Maine Revised Statutes Title 32 Sec. 17503 – State participation in the compact
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To participate in the compact, a member state shall meet the requirements of this section. [PL 2023, c. 310, §1 (NEW).]
1. Recognition of compact privilege. A member state shall recognize a license issued to an audiologist or speech-language pathologist by a home state to a resident in that state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.
[PL 2023, c. 310, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 17503
- Accredited: means an educational institution that is approved by the United States Department of Education, or one of its regionally accredited agencies. See Maine Revised Statutes Title 32 Sec. 17101
- Adverse action: means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee or restriction on the licensee's practice. See Maine Revised Statutes Title 32 Sec. 17502
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Audiologist: means an individual who is licensed by a state to practice audiology. See Maine Revised Statutes Title 32 Sec. 17502
- Audiology: means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. See Maine Revised Statutes Title 32 Sec. 17502
- Board: means the Board of Speech, Audiology and Hearing pursuant to section 17201. See Maine Revised Statutes Title 32 Sec. 17101
- Client: means a recipient of audiology or speech-language pathology services. See Maine Revised Statutes Title 32 Sec. 17502
- commission: means the national administrative body whose membership consists of all states that have enacted the compact. See Maine Revised Statutes Title 32 Sec. 17502
- Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. See Maine Revised Statutes Title 32 Sec. 17502
- Data system: means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action. See Maine Revised Statutes Title 32 Sec. 17502
- Home state: means the member state that is the licensee's primary state of residence. See Maine Revised Statutes Title 32 Sec. 17502
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- licensing board: means the agency of a state that is responsible for the licensing and regulation of audiologists and speech-language pathologists. See Maine Revised Statutes Title 32 Sec. 17502
- Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 17502
- Privilege to practice: means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state. See Maine Revised Statutes Title 32 Sec. 17502
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Remote state: means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. See Maine Revised Statutes Title 32 Sec. 17502
- Rule: means a regulation, principle or directive promulgated by the commission that has the force of law. See Maine Revised Statutes Title 32 Sec. 17502
- Single-state license: means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. See Maine Revised Statutes Title 32 Sec. 17502
- Speech-language pathologist: means an individual who is licensed by a state to practice speech-language pathology. See Maine Revised Statutes Title 32 Sec. 17502
- Speech-language pathology: means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. See Maine Revised Statutes Title 32 Sec. 17502
- State: means any state, commonwealth, district or territory of the United States of America that regulates the practice of audiology and speech-language pathology. See Maine Revised Statutes Title 32 Sec. 17502
- State practice laws: means a member state's laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice and create the methods and grounds for imposing discipline. See Maine Revised Statutes Title 32 Sec. 17502
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Home state license. A member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws.
[PL 2023, c. 310, §1 (NEW).]
3. Audiologist requirements. A member state must require that to be granted a compact privilege, an audiologist must:
A. Meet one of the following educational requirements:
(1) On or before December 31, 2007, have graduated with a master’s degree or doctorate in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board;
(2) On or after January 1, 2008, have graduated with a doctorate in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or
(3) Have graduated from an audiology program that is housed in an institution of higher education outside of the United States:
(a) For which the program and institution have been approved by the authorized accrediting body in the applicable country;
(b) For which the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program; and
(c) For which the audiologist has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission; [PL 2023, c. 310, §1 (NEW).]
B. Have successfully passed a national examination approved by the commission; [PL 2023, c. 310, §1 (NEW).]
C. Hold an active, unencumbered license; [PL 2023, c. 310, §1 (NEW).]
D. Have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and [PL 2023, c. 310, §1 (NEW).]
E. Have a valid social security number or National Practitioner Identification number. [PL 2023, c. 310, §1 (NEW).]
[PL 2023, c. 310, §1 (NEW).]
4. Speech-language pathologist requirements. A member state must require that to be granted a compact privilege, a speech-language pathologist must:
A. Meet one of the following educational requirements:
(1) Have graduated with a master’s degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or
(2) Have graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States:
(a) For which the program and institution have been approved by the authorized accrediting body in the applicable country; and
(b) For which the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program; [PL 2023, c. 310, §1 (NEW).]
B. Have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission; [PL 2023, c. 310, §1 (NEW).]
C. Have completed a supervised postgraduate professional experience as required by the commission; [PL 2023, c. 310, §1 (NEW).]
D. Have successfully passed a national examination approved by the commission; [PL 2023, c. 310, §1 (NEW).]
E. Hold an active, unencumbered license; [PL 2023, c. 310, §1 (NEW).]
F. Have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and [PL 2023, c. 310, §1 (NEW).]
G. Have a valid social security number or National Practitioner Identification number. [PL 2023, c. 310, §1 (NEW).]
[PL 2023, c. 310, §1 (NEW).]
5. Consideration of criminal history records. A member state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
A. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and using the results in making licensure decisions. [PL 2023, c. 310, §1 (NEW).]
B. Communication between a member state and the commission and among member states regarding the verification of eligibility for licensure through the compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under the federal Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973, Title II, Public Law 92-544 (1972). [PL 2023, c. 310, §1 (NEW).]
[PL 2023, c. 310, §1 (NEW).]
6. Other state information. Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant and whether any adverse action has been taken against any license or privilege to practice held by the applicant.
[PL 2023, c. 310, §1 (NEW).]
7. Privilege to practice. The privilege to practice is derived from the home state license.
[PL 2023, c. 310, §1 (NEW).]
8. Compliance with practice laws; client location. An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology must include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice subjects an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws of the member state in which the client is located at the time service is provided.
[PL 2023, c. 310, §1 (NEW).]
9. Nonresidents. An individual not residing in a member state is able to apply for a member state’s single-state license as provided under the laws of that member state. However, the single-state license granted to these individuals may not be recognized as granting the compact privilege in any other member state.
[PL 2023, c. 310, §1 (NEW).]
10. No effect on single-state license authority. Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.
[PL 2023, c. 310, §1 (NEW).]
11. Fee. A member state may charge a fee for granting a compact privilege.
[PL 2023, c. 310, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 310, §1 (NEW).