Senate File 463 H-1420 Amend Senate File 463, as passed by the Senate, as follows: 1 1. Page 27, after line 17 by inserting: 2 < Sec. ___. NEW SECTION . 147F.1 Audiology and speech 3 language pathology interstate compact. 4 1. Purpose. The purpose of this compact is to facilitate 5 interstate practice of audiology and speech language pathology 6 with the goal of improving public access to audiology and 7 speech language pathology services. The practice of audiology 8 and speech language pathology occurs in the state where the 9 patient, client, or student is located at the time of the 10 patient, client, or student encounter. The compact preserves 11 the regulatory authority of states to protect public health and 12 safety through the current system of state licensure. This 13 compact is designed to achieve the following objectives: 14 a. Increase public access to audiology and speech language 15 pathology services by providing for the mutual recognition of 16 other member state licenses. 17 b. Enhance the states’ ability to protect the public’s 18 health and safety. 19 c. Encourage the cooperation of member states in regulating 20 multistate audiology and speech language pathology practice. 21 d. Support spouses of relocating active duty military 22 personnel. 23 e. Enhance the exchange of licensure, investigative, and 24 disciplinary information between member states. 25 f. Allow a remote state to hold a provider of services with 26 a compact privilege in that state accountable to that state’s 27 practice standards. 28 g. Allow for the use of telehealth technology to facilitate 29 increased access to audiology and speech language pathology 30 services. 31 2. Definitions. As used in this compact, and except as 32 otherwise provided, the following definitions shall apply: 33 a. “Active duty military” means full-time duty status in 34 the active uniformed service of the United States, including 35 -1- SF 463.2234 (3) 89 ss/rh 1/ 26 #1.

members of the national guard and the reserves on active duty 1 orders pursuant to 10 U.S.C. §1209 and 10 U.S.C. §1211. 2 b. “Adverse action” means any administrative, civil, 3 equitable, or criminal action permitted by a state’s laws which 4 is imposed by a licensing board or other authority against an 5 audiologist or speech language pathologist, including actions 6 against an individual’s license or privilege to practice 7 such as revocation, suspension, probation, monitoring of the 8 licensee, or restriction of the licensee’s practice. 9 c. “Alternative program” means a nondisciplinary monitoring 10 process approved by an audiology or speech language pathology 11 licensing board to address impaired practitioners. 12 d. “Audiologist” means an individual who is licensed by a 13 state to practice audiology. 14 e. “Audiology” means the care and services provided by 15 a licensed audiologist as set forth in the member state’s 16 statutes and rules. 17 f. “Audiology and speech language pathology compact 18 commission” or “commission” means the national administrative 19 body whose membership consists of all states that have enacted 20 the compact. 21 g. “Audiology and speech language pathology licensing board” , 22 “audiology licensing board”, “speech language pathology licensing 23 board” , or “licensing board” means the agency of a state that is 24 responsible for the licensing and regulation of audiologists or 25 speech language pathologists. 26 h. “Compact privilege” means the authorization granted by 27 a remote state to allow a licensee from another member state 28 to practice as an audiologist or speech language pathologist 29 in the remote state under its laws and rules. The practice of 30 audiology or speech language pathology occurs in the member 31 state where the patient, client, or student is located at the 32 time of the patient, client, or student encounter. 33 i. “Current significant investigative information” means 34 investigative information that a licensing board, after an 35 -2- SF 463.2234 (3) 89 ss/rh 2/ 26

