North Carolina General Statutes 90-312.4. Compact privilege
(a) To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall meet all of the following:
(1) Hold an active license in the home state.
Terms Used In North Carolina General Statutes 90-312.4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Have no encumbrance on any state license.
(3) Be eligible for a compact privilege in any member state in accordance with N.C. Gen. Stat. § 90-312.3
(4) Have not had any adverse action against any license or compact privilege within the previous two years from date of application.
(5) Notify the Commission that the licensee is seeking the compact privilege within a remote state(s).
(6) Pay any applicable fees, including any state fee, for the compact privilege.
(7) Report to the Commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.
(b) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.
(c) Except as provided in N.C. Gen. Stat. § 90-312.6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.
(d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.
(e) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
(f) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.
(g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) of this section to maintain the compact privilege in the remote state.
(h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.
(j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until both of the following occur:
(1) The home state license is no longer encumbered.
(2) Two years have elapsed from the date of the adverse action.
(k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section to obtain a compact privilege in any remote state.
(l) Once the requirements of subsection (j) of this section have been met, the licensee must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state. (2020-87, s. 3.)