House File 500 - Introduced HOUSE FILE 500 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 122) A BILL FOR An Act relating to the adoption of the audiology and speech 1 language pathology interstate compact. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1281HV (5) 89 ss/rh

H.F. 500 Section 1. NEW SECTION . 147E.1 Audiology and speech 1 language pathology interstate compact. 2 1. Purpose. The purpose of this compact is to facilitate 3 interstate practice of audiology and speech language pathology 4 with the goal of improving public access to audiology and 5 speech language pathology services. The practice of audiology 6 and speech language pathology occurs in the state where the 7 patient, client, or student is located at the time of the 8 patient, client, or student encounter. The compact preserves 9 the regulatory authority of states to protect public health and 10 safety through the current system of state licensure. This 11 compact is designed to achieve the following objectives: 12 a. Increase public access to audiology and speech language 13 pathology services by providing for the mutual recognition of 14 other member state licenses. 15 b. Enhance the states’ ability to protect the public’s 16 health and safety. 17 c. Encourage the cooperation of member states in regulating 18 multistate audiology and speech language pathology practice. 19 d. Support spouses of relocating active duty military 20 personnel. 21 e. Enhance the exchange of licensure, investigative, and 22 disciplinary information between member states. 23 f. Allow a remote state to hold a provider of services with 24 a compact privilege in that state accountable to that state’s 25 practice standards. 26 g. Allow for the use of telehealth technology to facilitate 27 increased access to audiology and speech language pathology 28 services. 29 2. Definitions. As used in this compact, and except as 30 otherwise provided, the following definitions shall apply: 31 a. “Active duty military” means full-time duty status in 32 the active uniformed service of the United States, including 33 members of the national guard and the reserves on active duty 34 orders pursuant to 10 U.S.C. §1209 and 10 U.S.C. §1211. 35 -1- LSB 1281HV (5) 89 ss/rh 1/ 27

H.F. 500 b. “Adverse action” means any administrative, civil, 1 equitable, or criminal action permitted by a state’s laws which 2 is imposed by a licensing board or other authority against an 3 audiologist or speech language pathologist, including actions 4 against an individual’s license or privilege to practice 5 such as revocation, suspension, probation, monitoring of the 6 licensee, or restriction of the licensee’s practice. 7 c. “Alternative program” means a nondisciplinary monitoring 8 process approved by an audiology or speech language pathology 9 licensing board to address impaired practitioners. 10 d. “Audiologist” means an individual who is licensed by a 11 state to practice audiology. 12 e. “Audiology” means the care and services provided by 13 a licensed audiologist as set forth in the member state’s 14 statutes and rules. 15 f. “Audiology and speech language pathology compact 16 commission” or “commission” means the national administrative 17 body whose membership consists of all states that have enacted 18 the compact. 19 g. “Audiology and speech language pathology licensing board” , 20 “audiology licensing board”, “speech language pathology licensing 21 board” , or “licensing board” means the agency of a state that is 22 responsible for the licensing and regulation of audiologists or 23 speech language pathologists. 24 h. “Compact privilege” means the authorization granted by 25 a remote state to allow a licensee from another member state 26 to practice as an audiologist or speech language pathologist 27 in the remote state under its laws and rules. The practice of 28 audiology or speech language pathology occurs in the member 29 state where the patient, client, or student is located at the 30 time of the patient, client, or student encounter. 31 i. “Current significant investigative information” means 32 investigative information that a licensing board, after an 33 inquiry or investigation that includes notification and an 34 opportunity for the audiologist or speech language pathologist 35 -2- LSB 1281HV (5) 89 ss/rh 2/ 27