inquiry or investigation that includes notification and an 1 opportunity for the audiologist or speech language pathologist 2 to respond, if required by state law, has reason to believe is 3 not groundless and, if proved true, would indicate more than a 4 minor infraction. 5 j. “Data system” means a repository of information about 6 licensees, including but not limited to continuing education, 7 examination, licensure, investigative, compact privilege, and 8 adverse action. 9 k. “Encumbered license” means a license in which an adverse 10 action restricts the practice of audiology or speech language 11 pathology by the licensee and said adverse action has been 12 reported to the national practitioners data bank. 13 l. “Executive committee” means a group of directors elected 14 or appointed to act on behalf of, and within the powers granted 15 to them by, the commission. 16 m. “Home state” means the member state that is the 17 licensee’s primary state of residence. 18 n. “Impaired practitioner” means an individual whose 19 professional practice is adversely affected by substance abuse, 20 addiction, or other health-related conditions. 21 o. “Licensee” means an individual who currently holds an 22 authorization from the state licensing board to practice as an 23 audiologist or speech language pathologist. 24 p. “Member state” means a state that has enacted the 25 compact. 26 q. “Privilege to practice” means a legal authorization 27 permitting the practice of audiology or speech language 28 pathology in a remote state. 29 r. “Remote state” means a member state, other than the home 30 state, where a licensee is exercising or seeking to exercise 31 the compact privilege. 32 s. “Rule” means a regulation, principle, or directive 33 promulgated by the commission that has the force of law. 34 t. “Single-state license” means an audiology or speech 35 -3- SF 463.2234 (3) 89 ss/rh 3/ 26

language pathology license issued by a member state that 1 authorizes practice only within the issuing state and does not 2 include a privilege to practice in any other member state. 3 u. “Speech language pathologist” means an individual who is 4 licensed by a state to practice speech language pathology. 5 v. “Speech language pathology” means the care and services 6 provided by a licensed speech language pathologist as set forth 7 in the member state’s statutes and rules. 8 w. “State” means any state, commonwealth, district, or 9 territory of the United States that regulates the practice of 10 audiology and speech language pathology. 11 x. “State practice laws” means a member state’s laws, rules, 12 and regulations that govern the practice of audiology or speech 13 language pathology, define the scope of audiology or speech 14 language pathology practice, and create the methods and grounds 15 for imposing discipline. 16 y. “Telehealth” means the application of telecommunication, 17 audiovisual, or other technologies that meet the applicable 18 standard of care to deliver audiology or speech language 19 pathology services at a distance for assessment, intervention, 20 or consultation. 21 3. State participation in the compact. 22 a. A license issued to an audiologist or speech language 23 pathologist by a home state to a resident in that state 24 shall be recognized by each member state as authorizing 25 an audiologist or speech language pathologist to practice 26 audiology or speech language pathology, under a privilege to 27 practice, in each member state. 28 b. A state must implement or utilize procedures for 29 considering the criminal history records of applicants for 30 initial privilege to practice. These procedures shall include 31 the submission of fingerprints or other biometric-based 32 information by applicants for the purpose of obtaining an 33 applicant’s criminal history record information from the 34 federal bureau of investigation and the agency responsible for 35 -4- SF 463.2234 (3) 89 ss/rh 4/ 26

retaining that state’s criminal records. 1 (1) A member state must fully implement a criminal 2 background check requirement, within a time frame established 3 by rule, by receiving the results of the federal bureau of 4 investigation record search on criminal background checks and 5 use the results in making licensure decisions. 6 (2) Communication between a member state, the commission, 7 and among member states regarding the verification of 8 eligibility for licensure through the compact shall not 9 include any information received from the federal bureau of 10 investigation relating to a federal criminal records check 11 performed by a member state under the Department of State, 12 Justice, and Commerce, the Judiciary, and Related Agencies 13 Appropriation Act, 1973, Pub. L. No. 92-544. 14 c. Upon application for a privilege to practice, the 15 licensing board in the issuing remote state shall ascertain, 16 through the data system, whether the applicant has ever held, 17 or is the holder of, a license issued by any other state, 18 whether there are any encumbrances on any license or privilege 19 to practice held by the applicant, and whether any adverse 20 action has been taken against any license or privilege to 21 practice held by the applicant. 22 d. Each member state shall require an applicant to obtain 23 or retain a license in the home state and meet the home state’s 24 qualifications for licensure or renewal of licensure as well as 25 all other applicable state laws. 26 e. For an audiologist: 27 (1) Must meet one of the following educational 28 requirements: 29 (a) On or before December 31, 2007, has graduated with a 30 master’s degree or doctorate in audiology, or equivalent degree 31 regardless of degree name, from a program that is accredited 32 by an accrediting agency recognized by the council for higher 33 education accreditation, or its successor, or by the United 34 States department of education and operated by a college or 35 -5- SF 463.2234 (3) 89 ss/rh 5/ 26

