Read the full stored bill text
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2357
Sponsored by Representative MCLAIN (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes this state join a compact to let occupational therapists from other states
work in this state. The Act also makes this state join a compact to let audiologists and speech-
language pathologists from other states work in this state. (Flesch Readability Score: 60.1).
Enacts the interstate Occupational Therapy Licensure Compact. Permits the Occupational
Therapy Licensure Board to disclose specified information to the Occupational Therapy Compact
Commission. Exempts individuals authorized to work as occupational therapists or occupational
therapy assistants under compact privilege from the requirement to obtain a license from the board
and from restrictions on the use of titles. Allows the board to use moneys to meet financial obli-
gations imposed on the State of Oregon as a result of participation in the compact.
Enacts the Audiology and Speech-Language Pathology Interstate Compact. Permits the State
Board of Examiners of Speech-Language Pathology and Audiology to disclose specified information
to the Audiology and Speech-Language Pathology Compact Commission. Exempts individuals prac-
ticing audiology or speech-language pathology under the compact from the requirement to obtain a
license from the board. Allows the board to use moneys to meet financial obligations imposed on this
state as a result of participation in the compact.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to health care professional interstate compacts; creating new provisions; amending ORS
675.220, 675.222, 675.330, 676.177, 681.230, 681.250 and 681.480.
Be It Enacted by the People of the State of Oregon:
OCCUPATIONAL THERAPY LICENSURE COMPACT
SECTION 1.
The provisions of the Occupational Therapy Licensure Compact are as fol-
lows:
OCCUPATIONAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of occupational therapy
with the goal of improving public access to occupational therapy services. The practice of
occupational therapy occurs in the state where the patient or client is located at the time
of the patient or client encounter. This Compact preserves the regulatory authority of states
to protect public health and safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to occupational therapy services by providing for the mutual
recognition of other member state licenses;
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 969
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
B. Enhance the states’ ability to protect the public’s health and safety;
C. Encourage the cooperation of member states in regulating multistate occupational
therapy practice;
D. Support spouses of relocating military members;
E. Enhance the exchange of licensure, investigative and disciplinary information between
member states;
F. Allow a remote state to hold a provider of services with a compact privilege in that
state accountable to that state’s practice standards; and
G. Facilitate the use of telehealth technology in order to increase access to occupational
therapy services.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall
apply:
A. “Active duty military” means full-time duty status in the active uniformed service of
the United States, including members of the National Guard and Reserve on active duty or-
ders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
B. “Adverse action” means any administrative, civil, equitable or criminal action per-
mitted by a state’s laws which is imposed by a licensing board or other authority against an
occupational therapist or occupational therapy assistant, including actions against an
individual’s license or compact privilege such as censure, revocation, suspension, probation
or monitoring of the licensee or restriction on the licensee’s practice.
C. “Alternative program” means a nondisciplinary monitoring process approved by an
occupational therapy licensing board.
D. “Compact privilege” means the authorization, which is equivalent to a license, granted
by a remote state to allow a licensee from another member state to practice as an occupa-
tional therapist or practice as an occupational therapy assistant in the remote state under
its laws and rules. The practice of occupational therapy occurs in the member state where
the patient or client is located at the time of the patient or client encounter.
E. “Continuing competence or education” means a requirement, as a condition of license
renewal, to provide evidence of participation in, and/or completion of, educational and pro-
fessional activities relevant to practice or area of work.
F. “Current significant investigative information” means investigative information that
a licensing board, after an inquiry or investigation that includes notification and an oppor-
tunity for the occupational therapist or occupational therapy assistant to respond, if required
by state law, has reason to believe is not groundless and, if proved true, would indicate more
than a minor infraction.
G. “Data system” means a repository of information about licensees, including but not
limited to license status, investigative information, Compact privileges and adverse actions.
H. “Encumbered license” means a license in which an adverse action restricts the prac-
tice of occupational therapy by the licensee or said adverse action has been reported to the
National Practitioner Data Bank.
I. “Executive committee” means a group of directors elected or appointed to act on be-
half of, and within the powers granted to them by, the Commission.
J. “Home state” means the member state that is the licensee’s primary state of resi-
dence.
[2]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
K. “Investigative information” means information, records and/or documents received
or generated by an occupational therapy licensing board pursuant to an investigation.
L. “Jurisprudence requirement” means the assessment of an individual’s knowledge of
the laws and rules governing the practice of occupational therapy in a state.
M. “Licensee” means an individual who currently holds an authorization from the state
to practice as an occupational therapist or as an occupational therapy assistant.
N. “Member state” means a state that has enacted the Compact.
O. “Occupational therapist” means an individual who is licensed by a state to practice
occupational therapy.
P. “Occupational therapy,” “occupational therapy practice” and the “practice of occupa-
tional therapy” mean the care and services provided by an occupational therapist or an oc-
cupational therapy assistant as set forth in the member state’s statutes and regulations.
“Occupational therapy” also has the meaning given the term in ORS 675.210.
Q. “Occupational therapy assistant” means an individual who is licensed by a state to
assist in the practice of occupational therapy.
R. “Occupational Therapy Compact Commission” or “Commission” means the national
administrative body whose membership consists of all states that have enacted this Compact.
S. “Occupational therapy licensing board” or “licensing board” means the agency of a
state that is authorized to license and regulate occupational therapists and occupational
therapy assistants.
T. “Primary state of residence” means the state (also known as the home state) in which
an occupational therapist or occupational therapy assistant who is not active duty military
declares a primary residence for legal purposes as verified by: driver’s license, federal in-
come tax return, lease, deed, mortgage or voter registration or other verifying documenta-
tion as further defined by Commission rules.
U. “Remote state” means a member state other than the home state where a licensee is
exercising or seeking to exercise the Compact privilege.
V. “Rule” means a regulation promulgated by the Commission that has the force of law.
W. “Single-state license” means an occupational therapist or occupational therapy as-
sistant license issued by a member state that authorizes practice only within the issuing
state and does not include a Compact privilege in any other member state.
X. “State” means any state, commonwealth, district or territory of the United States of
America that regulates the practice of occupational therapy.
Y. “Telehealth” means the application of telecommunication technology to deliver occu-
pational therapy services for assessment, intervention and/or consultation.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in this Compact, a member state shall:
1. License occupational therapists and occupational therapy assistants;
2. Participate fully in the Commission’s data system, including but not limited to using
the Commission’s unique identifier as defined in rules of the Commission;
3. Have a mechanism in place for receiving and investigating complaints about licensees;
4. Notify the Commission, in compliance with the terms of this Compact and rules, of any
adverse action or the availability of investigative information regarding a licensee;
5. Implement or utilize procedures for considering the criminal history records of appli-
cants for an initial compact privilege. These procedures shall include the submission of fin-
[3]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
gerprints 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 shall, within a time frame established by the Commission, require a
criminal background check for a licensee seeking or applying for a compact privilege whose
primary state of residence is that member state by receiving the results of the Federal Bu-
reau of Investigation criminal record search and shall use the results in making licensure
decisions.
b. Communication between a member state and the Commission and among member
states regarding the verification of eligibility for licensure through this Compact shall not
include any information received from the Federal Bureau of Investigation relating to a
federal criminal records check performed by a member state under Public Law 92-544;
6. Comply with the rules of the Commission;
7. Utilize only a recognized national examination as a requirement for licensure pursuant
to the rules of the Commission; and
8. Have continuing competence or education requirements as a condition for license re-
newal.
B. A member state shall grant the Compact privilege to a licensee holding a valid unen-
cumbered license in another member state in accordance with the terms of this Compact and
rules.
C. Member states may charge a fee for granting a Compact privilege.
D. A member state shall provide for the state’s delegate to attend all Occupational
Therapy Compact Commission meetings.