H.F. 500 to respond, if required by state law, has reason to believe is 1 not groundless and, if proved true, would indicate more than a 2 minor infraction. 3 j. “Data system” means a repository of information about 4 licensees, including but not limited to continuing education, 5 examination, licensure, investigative, compact privilege, and 6 adverse action. 7 k. “Encumbered license” means a license in which an adverse 8 action restricts the practice of audiology or speech language 9 pathology by the licensee and said adverse action has been 10 reported to the national practitioners data bank. 11 l. “Executive committee” means a group of directors elected 12 or appointed to act on behalf of, and within the powers granted 13 to them by, the commission. 14 m. “Home state” means the member state that is the 15 licensee’s primary state of residence. 16 n. “Impaired practitioner” means an individual whose 17 professional practice is adversely affected by substance abuse, 18 addiction, or other health-related conditions. 19 o. “Licensee” means an individual who currently holds an 20 authorization from the state licensing board to practice as an 21 audiologist or speech language pathologist. 22 p. “Member state” means a state that has enacted the 23 compact. 24 q. “Privilege to practice” means a legal authorization 25 permitting the practice of audiology or speech language 26 pathology in a remote state. 27 r. “Remote state” means a member state, other than the home 28 state, where a licensee is exercising or seeking to exercise 29 the compact privilege. 30 s. “Rule” means a regulation, principle, or directive 31 promulgated by the commission that has the force of law. 32 t. “Single-state license” means an audiology or speech 33 language pathology license issued by a member state that 34 authorizes practice only within the issuing state and does not 35 -3- LSB 1281HV (5) 89 ss/rh 3/ 27

H.F. 500 include a privilege to practice in any other member state. 1 u. “Speech language pathologist” means an individual who is 2 licensed by a state to practice speech language pathology. 3 v. “Speech language pathology” means the care and services 4 provided by a licensed speech language pathologist as set forth 5 in the member state’s statutes and rules. 6 w. “State” means any state, commonwealth, district, or 7 territory of the United States that regulates the practice of 8 audiology and speech language pathology. 9 x. “State practice laws” means a member state’s laws, rules, 10 and regulations that govern the practice of audiology or speech 11 language pathology, define the scope of audiology or speech 12 language pathology practice, and create the methods and grounds 13 for imposing discipline. 14 y. “Telehealth” means the application of telecommunication, 15 audiovisual, or other technologies that meet the applicable 16 standard of care to deliver audiology or speech language 17 pathology services at a distance for assessment, intervention, 18 or consultation. 19 3. State participation in the compact. 20 a. A license issued to an audiologist or speech language 21 pathologist by a home state to a resident in that state 22 shall be recognized by each member state as authorizing 23 an audiologist or speech language pathologist to practice 24 audiology or speech language pathology, under a privilege to 25 practice, in each member state. 26 b. A state must implement or utilize procedures for 27 considering the criminal history records of applicants for 28 initial privilege to practice. These procedures shall include 29 the submission of fingerprints or other biometric-based 30 information by applicants for the purpose of obtaining an 31 applicant’s criminal history record information from the 32 federal bureau of investigation and the agency responsible for 33 retaining that state’s criminal records. 34 (1) A member state must fully implement a criminal 35 -4- LSB 1281HV (5) 89 ss/rh 4/ 27

H.F. 500 background check requirement, within a time frame established 1 by rule, by receiving the results of the federal bureau of 2 investigation record search on criminal background checks and 3 use the results in making licensure decisions. 4 (2) Communication between a member state, the commission, 5 and among member states regarding the verification of 6 eligibility for licensure through the compact shall not 7 include any information received from the federal bureau of 8 investigation relating to a federal criminal records check 9 performed by a member state under the Department of State, 10 Justice, and Commerce, the Judiciary, and Related Agencies 11 Appropriation Act, 1973, Pub. L. No. 92-544. 12 c. Upon application for a privilege to practice, the 13 licensing board in the issuing remote state shall ascertain, 14 through the data system, whether the applicant has ever held, 15 or is the holder of, a license issued by any other state, 16 whether there are any encumbrances on any license or privilege 17 to practice held by the applicant, and whether any adverse 18 action has been taken against any license or privilege to 19 practice held by the applicant. 20 d. Each member state shall require an applicant to obtain 21 or retain a license in the home state and meet the home state’s 22 qualifications for licensure or renewal of licensure as well as 23 all other applicable state laws. 24 e. For an audiologist: 25 (1) Must meet one of the following educational 26 requirements: 27 (a) On or before December 31, 2007, has graduated with a 28 master’s degree or doctorate in audiology, or equivalent degree 29 regardless of degree name, from a program that is accredited 30 by an accrediting agency recognized by the council for higher 31 education accreditation, or its successor, or by the United 32 States department of education and operated by a college or 33 university accredited by a regional or national accrediting 34 organization recognized by the board. 35 -5- LSB 1281HV (5) 89 ss/rh 5/ 27