university accredited by a regional or national accrediting 1 organization recognized by the board. 2 (b) On or after January 1, 2008, has graduated with a 3 doctoral degree in audiology, or equivalent degree regardless 4 of degree name, from a program that is accredited by an 5 accrediting agency recognized by the council for higher 6 education accreditation, or its successor, or by the United 7 States department of education and operated by a college or 8 university accredited by a regional or national accrediting 9 organization recognized by the board. 10 (c) Has graduated from an audiology program that is housed 11 in an institution of higher education outside of the United 12 States for which the program and institution have been approved 13 by the authorized accrediting body in the applicable country 14 and the degree program has been verified by an independent 15 credentials review agency to be comparable to a state licensing 16 board-approved program. 17 (2) Has completed a supervised clinical practicum 18 experience from an accredited educational institution or its 19 cooperating programs as required by the board. 20 (3) Has successfully passed a national examination approved 21 by the commission. 22 (4) Holds an active, unencumbered license. 23 (5) Has not been convicted or found guilty, and has not 24 entered into an agreed disposition, of a felony related to 25 the practice of audiology, under applicable state or federal 26 criminal law. 27 (6) Has a valid United States social security or national 28 practitioner identification number. 29 f. For a speech language pathologist: 30 (1) Must meet one of the following educational 31 requirements: 32 (a) Has graduated with a master’s degree from a speech 33 language pathology program that is accredited by an 34 organization recognized by the United States department of 35 -6- SF 463.2234 (3) 89 ss/rh 6/ 26

education and operated by a college or university accredited 1 by a regional or national accrediting organization recognized 2 by the board. 3 (b) Has graduated from a speech language pathology program 4 that is housed in an institution of higher education outside 5 of the United States for which the program and institution 6 have been approved by the authorized accrediting body in the 7 applicable country and the degree program has been verified by 8 an independent credentials review agency to be comparable to a 9 state licensing board-approved program. 10 (2) Has completed a supervised clinical practicum 11 experience from an educational institution or its cooperating 12 programs as required by the commission. 13 (3) Has completed a supervised postgraduate professional 14 experience as required by the commission. 15 (4) Has successfully passed a national examination approved 16 by the commission. 17 (5) Holds an active, unencumbered license. 18 (6) Has not been convicted or found guilty, and has not 19 entered into an agreed disposition, of a felony related to the 20 practice of speech language pathology, under applicable state 21 or federal criminal law. 22 (7) Has a valid United States social security or national 23 practitioner identification number. 24 g. The privilege to practice is derived from the home state 25 license. 26 h. An audiologist or speech language pathologist practicing 27 in a member state must comply with the state practice laws of 28 the state in which the client is located at the time service 29 is provided. The practice of audiology and speech language 30 pathology shall include all audiology and speech language 31 pathology practice as defined by the state practice laws of the 32 member state in which the client is located. The practice of 33 audiology and speech language pathology in a member state under 34 a privilege to practice shall subject an audiologist or speech 35 -7- SF 463.2234 (3) 89 ss/rh 7/ 26

language pathologist to the jurisdiction of the licensing board 1 and the courts and the laws of the member state in which the 2 client is located at the time service is provided. 3 i. Individuals not residing in a member state shall continue 4 to be able to apply for a member state’s single-state license 5 as provided under the laws of each member state. However, the 6 single-state license granted to these individuals shall not be 7 recognized as granting the privilege to practice audiology or 8 speech language pathology in any other member state. Nothing 9 in this compact shall affect the requirements established by a 10 member state for the issuance of a single-state license. 11 j. Member states may charge a fee for granting a compact 12 privilege. 13 k. Member states must comply with the bylaws and rules and 14 regulations of the commission. 15 4. Compact privilege. 16 a. To exercise the compact privilege under the terms and 17 provisions of the compact, the audiologist or speech language 18 pathologist shall do all of the following: 19 (1) Hold an active license in the home state. 20 (2) Have no encumbrance on any state license. 21 (3) Be eligible for a compact privilege in any member state 22 in accordance with subsection 3. 23 (4) Have not had any adverse action against any license or 24 compact privilege within the previous two years from date of 25 application. 26 (5) Notify the commission that the licensee is seeking the 27 compact privilege within a remote state. 28 (6) Pay any applicable fees, including any state fee, for 29 the compact privilege. 30 (7) Report to the commission adverse action taken by any 31 nonmember state within thirty days from the date the adverse 32 action is taken. 33 b. For the purposes of the compact privilege, an audiologist 34 or speech language pathologist shall only hold one home state 35 -8- SF 463.2234 (3) 89 ss/rh 8/ 26

