AB230 - Enacts the Audiology and Speech-Language Pathology Interstate Compact. (BDR 54-568)

- 83rd Session (2025) Assembly Bill No. 230–Assemblymember Marzola CHAPTER.......... AN ACT relating to health care; ratifying and entering into the Audiology and Speech-Language Pathology Interstate Compact; authorizing the sharing of certain information with data systems created by the Compact; providing audiologists and speech-language pathologists practicing in this State under the Compact with the same legal status as persons who are licensed to practice audiology and speech-language pathology in this State; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides for the licensure and regulation of audiologists and speech-language pathologists in this State by the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board. (Chapter 637B of NRS) Section 1 of this bill enacts the Audiology and Speech-Language Pathology Interstate Compact, which allows a person who is licensed as an audiologist or speech- language pathologist in a state that is a member of the Compact to practice as an audiologist or speech-language pathologist in other states that are members of the Compact. In order to practice as an audiologist or speech-language pathologist under the Compact, the Compact requires an audiologist or speech-language pathologist to: (1) hold a license in his or her home state; (2) have no encumbrances on his or her license; (3) meet certain other requirements for eligibility; (4) have had no adverse actions taken against any license or authority to practice under the Compact within the previous 2 years; (5) notify the Audiology and Speech- Language Pathology Compact Commission, a joint public body established by the Compact, that he or she is seeking to practice under the Compact in another state; (6) pay any applicable fees; and (7) report any adverse action taken against him or her within 30 days after the date the adverse action is taken. The Compact additionally requires a member state to recognize the right of an audiologist or speech-language pathologist who is licensed by any member state to practice audiology or speech-language pathology, as applicable, through telehealth in any member state under conditions prescribed by the Commission. The Compact also: (1) authorizes a member state to take adverse action against an audiologist or speech-language pathologist who is practicing in the member state under the Compact; (2) authorizes the Commission to levy and collect assessments from member states to cover the cost of its operations; and (3) creates a data system to facilitate the sharing of certain information among member states. With certain exceptions, existing law makes a complaint filed with the Board and certain other documents and information related to such a complaint confidential. (NRS 637B.288) Section 2 of this bill creates an exception to this provision to, in general, authorize the Board to disclose such information to the data system created by section 1 when required by the Compact. Section 4 of this bill provides for the confidentiality of certain information disclosed through the data system. Section 3 of this bill deems practicing as an audiologist or speech-language pathologist in this State under the Compact to be equivalent to practicing under a license issued by the Board, thereby providing such persons with the same authority, duties and legal protections as a licensee. – 2 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 637B of NRS is hereby amended by adding thereto a new section to read as follows: The Audiology and Speech-Language Pathology Interstate Compact is hereby ratified and entered into with all other jurisdictions legally joining the Compact, in substantially the form set forth in this section: AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT 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 speech- 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: 1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses; 2. Enhance the states’ ability to protect the public’s health and safety; 3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice; 4. Support spouses of relocating active duty military personnel; 5. Enhance the exchange of licensure, investigative and disciplinary information between member states; 6. 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 – 3 – - 83rd Session (2025) 7. 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. Chapter 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. C. “Alternative program” means a non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. D. “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 “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact. G. “Audiology and speech-language pathology licensing board,” “audiology licensing board,” “speech-language pathology licensing board,” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists. H. “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter. – 4 – - 83rd Session (2025) I. “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. J. “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action. K. “Encumbered license” means a license in which an adverse action restricts the practice of audiology or speech- language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB). L. “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. M. “Home state” means the member state that is the licensee’s primary state of residence. N. “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. O. “Licensee” means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. P. “Member state” means a state that has enacted the Compact. Q. “Privilege to practice” means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state. R. “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. S. “Rule” means a regulation, principle or directive promulgated by the Commission that has the force of law. T. “Single-state license” means an audiology or speech- language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. U. “Speech-language pathologist” means an individual who is licensed by a state to practice speech-language pathology. – 5 – - 83rd Session (2025) V. “Speech-language pathology” means the care and services provided by a licensed speech-language pathologist as set forth in the member state’s statutes and rules. W. “State” means any state, commonwealth, district or territory of the United States of America that regulates the practice of audiology and speech-language pathology. X. “State practice laws” means a member state’s laws, rules and regulations that govern the practice of audiology or speech- language pathology, define the scope of audiology or speech- language pathology practice, and create the methods and grounds for imposing discipline. Y. “Telehealth” means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention and/or consultation. SECTION 3. STATE PARTICIPATION IN THE COMPACT A. A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech- language pathology, under a privilege to practice, in each member state. B. A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records. 1. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. 2. Communication between a member state, the Commission and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544. – 6 – - 83rd Session (2025) C. Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, whether any adverse action has been taken against any license or privilege to practice held by the applicant. D. Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as, all other applicable state laws. E. For an audiologist: 1. Must meet one of the following educational requirements: a. On or before, Dec. 31, 2007, has graduated with a master’s degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or b. On or after, Jan. 1, 2008, has graduated with a Doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or c. Has graduated from an audiology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program. 2. Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission; 3. Has successfully passed a national examination approved by the Commission; 4. Holds an active, unencumbered license; – 7 – - 83rd Session (2025) 5. Has not been convicted or found guilty, and has not entered into an a [Text truncated for display. Full text available on LegiScan.]