H.F. 500 (b) On or after January 1, 2008, has graduated with a 1 doctoral degree in audiology, or equivalent degree regardless 2 of degree name, from a program that is accredited by an 3 accrediting agency recognized by the council for higher 4 education accreditation, or its successor, or by the United 5 States department of education and operated by a college or 6 university accredited by a regional or national accrediting 7 organization recognized by the board. 8 (c) Has graduated from an audiology program that is housed 9 in an institution of higher education outside of the United 10 States for which the program and institution have been approved 11 by the authorized accrediting body in the applicable country 12 and the degree program has been verified by an independent 13 credentials review agency to be comparable to a state licensing 14 board-approved program. 15 (2) Has completed a supervised clinical practicum 16 experience from an accredited educational institution or its 17 cooperating programs as required by the board. 18 (3) Has successfully passed a national examination approved 19 by the commission. 20 (4) Holds an active, unencumbered license. 21 (5) Has not been convicted or found guilty, and has not 22 entered into an agreed disposition, of a felony related to 23 the practice of audiology, under applicable state or federal 24 criminal law. 25 (6) Has a valid United States social security or national 26 practitioner identification number. 27 f. For a speech language pathologist: 28 (1) Must meet one of the following educational 29 requirements: 30 (a) Has graduated with a master’s degree from a speech 31 language pathology program that is accredited by an 32 organization recognized by the United States department of 33 education and operated by a college or university accredited 34 by a regional or national accrediting organization recognized 35 -6- LSB 1281HV (5) 89 ss/rh 6/ 27

H.F. 500 by the board. 1 (b) Has graduated from a speech language pathology program 2 that is housed in an institution of higher education outside 3 of the United States for which the program and institution 4 have been approved by the authorized accrediting body in the 5 applicable country and the degree program has been verified by 6 an independent credentials review agency to be comparable to a 7 state licensing board-approved program. 8 (2) Has completed a supervised clinical practicum 9 experience from an educational institution or its cooperating 10 programs as required by the commission. 11 (3) Has completed a supervised postgraduate professional 12 experience as required by the commission. 13 (4) Has successfully passed a national examination approved 14 by the commission. 15 (5) Holds an active, unencumbered license. 16 (6) Has not been convicted or found guilty, and has not 17 entered into an agreed disposition, of a felony related to the 18 practice of speech language pathology, under applicable state 19 or federal criminal law. 20 (7) Has a valid United States social security or national 21 practitioner identification number. 22 g. The privilege to practice is derived from the home state 23 license. 24 h. An audiologist or speech language pathologist practicing 25 in a member state must comply with the state practice laws of 26 the state in which the client is located at the time service 27 is provided. The practice of audiology and speech language 28 pathology shall include all audiology and speech language 29 pathology practice as defined by the state practice laws of the 30 member state in which the client is located. The practice of 31 audiology and speech language pathology in a member state under 32 a privilege to practice shall subject an audiologist or speech 33 language pathologist to the jurisdiction of the licensing board 34 and the courts and the laws of the member state in which the 35 -7- LSB 1281HV (5) 89 ss/rh 7/ 27