license at a time. 1 c. Except as provided in subsection 6, if an audiologist or 2 speech language pathologist changes primary state of residence 3 by moving between two member states, the audiologist or speech 4 language pathologist must apply for licensure in the new home 5 state, and the license issued by the prior home state shall be 6 deactivated in accordance with applicable rules adopted by the 7 commission. 8 d. The audiologist or speech language pathologist may apply 9 for licensure in advance of a change in the primary state of 10 residence. 11 e. A license shall not be issued by the new home state 12 until the audiologist or speech language pathologist provides 13 satisfactory evidence of a change in the primary state of 14 residence to the new home state and satisfies all applicable 15 requirements to obtain a license from the new home state. 16 f. If an audiologist or speech language pathologist changes 17 the primary state of residence by moving from a member state 18 to a nonmember state, the license issued by the prior home 19 state shall convert to a single-state license, valid only in 20 the former home state. 21 g. The compact privilege is valid until the expiration date 22 of the home state license. The licensee must comply with the 23 requirements of subsection 4, paragraph “a” , to maintain the 24 compact privilege in the remote state. 25 h. A licensee providing audiology or speech language 26 pathology services in a remote state under the compact 27 privilege shall function within the laws and regulations of the 28 remote state. 29 i. A licensee providing audiology or speech language 30 pathology services in a remote state is subject to that state’s 31 regulatory authority. A remote state may, in accordance with 32 due process and that state’s laws, remove a licensee’s compact 33 privilege in the remote state for a specific period of time, 34 impose fines, or take any other necessary actions to protect 35 -9- SF 463.2234 (3) 89 ss/rh 9/ 26

the health and safety of its citizens. 1 j. If a home state license is encumbered, the licensee shall 2 lose the compact privilege in any remote state until both of 3 the following occur: 4 (1) The home state license is no longer encumbered. 5 (2) Two years have elapsed from the date of the adverse 6 action. 7 k. Once an encumbered license in the home state is restored 8 to good standing, the licensee must meet the requirements of 9 subsection 4, paragraph “a” , to obtain a compact privilege in 10 any remote state. 11 l. Once the requirements of subsection 4, paragraph “j” , 12 have been met, the licensee must meet the requirements in 13 subsection 4, paragraph “a” , to obtain a compact privilege in a 14 remote state. 15 5. Compact privilege to practice telehealth. 16 a. Member states shall recognize the right of an audiologist 17 or speech language pathologist, licensed by a home state in 18 accordance with subsection 3 and under rules promulgated by 19 the commission, to practice audiology or speech language 20 pathology in any member state via telehealth under a privilege 21 to practice as provided in the compact and rules promulgated 22 by the commission. 23 b. A licensee providing audiology or speech language 24 pathology services in a remote state under the compact 25 privilege shall function within the laws and regulations of the 26 state where the patient or client is located. 27 6. Active duty military personnel or their spouses. 28 Active duty military personnel, or their spouse, shall 29 designate a home state where the individual has a current 30 license in good standing. The individual may retain the 31 home state designation during the period the service member 32 is on active duty. Subsequent to designating a home state, 33 the individual shall only change their home state through 34 application for licensure in the new state. 35 -10- SF 463.2234 (3) 89 ss/rh 10/ 26