E. Individuals not residing in a member state shall continue to be able to apply for a
member state’s single-state license as provided under the laws of each member state. How-
ever, the single-state license granted to these individuals shall not be recognized as granting
the Compact privilege in any other member state.
F. Nothing in this Compact shall affect the requirements established by a member state
for the issuance of a single-state license.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the Compact privilege under the terms and provisions of this Compact,
the licensee shall:
1. Hold a license in the home state;
2. Have a valid United States Social Security Number or National Provider Identification
number;
3. Have no encumbrance on any state license;
4. Be eligible for a Compact privilege in any member state in accordance with Sections
4D, F, G, and H of this Compact;
5. Have paid all fines and completed all requirements resulting from any adverse action
against any license or Compact privilege, and two years have elapsed from the date of such
completion;
6. Notify the Commission that the licensee is seeking the Compact privilege within a re-
mote state;
7. Pay any applicable fees, including any state fee, for the Compact privilege;
8. Complete a criminal background check in accordance with Section 3A.5 of this Com-
[4]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
pact. The licensee shall be responsible for the payment of any fee associated with the com-
pletion of a criminal background check;
9. Meet any jurisprudence requirements established by the remote state in which the
licensee is seeking a compact privilege; and
10. Report to the Commission adverse action taken by any nonmember state within 30
days from the date the adverse action is taken.
B. The Compact privilege is valid until the expiration date of the home state license. The
licensee must comply with the requirements of Section 4A of this Compact to maintain the
Compact privilege in the remote state.
C. A licensee providing occupational therapy in a remote state under the Compact privi-
lege shall function within the laws and regulations of the remote state.
D. Occupational therapy assistants practicing in a remote state shall be supervised by
an occupational therapist licensed or holding a Compact privilege in that remote state.
E. A licensee providing occupational therapy 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 of time,
impose fines and/or take any other necessary actions to protect the health and safety of its
citizens. The licensee may be ineligible for a Compact privilege in any state until the specific
time for removal has passed and all fines are paid.
F. If a home state license is encumbered, the licensee shall lose the Compact privilege
in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date on which the home state license is no longer
encumbered in accordance with Section 4F.1 of this Compact.
G. Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of Section 4A of this Compact to obtain a Compact
privilege in any remote state.
H. If a licensee’s Compact privilege in any remote state is removed, the individual may
lose the Compact privilege in any other remote state until the following occur:
1. The specific period of time for which the compact privilege was removed has ended;
2. All fines have been paid and all conditions have been met;
3. Two years have elapsed from the date of completing requirements set forth in Section
4H.1 and 2 of this Compact; and
4. The compact privileges are reinstated by the Commission and the Compact data sys-
tem is updated to reflect reinstatement.
I. If a licensee’s Compact privilege in any remote state is removed due to an erroneous
charge, privileges shall be restored through the Compact data system.
J. Once the requirements of Section 4H of this Compact have been met, the licensee must
meet the requirements in Section 4A of this Compact to obtain a Compact privilege in a re-
mote state.
SECTION 5. An occupational therapist or occupational therapy assistant may hold a
home state license which allows for Compact privileges in member states in only one member
state at a time.
B. If an occupational therapist or occupational therapy assistant changes primary state
of residence by moving between two member states:
[5]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
1. The occupational therapist or occupational therapy assistant shall file an application
for obtaining a new home state license by virtue of a compact privilege, pay all applicable
fees and notify the current and new home state in accordance with applicable rules adopted
by the Commission.
2. Upon receipt of an application for obtaining a new home state license by virtue of
Compact privilege, the new home state shall verify that the occupational therapist or occu-
pational therapy assistant meets the pertinent criteria outlined in Section 4 of this Compact
via the data system without need for primary source verification except for:
a. An FBI fingerprint based criminal background check if not previously performed or
updated pursuant to applicable rules adopted by the Commission in accordance with Public
Law92-544;
b. Other criminal background check as required by the new home state; and
c. Submission of any requisite jurisprudence requirements of the new home state.
3. The former home state shall convert the former home state license into a Compact
privilege once the new home state has activated the new home state license in accordance
with applicable rules adopted by the Commission.
4. Notwithstanding any other provision of this Compact, if the occupational therapist or
occupational therapy assistant cannot meet the criteria in Section 4 of this Compact, the
new home state shall apply its requirements for issuing a new single-state license.
5. The occupational therapist or the occupational therapy assistant shall pay all applica-
ble fees to the new home state in order to be issued a new home state license.
C. If an occupational therapist or occupational therapy assistant changes primary state
of residence by moving from a member state to a nonmember state, or from a nonmember
state to a member state, the state criteria shall apply for issuance of a single-state license
in the new state.
D. Nothing in this Compact shall interfere with a licensee’s ability to hold a single-state
license in multiple states. However, for the purposes of this Compact, a licensee shall have
only one home state license.
E. Nothing in this Compact shall affect the requirements established by a member state
for the issuance of a single-state license.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A. Active duty military personnel, or their spouses, shall designate a home state where
the individual has a current license in good standing. The individual may retain the home
state designation during the period the service member is on active duty. Subsequent to
designating a home state, the individual shall only change their home state through appli-
cation for licensure in the new state or through the process described in Section 5 of this
Compact.
SECTION 7. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse action against an occupa-
tional therapist’s or occupational therapy assistant’s license issued by the home state.
B. In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to:
1. Take adverse action against an occupational therapist’s or occupational therapy
assistant’s Compact privilege within that member state.
2. Issue subpoenas for both hearings and investigations that require the attendance and
[6]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing
board in a member state for the attendance and testimony of witnesses or the production
of evidence from another member state shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing authority shall pay any wit-
ness fees, travel expenses, mileage and other fees required by the service statutes of the
state in which the witnesses or evidence are located.
C. For purposes of taking adverse action, the home state shall give the same priority and
effect to reported conduct received from a member state as it would if the conduct had oc-
curred within the home state. In so doing, the home state shall apply its own state laws to
determine appropriate action.
D. The home state shall complete any pending investigations of an occupational therapist
or occupational therapy assistant who changes primary state of residence during the course
of the investigations. The home state, where the investigations were initiated, shall also have
the authority to take appropriate action and shall promptly report the conclusions of the
investigations to the Occupational Therapy Compact Commission data system. The data
system administrator shall promptly notify the new home state of any adverse actions.
E. A member state, if otherwise permitted by state law, may recover from the affected
occupational therapist or occupational therapy assistant the costs of investigations and dis-
position of cases resulting from any adverse action taken against that occupational therapist
or occupational therapy assistant.
F. A member state may take adverse action based on the factual findings of the remote
state, provided that the member state follows its own procedures for taking the adverse
action.
G. Joint Investigations
1. In addition to the authority granted to a member state by its respective state occu-
pational therapy laws and regulations or other applicable state law, any member state may
participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation or compliance materials in
furtherance of any joint or individual investigation initiated under this Compact.
H. If an adverse action is taken by the home state against an occupational therapist’s
or occupational therapy assistant’s license, the occupational therapist’s or occupational
therapy assistant’s Compact privilege in all other member states shall be deactivated until
all encumbrances have been removed from the state license. All home state disciplinary or-
ders that impose adverse action against an occupational therapist’s or occupational therapy
assistant’s license shall include a statement that the occupational therapist’s or occupational
therapy assistant’s compact privilege is deactivated in all member states during the
pendency of the order.
I. If a member state takes adverse action, it shall promptly notify the administrator of
the data system. The administrator of the data system shall promptly notify the home state
of any adverse actions by remote states.
J. Nothing in this Compact shall override a member state’s decision that participation in
an alternative program may be used in lieu of adverse action.
SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COM-
MISSION.
[7]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
A. The Compact member states hereby create and establish a joint public agency known
as the Occupational Therapy Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal office of the
Commission is located. The Commission may waive venue and jurisdictional defenses to the
extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting and Meetings
1. Each member state shall have and be limited to one delegate selected by that member
state’s licensing board.
