House Study Bill 122 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) 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 1281YC (5) 89 ss/rh

H.F. _____ 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 1281YC (5) 89 ss/rh 1/ 27

H.F. _____ 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 1281YC (5) 89 ss/rh 2/ 27

H.F. _____ 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 1281YC (5) 89 ss/rh 3/ 27

H.F. _____ 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 technology to deliver audiology or speech language pathology 16 services at a distance for assessment, intervention, or 17 consultation. 18 3. State participation in the compact. 19 a. A license issued to an audiologist or speech language 20 pathologist by a home state to a resident in that state 21 shall be recognized by each member state as authorizing 22 an audiologist or speech language pathologist to practice 23 audiology or speech language pathology, under a privilege to 24 practice, in each member state. 25 b. A state must implement or utilize procedures for 26 considering the criminal history records of applicants for 27 initial privilege to practice. These procedures shall include 28 the submission of fingerprints or other biometric-based 29 information by applicants for the purpose of obtaining an 30 applicant’s criminal history record information from the 31 federal bureau of investigation and the agency responsible for 32 retaining that state’s criminal records. 33 (1) A member state must fully implement a criminal 34 background check requirement, within a time frame established 35 -4- LSB 1281YC (5) 89 ss/rh 4/ 27

H.F. _____ by rule, by receiving the results of the federal bureau of 1 investigation record search on criminal background checks and 2 use the results in making licensure decisions. 3 (2) Communication between a member state, the commission, 4 and among member states regarding the verification of 5 eligibility for licensure through the compact shall not 6 include any information received from the federal bureau of 7 investigation relating to a federal criminal records check 8 performed by a member state under the Department of State, 9 Justice, and Commerce, the Judiciary, and Related Agencies 10 Appropriation Act, 1973, Pub. L. No. 92-544. 11 c. Upon application for a privilege to practice, the 12 licensing board in the issuing remote state shall ascertain, 13 through the data system, whether the applicant has ever held, 14 or is the holder of, a license issued by any other state, 15 whether there are any encumbrances on any license or privilege 16 to practice held by the applicant, and whether any adverse 17 action has been taken against any license or privilege to 18 practice held by the applicant. 19 d. Each member state shall require an applicant to obtain 20 or retain a license in the home state and meet the home state’s 21 qualifications for licensure or renewal of licensure as well as 22 all other applicable state laws. 23 e. For an audiologist: 24 (1) Must meet one of the following educational 25 requirements: 26 (a) On or before December 31, 2007, has graduated with a 27 master’s degree or doctorate in audiology, or equivalent degree 28 regardless of degree name, from a program that is accredited 29 by an accrediting agency recognized by the council for higher 30 education accreditation, or its successor, or by the United 31 States department of education and operated by a college or 32 university accredited by a regional or national accrediting 33 organization recognized by the board. 34 (b) On or after January 1, 2008, has graduated with a 35 -5- LSB 1281YC (5) 89 ss/rh 5/ 27

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

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

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

H.F. _____ by moving between two member states, the audiologist or speech 1 language pathologist must apply for licensure in the new home 2 state, and the license issued by the prior home state shall be 3 deactivated in accordance with applicable rules adopted by the 4 commission. 5 d. The audiologist or speech language pathologist may apply 6 for licensure in advance of a change in the primary state of 7 residence. 8 e. A license shall not be issued by the new home state 9 until the audiologist or speech language pathologist provides 10 satisfactory evidence of a change in the primary state of 11 residence to the new home state and satisfies all applicable 12 requirements to obtain a license from the new home state. 13 f. If an audiologist or speech language pathologist changes 14 the primary state of residence by moving from a member state 15 to a nonmember state, the license issued by the prior home 16 state shall convert to a single-state license, valid only in 17 the former home state. 18 g. The compact privilege is valid until the expiration date 19 of the home state license. The licensee must comply with the 20 requirements of subsection 4, paragraph “a” , to maintain the 21 compact privilege in the remote state. 22 h. A licensee providing audiology or speech language 23 pathology services in a remote state under the compact 24 privilege shall function within the laws and regulations of the 25 remote state. 26 i. A licensee providing audiology or speech language 27 pathology services in a remote state is subject to that state’s 28 regulatory authority. A remote state may, in accordance with 29 due process and that state’s laws, remove a licensee’s compact 30 privilege in the remote state for a specific period of time, 31 impose fines, or take any other necessary actions to protect 32 the health and safety of its citizens. 33 j. If a home state license is encumbered, the licensee shall 34 lose the compact privilege in any remote state until both of 35 -9- LSB 1281YC (5) 89 ss/rh 9/ 27