7. Adverse actions. 1 a. In addition to the other powers conferred by state law, 2 a remote state shall have the authority, in accordance with 3 existing state due process law, to do all of the following: 4 (1) Take adverse action against an audiologist’s or speech 5 language pathologist’s privilege to practice within that member 6 state. 7 (2) Issue subpoenas for both hearings and investigations 8 that require the attendance and testimony of witnesses as well 9 as the production of evidence. Subpoenas issued by a licensing 10 board in a member state for the attendance and testimony of 11 witnesses or the production of evidence from another member 12 state shall be enforced in the latter state by any court of 13 competent jurisdiction, according to the practice and procedure 14 of that court applicable to subpoenas issued in proceedings 15 pending before it. The issuing authority shall pay any witness 16 fees, travel expenses, mileage, and other fees required by 17 the service statutes of the state in which the witnesses or 18 evidence are located. 19 (3) Only the home state shall have the power to take 20 adverse action against an audiologist’s or speech language 21 pathologist’s license issued by the home state. 22 b. For purposes of taking adverse action, the home state 23 shall give the same priority and effect to reported conduct 24 received from a member state as it would if the conduct had 25 occurred within the home state. In so doing, the home state 26 shall apply its own state laws to determine appropriate action. 27 c. The home state shall complete any pending investigations 28 of an audiologist or speech language pathologist who 29 changes primary state of residence during the course of the 30 investigations. The home state shall also have the authority 31 to take appropriate action and shall promptly report the 32 conclusions of the investigations to the administrator of 33 the data system. The administrator of the data system shall 34 promptly notify the new home state of any adverse actions. 35 -11- SF 463.2234 (3) 89 ss/rh 11/ 26

d. If otherwise permitted by state law, the member state 1 may recover from the affected audiologist or speech language 2 pathologist the costs of investigations and disposition of 3 cases resulting from any adverse action taken against that 4 audiologist or speech language pathologist. 5 e. The member state may take adverse action based on the 6 factual findings of the remote state, provided that the member 7 state follows the member state’s own procedures for taking the 8 adverse action. 9 f. Joint investigations. 10 (1) In addition to the authority granted to a member state 11 by its respective audiology or speech language pathology 12 practice act or other applicable state law, any member 13 state may participate with other member states in joint 14 investigations of licensees. 15 (2) Member states shall share any investigative, 16 litigation, or compliance materials in furtherance of any joint 17 or individual investigation initiated under the compact. 18 g. If adverse action is taken by the home state against an 19 audiologist’s or speech language pathologist’s license, the 20 audiologist’s or speech language pathologist’s privilege to 21 practice in all other member states shall be deactivated until 22 all encumbrances have been removed from the home state license. 23 All home state disciplinary orders that impose adverse action 24 against an audiologist’s or speech language pathologist’s 25 license shall include a statement that the audiologist’s 26 or speech language pathologist’s privilege to practice is 27 deactivated in all member states during the pendency of the 28 order. 29 h. If a member state takes adverse action, it shall promptly 30 notify the administrator of the data system. The administrator 31 of the data system shall promptly notify the home state of any 32 adverse actions by remote states. 33 i. Nothing in this compact shall override a member state’s 34 decision that participation in an alternative program may be 35 -12- SF 463.2234 (3) 89 ss/rh 12/ 26

used in lieu of adverse action. 1 8. Establishment of the audiology and speech language 2 pathology compact commission. 3 a. The compact member states hereby create and establish a 4 joint public agency known as the audiology and speech language 5 pathology compact commission. 6 (1) The commission is an instrumentality of the compact 7 states. 8 (2) Venue is proper and judicial proceedings by or against 9 the commission shall be brought solely and exclusively in a 10 court of competent jurisdiction where the principal office of 11 the commission is located. The commission may waive venue and 12 jurisdictional defenses to the extent it adopts or consents to 13 participate in alternative dispute resolution proceedings. 14 (3) Nothing in this compact shall be construed to be a 15 waiver of sovereign immunity. 16 b. Membership, voting, and meetings. 17 (1) Each member state shall have two delegates selected 18 by that member state’s licensing board. The delegates shall 19 be current members of the licensing board. One shall be an 20 audiologist and one shall be a speech language pathologist. 21 (2) An additional five delegates, who are either a public 22 member or board administrator from a state licensing board, 23 shall be chosen by the executive committee from a pool of 24 nominees provided by the commission at large. 25 (3) Any delegate may be removed or suspended from office 26 as provided by the law of the state from which the delegate is 27 appointed. 28 (4) The member state board shall fill any vacancy occurring 29 on the commission within ninety days of a vacancy. 30 (5) Each delegate shall be entitled to one vote with regard 31 to the promulgation of rules and creation of bylaws and shall 32 otherwise have an opportunity to participate in the business 33 and affairs of the commission. 34 (6) A delegate shall vote in person or by other means as 35 -13- SF 463.2234 (3) 89 ss/rh 13/ 26