2. The delegate shall be either:
a. A current member of the licensing board who is an occupational therapist, occupa-
tional therapy assistant or public member; or
b. An administrator of the licensing board.
3. Any delegate may be removed or suspended from office as provided by the law of the
state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring in the Commission within 90
days.
5. Each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the business
and affairs of the Commission. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by
telephone or other means of communication.
6. The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
7. The Commission shall establish by rule a term of office for delegates.
C. The Commission shall have the following powers and duties:
1. Establish a code of ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this Compact and
the bylaws;
6. Promulgate uniform rules to facilitate and coordinate implementation and adminis-
tration of this Compact. Subject to Section 10A.2 of this Compact, the rules shall have the
force and effect of law and shall be binding in all member states;
7. Bring and prosecute legal proceedings or actions in the name of the Commission,
provided that the standing of any state occupational therapy licensing board to sue or be
sued under applicable law shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept or contract for services of personnel, including, but not limited to,
employees of a member state;
10. Hire employees, elect or appoint officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of the Compact and establish the
[8]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Commission’s personnel policies and programs relating to conflicts of interest, qualifications
of personnel and other related personnel matters;
11. Accept any and all appropriate donations and grants of money, equipment, supplies,
materials and services and receive, utilize and dispose of the same, provided that at all times
the Commission shall avoid any appearance of impropriety and/or conflict of interest;
12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve or use any property, real, personal or mixed, provided that at all times the Com-
mission shall avoid any appearance of impropriety;
13. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any
property real, personal or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, consumer representatives and such
other interested persons as may be designated in this Compact and the bylaws;
17. Provide information to and receive information from, and cooperate with, law
enforcement agencies;
18. Establish and elect an executive committee; and
19. Perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact consistent with the state regulation of occupational therapy
licensure and practice.
D. The Executive Committee
The executive committee shall have the power to act on behalf of the Commission ac-
cording to the terms of this Compact.
1. The executive committee shall be composed of nine members:
a. Seven voting members who are elected by the Commission from the current member-
ship of the Commission;
b. One ex-officio, nonvoting member from a recognized national occupational therapy
professional association; and
c. One ex-officio, nonvoting member from a recognized national occupational therapy
certification organization.
2. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the executive committee as provided in
bylaws.
4. The executive committee shall meet at least annually.
5. The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws, changes to this
Compact legislation, fees paid by Compact member states such as annual dues and any
Compact fee charged to licensees for the Compact privilege;
b. Ensure Compact administration services are appropriately provided, contractual or
otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance reports to the
Commission;
[9]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
f. Establish additional committees as necessary; and
g. Perform other duties as provided in rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings shall be given
in the same manner as required under the rulemaking provisions in Section 10 of this Com-
pact.
2. The Commission or the executive committee or other committees of the Commission
may convene in a closed, nonpublic meeting if the Commission or executive committee or
other committees of the Commission must discuss:
a. Noncompliance of a member state with its obligations under this Compact;
b. The employment, compensation, discipline or other matters, practices or procedures
related to specific employees or other matters related to the Commission’s internal person-
nel practices and procedures;
c. Current, threatened or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease or sale of goods, services or real es-
tate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility of investi-
gation or determination of compliance issues pursuant to this Compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
Commission’s legal counsel or designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all matters dis-
cussed in a meeting and shall provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed. All documents considered
in connection with an action shall be identified in such minutes. All minutes and documents
of a closed meeting shall remain under seal, subject to release by a majority vote of the
Commission or order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations and
grants of money, equipment, supplies, materials and services.
3.a. The Commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount sufficient to cover its annual
budget as approved by the Commission each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be allocated based upon a formula
[10]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
to be determined by the Commission, which shall promulgate a rule binding upon all member
states.
b. An assessment levied, or any other financial obligation imposed, under this Compact
is effective against the State of Oregon only to the extent that moneys necessary to pay the
assessment or meet the financial obligation have been deposited in the Occupational Therapy
Licensing Board Account established under ORS 675.330.
4. The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same, nor shall the Commission pledge the credit of any of the member
states, except by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or licensed public account-
ant, and the report of the audit shall be included in and become part of the annual report
of the Commission.
G. Qualified Immunity, Defense and Indemnification
1. The members, officers, executive director, employees and representatives of the Com-
mission shall be immune from suit and liability, either personally or in their official capacity,
for any claim for damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or omission that occurred, or that
the person against whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or responsibilities; provided that nothing
in this paragraph shall be construed to protect any such person from suit and/or liability for
any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct
of that person.
2. The Commission shall defend any member, officer, executive director, employee or
representative of the Commission in any civil action seeking to impose liability arising out
of any actual or alleged act, error or omission that occurred within the scope of Commission
employment, duties or responsibilities, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of Commission employment,
duties or responsibilities, provided that nothing herein shall be construed to prohibit that
person from retaining his or her own counsel, and provided further, that the actual or al-
leged act, error or omission did not result from that person’s intentional or willful or wanton
misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive di-
rector, employee or representative of the Commission for the amount of any settlement or
judgment obtained against that person arising out of any actual or alleged act, error or
omission that occurred within the scope of Commission employment, duties or responsibil-
ities, or that such person had a reasonable basis for believing occurred within the scope of
Commission employment, duties or responsibilities, provided that the actual or alleged act,
error or omission did not result from the intentional or willful or wanton misconduct of that
person.
SECTION 9. DATA SYSTEM
A. The Commission shall provide for the development, maintenance and utilization of a
coordinated database and reporting system containing licensure, adverse action and investi-
[11]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
gative information on all licensed individuals in member states.
B. A member state shall submit a uniform data set to the data system on all individuals
to whom this Compact is applicable (utilizing a unique identifier) as required by the rules of
the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or Compact privilege;
4. Nonconfidential information related to alternative program participation;
5. Any denial of application for licensure and the reasons for such denial;
6. Other information that may facilitate the administration of this Compact, as deter-
mined by the rules of the Commission; and
7. Current significant investigative information.
C. Current significant investigative information and other investigative information per-
taining to a licensee in any member state will only be available to other member states.
D. The Commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. Adverse action information per-
taining to a licensee in any member state will be available to any other member state.
E. Member states contributing information to the data system may designate informa-
tion that may not be shared with the public without the express permission of the contrib-
uting state.
F. Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information shall be removed
from the data system.
SECTION 10. RULEMAKING
A.1. The Commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this section and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
2. Notwithstanding Section 10A.1 of this Compact, the Occupational Therapy Licensing
Board shall review the rules of the Commission. The board may approve and adopt the rules
of the Commission as rules of the board. The State of Oregon is subject to a rule of the
Commission only if the rule of the Commission is adopted by the board.
B. The Commission shall promulgate reasonable rules in order to effectively and effi-
ciently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the
Commission exercises its rulemaking authority in a manner that is beyond the scope of the
purposes of this Compact, or the powers granted hereunder, then such an action by the
Commission shall be invalid and have no force and effect.
C. If a majority of the legislatures of the member states rejects a rule by enactment of
a statute or resolution in the same manner used to adopt this Compact within four years
of the date of adoption of the rule, then such rule shall have no further force and effect in
any member state.
D. Rules or amendments to the rules shall be adopted at a regular or special meeting of
the Commission.
E. Prior to promulgation and adoption of a final rule or rules by the Commission, and
at least 30 days in advance of the meeting at which the rule will be considered and voted
upon, the Commission shall file a notice of proposed rulemaking:
[12]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
1. On the website of the Commission or other publicly accessible platform; and
2. On the website of each member state occupational therapy licensing board or other
publicly accessible platform or the publication in which each state would otherwise publish
proposedrules.