H.F. 500 client is located at the time service is provided. 1 i. Individuals not residing in a member state shall continue 2 to be able to apply for a member state’s single-state license 3 as provided under the laws of each member state. However, the 4 single-state license granted to these individuals shall not be 5 recognized as granting the privilege to practice audiology or 6 speech language pathology in any other member state. Nothing 7 in this compact shall affect the requirements established by a 8 member state for the issuance of a single-state license. 9 j. Member states may charge a fee for granting a compact 10 privilege. 11 k. Member states must comply with the bylaws and rules and 12 regulations of the commission. 13 4. Compact privilege. 14 a. To exercise the compact privilege under the terms and 15 provisions of the compact, the audiologist or speech language 16 pathologist shall do all of the following: 17 (1) Hold an active license in the home state. 18 (2) Have no encumbrance on any state license. 19 (3) Be eligible for a compact privilege in any member state 20 in accordance with subsection 3. 21 (4) Have not had any adverse action against any license or 22 compact privilege within the previous two years from date of 23 application. 24 (5) Notify the commission that the licensee is seeking the 25 compact privilege within a remote state. 26 (6) Pay any applicable fees, including any state fee, for 27 the compact privilege. 28 (7) Report to the commission adverse action taken by any 29 nonmember state within thirty days from the date the adverse 30 action is taken. 31 b. For the purposes of the compact privilege, an audiologist 32 or speech language pathologist shall only hold one home state 33 license at a time. 34 c. Except as provided in subsection 6, if an audiologist or 35 -8- LSB 1281HV (5) 89 ss/rh 8/ 27

H.F. 500 speech language pathologist changes primary state of residence 1 by moving between two member states, the audiologist or speech 2 language pathologist must apply for licensure in the new home 3 state, and the license issued by the prior home state shall be 4 deactivated in accordance with applicable rules adopted by the 5 commission. 6 d. The audiologist or speech language pathologist may apply 7 for licensure in advance of a change in the primary state of 8 residence. 9 e. A license shall not be issued by the new home state 10 until the audiologist or speech language pathologist provides 11 satisfactory evidence of a change in the primary state of 12 residence to the new home state and satisfies all applicable 13 requirements to obtain a license from the new home state. 14 f. If an audiologist or speech language pathologist changes 15 the primary state of residence by moving from a member state 16 to a nonmember state, the license issued by the prior home 17 state shall convert to a single-state license, valid only in 18 the former home state. 19 g. The compact privilege is valid until the expiration date 20 of the home state license. The licensee must comply with the 21 requirements of subsection 4, paragraph “a” , to maintain the 22 compact privilege in the remote state. 23 h. 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 remote state. 27 i. A licensee providing audiology or speech language 28 pathology services in a remote state is subject to that state’s 29 regulatory authority. A remote state may, in accordance with 30 due process and that state’s laws, remove a licensee’s compact 31 privilege in the remote state for a specific period of time, 32 impose fines, or take any other necessary actions to protect 33 the health and safety of its citizens. 34 j. If a home state license is encumbered, the licensee shall 35 -9- LSB 1281HV (5) 89 ss/rh 9/ 27

H.F. 500 lose the compact privilege in any remote state until both of 1 the following occur: 2 (1) The home state license is no longer encumbered. 3 (2) Two years have elapsed from the date of the adverse 4 action. 5 k. Once an encumbered license in the home state is restored 6 to good standing, the licensee must meet the requirements of 7 subsection 4, paragraph “a” , to obtain a compact privilege in 8 any remote state. 9 l. Once the requirements of subsection 4, paragraph “j” , 10 have been met, the licensee must meet the requirements in 11 subsection 4, paragraph “a” , to obtain a compact privilege in a 12 remote state. 13 5. Compact privilege to practice telehealth. 14 a. Member states shall recognize the right of an audiologist 15 or speech language pathologist, licensed by a home state in 16 accordance with subsection 3 and under rules promulgated by 17 the commission, to practice audiology or speech language 18 pathology in any member state via telehealth under a privilege 19 to practice as provided in the compact and rules promulgated 20 by the commission. 21 b. A licensee providing audiology or speech language 22 pathology services in a remote state under the compact 23 privilege shall function within the laws and regulations of the 24 state where the patient or client is located. 25 6. Active duty military personnel or their spouses. 26 Active duty military personnel, or their spouse, shall 27 designate a home state where the individual has a current 28 license in good standing. The individual may retain the 29 home state designation during the period the service member 30 is on active duty. Subsequent to designating a home state, 31 the individual shall only change their home state through 32 application for licensure in the new state. 33 7. Adverse actions. 34 a. In addition to the other powers conferred by state law, 35 -10- LSB 1281HV (5) 89 ss/rh 10/ 27