provided in the bylaws. The bylaws may provide for delegates’ 1 participation in meetings by telephone or other means of 2 communication. 3 (7) The commission shall meet at least once during each 4 calendar year. Additional meetings shall be held as set forth 5 in the bylaws. 6 c. The commission shall have the following powers and 7 duties: 8 (1) Establish the fiscal year of the commission. 9 (2) Establish bylaws. 10 (3) Establish a code of ethics. 11 (4) Maintain its financial records in accordance with the 12 bylaws. 13 (5) Meet and take actions as are consistent with the 14 provisions of this compact and the bylaws. 15 (6) Promulgate uniform rules to facilitate and coordinate 16 implementation and administration of this compact. The rules 17 shall have the force and effect of law and shall be binding in 18 all member states to the extent and in the manner provided for 19 in the compact. 20 (7) Bring and prosecute legal proceedings or actions in the 21 name of the commission, provided that the standing of any state 22 audiology or speech language pathology licensing board to sue 23 or be sued under applicable law shall not be affected. 24 (8) Purchase and maintain insurance and bonds. 25 (9) Borrow, accept, or contract for services of personnel, 26 including but not limited to employees of a member state. 27 (10) Hire employees, elect or appoint officers, fix 28 compensation, define duties, grant individuals appropriate 29 authority to carry out the purposes of the compact, and 30 establish the commission’s personnel policies and programs 31 relating to conflicts of interest, qualifications of personnel, 32 and other related personnel matters. 33 (11) Accept any and all appropriate donations and grants 34 of money, equipment, supplies, materials, and services, and 35 -14- SF 463.2234 (3) 89 ss/rh 14/ 26

receive, utilize and dispose of the same; provided that at all 1 times the commission shall avoid any appearance of impropriety 2 or conflict of interest. 3 (12) Lease, purchase, accept appropriate gifts or donations 4 of, or otherwise own, hold, improve, or use, any property, 5 real, personal, or mixed; provided that at all times the 6 commission shall avoid any appearance of impropriety. 7 (13) Sell, convey, mortgage, pledge, lease, exchange, 8 abandon, or otherwise dispose of any property real, personal, 9 or mixed. 10 (14) Establish a budget and make expenditures. 11 (15) Borrow money. 12 (16) Appoint committees, including standing committees 13 composed of members, and other interested persons as may be 14 designated in this compact and the bylaws. 15 (17) Provide and receive information from, and cooperate 16 with, law enforcement agencies. 17 (18) Establish and elect an executive committee. 18 (19) Perform other functions as may be necessary or 19 appropriate to achieve the purposes of this compact consistent 20 with the state regulation of audiology and speech language 21 pathology licensure and practice. 22 d. The commission shall have no authority to change or 23 modify the laws of the member states which define the practice 24 of audiology and speech language pathology in the respective 25 states. 26 e. The executive committee. The executive committee shall 27 have the power to act on behalf of the commission according to 28 the terms of this compact. 29 (1) The executive committee shall be composed of ten 30 members: 31 (a) Seven voting members who are elected by the commission 32 from the current membership of the commission. 33 (b) Two ex officio members, consisting of one nonvoting 34 member from a recognized national audiology professional 35 -15- SF 463.2234 (3) 89 ss/rh 15/ 26

