                                 CODE OF VIRGINIA

ADVERSE ACTIONS (§ 54.1-2612)

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&#8217;s or speech-language
   pathologist&#8217;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
   witness 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 an
   audiologist&#8217;s or speech-language pathologist&#8217;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 occurred 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 his primary state of residence during
the course of the investigations. The home state shall also have the authority
to take appropriate action 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&#8217;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&#8217;s
or speech language pathologist&#8217;s license, the audiologist&#8217;s or
speech-language pathologist&#8217;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&#8217;s or speech-language pathologist&#8217;s license
shall include a statement that the audiologist&#8217;s or speech-language
pathologist&#8217;s privilege to practice is deactivated 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&#8217;s decision that
participation in an alternative program may be used in lieu of adverse action.

HISTORY: 2023, c. 337.