H.F. 500 a remote state shall have the authority, in accordance with 1 existing state due process law, to do all of the following: 2 (1) Take adverse action against an audiologist’s or speech 3 language pathologist’s privilege to practice within that member 4 state. 5 (2) Issue subpoenas for both hearings and investigations 6 that require the attendance and testimony of witnesses as well 7 as the production of evidence. Subpoenas issued by a licensing 8 board in a member state for the attendance and testimony of 9 witnesses or the production of evidence from another member 10 state shall be enforced in the latter state by any court of 11 competent jurisdiction, according to the practice and procedure 12 of that court applicable to subpoenas issued in proceedings 13 pending before it. The issuing authority shall pay any witness 14 fees, travel expenses, mileage, and other fees required by 15 the service statutes of the state in which the witnesses or 16 evidence are located. 17 (3) Only the home state shall have the power to take 18 adverse action against an audiologist’s or speech language 19 pathologist’s license issued by the home state. 20 b. For purposes of taking adverse action, the home state 21 shall give the same priority and effect to reported conduct 22 received from a member state as it would if the conduct had 23 occurred within the home state. In so doing, the home state 24 shall apply its own state laws to determine appropriate action. 25 c. The home state shall complete any pending investigations 26 of an audiologist or speech language pathologist who 27 changes primary state of residence during the course of the 28 investigations. The home state shall also have the authority 29 to take appropriate action and shall promptly report the 30 conclusions of the investigations to the administrator of 31 the data system. The administrator of the data system shall 32 promptly notify the new home state of any adverse actions. 33 d. If otherwise permitted by state law, the member state 34 may recover from the affected audiologist or speech language 35 -11- LSB 1281HV (5) 89 ss/rh 11/ 27

H.F. 500 pathologist the costs of investigations and disposition of 1 cases resulting from any adverse action taken against that 2 audiologist or speech language pathologist. 3 e. The member state may take adverse action based on the 4 factual findings of the remote state, provided that the member 5 state follows the member state’s own procedures for taking the 6 adverse action. 7 f. Joint investigations. 8 (1) In addition to the authority granted to a member state 9 by its respective audiology or speech language pathology 10 practice act or other applicable state law, any member 11 state may participate with other member states in joint 12 investigations of licensees. 13 (2) Member states shall share any investigative, 14 litigation, or compliance materials in furtherance of any joint 15 or individual investigation initiated under the compact. 16 g. If adverse action is taken by the home state against an 17 audiologist’s or speech language pathologist’s license, the 18 audiologist’s or speech language pathologist’s privilege to 19 practice in all other member states shall be deactivated until 20 all encumbrances have been removed from the home state license. 21 All home state disciplinary orders that impose adverse action 22 against an audiologist’s or speech language pathologist’s 23 license shall include a statement that the audiologist’s 24 or speech language pathologist’s privilege to practice is 25 deactivated in all member states during the pendency of the 26 order. 27 h. If a member state takes adverse action, it shall promptly 28 notify the administrator of the data system. The administrator 29 of the data system shall promptly notify the home state of any 30 adverse actions by remote states. 31 i. Nothing in this compact shall override a member state’s 32 decision that participation in an alternative program may be 33 used in lieu of adverse action. 34 8. Establishment of the audiology and speech language 35 -12- LSB 1281HV (5) 89 ss/rh 12/ 27

H.F. 500 pathology compact commission. 1 a. The compact member states hereby create and establish a 2 joint public agency known as the audiology and speech language 3 pathology compact commission. 4 (1) The commission is an instrumentality of the compact 5 states. 6 (2) Venue is proper and judicial proceedings by or against 7 the commission shall be brought solely and exclusively in a 8 court of competent jurisdiction where the principal office of 9 the commission is located. The commission may waive venue and 10 jurisdictional defenses to the extent it adopts or consents to 11 participate in alternative dispute resolution proceedings. 12 (3) Nothing in this compact shall be construed to be a 13 waiver of sovereign immunity. 14 b. Membership, voting, and meetings. 15 (1) Each member state shall have two delegates selected 16 by that member state’s licensing board. The delegates shall 17 be current members of the licensing board. One shall be an 18 audiologist and one shall be a speech language pathologist. 19 (2) An additional five delegates, who are either a public 20 member or board administrator from a state licensing board, 21 shall be chosen by the executive committee from a pool of 22 nominees provided by the commission at large. 23 (3) Any delegate may be removed or suspended from office 24 as provided by the law of the state from which the delegate is 25 appointed. 26 (4) The member state board shall fill any vacancy occurring 27 on the commission within ninety days of a vacancy. 28 (5) Each delegate shall be entitled to one vote with regard 29 to the promulgation of rules and creation of bylaws and shall 30 otherwise have an opportunity to participate in the business 31 and affairs of the commission. 32 (6) A delegate shall vote in person or by other means as 33 provided in the bylaws. The bylaws may provide for delegates’ 34 participation in meetings by telephone or other means of 35 -13- LSB 1281HV (5) 89 ss/rh 13/ 27