F. The notice of proposed rulemaking shall include:
1. The proposed time, date and location of the meeting in which the rule will be consid-
ered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their
intention to attend the public hearing and any written comments.
G. Prior to adoption of a proposed rule, the Commission shall allow persons to submit
written data, facts, opinions and arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public hearing before it adopts a rule
or amendment if a hearing is requested by:
1. At least 25 persons;
2. A state or federal governmental subdivision or agency; or
3. An association or organization having at least 25 members.
I. If a hearing is held on the proposed rule or amendment, the Commission shall publish
the place, time and date of the scheduled public hearing. If the hearing is held via electronic
means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of
the Commission or other designated member in writing of their desire to appear and testify
at the hearing not less than five business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to com-
ment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made available on re-
quest.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule.
Rules may be grouped for the convenience of the Commission at hearings required by this
section.
J. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the Commission shall consider all written and oral
comments received.
K. If no written notice of intent to attend the public hearing by interested parties is re-
ceived, the Commission may proceed with promulgation of the proposed rule without a public
hearing.
L. The Commission shall, by majority vote of all members, take final action on the pro-
posed rule and shall determine the effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
M. Upon determination that an emergency exists, the Commission may consider and
adopt an emergency rule without prior notice, opportunity for comment or hearing, provided
that the usual rulemaking procedures provided in this Compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days
after the effective date of the rule. For the purposes of this provision, an emergency rule is
[13]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety or welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the Commission may direct revisions
to a previously adopted rule or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency or grammatical errors. Public notice of any revisions
shall be posted on the website of the Commission. The revision shall be subject to challenge
by any person for a period of 30 days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a rule. A challenge shall be made
in writing and delivered to the chair of the Commission prior to the end of the notice period.
If no challenge is made, the revision will take effect without further action. If the revision
is challenged, the revision may not take effect without the approval of the Commission.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. Oversight
1. The executive, legislative and judicial branches of state government in each member
state shall enforce this Compact and take all actions necessary and appropriate to effectuate
this Compact’s purposes and intent. The provisions of this Compact and the rules
promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of this Compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this Com-
pact which may affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such proceeding,
and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
service of process to the Commission shall render a judgment or order void as to the Com-
mission, this Compact or promulgated rules.
B. Default, Technical Assistance and Termination
1. If the Commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under this Compact or the promulgated rules, the Com-
mission shall:
a. Provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default and/or any other action to be taken
by the Commission; and
b. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated
from this Compact upon an affirmative vote of a majority of the member states, and all
rights, privileges and benefits conferred by this Compact may be terminated on the effective
date of termination. A cure of the default does not relieve the offending state of obligations
or liabilities incurred during the period of default.
3. Termination of membership in this Compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor, the majority and minority leaders of the
defaulting state’s legislature, and each of the member states.
[14]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
4. A state that has been terminated is responsible for all assessments, obligations and
liabilities incurred through the effective date of termination, including obligations that ex-
tend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to be in de-
fault or that has been terminated from this Compact, unless agreed upon in writing between
the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the U.S.
District Court for the District of Columbia or the federal district where the Commission has
its principal offices. The prevailing member shall be awarded all costs of such litigation, in-
cluding reasonable attorney fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt to resolve disputes
related to this Compact that arise among member states and between member and non-
member states.
2. The Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the pro-
visions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States Dis-
trict Court for the District of Columbia or the federal district where the Commission has its
principal offices against a member state in default to enforce compliance with the provisions
of this Compact and its promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of such litigation, including reasonable attorney fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or state law.
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR
OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL AND
AMENDMENT
A. This Compact shall come into effect on the date on which this Compact statute is
enacted into law in the 10th member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the Commission relating to assembly and the
promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking pow-
ers necessary to the implementation and administration of this Compact.
B. Any state that joins this Compact subsequent to the Commission’s initial adoption of
the rules shall be subject to the rules as they exist on the date on which this Compact be-
comes law in that state. Any rule that has been previously adopted by the Commission shall
have the full force and effect of law on the day this Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute repealing
the same.
1. A member state’s withdrawal shall not take effect until six months after enactment
of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s
occupational therapy licensing board to comply with the investigative and adverse action
[15]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
reporting requirements of this Compact prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any
occupational therapy licensure agreement or other cooperative arrangement between a
member state and a nonmember state that does not conflict with the provisions of this
Compact.
E. This Compact may be amended by the member states. No amendment to this Compact
shall become effective and binding upon any member state until it is enacted into the laws
of all member states.
SECTION 13. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this Compact shall be severable and if any phrase, clause, sentence or provision
of this Compact is declared to be contrary to the constitution of any member state or of the
United States or the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this Compact and the applicability thereof to
any government, agency, person or circumstance shall not be affected thereby. If this Com-
pact shall be held contrary to the constitution of any member state, this Compact shall re-
main in full force and effect as to the remaining member states and in full force and effect
as to the member state affected as to all severable matters.
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A licensee providing occupational therapy in a remote state under the compact privi-
lege shall function within the laws and regulations of the remote state.
B. Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with this Compact.
C. Any laws in a member state in conflict with this Compact are superseded to the extent
of the conflict.
D. Any lawful actions of the Commission, including all rules and bylaws promulgated by
the Commission, are binding upon the member states.
E. All agreements between the Commission and the member states are binding in ac-
cordance with their terms.
F. In the event any provision of this Compact exceeds the constitutional limits imposed
on the legislature of any member state, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that member state.
SECTION 2. The Legislative Assembly of the State of Oregon hereby ratifies the Occu-
pational Therapy Licensure Compact set forth in section 1 of this 2025 Act.
SECTION 3. ORS 675.220 is amended to read:
675.220. (1) [ No] A person [ shall] may not practice occupational therapy or purport to be an
occupational therapist or occupational therapy assistant, or as being able to practice occupational
therapy, or to render occupational therapy services, or use the abbreviations designated by the Oc-
cupational Therapy Licensing Board under ORS 675.320 unless the person is licensed in accordance
with ORS 675.210 to 675.340.
(2) ORS 675.210 to 675.340 do not apply to:
(a) Employment as an occupational therapist or occupational therapy assistant in an institution
or an agency of the federal government.
[16]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(b) Persons licensed under any other law of this state to do any acts included in the definition
of occupational therapy in ORS 675.210 or persons working under the direction of any such person.
(c) The practice of occupational therapy which is incidental to the planned program of study for
students enrolled in an occupational therapist or occupational therapy assistant program approved
by the board.
(3) This section does not apply to a person who is authorized to practice as an occupa-
tional therapist or occupational therapy assistant by compact privilege as defined in section
1 of this 2025 Act.
SECTION 4.
ORS 675.222 is amended to read:
675.222. (1) [ No] A person [ shall] may not hire or employ a person to practice as an occupa-
tional therapist or as an occupational therapy assistant unless the person hired or employed is li-
censed in accordance with ORS 675.210 to 675.340.
(2) Subsection (1) of this section does not apply to a person who is authorized to practice
as an occupational therapist or occupational therapy assistant by compact privilege as de-
fined in section 1 of this 2025 Act.
SECTION 5. ORS 675.330 is amended to read:
675.330. (1) The Occupational Therapy Licensing Board Account is established in the State
Treasury, separate and distinct from the General Fund. All moneys received by the Occupational
Therapy Licensing Board under ORS 675.210 to 675.340 shall be deposited into the account and are
continuously appropriated to the board to be used only for the administration and enforcement of
ORS 675.210 to 675.340, 675.990 (2), 676.850 and 676.860 and for the purpose of meeting the fi-
nancial obligations imposed on the State of Oregon as a result of this state’s participation
in the Occupational Therapy Licensure Compact described in section 1 of this 2025 Act . Any
interest or other income from moneys in the account shall be credited to the account.
