Bill Summary for H 1053 (2019-2020)

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 1053 (Public) Filed Thursday, April 30, 2020
AN ACT TO EXPEDITE OCCUPATIONAL LICENSURE FOR MILITARY SPOUSES; TO PUBLICIZE LICENSURE INFORMATION; TO REPORT DATA REGARDING APPLICANTS WHO ARE MILITARY SPOUSES AND APPLICANTS THAT HAVE MILITARY TRAINING, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE; AND TO ESTABLISH THE INTERSTATE COMPACT FOR THE PRACTICE OF AUDIOLOGY AND SPEECH PATHOLOGY.
Intro. by Horn, Lucas.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Places the previous content in new Part I.

Makes organizational changes to GS Chapter 93B to place existing statutes in new Article 1, Occupational Licensing Boards.

Part II adds the following new provisions.

Enacts new Article 2, Interstate Compact for Audiology and Speech Pathology, in GS Chapter 93B. States the purpose and objectives of the Interstate Compact for Audiology and Speech Pathology (Compact), and sets forth 24 defined terms. Grants audiologists and speech-language pathologists the privilege to practice in Compact states, subject to the requirements and restrictions provided in the Compact. Requires states to use procedures for considering criminal history records for initial privileges, including fingerprinting or similar biometric-based procedures to obtain criminal history records from the FBI and the respective state's criminal history database. Details further requirements of states regarding criminal background checks of applicants. Describes detailed procedures remote states must follow upon receiving applications for privileges to practice, including distinct requirements for audiologist and speech-language pathologists. Establishes that the privilege to practice is derived from the home state license, and provides for the jurisdiction of the remote member state in regards to practicing laws and licensure. Authorizes member states to charge a fee for granting a compact privilege. 

Sets forth seven qualifications audiologist and pathologists must be to exercise the compact privilege, including holding an active license in the home state, having no encumbrance on any state license, having not had any adverse action against any license or compact privilege within the preceding two years, payment of applicable fees, and notifying the Audiology and Speech-language Pathology Compact Commission of compact privilege application and non-member state adverse action. Limits audiologists and pathologists to one home state license at a time and provides for privilege validity until expiration of the home state license. Sets forth detailed parameters regarding application and practice in remote member states. Allows remote state regulatory authorities to remove a compact privilege, impose fines, and take other adverse actions. Also authorizes remote states to issue subpoenas for hearings and investigations. Restricts authority to take adverse action against a license issued by the home state to the home state. Mandates loss of privilege in any remote state if a home state license is encumbered until the home state license is no longer encumbered and two years have elapsed from the date of the adverse action, subject to initial privilege requirements. Requires member states to recognize the privilege to practice by telehealth. Provides for active duty military personnel and their spouses' home state designation. Establishes parameters for adverse actions, investigations, and required notifications.

Establishes the Audiology and Speech-Language Pathology Compact Commission (Commission) as a joint public agency created by member states. Provides for Commission membership, voting, meetings, powers and duties, executive committee, financing, recordkeeping, and member qualified immunity, defense, and indemnification. Among the 19 powers and duties charged of the Committee, includes prosecuting legal proceedings and actions, and the acquisition and disposal of property. Requires the Commission to provide for the development, maintenance and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in members states. Provides for reporting, access, and removal of specified information by member states. Provides for Commission rulemaking procedures and effect, as well as member state rejection of a Commission rule. Details dispute resolution procedures between member states and Compact enforcement. 

Provides for the Compact to become effective upon enactment in the 10th member state. Details initial Commission powers, effect of Commission rules on joining states, member withdrawal procedures, and Compact amendment parameters. 

Deems the provisions of the Compact severable and advises on its construction and effect on other laws. 

Changes the act's titles.

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