H.F. 500 communication. 1 (7) The commission shall meet at least once during each 2 calendar year. Additional meetings shall be held as set forth 3 in the bylaws. 4 c. The commission shall have the following powers and 5 duties: 6 (1) Establish the fiscal year of the commission. 7 (2) Establish bylaws. 8 (3) Establish a code of ethics. 9 (4) Maintain its financial records in accordance with the 10 bylaws. 11 (5) Meet and take actions as are consistent with the 12 provisions of this compact and the bylaws. 13 (6) Promulgate uniform rules to facilitate and coordinate 14 implementation and administration of this compact. The rules 15 shall have the force and effect of law and shall be binding in 16 all member states to the extent and in the manner provided for 17 in the compact. 18 (7) Bring and prosecute legal proceedings or actions in the 19 name of the commission, provided that the standing of any state 20 audiology or speech language pathology licensing board to sue 21 or be sued under applicable law shall not be affected. 22 (8) Purchase and maintain insurance and bonds. 23 (9) Borrow, accept, or contract for services of personnel, 24 including but not limited to employees of a member state. 25 (10) Hire employees, elect or appoint officers, fix 26 compensation, define duties, grant individuals appropriate 27 authority to carry out the purposes of the compact, and 28 establish the commission’s personnel policies and programs 29 relating to conflicts of interest, qualifications of personnel, 30 and other related personnel matters. 31 (11) Accept any and all appropriate donations and grants 32 of money, equipment, supplies, materials, and services, and 33 receive, utilize and dispose of the same; provided that at all 34 times the commission shall avoid any appearance of impropriety 35 -14- LSB 1281HV (5) 89 ss/rh 14/ 27

H.F. 500 or conflict of interest. 1 (12) Lease, purchase, accept appropriate gifts or donations 2 of, or otherwise own, hold, improve, or use, any property, 3 real, personal, or mixed; provided that at all times the 4 commission shall avoid any appearance of impropriety. 5 (13) Sell, convey, mortgage, pledge, lease, exchange, 6 abandon, or otherwise dispose of any property real, personal, 7 or mixed. 8 (14) Establish a budget and make expenditures. 9 (15) Borrow money. 10 (16) Appoint committees, including standing committees 11 composed of members, and other interested persons as may be 12 designated in this compact and the bylaws. 13 (17) Provide and receive information from, and cooperate 14 with, law enforcement agencies. 15 (18) Establish and elect an executive committee. 16 (19) Perform other functions as may be necessary or 17 appropriate to achieve the purposes of this compact consistent 18 with the state regulation of audiology and speech language 19 pathology licensure and practice. 20 d. The commission shall have no authority to change or 21 modify the laws of the member states which define the practice 22 of audiology and speech language pathology in the respective 23 states. 24 e. The executive committee. The executive committee shall 25 have the power to act on behalf of the commission according to 26 the terms of this compact. 27 (1) The executive committee shall be composed of ten 28 members: 29 (a) Seven voting members who are elected by the commission 30 from the current membership of the commission. 31 (b) Two ex officio members, consisting of one nonvoting 32 member from a recognized national audiology professional 33 association and one nonvoting member from a recognized national 34 speech language pathology association. 35 -15- LSB 1281HV (5) 89 ss/rh 15/ 27