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

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

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

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

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

H.F. _____ (13) Sell, convey, mortgage, pledge, lease, exchange, 1 abandon, or otherwise dispose of any property real, personal, 2 or mixed. 3 (14) Establish a budget and make expenditures. 4 (15) Borrow money. 5 (16) Appoint committees, including standing committees 6 composed of members, and other interested persons as may be 7 designated in this compact and the bylaws. 8 (17) Provide and receive information from, and cooperate 9 with, law enforcement agencies. 10 (18) Establish and elect an executive committee. 11 (19) Perform other functions as may be necessary or 12 appropriate to achieve the purposes of this compact consistent 13 with the state regulation of audiology and speech language 14 pathology licensure and practice. 15 d. The executive committee. 16 The executive committee shall have the power to act on behalf 17 of the commission according to the terms of this compact. 18 (1) The executive committee shall be composed of ten 19 members: 20 (a) Seven voting members who are elected by the commission 21 from the current membership of the commission. 22 (b) Two ex officio members, consisting of one nonvoting 23 member from a recognized national audiology professional 24 association and one nonvoting member from a recognized national 25 speech language pathology association. 26 (c) One ex officio, nonvoting member from the recognized 27 membership organization of the audiology and speech language 28 pathology licensing boards. 29 (d) The ex officio members shall be selected by their 30 respective organizations. 31 (2) The commission may remove any member of the executive 32 committee as provided in the bylaws. 33 (3) The executive committee shall meet at least annually. 34 (4) The executive committee shall have the following duties 35 -15- LSB 1281YC (5) 89 ss/rh 15/ 27

H.F. _____ and responsibilities: 1 (a) Recommend to the entire commission changes to the rules 2 or bylaws, changes to this compact, fees paid by compact member 3 states such as annual dues, and any commission compact fee 4 charged to licensees for the compact privilege. 5 (b) Ensure compact administration services are 6 appropriately provided, contractual or otherwise. 7 (c) Prepare and recommend the budget. 8 (d) Maintain financial records on behalf of the commission. 9 (e) Monitor compact compliance of member states and provide 10 compliance reports to the commission. 11 (f) Establish additional committees as necessary. 12 (g) Other duties as provided in rules or bylaws. 13 (5) Meetings of the commission. 14 All meetings shall be open to the public, and public notice 15 of meetings shall be given in the same manner as required under 16 the rulemaking provisions in subsection 10. 17 (6) (a) The commission or the executive committee or other 18 committees of the commission may convene in a closed, nonpublic 19 meeting if the commission or executive committee or other 20 committees of the commission must discuss any of the following: 21 (i) Noncompliance of a member state with its obligations 22 under the compact. 23 (ii) The employment, compensation, discipline, or other 24 matters, practices, or procedures related to specific employees 25 or other matters related to the commission’s internal personnel 26 practices and procedures. 27 (iii) Current, threatened, or reasonably anticipated 28 litigation. 29 (iv) Negotiation of contracts for the purchase, lease, or 30 sale of goods, services, or real estate. 31 (v) Accusing any person of a crime or formally censuring any 32 person. 33 (vi) Disclosure of trade secrets or commercial or financial 34 information that is privileged or confidential. 35 -16- LSB 1281YC (5) 89 ss/rh 16/ 27

H.F. _____ (vii) Disclosure of information of a personal nature where 1 disclosure would constitute a clearly unwarranted invasion of 2 personal privacy. 3 (viii) Disclosure of investigative records compiled for law 4 enforcement purposes. 5 (ix) Disclosure of information related to any investigative 6 reports prepared by or on behalf of or for use of the 7 commission or other committee charged with responsibility of 8 investigation or determination of compliance issues pursuant 9 to the compact. 10 (x) Matters specifically exempted from disclosure by 11 federal or member state statute. 12 (b) If a meeting, or portion of a meeting, is closed 13 pursuant to this provision, the commission’s legal counsel or 14 designee shall certify that the meeting may be closed and shall 15 reference each relevant exempting provision. 16 (7) The commission shall keep minutes that fully and clearly 17 describe all matters discussed in a meeting and shall provide 18 a full and accurate summary of actions taken, and the reasons 19 therefor, including a description of the views expressed. All 20 documents considered in connection with an action shall be 21 identified in such minutes. All minutes and documents of a 22 closed meeting shall remain under seal, subject to release 23 by a majority vote of the commission or order of a court of 24 competent jurisdiction. 25 (8) Financing the commission. 26 (a) The commission shall pay, or provide for the payment of, 27 the reasonable expenses of its establishment, organization, and 28 ongoing activities. 29 (b) The commission may accept any and all appropriate 30 revenue sources, donations, and grants of money, equipment, 31 supplies, materials, and services. 32 (c) The commission may levy on and collect an annual 33 assessment from each member state or impose fees on other 34 parties to cover the cost of the operations and activities 35 -17- LSB 1281YC (5) 89 ss/rh 17/ 27