(2) All civil penalties collected or received for violations of or in prosecutions under ORS
675.210 to 675.340 shall be deposited into the [ Occupational Therapy Licensing Board ] account and
shall be used only for the administration and enforcement of ORS 675.210 to 675.340.
SECTION 6.
(1) The amendments to ORS 675.220 and 675.222 by sections 3 and 4 of this
2025 Act apply to individuals authorized to work as occupational therapists or occupational
therapy assistants by compact privilege on and after the operative date specified in section
7 of this 2025 Act.
(2) The amendments to ORS 675.330 by section 5 of this 2025 Act apply to moneys received
by the Occupational Therapy Licensing Board on and after the operative date specified in
section 7 of this 2025 Act.
SECTION 7. (1) Sections 1 and 2 of this 2025 Act and the amendments to ORS 675.220,
675.222 and 675.330 by sections 3 to 5 of this 2025 Act become operative on January 1, 2026.
(2) The Occupational Therapy Licensing Board may take any action before the operative
date specified in subsection (1) of this section that is necessary to enable the board to exer-
cise, on and after the operative date specified in subsection (1) of this section, all of the du-
ties, functions and powers conferred on the board by sections 1 and 2 of this 2025 Act and
the amendments to ORS 675.220, 675.222 and 675.330 by sections 3 to 5 of this 2025 Act.
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
SECTION 8. The provisions of the Audiology and Speech-Language Pathology Interstate
[17]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Compact are as follows:
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of audiology and speech-
language pathology with the goal of improving public access to audiology and speech-
language pathology services. The practice of audiology and speech-language pathology occurs
in the state where the patient, client or student is located at the time of the patient, client
or student encounter. This Compact preserves the regulatory authority of states to protect
public health and safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to audiology and speech-language pathology services by pro-
viding for the mutual recognition of other member state licenses;
B. Enhance the states’ ability to protect the public’s health and safety;
C. Encourage the cooperation of member states in regulating multistate audiology and
speech-language pathology practice;
D. Support spouses of relocating active duty military personnel;
E. Enhance the exchange of licensure, investigative and disciplinary information between
member states;
F. Allow a remote state to hold a provider of services with a Compact privilege in that
state accountable to that state’s practice standards; and
G. Allow for the use of telehealth technology to facilitate increased access to audiology
and speech-language pathology services.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall
apply:
A. “Active duty military” means full-time duty status in the active uniformed service of
the United States, including members of the National Guard and Reserve on active duty or-
ders pursuant to 10 U.S.C. chapters 1209 and 1211.
B. “Adverse action” means any administrative, civil, equitable or criminal action per-
mitted by a state’s laws which 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.
C. “Alternative program” means a nondisciplinary monitoring process approved by an
audiology or speech-language pathology licensing board to address impaired practitioners.
D. “Audiologist” means an individual who is licensed by a state to practice audiology.
E. “Audiology” means the care and services provided by a licensed audiologist as set
forth in the member state’s statutes and rules.
F. “Audiology and Speech-Language Pathology Compact Commission” or “Commission”
means the national administrative body whose membership consists of all states that have
enacted this Compact.
G. “Audiology and speech-language pathology licensing board,” “audiology licensing
[18]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
board,” “speech-language pathology licensing board,” or “licensing board” means the agency
of a state that is responsible for the licensing and regulation of audiologists or speech-
languagepathologists.
H. “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. The practice of audiology or
speech-language pathology occurs in the member state where the patient, client or student
is located at the time of the patient, client or student encounter.
I. “Data system” means a repository of information about licensees including, but not
limited to, information related to continuing education, examination, licensure, investigation,
Compact privilege and adverse action.
J. “Encumbered license” means a license in which an adverse action restricts the prac-
tice of audiology or speech-language pathology by the licensee and said adverse action has
been reported to the National Practitioner Data Bank (NPDB).
K. “Executive committee” means a group of directors elected or appointed to act on be-
half of, and within the powers granted to them by, the Commission.
L. “Home state” means the member state that is the licensee’s primary state of resi-
dence.
M. “Impaired practitioner” means an individual whose professional practice is adversely
affected by substance abuse, addiction or other health-related conditions.
N. “Investigative information” means investigative information that a licensing board,
after an inquiry or investigation that includes notification and an opportunity for the
audiologist or speech-language pathologist to respond, if required by state law, has reason
to believe is not groundless and, if proved true, would indicate more than a minor infraction.
O. “Licensee” means an individual who currently holds an authorization from the state
licensing board to practice as an audiologist or speech-language pathologist.
P. “Member state” means a state that has enacted this Compact.
Q. “Privilege to practice” means a legal authorization permitting the practice of
audiology or speech-language pathology in a remote state.
R. “Remote state” means a member state other than the home state where a licensee is
exercising or seeking to exercise the Compact privilege.
S. “Rule” means a regulation, principle or directive promulgated by the Commission that
has the force of law.
T. “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.
U. “Speech-language pathologist” means an individual who is licensed by a state to
practice speech-language pathology.
V. “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.
W. “State” means any state, commonwealth, district or territory of the United States
that regulates the practice of audiology and speech-language pathology.
X. “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 disci-
[19]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
pline.
Y. “Telehealth” means the application of telecommunication technology to deliver
audiology or speech-language pathology services at a distance for assessment, intervention
or consultation.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. A license issued to an audiologist or speech-language pathologist by a home state to
a resident in that state shall be recognized by each member 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.
B. A state must implement or utilize procedures for considering the criminal history
records of applicants for initial privilege to practice. These procedures shall include the
submission of fingerprints or other biometric information by applicants for the purpose of
obtaining an applicant’s criminal history record information from the Federal Bureau of In-
vestigation and the agency responsible for retaining that state’s criminal records.
1. 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 use the results in making
licensure decisions.
2. Communication between a member state, the Commission and among member states
regarding the verification of eligibility for licensure through this Compact shall not include
any information received from the Federal Bureau of Investigation relating to a federal
criminal records check performed by a member state under P.L. 92-544.
C. 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.
D. Each 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.
E. An applicant who qualifies for a privilege to practice as an audiologist:
1. Must meet one of the following educational requirements:
a. On or before December 31, 2007, has 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;
b. On or after January 1, 2008, has graduated with a doctoral degree in audiology, or
equivalent degree, regardless of degree name, from a program that is accredited by an ac-
crediting agency recognized by the Council for Higher Education Accreditation, or its suc-
cessor, 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
c. Has graduated from an audiology program that is housed in an institution of higher
[20]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
education outside of the United States for which (a) the program and institution have been
approved by the authorized accrediting body in the applicable country and (b) the degree
program has been verified by an independent credentials review agency to be comparable to
a state licensing board-approved program;
2. Has completed a supervised clinical practicum experience from an accredited educa-
tional institution or its cooperating programs as required by the Commission;
3. Has successfully passed a national examination approved by the Commission;
4. Holds an active, unencumbered license;
5. Has not been convicted or found guilty, and has not entered into an agreed disposition,
of a felony related to the practice of audiology, under applicable state or federal criminal law;
and
6. Has a valid United States Social Security or National Provider Identifier number.
F. An applicant who qualifies for a privilege to practice as a speech-language pathologist:
1. Must meet one of the following educational requirements:
a. Has 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 or-
ganization recognized by the board; or
b. Has graduated from a speech-language pathology program that is housed in an insti-
tution of higher education outside of the United States for which (a) the program and insti-
tution have been approved by the authorized accrediting body in the applicable country and
(b) the degree program has been verified by an independent credentials review agency to be
comparable to a state licensing board-approved program;
2. Has completed a supervised clinical practicum experience from an educational institu-
tion or its cooperating programs as required by the Commission;
3. Has completed a supervised postgraduate professional experience as required by the
Commission;
4. Has successfully passed a national examination approved by the Commission;
5. Holds an active, unencumbered license;
6. Has not been convicted or found guilty, and has 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
7. Has a valid United States Social Security or National Provider Identifier number.
G. The privilege to practice is derived from the home state license.
H. 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 shall 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 shall subject 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.