H.F. 500 (c) One ex officio, nonvoting member from the recognized 1 membership organization of the audiology and speech language 2 pathology licensing boards. 3 (d) The ex officio members shall be selected by their 4 respective organizations. 5 (2) The commission may remove any member of the executive 6 committee as provided in the bylaws. 7 (3) The executive committee shall meet at least annually. 8 (4) The executive committee shall have the following duties 9 and responsibilities: 10 (a) Recommend to the entire commission changes to the rules 11 or bylaws, changes to this compact, fees paid by compact member 12 states such as annual dues, and any commission compact fee 13 charged to licensees for the compact privilege. 14 (b) Ensure compact administration services are 15 appropriately provided, contractual or otherwise. 16 (c) Prepare and recommend the budget. 17 (d) Maintain financial records on behalf of the commission. 18 (e) Monitor compact compliance of member states and provide 19 compliance reports to the commission. 20 (f) Establish additional committees as necessary. 21 (g) Other duties as provided in rules or bylaws. 22 (5) Meetings of the commission. 23 All meetings shall be open to the public, and public notice 24 of meetings shall be given in the same manner as required under 25 the rulemaking provisions in subsection 10. 26 (6) (a) The commission or the executive committee or other 27 committees of the commission may convene in a closed, nonpublic 28 meeting if the commission or executive committee or other 29 committees of the commission must discuss any of the following: 30 (i) Noncompliance of a member state with its obligations 31 under the compact. 32 (ii) The employment, compensation, discipline, or other 33 matters, practices, or procedures related to specific employees 34 or other matters related to the commission’s internal personnel 35 -16- LSB 1281HV (5) 89 ss/rh 16/ 27

H.F. 500 practices and procedures. 1 (iii) Current, threatened, or reasonably anticipated 2 litigation. 3 (iv) Negotiation of contracts for the purchase, lease, or 4 sale of goods, services, or real estate. 5 (v) Accusing any person of a crime or formally censuring any 6 person. 7 (vi) Disclosure of trade secrets or commercial or financial 8 information that is privileged or confidential. 9 (vii) Disclosure of information of a personal nature where 10 disclosure would constitute a clearly unwarranted invasion of 11 personal privacy. 12 (viii) Disclosure of investigative records compiled for law 13 enforcement purposes. 14 (ix) Disclosure of information related to any investigative 15 reports prepared by or on behalf of or for use of the 16 commission or other committee charged with responsibility of 17 investigation or determination of compliance issues pursuant 18 to the compact. 19 (x) Matters specifically exempted from disclosure by 20 federal or member state statute. 21 (b) If a meeting, or portion of a meeting, is closed 22 pursuant to this provision, the commission’s legal counsel or 23 designee shall certify that the meeting may be closed and shall 24 reference each relevant exempting provision. 25 (7) The commission shall keep minutes that fully and clearly 26 describe all matters discussed in a meeting and shall provide 27 a full and accurate summary of actions taken, and the reasons 28 therefor, including a description of the views expressed. All 29 documents considered in connection with an action shall be 30 identified in such minutes. All minutes and documents of a 31 closed meeting shall remain under seal, subject to release 32 by a majority vote of the commission or order of a court of 33 competent jurisdiction. 34 (8) Financing the commission. 35 -17- LSB 1281HV (5) 89 ss/rh 17/ 27