association and one nonvoting member from a recognized national 1 speech language pathology association. 2 (c) One ex officio, nonvoting member from the recognized 3 membership organization of the audiology and speech language 4 pathology licensing boards. 5 (d) The ex officio members shall be selected by their 6 respective organizations. 7 (2) The commission may remove any member of the executive 8 committee as provided in the bylaws. 9 (3) The executive committee shall meet at least annually. 10 (4) The executive committee shall have the following duties 11 and responsibilities: 12 (a) Recommend to the entire commission changes to the rules 13 or bylaws, changes to this compact, fees paid by compact member 14 states such as annual dues, and any commission compact fee 15 charged to licensees for the compact privilege. 16 (b) Ensure compact administration services are 17 appropriately provided, contractual or otherwise. 18 (c) Prepare and recommend the budget. 19 (d) Maintain financial records on behalf of the commission. 20 (e) Monitor compact compliance of member states and provide 21 compliance reports to the commission. 22 (f) Establish additional committees as necessary. 23 (g) Other duties as provided in rules or bylaws. 24 (5) Meetings of the commission. 25 All meetings shall be open to the public, and public notice 26 of meetings shall be given in the same manner as required under 27 the rulemaking provisions in subsection 10. 28 (6) (a) The commission or the executive committee or other 29 committees of the commission may convene in a closed, nonpublic 30 meeting if the commission or executive committee or other 31 committees of the commission must discuss any of the following: 32 (i) Noncompliance of a member state with its obligations 33 under the compact. 34 (ii) The employment, compensation, discipline, or other 35 -16- SF 463.2234 (3) 89 ss/rh 16/ 26

matters, practices, or procedures related to specific employees 1 or other matters related to the commission’s internal personnel 2 practices and procedures. 3 (iii) Current, threatened, or reasonably anticipated 4 litigation. 5 (iv) Negotiation of contracts for the purchase, lease, or 6 sale of goods, services, or real estate. 7 (v) Accusing any person of a crime or formally censuring any 8 person. 9 (vi) Disclosure of trade secrets or commercial or financial 10 information that is privileged or confidential. 11 (vii) Disclosure of information of a personal nature where 12 disclosure would constitute a clearly unwarranted invasion of 13 personal privacy. 14 (viii) Disclosure of investigative records compiled for law 15 enforcement purposes. 16 (ix) Disclosure of information related to any investigative 17 reports prepared by or on behalf of or for use of the 18 commission or other committee charged with responsibility of 19 investigation or determination of compliance issues pursuant 20 to the compact. 21 (x) Matters specifically exempted from disclosure by 22 federal or member state statute. 23 (b) If a meeting, or portion of a meeting, is closed 24 pursuant to this provision, the commission’s legal counsel or 25 designee shall certify that the meeting may be closed and shall 26 reference each relevant exempting provision. 27 (7) The commission shall keep minutes that fully and clearly 28 describe all matters discussed in a meeting and shall provide 29 a full and accurate summary of actions taken, and the reasons 30 therefor, including a description of the views expressed. All 31 documents considered in connection with an action shall be 32 identified in such minutes. All minutes and documents of a 33 closed meeting shall remain under seal, subject to release 34 by a majority vote of the commission or order of a court of 35 -17- SF 463.2234 (3) 89 ss/rh 17/ 26