I. Individuals not residing in a member state shall continue to be able to apply for a
member state’s single-state license as provided under the laws of each member state. How-
ever, the single-state license granted to these individuals shall not be recognized as granting
[21]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
the privilege to practice audiology or speech-language pathology in any other member state.
Nothing in this Compact shall affect the requirements established by a member state for the
issuance of a single-state license.
J. Member states may charge a fee for granting a compact privilege.
K. Member states must comply with the bylaws and rules and regulations of the Com-
mission.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the Compact privilege under the terms and provisions of this Compact,
the audiologist or speech-language pathologist shall:
1. Hold an active license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state in accordance with Section 3
of this Compact;
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 re-
mote state;
6. Pay any applicable fees, including any state fee, for the compact privilege; and
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 hold only one home state license at a time.
C. Except as provided in Section 6 of this Compact, 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 ap-
plicable 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 Section 4A of this Compact 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
[22]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
a specific period of time, impose fines and 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 the following occur:
1. The home state license is no longer encumbered; and
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 Section 4A of this Compact to obtain a Compact
privilege in any remote state.
L. Once the requirements of Section 4J of this Compact have been met, the licensee must
meet the requirements in Section 4A of this Compact to obtain a compact privilege in a re-
mote state.
SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
Member states shall recognize the right of an audiologist or speech-language pathologist,
licensed by a home state in accordance with Section 3 of this Compact and under rules
promulgated by the Commission, to practice audiology or speech-language pathology in any
member state via telehealth under a privilege to practice as provided in this Compact and
rules promulgated by the Commission.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active duty military personnel, or their spouse, shall designate a home state where the
individual has a current license in good standing. The individual may retain the home state
designation during the period the service member is on active duty. Subsequent to desig-
nating a home state, the individual shall change their home state only through application
for licensure in the new state.
SECTION 7. ADVERSE ACTIONS
A. In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to:
1. Take adverse action against an audiologist’s or speech-language pathologist’s privilege
to practice within that member state.
2. Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing
board in a member state for the attendance and testimony of witnesses or the production
of evidence from another member state shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing authority shall pay any wit-
ness fees, travel expenses, mileage and other fees required by the service statutes of the
state in which the witnesses or evidence are located.
3. Only the home state shall have the power to take adverse action against a audiologist’s
or speech-language pathologist’s license issued by the home state.
B. For purposes of taking adverse action, the home state shall give the same priority and
effect to reported conduct received from a member state as it would if the conduct had oc-
curred within the home state. In so doing, the home state shall apply its own state laws to
determine appropriate action.
C. The home state shall complete any pending investigations of an audiologist or
speech-language pathologist who changes primary state of residence during the course of the
[23]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
investigations. The home state shall also have the authority to take appropriate actions and
shall promptly report the conclusions of the investigations to the administrator of the data
system. The administrator of the coordinated licensure information system shall promptly
notify the new home state of any adverse actions.
D. If otherwise permitted by state law, the member state may recover from the affected
audiologist or speech-language pathologist the costs of investigations and disposition of cases
resulting from any adverse action taken against that audiologist or speech-language
pathologist.
E. The member state may take adverse action based on the factual findings of the remote
state, provided that the member state follows the member state’s own procedures for taking
the adverse action.
F. Joint Investigations
1. In addition to the authority granted to a member state by its respective audiology or
speech-language pathology practice act or other applicable state law, any member state may
participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation or compliance materials in
furtherance of any joint or individual investigation initiated under this Compact.
G. If adverse action is taken by the home state against an audiologist’s or speech-
language pathologist’s license, the audiologist’s or speech-language pathologist’s privilege to
practice in all other member states shall be deactivated until all encumbrances have been
removed from the state license. All home state disciplinary orders that impose adverse
action against an audiologist’s or speech-language pathologist’s license shall include a state-
ment that the audiologist’s or speech-language pathologist’s privilege to practice is deacti-
vated in all member states during the pendency of the order.
H. If a member state takes adverse action, it shall promptly notify the administrator of
the data system. The administrator of the data system shall promptly notify the home state
of any adverse actions by remote states.
I. Nothing in this Compact shall override a member state’s decision that participation in
an alternative program may be used in lieu of adverse action.
SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY COMPACT COMMISSION
A. This Compact member states hereby create and establish a joint public agency known
as the Audiology and Speech-Language Pathology Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal office of the
Commission is located. The Commission may waive venue and jurisdictional defenses to the
extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, voting and meetings
1. Each member state shall have two delegates selected by that member state’s licensing
board. The delegates shall be current members of the licensing board. One shall be an
audiologist and one shall be a speech-language pathologist.
2. An additional five delegates, who are either a public member or board administrator
from a state licensing board, shall be chosen by the executive committee from a pool of
[24]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
nominees provided by the Commission at large.
3. Any delegate may be removed or suspended from office as provided by the law of the
state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring on the Commission, within
90 days.
5. Each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the business
and affairs of the Commission.
6. A delegate shall vote in person or by other means as provided in the bylaws. The by-
laws may provide for delegates’ participation in meetings by telephone or other means of
communication.
7. The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Establish a code of ethics;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take actions as are consistent with the provisions of this Compact and the
bylaws;
6. Promulgate uniform rules to facilitate and coordinate implementation and adminis-
tration of this Compact. Subject to Section 10A.2 of this Compact, the rules shall have the
force and effect of law and shall be binding in all member states;
7. Bring and prosecute legal proceedings or actions in the name of the Commission,
provided that the standing of any state audiology or speech-language pathology licensing
board to sue or be sued under applicable law shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept or contract for services of personnel, including, but not limited to,
employees of a member state;
10. Hire employees, elect or appoint officers, fix compensation, define duties and grant
individuals appropriate authority to carry out the purposes of this Compact, and to establish
the Commission’s personnel policies and programs relating to conflicts of interest, quali-
fications of personnel and other related personnel matters;
11. Accept any and all appropriate donations and grants of money, equipment, supplies,
materials and services, and to receive, utilize and dispose of the same, provided that at all
times the Commission shall avoid any appearance of impropriety and conflict of interest;
12. Lease, purchase or accept appropriate gifts or donations of, or otherwise own, hold,
improve or use, any property, real, personal or mixed, provided that at all times the Com-
mission shall avoid any appearance of impropriety;
13. Sell convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any
property real, personal or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees composed of members, and other
interested persons as may be designated in this Compact and the bylaws;
[25]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
17. Provide and receive information from, and cooperate with, law enforcement agencies;
18. Establish and elect an executive committee; and
19. Perform other functions as may be necessary or appropriate to achieve the purposes
of this Compact consistent with the state regulation of audiology and speech-language
pathology licensure and practice.
D. The Executive Committee
The executive committee shall have the power to act on behalf of the Commission ac-
cording to the terms of this Compact:
1. The executive committee shall be composed of 10 members:
a. Seven voting members who are elected by the Commission from the current member-
ship of the Commission;
b. Two ex-officio members, consisting of one nonvoting member from a recognized na-
tional audiology professional association and one nonvoting member from a recognized na-
tional speech-language pathology association; and
c. One ex-officio, nonvoting member from the recognized membership organization of the
audiology and speech-language pathology licensing boards.
E. The ex-officio members shall be selected by their respective organizations.
1. The Commission may remove any member of the executive committee as provided in
bylaws.
2. The executive committee shall meet at least annually.
3. The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws, changes to this
Compact legislation, fees paid by Compact member states such as annual dues and any
Commission Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are appropriately provided, contractual or
otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance reports to the
Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
4. Meetings of the Commission
All meetings shall be open to the public, and public notice of meetings shall be given in
the same manner as required under the rulemaking provisions in Section 10 of this Compact.