H.F. _____ of the commission and its staff, which must be in a total 1 amount sufficient to cover its annual budget as approved each 2 year for which revenue is not provided by other sources. The 3 aggregate annual assessment amount shall be allocated based 4 upon a formula to be determined by the commission, which shall 5 promulgate a rule binding upon all member states. 6 (d) The commission shall not incur obligations of any kind 7 prior to securing the funds adequate to meet the same; nor 8 shall the commission pledge the credit of any of the member 9 states, except by and with the authority of the member state. 10 (e) The commission shall keep accurate accounts of all 11 receipts and disbursements. The receipts and disbursements of 12 the commission shall be subject to the audit and accounting 13 procedures established under its bylaws. However, all receipts 14 and disbursements of funds handled by the commission shall be 15 audited yearly by a certified or licensed public accountant, 16 and the report of the audit shall be included in and become 17 part of the annual report of the commission. 18 e. Qualified immunity, defense, and indemnification. 19 (1) The members, officers, executive director, employees, 20 and representatives of the commission shall be immune from 21 suit and liability, either personally or in their official 22 capacity, for any claim for damage to or loss of property or 23 personal injury or other civil liability caused by or arising 24 out of any actual or alleged act, error, or omission that 25 occurred, or that the person against whom the claim is made had 26 a reasonable basis for believing occurred within the scope of 27 commission employment, duties, or responsibilities; provided 28 that nothing in this paragraph “e” shall be construed to protect 29 any person from suit or liability for any damage, loss, injury, 30 or liability caused by the intentional, willful, or wanton 31 misconduct of that person. 32 (2) The commission shall defend any member, officer, 33 executive director, employee, or representative of the 34 commission in any civil action seeking to impose liability 35 -18- LSB 1281YC (5) 89 ss/rh 18/ 27

H.F. _____ arising out of any actual or alleged act, error, or omission 1 that occurred within the scope of commission employment, 2 duties, or responsibilities, or that the person against 3 whom the claim is made had a reasonable basis for believing 4 occurred within the scope of commission employment, duties, 5 or responsibilities; provided that nothing herein shall be 6 construed to prohibit that person from retaining the person’s 7 own counsel; and provided further, that the actual or alleged 8 act, error, or omission did not result from that person’s 9 intentional, willful, or wanton misconduct. 10 (3) The commission shall indemnify and hold harmless 11 any member, officer, executive director, employee, or 12 representative of the commission for the amount of any 13 settlement or judgment obtained against that person arising 14 out of any actual or alleged act, error, or omission that 15 occurred within the scope of commission employment, duties, 16 or responsibilities, or that such person had a reasonable 17 basis for believing occurred within the scope of commission 18 employment, duties, or responsibilities, provided that the 19 actual or alleged act, error, or omission did not result from 20 the intentional, willful, or wanton misconduct of that person. 21 9. Data system. 22 a. The commission shall provide for the development, 23 maintenance, and utilization of a coordinated database and 24 reporting system containing licensure, adverse action, and 25 investigative information on all licensed individuals in member 26 states. 27 b. Notwithstanding any other provision of state law to 28 the contrary, a member state shall submit a uniform data set 29 to the data system on all individuals to whom this compact 30 is applicable as required by the rules of the commission, 31 including all of the following: 32 (1) Identifying information. 33 (2) Licensure data. 34 (3) Adverse actions against a license or compact privilege. 35 -19- LSB 1281YC (5) 89 ss/rh 19/ 27

H.F. _____ (4) Nonconfidential information related to alternative 1 program participation. 2 (5) Any denial of application for licensure, and the reason 3 for denial. 4 (6) Other information that may facilitate the 5 administration of this compact, as determined by the rules of 6 the commission. 7 c. Investigative information pertaining to a licensee in any 8 member state shall only be available to other member states. 9 d. The commission shall promptly notify all member states of 10 any adverse action taken against a licensee or an individual 11 applying for a license. Adverse action information pertaining 12 to a licensee in any member state shall be available to any 13 other member state. 14 e. Member states contributing information to the data 15 system may designate information that may not be shared with 16 the public without the express permission of the contributing 17 state. 18 f. Any information submitted to the data system that is 19 subsequently required to be expunged by the laws of the member 20 state contributing the information shall be removed from the 21 data system. 22 10. Rulemaking. 23 a. The commission shall exercise its rulemaking powers 24 pursuant to the criteria set forth in this subsection and the 25 rules adopted thereunder. Rules and amendments shall become 26 binding as of the date specified in each rule or amendment. 27 b. If a majority of the legislatures of the member states 28 rejects a rule, by enactment of a statute or resolution in the 29 same manner used to adopt the compact within four years of the 30 date of adoption of the rule, the rule shall have no further 31 force and effect in any member state. 32 c. Rules or amendments to the rules shall be adopted at a 33 regular or special meeting of the commission. 34 d. Prior to promulgation and adoption of a final rule or 35 -20- LSB 1281YC (5) 89 ss/rh 20/ 27