competent jurisdiction. 1 (8) Financing the commission. 2 (a) The commission shall pay, or provide for the payment of, 3 the reasonable expenses of its establishment, organization, and 4 ongoing activities. 5 (b) The commission may accept any and all appropriate 6 revenue sources, donations, and grants of money, equipment, 7 supplies, materials, and services. 8 (c) The commission may levy on and collect an annual 9 assessment from each member state or impose fees on other 10 parties to cover the cost of the operations and activities 11 of the commission and its staff, which must be in a total 12 amount sufficient to cover its annual budget as approved each 13 year for which revenue is not provided by other sources. The 14 aggregate annual assessment amount shall be allocated based 15 upon a formula to be determined by the commission, which shall 16 promulgate a rule binding upon all member states. 17 (d) The commission shall not incur obligations of any kind 18 prior to securing the funds adequate to meet the same; nor 19 shall the commission pledge the credit of any of the member 20 states, except by and with the authority of the member state. 21 (e) The commission shall keep accurate accounts of all 22 receipts and disbursements. The receipts and disbursements of 23 the commission shall be subject to the audit and accounting 24 procedures established under its bylaws. However, all receipts 25 and disbursements of funds handled by the commission shall be 26 audited yearly by a certified or licensed public accountant, 27 and the report of the audit shall be included in and become 28 part of the annual report of the commission. 29 f. Qualified immunity, defense, and indemnification. 30 (1) The members, officers, executive director, employees, 31 and representatives of the commission shall be immune from 32 suit and liability, either personally or in their official 33 capacity, for any claim for damage to or loss of property or 34 personal injury or other civil liability caused by or arising 35 -18- SF 463.2234 (3) 89 ss/rh 18/ 26

out of any actual or alleged act, error, or omission that 1 occurred, or that the person against whom the claim is made had 2 a reasonable basis for believing occurred within the scope of 3 commission employment, duties, or responsibilities; provided 4 that nothing in this paragraph “f” shall be construed to protect 5 any person from suit or liability for any damage, loss, injury, 6 or liability caused by the intentional, willful, or wanton 7 misconduct of that person. 8 (2) The commission shall defend any member, officer, 9 executive director, employee, or representative of the 10 commission in any civil action seeking to impose liability 11 arising out of any actual or alleged act, error, or omission 12 that occurred within the scope of commission employment, 13 duties, or responsibilities, or that the person against 14 whom the claim is made had a reasonable basis for believing 15 occurred within the scope of commission employment, duties, 16 or responsibilities; provided that nothing herein shall be 17 construed to prohibit that person from retaining the person’s 18 own counsel; and provided further, that the actual or alleged 19 act, error, or omission did not result from that person’s 20 intentional, willful, or wanton misconduct. 21 (3) The commission shall indemnify and hold harmless 22 any member, officer, executive director, employee, or 23 representative of the commission for the amount of any 24 settlement or judgment obtained against that person arising 25 out of any actual or alleged act, error, or omission that 26 occurred within the scope of commission employment, duties, 27 or responsibilities, or that such person had a reasonable 28 basis for believing occurred within the scope of commission 29 employment, duties, or responsibilities, provided that the 30 actual or alleged act, error, or omission did not result from 31 the intentional, willful, or wanton misconduct of that person. 32 9. Data system. 33 a. The commission shall provide for the development, 34 maintenance, and utilization of a coordinated database and 35 -19- SF 463.2234 (3) 89 ss/rh 19/ 26

reporting system containing licensure, adverse action, and 1 investigative information on all licensed individuals in member 2 states. 3 b. Notwithstanding any other provision of state law to 4 the contrary, a member state shall submit a uniform data set 5 to the data system on all individuals to whom this compact 6 is applicable as required by the rules of the commission, 7 including all of the following: 8 (1) Identifying information. 9 (2) Licensure data. 10 (3) Adverse actions against a license or compact privilege. 11 (4) Nonconfidential information related to alternative 12 program participation. 13 (5) Any denial of application for licensure, and the reason 14 for denial. 15 (6) Other information that may facilitate the 16 administration of this compact, as determined by the rules of 17 the commission. 18 c. Investigative information pertaining to a licensee in any 19 member state shall only be available to other member states. 20 d. The commission shall promptly notify all member states of 21 any adverse action taken against a licensee or an individual 22 applying for a license. Adverse action information pertaining 23 to a licensee in any member state shall be available to any 24 other member state. 25 e. Member states contributing information to the data 26 system may designate information that may not be shared with 27 the public without the express permission of the contributing 28 state. 29 f. Any information submitted to the data system that is 30 subsequently required to be expunged by the laws of the member 31 state contributing the information shall be removed from the 32 data system. 33 10. Rulemaking. 34 a. The commission shall exercise its rulemaking powers 35 -20- SF 463.2234 (3) 89 ss/rh 20/ 26