5. The Commission or the executive committee or other committees of the Commission
may convene in a closed, nonpublic meeting if the Commission or executive committee or
other committees of the Commission must discuss:
a. Noncompliance of a member state with its obligations under this Compact;
b. The employment, compensation, discipline or other matters, practices or procedures
related to specific employees or other matters related to the Commission’s internal person-
nel practices and procedures;
c. Current, threatened or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease or sale of goods, services or real es-
tate;
[26]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility of investi-
gation or determination of compliance issues pursuant to this Compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
Commission’s legal counsel or designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision.
7. The Commission shall keep minutes that fully and clearly describe all matters dis-
cussed in a meeting and shall provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed. All documents considered
in connection with an action shall be identified in minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a majority vote of the Com-
mission or order of a court of competent jurisdiction.
8. Financing of the Commission
a. The Commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
b. The Commission may accept any and all appropriate revenue sources, donations and
grants of money, equipment, supplies, materials and services.
c. The Commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount sufficient to cover its annual
budget as approved each year for which revenue is not provided by other sources. The ag-
gregate annual assessment amount shall be allocated based upon a formula to be determined
by the Commission, which shall promulgate a rule binding upon all member states.
9. The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same, nor shall the Commission pledge the credit of any of the member
states, except by and with the authority of the member state.
10. The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or licensed public account-
ant, and the report of the audit shall be included in and become part of the annual report
of the Commission.
11. An assessment levied, or any other financial obligation imposed, under this Compact
is effective against the State of Oregon only to the extent that moneys necessary to pay the
assessment or meet the financial obligation have been deposited in the State Board of Ex-
aminers for Speech-Language Pathology and Audiology Account established under ORS
681.480.
F. Qualified immunity, defense and indemnification
[27]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
1. The members, officers, executive director, employees and representatives of the Com-
mission shall be immune from suit and liability, either personally or in their official capacity,
for any claim for damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or omission that occurred, or that
the person against whom the claim is made had a reasonable basis for believing occurred,
within the scope of Commission employment, duties or responsibilities, provided that nothing
in this paragraph shall be construed to protect any person from suit or liability for any
damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of
that person.
2. The Commission shall defend any member, officer, executive director, employee or
representative of the Commission in any civil action seeking to impose liability arising out
of any actual or alleged act, error or omission that occurred within the scope of Commission
employment, duties or responsibilities, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of Commission employment,
duties or responsibilities, provided that nothing herein shall be construed to prohibit that
person from retaining his or her own counsel, and provided further that the actual or alleged
act, error or omission did not result from that person’s intentional, willful or wanton mis-
conduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive di-
rector, employee or representative of the Commission for the amount of any settlement or
judgment obtained against that person arising out of any actual or alleged act, error or
omission that occurred within the scope of Commission employment, duties or responsibil-
ities, or that a person had a reasonable basis for believing occurred within the scope of
Commission employment, duties or responsibilities, provided that the actual or alleged act,
error or omission did not result from the intentional, willful or wanton misconduct of that
person.
SECTION 9. DATA SYSTEM
A. The Commission shall provide for the development, maintenance and utilization of a
coordinated database and reporting system containing licensure, adverse action and investi-
gative information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary, a member state
shall submit a uniform data set to the data system on all individuals to whom this Compact
is applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Nonconfidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason for denial; and
6. Other information that may facilitate the administration of this Compact, as deter-
mined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any member state shall be avail-
able only to other member states.
D. The Commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. Adverse action information per-
taining to a licensee in any member state shall be available to any other member state.
[28]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
E. Member states contributing information to the data system may designate informa-
tion that may not be shared with the public without the express permission of the contrib-
uting state.
F. Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information shall be removed
from the data system.
SECTION 10. RULEMAKING
A. 1. The Commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this section and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
2. Notwithstanding Section 10A.1 of this Compact, the State Board of Examiners for
Speech-Language Pathology and Audiology shall review the rules of the Commission. The
board may approve and adopt the rules of the Commission as rules of the board. The State
of Oregon is subject to a rule of the Commission only if the rule of the Commission is
adopted by the board.
B. If a majority of the legislatures of the member states rejects a rule, by enactment of
a statute or resolution in the same manner used to adopt this Compact within four years
of the date of adoption of the rule, the rule shall have no further force and effect in any
member state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of
the Commission.
D. Prior to promulgation and adoption of a final rule or rules by the Commission, and
at least 30 days in advance of the meeting at which the rule shall be considered and voted
upon, the Commission shall file a notice of proposed rulemaking:
1. On the website of the Commission or another publicly accessible platform; and
2. On the website of each member state audiology or speech-language pathology licensing
board or another publicly accessible platform or the publication in which each state would
otherwise publish proposed rules.
E. The notice of proposed rulemaking shall include:
1. The proposed time, date and location of the meeting in which the rule shall be con-
sidered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their
intention to attend the public hearing and any written comments.
F. Prior to the adoption of a proposed rule, the Commission shall allow persons to submit
written data, facts, opinions and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it adopts a rule
or amendment if a hearing is requested by:
1. At least 25 persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least 25 members.
H. If a hearing is held on the proposed rule or amendment, the Commission shall publish
the place, time and date of the scheduled public hearing. If the hearing is held via electronic
means, the Commission shall publish the mechanism for access to the electronic hearing.
[29]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
1. All persons wishing to be heard at the hearing shall notify the executive director of
the Commission or other designated member in writing of their desire to appear and testify
at the hearing not less than five business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to com-
ment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording shall be made available on re-
quest.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule.
Rules may be grouped for the convenience of the Commission at hearings required by this
section.
I. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the Commission shall consider all written and oral
comments received.
J. If no written notice of intent to attend the public hearing by interested parties is re-
ceived, the Commission may proceed with promulgation of the proposed rule without a public
hearing.
K. The Commission shall, by majority vote of all members, take final action on the pro-
posed rule and shall determine the effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
L. Upon determination that an emergency exists, the Commission may consider and
adopt an emergency rule without prior notice, opportunity for comment or hearing, provided
that the usual rulemaking procedures provided in this Compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, but in no event later than
90 days after the effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety or welfare;
2. Prevent a loss of Commission or member state funds; or
3. Meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule.
M. The Commission or an authorized committee of the Commission may direct revisions
to a previously adopted rule or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency or grammatical errors. Public notice of any revisions
shall be posted on the website of the Commission. The revision shall be subject to challenge
by any person for a period of 30 days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a rule. A challenge shall be made
in writing and delivered to the chair of the Commission prior to the end of the notice period.
If no challenge is made, the revision shall take effect without further action. If the revision
is challenged, the revision may not take effect without the approval of the Commission.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. Dispute resolution
1. Upon request by a member state, the Commission shall attempt to resolve disputes
related to this Compact that arise among member states and between member and non-
member states.
2. The Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
[30]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
B. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the pro-
visions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States Dis-
trict Court for the District of Columbia or the federal district where the Commission has its
principal offices against a member state in default to enforce compliance with the provisions
of the Compact and its promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of litigation, including reasonable attorney fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or state law.
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED
RULES, WITHDRAWAL AND AMENDMENT
A. This Compact shall come into effect on the date on which this Compact statute is
enacted into law in the 10th member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the Commission relating to assembly and the
promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking pow-
ers necessary to the implementation and administration of this Compact.
B. Any state that joins this Compact subsequent to the Commission’s initial adoption of
the rules shall be subject to the rules as they exist on the date on which this Compact be-
comes law in that state. Any rule that has been previously adopted by the Commission shall
have the full force and effect of law on the day this Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute repealing
the same.