H.F. 500 (a) The commission shall pay, or provide for the payment of, 1 the reasonable expenses of its establishment, organization, and 2 ongoing activities. 3 (b) The commission may accept any and all appropriate 4 revenue sources, donations, and grants of money, equipment, 5 supplies, materials, and services. 6 (c) The commission may levy on and collect an annual 7 assessment from each member state or impose fees on other 8 parties to cover the cost of the operations and activities 9 of the commission and its staff, which must be in a total 10 amount sufficient to cover its annual budget as approved each 11 year for which revenue is not provided by other sources. The 12 aggregate annual assessment amount shall be allocated based 13 upon a formula to be determined by the commission, which shall 14 promulgate a rule binding upon all member states. 15 (d) The commission shall not incur obligations of any kind 16 prior to securing the funds adequate to meet the same; nor 17 shall the commission pledge the credit of any of the member 18 states, except by and with the authority of the member state. 19 (e) The commission shall keep accurate accounts of all 20 receipts and disbursements. The receipts and disbursements of 21 the commission shall be subject to the audit and accounting 22 procedures established under its bylaws. However, all receipts 23 and disbursements of funds handled by the commission shall be 24 audited yearly by a certified or licensed public accountant, 25 and the report of the audit shall be included in and become 26 part of the annual report of the commission. 27 f. Qualified immunity, defense, and indemnification. 28 (1) The members, officers, executive director, employees, 29 and representatives of the commission shall be immune from 30 suit and liability, either personally or in their official 31 capacity, for any claim for damage to or loss of property or 32 personal injury or other civil liability caused by or arising 33 out of any actual or alleged act, error, or omission that 34 occurred, or that the person against whom the claim is made had 35 -18- LSB 1281HV (5) 89 ss/rh 18/ 27

H.F. 500 a reasonable basis for believing occurred within the scope of 1 commission employment, duties, or responsibilities; provided 2 that nothing in this paragraph “f” shall be construed to protect 3 any person from suit or liability for any damage, loss, injury, 4 or liability caused by the intentional, willful, or wanton 5 misconduct of that person. 6 (2) The commission shall defend any member, officer, 7 executive director, employee, or representative of the 8 commission in any civil action seeking to impose liability 9 arising out of any actual or alleged act, error, or omission 10 that occurred within the scope of commission employment, 11 duties, or responsibilities, or that the person against 12 whom the claim is made had a reasonable basis for believing 13 occurred within the scope of commission employment, duties, 14 or responsibilities; provided that nothing herein shall be 15 construed to prohibit that person from retaining the person’s 16 own counsel; and provided further, that the actual or alleged 17 act, error, or omission did not result from that person’s 18 intentional, willful, or wanton misconduct. 19 (3) The commission shall indemnify and hold harmless 20 any member, officer, executive director, employee, or 21 representative of the commission for the amount of any 22 settlement or judgment obtained against that person arising 23 out of any actual or alleged act, error, or omission that 24 occurred within the scope of commission employment, duties, 25 or responsibilities, or that such person had a reasonable 26 basis for believing occurred within the scope of commission 27 employment, duties, or responsibilities, provided that the 28 actual or alleged act, error, or omission did not result from 29 the intentional, willful, or wanton misconduct of that person. 30 9. Data system. 31 a. The commission shall provide for the development, 32 maintenance, and utilization of a coordinated database and 33 reporting system containing licensure, adverse action, and 34 investigative information on all licensed individuals in member 35 -19- LSB 1281HV (5) 89 ss/rh 19/ 27

H.F. 500 states. 1 b. Notwithstanding any other provision of state law to 2 the contrary, a member state shall submit a uniform data set 3 to the data system on all individuals to whom this compact 4 is applicable as required by the rules of the commission, 5 including all of the following: 6 (1) Identifying information. 7 (2) Licensure data. 8 (3) Adverse actions against a license or compact privilege. 9 (4) Nonconfidential information related to alternative 10 program participation. 11 (5) Any denial of application for licensure, and the reason 12 for denial. 13 (6) Other information that may facilitate the 14 administration of this compact, as determined by the rules of 15 the commission. 16 c. Investigative information pertaining to a licensee in any 17 member state shall only be available to other member states. 18 d. The commission shall promptly notify all member states of 19 any adverse action taken against a licensee or an individual 20 applying for a license. Adverse action information pertaining 21 to a licensee in any member state shall be available to any 22 other member state. 23 e. Member states contributing information to the data 24 system may designate information that may not be shared with 25 the public without the express permission of the contributing 26 state. 27 f. Any information submitted to the data system that is 28 subsequently required to be expunged by the laws of the member 29 state contributing the information shall be removed from the 30 data system. 31 10. Rulemaking. 32 a. The commission shall exercise its rulemaking powers 33 pursuant to the criteria set forth in this subsection and the 34 rules adopted thereunder. Rules and amendments shall become 35 -20- LSB 1281HV (5) 89 ss/rh 20/ 27