrawal.\nD. Nothing contained in this Compact shall be construed to invalidate or prevent any\naudiology or speech -language pathology licensure agreement or other cooperative\narrangement between a member state and a non -member state that does not conflict\nwith the provisions of this Compact.\nE. This Compact may be amended by the member states. No amendment to this\nCompact shall become effective and binding upon any member state until it is\nenacted into the laws of all member states.\nSECTION 13: CONSTRUCTION AND SEVERABILITY\nThis Compact shall be liberally construed so as to effectuate the purposes thereof. The\nprovisions of this Compact shall be severable and if any phrase, clause, sentence or\nprovision of this Compact is declared to be contrary to the const itution of any member\nstate or of the United States or the applicability thereof to any government, agency,\nperson or circumstance is held invalid, the validity of the remainder of this Compact and\nthe applicability thereof to any government, agency, perso n or circumstance shall not be\naffected thereby. If this Compact shall be held contrary to the constitution of any member\nstate, the Compact shall remain in full force and effect as to the remaining member states\nand in full force and effect as to the member state affected as to all severable matters.\nSECTION 14: BINDING EFFECT OF COMPACT AND OTHER LAWS\nA. Nothing herein prevents the enforcement of any other law of a member state that is\nnot inconsistent with the Compact.\nB. All laws in a member state in conflict with the Compact are superseded to the extent\nof the conflict.\nC. All lawful actions of the Commission, including all rules and bylaws promulgated\nby the Commission, are binding upon the member states.\nD. All agreements between the Commission and th e member states are binding in\naccordance with their terms.\nE. In the event any provision of the Compact exceeds the constitutional limits imposed\non the legislature of any member state, the provision shall be ineffective to the\nextent of the conflict with  the constitutional provision in question in that member\nstate.\nSECTION 15: APPLICABILITY TO KENTUCKY STATE GOVERNMENT\nIn order to clarify the effect of certain provisions of this Compact and to ensure that the\nrights and responsibilities of the various br anches of government are maintained, the\nfollowing shall be in effect in this state:\nA. By entering into this Compact, this state authorizes the licensing board as defined in\nSection 2.G. of this Compact and as created by KRS Chapter 334A to implement\nthe provisions of this Compact.\nB. Notwithstanding any provision of this Compact to the contrary:\n1. When a rule is adopted pursuant to Section 10 of this Compact, the licensing\nboard of this state as defined by Section 2.G. of this Compact shall have sixty\n(60) days to review the rule for the purpose of filing the rule as an emergency\nadministrative regulation pursuant to KRS 13A.190 and for filing the rule as\nan accompanying ordinary administrative regulation, following the\nrequirements of KRS Chapter 13A. Failure by the licensing board of this state\nas defined by Section 2.G. of this Compact to promulga te a rule adopted by\nthe Audiology and Speech -Language Pathology Compact Commission as an\nadministrative regulation pursuant to KRS Chapter 13A shall result in the\ninitiation of the process for withdrawal as set forth in Section 12 of this\nCompact. Nothing in these provisions shall negate the applicability and effect\nof Section 10 of this Compact to this state.\n2. If the proposed administrative regulation is found deficient and the deficiency\nis not resolved pursuant to KRS 13A.330 or 13A.335, the provision s of\nSection 11 of this Compact shall apply. If the procedures under Section 11 of\nthis Compact fail to resolve an issue, the provisions of Section 12 of this\nCompact shall apply.\n3. If the Audiology and Speech -Language Pathology Compact Commission\ncreated by Section 8 of this Compact exercises its rulemaking authority in a\nmanner that is beyond the scope of the purposes of this Compact, or the\npowers granted under this Compact, then such an action by the commission\nshall be invalid and have no force or effect.\nC. Section 8.F.8. of this Compact pertaining to the financing of the commission shall\nnot be interpreted to obligate the general fund of this state. Any funds used to\nfinance this Compact shall be from money collected pursuant to KRS 334A.120.\nD. This Compact shall apply only to those audiologists or speech-language pathologists\nwho practice or work under a compact privilege.","path":["KRS Chapter 334A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50993","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:24Z","sha256":"b67a104be5c1ef05e140b543581945149a1fc35b5960b048d3bbf6a4e94ca31c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-334a.187","next":"us-ky/krs-334a.189"},"notice":"GroundRules: Original legal text. Not legal advice."}