1. A member state’s withdrawal shall not take effect until six months after enactment
of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s
audiology or speech-language pathology licensing board to comply with the investigative and
adverse action reporting requirements of this Compact prior to the effective date of with-
drawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any
audiology or speech-language pathology licensure agreement or other cooperative arrange-
ment between a member state and a nonmember state that does not conflict with the pro-
visions of this Compact.
E. This Compact may be amended by the member states. No amendment to this Compact
shall become effective and binding upon any member state until it is enacted into the laws
of all member states.
SECTION 13. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision
of this Compact is declared to be contrary to the Constitution of any member state or of the
United States or the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this Compact and the applicability thereof to
any government, agency, person or circumstance shall not be affected thereby. If this Com-
[31]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
pact shall be held contrary to the Constitution of any member state, this Compact shall re-
main in full force and effect as to the remaining member states and in full force and effect
as to the member state affected as to all severable matters.
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with this Compact.
B. All laws in a member state in conflict with this Compact are superseded to the extent
of the conflict.
C. All lawful actions of the Commission, including all rules and bylaws promulgated by
the Commission, are binding upon the member states.
D. All agreements between the Commission and the member states are binding in ac-
cordance with their terms.
E. In the event any provision of this Compact exceeds the constitutional limits imposed
on the legislature of any member state, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that member state.
SECTION 9. The Legislative Assembly of the State of Oregon hereby ratifies the
Audiology and Speech-Language Pathology Interstate Compact set forth in section 8 of this
2025 Act.
SECTION 10. ORS 681.230 is amended to read:
681.230. (1) Without obtaining a license under this chapter, a person may use a procedure in-
cluded in the practice of speech-language pathology or audiology if the procedure is within the
person’s scope of practice and the person is:
(a) Licensed by a health professional regulatory board as defined in ORS 676.160;
(b) Performing basic audiometric testing under the supervision of a physician licensed under
ORS chapter 677 or a naturopathic physician licensed under ORS chapter 685 and representing that
the person is a medical assistant or audiology assistant;
(c) A teacher who is licensed by the Teacher Standards and Practices Commission and who
holds a hearing impaired endorsement issued by the commission;
(d) A student participating in supervised field work or supervised course work in speech-
language pathology or audiology as part of a college or university program approved by the State
Board of Examiners for Speech-Language Pathology and Audiology; or
(e) A student taking an undergraduate course in speech-language pathology approved by the
board.
(2) A person practicing speech-language pathology or audiology without a license under sub-
section (1) of this section may not represent or imply that the person is a speech-language
pathologist, speech-language pathology assistant or audiologist.
(3) A person practicing speech-language pathology or audiology without a license under sub-
section (1)(d) or (e) of this section:
(a) Must use a title that indicates that the person is a student trainee.
(b) May not be paid for speech-language pathology or audiology services provided by the person,
except that the person may be provided a reasonable educational stipend.
(4) Without obtaining a license under this chapter, a person may:
(a) Consult with or disseminate the person’s research findings and scientific information to an
[32]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
accredited academic institution or a governmental agency; and
(b) Offer lectures to the public for a fee, monetary or otherwise.
(5) This section does not apply to an individual who is authorized to practice as an
audiologist or speech-language pathologist by compact privilege as defined in section 8 of this
2025 Act.
SECTION 11.
ORS 681.250 is amended to read:
681.250. (1) A license shall be issued to qualified persons either in speech-language pathology
or audiology. A person may be licensed in both areas if the person meets the respective qualifica-
tions and in such instances the license fee shall be as though for one license.
(2) [ No person shall ] A person may not practice speech-language pathology or audiology or
purport to be a speech-language pathologist or audiologist in this state unless :
(a) The person is licensed in accordance with the provisions of this chapter[ .]; or
(b) The person is authorized to practice as an audiologist or speech-language pathologist
by compact privilege as defined in section 8 of this 2025 Act.
SECTION 12. ORS 681.480 is amended to read:
681.480. The State Board of Examiners for Speech-Language Pathology and Audiology Account
is established in the State Treasury, separate and distinct from the General Fund. All moneys re-
ceived by the State Board of Examiners for Speech-Language Pathology and Audiology under this
chapter shall be deposited into the account and are continuously appropriated to the board for the
administration and enforcement of this chapter and ORS 676.850 and for the purpose of meeting
financial obligations imposed on the State of Oregon as a result of this state’s participation
in the Audiology and Speech-Language Pathology Interstate Compact established under sec-
tion 8 of this 2025 Act . Any interest or other income from moneys in the account shall be credited
to the account.
SECTION 13. (1) The amendments to ORS 681.230 and 681.250 by sections 10 and 11 of this
2025 Act apply to an individual authorized to work as an audiologist or speech-language
pathologist by compact privilege on and after the operative date specified in section 14 of this
2025 Act.
(2) The amendments to ORS 681.480 by section 12 of this 2025 Act apply to moneys re-
ceived by the State Board of Examiners for Speech-Language Pathology and Audiology on
and after the operative date specified in section 14 of this 2025 Act.
SECTION 14. (1) Sections 8 and 9 of this 2025 Act and the amendments to ORS 681.230,
681.250 and 681.480 by sections 10 to 12 of this 2025 Act become operative on January 1, 2026.
(2) The State Board of Examiners for Speech-Language Pathology and Audiology may
take any action before the operative date specified in subsection (1) of this section that is
necessary to enable the board to exercise, on and after the operative date specified in sub-
section (1) of this section, all of the duties, functions and powers conferred on the board by
sections 8 and 9 of this 2025 Act and the amendments to ORS 681.230, 681.250 and 681.480 by
sections 10 to 12 of this 2025 Act.
INFORMATION DISCLOSURE
SECTION 15. ORS 676.177 is amended to read:
676.177. (1) Notwithstanding any other provision of ORS 676.165 to 676.180 and except as pro-
vided in subsection (5) of this section, a health professional regulatory board, upon a determination
[33]
HB 2357
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
by the board that it possesses otherwise confidential information that reasonably relates to the
regulatory or enforcement function of another public entity, may disclose that information to the
other public entity.
(2) Any public entity that receives information pursuant to subsection (1) of this section shall
agree to take all reasonable steps to maintain the confidentiality of the information, except that the
public entity may use or disclose the information to the extent necessary to carry out the regulatory
or enforcement functions of the public entity.
(3) For purposes of this section, “public entity” means:
(a) A board or agency of this state, or a board or agency of another state with regulatory or
enforcement functions similar to the functions of a health professional regulatory board of this state;
(b) A district attorney;
(c) The Department of Justice;
(d) A state or local public body of this state that licenses, franchises or provides emergency
medical services; or
(e) A law enforcement agency of this state, another state or the federal government.
(4) Notwithstanding subsections (1) to (3) of this section[,]:
(a) The Oregon Board of Physical Therapy may disclose information described in subsection (1)
of this section to the Physical Therapy Compact Commission [ established] described in ORS 688.240.
(b) The Occupational Therapy Licensing Board may disclose information described in
subsection (1) of this section to the Occupational Therapy Compact Commission described in
section 1 of this 2025 Act.
(c) The State Board of Examiners for Speech-Language Pathology and Audiology may
disclose information described in subsection (1) of this section to the Audiology and Speech-
Language Pathology Compact Commission described in section 8 of this 2025 Act.
(5) A health professional regulatory board may not disclose the information described in sub-
section (1) of this section to another public entity if the information relates to the provision of or
referral for reproductive or gender-affirming health care services.
SECTION 16.
The amendments to ORS 676.177 by section 15 of this 2025 Act apply to in-
formation disclosed on and after the effective date of this 2025 Act.
CAPTIONS
SECTION 17. The unit captions used in this 2025 Act are provided only for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative intent in the enactment of this 2025 Act.
EFFECTIVE DATE
SECTION 18. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
[34]